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HomeMy WebLinkAboutAgenda Report - September 15, 2004 I-01AGENDA ITEM 1-1 CITY OF LODI W COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution of Intention to form Lodi Tourism Business Improvement District and Adopt Resolution Appointing an Advisory Board" MEETING DATE: September 15, 2004 PREPARED BY: City Attorney RECOMMENDED ACTION: Consider Adoption of 1) Resolution of Intention to form Lodi Tourism Business Improvement District and 2) Resolution Appointing the Advisory Board for the Lodi Tourism Business Improvement District. BACKGROUND INFORMATION: The Lodi Conference and Visitors Bureau (LCVB) requests that Council assist with its funding by establishing a Lodi Tourism Business Improvement District pursuant to the Parking and Business Improvement Law of 1989, California Streets and Highways Code §§ 36500 et seq. If established the LTBID would then receive funding by an assessment levied as a percentage of the room charge for all hotels within the City of Lodi. The first step necessary to establish a Business Improvement District is for the Council to consider, and if amenable, approve the passage of a Resolution of Intention to establish the District. (Streets and Highways § 36522) The Resolution must set the boundaries of the district; name the district; establish the activities of the district; state that, unless otherwise funded, the district will be funded through assessments levied against the members of the district; state the proposed method of the levy in sufficient detail to permit the proposed assessees to estimate their assessment; state whether new businesses will be exempt; fix the time for a public hearing; and state that the hearing will allow for testimony of all interested persons for or against the establishment of the district. The Resolution and Notice of the Hearing on the actual establishment of the district must then be published in the paper and mailed to each prospective member of the district. A second hearing to actually establish the district would occur later, if the Resolution of Intention is passed. A majority protest at the hearing would prevent the establishment of the District. The vote is weighted according to the percentage of the overall assessment that the protesting business would pay. A spreadsheet showing the vote weighting is attached as Exhibit A. A timeline for the remaining actions to establish the district is attached as Exhibit B for Council's consideration. Streets and Highways Code § 36530 provides that the Council may appoint the advisory board prior to adopting the resolution of intention so that the advisory board may recommend the provision of the resolution of intention. This would seemingly also allow their appointment at the same time as the resolution of intention is adopted to allow involvement in the ultimate district. Attached is a Resolution Appointing Advisory Board for Council consideration as recommended by the Lodi Conference and Visitors Bureau. FUNDING: Not applicable. C� D. Stephe Schwabauer fAl DSS/pn City Attorney Attachment cc: Nancy Beckman, LCVB APPROVED: Janet S. Keeter, Interim City Manager counoWcouncom/Ordinance) .doc Wine and Roses Country Inn Wine and Roses Country LLC Agent for Service ofProcess Russel GMunson 2505VVTurner Rd Lodi, CA 95242 Phone: 200-334-0988 BusTax#� 2121 Del Rancho Motel Aohvin Fl Patel 6O1NCherokee Ln Lodi, CA 95240 Phone: 209-368-5348 BusTax#: 10036 Holiday Inn Express [)mry|Q8weke PO Box 1210 (1140 S Cherokee Ln) Lodi, CA 95241 Phone: 209-334-6422 Bus Tmx#� 668 Star Hotel Jay KJSanqrhaJPatel 22SMain 8t Lodi, CA 05240 Phone: 208-308'3281.209-368-4122 BusTax#: 3467 Budget Inn ofLodi SunaohB Patel 0178Cherokee Ln Lodi, CA 95240 Phone: 209-3$8'1091 BunTex#: 495 Comfort Inn - Lodi KFPManagement, Inc Agent for Service ofProcess KyuSKim 118NCherokee Ln Lodi, CA 95240 Phone: 209-387-4848 BusTax#: 12851 Lodi BRancho Motel ` R&PProperties, Inc Agent for hPhamber 220 Harding Bv (603 N Cherokee Ln) Number of V!2tes 2472 178 4 165 510 Roseville, CA 95678 Phone: 916-783-0961 Bus Tax # : 12126 Yadav & Assoc/Modern Motor Lodge Sunil/Shobhana/Sushil/Sonal Yadav 1050 S Cherokee Ln Lodi, CA 95240 Phone: 209-333-8844, 209-333-9812 Bus Tax # : 621 Wine Country Inn Shohhana/Surendra P Patel 6€37 S Cherokee Ln Lodi, CA 95240 Phone: 209-368-1152 Sus Tax. # : 748 Rancho Grande Motel Hasmukh M/Rita Bhakta 807 S Cherokee Ln Lodi, CA 95240 Phone: 209-334-3303 Bus Tax # : 8627 Traveler's Motel Ghanshyam A/Mita Patel 112. N School St Lodi, CA 95240 Phone: 209-368-1518 Bus Tax # : 444 Viking Motel Rakesh G/Smita Patel 815 S Cherokee Ln Lodi, CA 95240 Phone: 209-369-6229 Bus Tax # : 6900 Royal Host Inn Chetan H/Prakash J/Pradepkumar/Paresh J Patel 714 5 Cherokee Ln Lodi, CA 95240 Phone: 209-369-8484 Bus Tax # : 760 Imperial Hotel Mumraiez Ahmad 9 W Oak St Lodi, CA 95240 Phone: 209-366-0964, 209-369-5744 In 183 55 23 69 1169 Bus Tax ## : 391 Economy Inn 124 Hasrnukh/Rita/Jayanti/Kalavati Bhakta 1100 S Cherokee Ln Lodi, CA 95240 Phone: 209-368-3778 Bus Tax # : 8256 Maim Hotel Guvant 13hatka 4 5 Main St Lodi, CA 95240 Phone: 209-334-6059 BusTax # : 1166 EXHIBIT B LODI TOURISM BUSINESS IMPROVEMENT DISTRICT TIME TABLE (Pursuant to Streets & Highways Code 36500 et seq.) DATE ACTION September 10, 2004 City Clerk to mail copy of 09/15/04 agenda & staff report to 16 hotel/motel owners (as provided by the Finance Department) September 15, 2004 City Council Meeting ➢Appoint Advisory Board ➢Adopt Resolution of Intention September 17, 2004 Mailing of Notice of Public Hearing (i.e. Resolution of Intention) to all hotel/motel owners subject to the assessment September 20, 2004 Publish Resolution of Intention in Lodi News -Sentinel (1x at least 7 days prior to public hearing) October 6, 2004 City Council Meeting Public Hearing to hear testimony of all interested persons for or against the establishment of the BID and the levy of proposed new assessments. Note: 36525 (a) If written protests are received from the owners of businesses in the proposed area which will pay 50% or more of the assessments proposed to be levied, no further proceedings to create the BID or to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. ➢Introduction of Ordinance Establishing BID (Public hearing to be held not less than 20 or more than 30 days after the adoption of the resolution of intention) October 20, 2004 City Council Meeting ➢Adoption of Ordinance Establishing BID Prepared by City Clerk (Procedure/BID time tableEE) With approval of City Attorney Schwabauer and John Lambeth & Lisa Nava of DownTown Resources Item 1-1 RESOLUTION NO. 2004- A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE LTBID BOUNDARIES WHEREAS, the Lodi Conference and Visitors Bureau is interested in establishing the Lodi Tourism Business Improvement District (LTBID) and levy an assessment on hotels with the LTBID; and WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the Streets and Highways Code authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, businesses within the LTBID have requested the Lodi City Council to establish such an improvement area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby resolve, determine, and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The City Council declares its intention to establish the LTBID and to levy and collect assessments within the LTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the LTBID shall be the city limits of the City of Lodi. Section 3. The name of the district shall be the Lodi Tourism Business Improvement District. Section 4. The LTBID proposes to administer marketing programs to promote the City of Lodi as a tourism destination and to fund projects, programs, and activities that benefit hotels within the City of Lodi. Section 5. The proposed LTBID will include all hotels within the City of Lodi. The assessment is proposed to be levied on all hotels, existing and future, within the City of Lodi based upon 3% of the gross Short Term Room Rental revenue beginning January 1, 2005. An assessment will be levied annually to pay for the improvements and activities within the area and will be collected quarterly based on 3% of the gross Short Term Room Rental revenues for the previous quarter. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Pursuant to the City of Lodi's transient occupancy tax ordinance, assessments pursuant to the LTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax. As used in this Resolution, the phrase "Short Term Room Rental" shall mean occupancies that last less than 30 consecutive days. Section 6. The LTBID proposed annual assessment in year one totals approximately $156,000. The funds raised shall be spent on a Marketing Program, Administration & Personnel, and BID Development/ Formation. ction 7. The City of Lodi will collect the assessments quarterly from hotels within the City. The City of Lodi will collect the assessment on the same form as that used for the collection of transient occupancy tax receipts. The City of Lodi will charge a 5% collection fee on amounts collected and will remit the net amount to the LTBID within 30 days after collections occur. Section 8. The LTBID advisory board shall submit an annual report, which shall Include a budget for operations and a detailed identification of the marketing efforts to be undertaken by the LTBID for the ensuing calendar year, to the Lodi City Council pursuant to Section 36533. Section 9. The Lodi City Council shall appoint the Advisory Board as described in Section 36530. ,5ection 10. The time and place for the public hearing to establish the LTBID and the levy of the assessments is set for October 6, 2004, at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 11 . At the public hearing, the testimony of all interested persons for or against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities will be heard. Section 12. A protest against the LTBID, or any aspect of it, may be made in writing. To count in the majority protest against the LTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests must be received by the City Clerk of the City of Lodi before the close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240 or mailed to the City Clerk at P.Q. Box 3006, Lodi, CA 95241. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk/City Council at, or prior to, the public meeting. Section 13. If, at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the LTBID that will pay fifty percent (50%) or more of the total assessments of the entire LTBID, no further proceedings to create the LTBID shall occur. New proceedings to form the LTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the LTBID. lection 14. Further information regarding the proposed Lodi Tourism Business Improvement District may be obtained from the City Clerk, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 15. The City Clerk is instructed to provide notice of the public hearing as follows: a. Publish this Resolution of Intention in a newspaper of general circulation in the City of Lodi once, at least seven (7) days before the hearing. b. Mail complete copy of this Resolution of Intention to each and every business owner proposed to be assessed in the LTBID within seven (7) days of the adoption of this Resolution by the City Council. Section 16. This Resolution is effective on its adoption. Dated: September 15, 2004 I hereby certify that Resolution No. 2004- was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 15, 2004, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — SUSAN J. BLACKSTON City Clerk 2004- RESOLUTION NO. 2004-192 A RESOLUTION OF THE LODI CITY COUNCIL APPOINTING LODI TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD WHEREAS, the Lodi City Council adopted a Resolution of Intention to form the Lodi Tourism Business Improvement District (LTBID) at its meeting held September 15, 2004; and WHEREAS, the Lodi City Council now desires to appoint an Advisory Board for the LTBID; and WHEREAS, the following is a list of names that have been recommended by Nancy Beckman, Executive Director of the Lodi Conference and Visitors' Bureau to sit on the Advisory Board: Tabitha Freytag Wine and Roses Beth Kim Comfort Inn Sonny Patel Wine Country Inn Sunil Yadav Modern Motor Lodge Mary Wallace Frames & Fine Things Kelli Mettler Wine & Visitor Center Betty Hansen Jewel Fine Wines NOW, THEREFORE, BE IT RESOLVED that the Advisory Board is hereby appointed as recommended above. Dated: September 15, 2004 -------------------------- I hereby certify that Resolution No. 2004-192 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 15, 2004, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS -- None SUSAN J. BLACKSTON City Clerk 2004-192 RESOLUTION NO. 2004-191 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS' INTENTION TO ESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE LTBID BOUNDARIES WHEREAS, the Lodi Conference and Visitors Bureau is interested in establishing the Lodi Tourism Business Improvement District (LTBID) and levy an assessment on hotels with the LTBID; and WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the Streets and Highways Code authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, businesses within the LTBID have requested the Lodi City Council to establish such an improvement area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby resolve, determine, and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The City Council declares its intention to establish the LTBID and to levy and collect assessments within the LTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the LTBID shall be the city limits of the City of Lodi. ect'on 3. The name of the district shall be the Lodi Tourism Business Improvement District. ection 4. The LTBID proposes to administer marketing programs to promote the City of Lodi as a tourism destination and to fund projects, programs, and activities that benefit hotels within the City of Lodi. Section I The proposed LTBID will include all hotels within the City of Lodi. The assessment is proposed to be levied on all hotels, existing and future, within the City of Lodi based upon 3% of the gross Short Term Room Rental revenue beginning January 1, 2005. An assessment will be levied annually to pay for the improvements and activities within the area and will be collected quarterly based on 3% of the gross Short Term Room Rental revenues for the previous quarter. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Pursuant to the City of Lodi's transient occupancy tax ordinance, assessments pursuant to the LTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax. As used in this Resolution, the phrase "Short Term Room Rental" shall mean occupancies that last less than 30 consecutive days. Section 6.. The LTBID proposed annual assessment in year one totals approximately $156,000. The funds raised shall be spent on a Marketing Program, Administration and Personnel, and BID Development/ Formation. Section 7. The City of Lodi will collect the assessments quarterly from hotels within the City. The City of Lodi will collect the assessment on the same form as that used for the collection of Transient Occupancy Tax receipts. The City of Lodi will charge a 5% collection fee on amounts collected and will remit the net amount to the LTBID within 30 days after collections occur. �ecLkA, 8. The LTBID advisory board shall submit an annual report, which shall include a budget for operations and a detailed identification of the marketing efforts to be undertaken by the LTBID for the ensuing calendar year, to the Lodi City Council pursuant to Section 36533. Section 9. The Lodi City Council shall appoint the Advisory Board as described in Section 36530. ,igetion1-Q. The time and place for the public hearing to establish the LTBID and the levy of the assessments is set for October 6, 2004, at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 1.1. At the public hearing the testimony of all interested persons for or against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities will be beard. Section 12. A protest against the LTBID, or any aspect of it, may be made in writing. To count in the majority protest against the LTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests must be received by the City Clerk of the City of Lodi before the close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240 or mailed to the City Clerk at P.Q. Box 3006, Lodi, CA 95241. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City ClerklCity Council at, or prior to, the public hearing. Section 13. If, at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the LTBID that will pay fifty percent (50%) or more of the total assessments of the entire LTBID (Exhibit A), no further proceedings to create the LTBID shall occur. New proceedings to form the LTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the LTBID. Section 14. Further information regarding the proposed LTBID may be obtained from the City Cleric, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 15. The City Clerk is instructed to provide notice of the public hearing as follows: a. Publish this Resolution of Intention in a newspaper of general circulation in the City of Lodi once, at least seven (7) days before the hearing. b. Mail complete copy of this Resolution of Intention to each and every business owner proposed to be assessed in the LTBID within seven (7) days of the adoption of this Resolution by the City Council Section 16. This Resolution is effective on its adoption. Dated: September 15, 2004 I hereby certify that Resolution No. 2004-191 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 15, 2004; by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2004-191 Wine and Roses Country Inn Wine and Roses Courkry Inn, LLC Agent for Service of Ptocess : Russel G Munson 2505 W Turner Rd Lodi, CA 95242 Phone: 249^334-6988 Sus Tait # : 2121 Del Random Motel Ashvin R Patel 301 N Cherokee Ln Lodi, CA 85240 Phone: 20$'358-5348 Rus Tax # : 10936 Hokley iron Express Daryl Geweke PO Box 1210 (1140 S Cherokee Ln) Lodi, CA 95241 Phoria: 209-334-6422 Bus Tax # : 568 Star Hotel Jay KfSangrita J Patel 22 S Main St Lodl, CA 95240 Phone: 249-386-326.1,209-36&4122 Bus Tax # : 3467 Budget Inn of Lodi Suresh 8 Patel 917 S Cherokee Ln Lodi, CA 95240 Phone: 208-369-1091 Bus Tac # : 485 Comfort Inn - Lodi KFP WrMewnt, Inc Agent for Service of Process : Kyu S Kim 118 N Cherokee Ln Lodi, CA 95244 Phone: 209-367-4848 Bus Tax # : 12851 Lodi EI Rancho Motel R & P Properties, Inc Agent for Service of Process : Ramesh P#amber 220 Harding By (603 -N Cherokee Ln) Nuri W_F-of YWs 2472 178 3237 165 1783 510 RUM Roseville, CA 95678 Phone: 916-783-0961 Bus Tax # : 12926 Yadav & Assoc/Modem Motor Lodge Sun!V$hobhana/SushWSonal Yadav 1050 S Cherokee Ln Lodi, CA 95240 Phone: 209-333-8844, 209-333-9812 Bus Tax # : 621 Wine Country Inn Shobhwa/Surendm F Patel 607 S Cherokee Ln Lodi, CA 95240 Phone: 209-38&1152 Bus Tax # : 748 Rancho Grande Motet Hasmukh M/Rlta Bhakta 807 S Cherokee Ln Lodi, CA 95240 Phone:: 209-334-3303 Bus Tax # : 8627 Travelers bkotel Ghanshyam NNW Patel 112 N School St Lodi, CA 95240 Phone: 209-368-1518 Bus Tax # : 444 Viking Motel Rakesh G/Smita Patel 815 S Cherokee Ln Lodi, CA 95240 Phone: 209-369-6229 Bus Tax # : 6900 EXH t 81, A 18 183 55 23 69 Royal Host inn 1159 Chetan H/Prakash J/Pradepkumar/Paresh J Patel 710 S Cherokee Ln Lodi, CA 95240 Phone: 209-368-8484 Bus Tau # : 760 imperial Hotel Mumraiez Ahmad 9 W Oak St Lodi, CA 95240 Phone: 209-368-0964, 209-369-5744 8 EXHIBIM 4A Bus Tex # : 391 Econamy inn 124 Hosnnukh/RWJayantyKalavabi .Bhakta 1100 S Cherokee Ln Lodi, CA 95240 Phorwe: 209-3W3778 Bus Trus # : 8256 Main Hotel Gunvent BMWs 4 S Main St Lodi, CA 95240 Phone: 209-334-6059 BusTex # :1166 F p yM +oi s P awXt �� y�."i All r f'. CW ­ CiA ' r 40 Please immediately confirm receipt j of this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: RESOLUTION DECLARING INTENTION TO ESTABLISH LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) AND LEVY AND COLLECT ASSESSMENTS WITHIN THE LTBID BOUNDARIES PUBLISH DATE: MONDAY, SEPTEMBER 20, 2004 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 16, 2004 ORDERED BY: JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK KAKI J. CHADWICK ADMINISTRATIVE CLERK '1 J IFER M. RRLN, CMC D UTY CITY CLERK �,1e�-if}f Appeart�nce of this Legal ire the Newspaper - Gopy #o Fiie ►� ► PROOFOF I Faxed to the Sentinel at 369-1084 at (time) on (date}(pages) LNS Phoned to confirm receipt of all pages at (time) Jac aen (initials) formsladvins.doc DECLARATION OF MAILING RESOLUTION DECLARING INTENTION TO ESTABLISH LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) AND LEVY AND COLLECT ASSESSMENTS WITHIN THE LTBID BOUNDARIES AND RESOLUTION APPOINTING LTBID ADVISORY BOARD On September 16, 2004, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing resolution declaring intention to establish Lodi Tourism Business Improvement District (LTBID) and levy and collect assessments within the LTBID boundaries AND resolution appointing LTBID Advisory Board, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 16, 2004, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KARI J. CHADWICK ADMINISTRATIVE CLERK Forms/decmail.doc ORDERED BY: SUSAN SLACKSTON CITY CLERK, CITY OF LODI NIFER . PERRIN DEPUTY CITY CLERK EXHIBIT A NOTICE OF PUBLIC HEARING LODI CITY COUNCIL 221 W. PINE STREET, LODI, 95240 -TELEPHONE 333-6702 DATE: Wednesday, October 6, 2004 TIME: 7:00 p.m., or as soon thereafter as the matter can be heard PLACE: Carnegie Forum, 305 West Pine Street, Lodi SUBJECT: To establish the Lodi Tourism Business Improvement District (LTBID) and the levy of assessments. (IMPORTANT— READ ENCLOSED RESOLUTION 2004-191) At the public hearing the testimony of all interested persons for or against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities will be heard. A protest against the LTBID, or any aspect of it may be made in writing. To count in the majority protest against the LTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defectto which objection is made. Written protests must be received by the City Clerk of the City of Lodi before the close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240 or mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241. ALL PROCEEDINGS BEFORE THE CITY COUNCIL ARE CONDUCTED IN ENGLISH. THE CRY OF LOW DOES NOT FURNISH INTERPRETItRS, AND, IF ONE IS NEEDED, IT SHALL BE THE RESPONSIBILITY OF THE PERSON NEEDING ONE. ANYONE WISHING TO BE HEARD ON THE ISSUE MAY APPEAR BEFORE THE CITY COUNCIL AT THE TIME OF THE PUBLIC HEARING. IF YOU CHALLENGE THE PROPOSED ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERKICRY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. Deft NWftd: September 16, 2004 SUSAN J. BLACK ON CITY CLERK OF THE CITY OF LODI NOTICE OF PUBLIC HEARING RESOLUTION NO. 2004-191 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS' INTENTION TO ESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE LTBID BOUNDARIES WHEREAS, the Lodi Conference and Visitors Bureau is interested in establishing the Lodi Tourism Business Improvement District (LTBID) and levy an assessment on hotels with the LTBID; and WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the Streets and Highways Code authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, businesses within the LTBID have requested the Lodi City Council to establish. such an improvement area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby resolve, determine, and find as follows: coi . The recitals set forth herein are true and correct. Section 2. The City Council declares its intention to establish the LTBID and to levy and collect assessments within the LTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the LTBID shall be the city limits of the City of Lodi. Section The name of the district shall be the Lodi Tourism Business Improvement District. Section .. The LTBID proposes to administer marketing programs to promote the City of Lodi as a tourism destination and to fund projects, programs, and activities that benefit hotels within the City of Lodi. Section 5. The proposed LTBID will include all hotels within the City of Lodi. The assessment is proposed to be levied on all hotels, existing and future, within the City of Lodi based upon 3% of the gross Short Term Room Rental revenue beginning January 1, 2005. An assessment will be levied annually to pay for the improvements and activities within the area and will be collected quarterly based on 3% of the gross Short Term Room Rental revenues for the previous quarter. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Pursuant to the City of Lodi's transient occupancy tax ordinance, assessments pursuant to the LTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax. As used in this Resolution, the phrase "Short Term Room Rental" shall mean occupancies that last less than 30 consecutive days. ecti n 6. The LTBID proposed annual assessment in year one totals approximately $156,000. The funds raised shall be spent on a Marketing Program, Administration and Personnel, and BID Development / Formation. Section 7. The City of Lodi will collect the assessments quarterly from hotels within the City. The City of Lodi will collect the assessment on the same form as that used for the collection of Transient Occupancy Tax receipts. The City of Lodi will charge a 5% collection fee on amounts collected and will remit the net amount to the LTBID within 30 days after collections occur. Section 8. The LTBID advisory board shall submit an annual report, which shall include a budget for operations and a detailed identification of the marketing efforts to be undertaken by the LTBID for the ensuing calendar year, to the Lodi City Council pursuant to Section 36533. Section 9. The Lodi City Council shall appoint the Advisory Board as described in Section 36530. Section 10. The time and place for the public hearing to establish the LTBID and the levy of the assessments is set for October 6, 2004, at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 11. At the public hearing the testimony of all interested persons for or against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities will be heard. Section 12. A protest against the LTBID, or any aspect of it, may be made in writing. To count in the majority protest against the LTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests must be received by the City Clerk of the City of Lodi before the close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240 or mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk/City Council at, or prior to, the public hearing. Section 13. If, at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the LTBID that will pay .fifty percent (50%) or more of the total assessments of the entire LTBID (Exhibit A), no further proceedings to create the LTBID shall occur. New proceedings to form the LTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the LTBID. SpAM 14. Further information regarding the proposed LTBID may be obtained from the City Clerk, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 15. The City Clerk is instructed to provide notice of the public hearing as follows: a. Publish this Resolution of Intention in a newspaper of general circulation in the City of Lodi once, at least seven (7) days before the hearing. b. Mail complete copy of this Resolution of Intention to each and every business owner proposed to be assessed in the LTBID within seven (7) days of the adoption of this Resolution by the City Council. Sectkin 16. This Resolution is effective on its adoption. Dated: September 15, 2004 I hereby certify that Resolution No. 2004-191 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 15, 2004, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2004-191 Wine .and Roses Country Inn Wine and Ruses Coudtry Inn, LLC Agetltibr Service of Pi6cess : Russel G Munson 2505 W Turner Rd Lodi, CA 95242 Phone: 209-334-6988 Bus Tax # : 2121 Del Rancho Motel Ashvin R Patel 341 N Cherokee Ln Lodi, CA 96240 Phone: 209-368-5348 Bus Tax # : 10936 Holiday Inn Express Daryl Gewake PO sax 1210 0140 S Cherokee Ln) Lodi, CA 95241 Phone: 2334-8422 Bus Tax #! : SW Star Hotel Jay KSangrlta J Patel 22 S Main St Lodi, CA 96240 Phone: 209-3W326-1.209-368-4122 Bus Tax # : 3467 Budget Inn of Lodi Suresh B Patel 917 S Cherokee Ln Lodi, CA 95240 Phone: 209-369-1091 Bus Tax # : 495 Cambrt Inn - Lodi KFP Mar neat, Inc Agent for Service of Process : Kyu S Kim 118 N Cherokee Ln Lodi, CA 96240 Phone: 209-3674848 Bus Tax # : 12851 Lodi EI Rancho Note! R & P Properties, Inc Agent for Service of Process : Ramesh Pitamber 220 Handing By (803.N Cherokee Ln) NuMbgr of Votes 2472 178 3237 4 165 1783 510 Roseville, CA 95678 Phone: 916-783-0961 Bus Tax # : 12126 Yadav & Assoc/Modem Motor Lodge SuniV,Shobhana/SushWSonai Yadav 1050 S Cherokee Ln Lodi, CA 95240 Phone: 208-333-8844, 209-333-9812 Bus Tax # : 621 Wine Country Inn Shobhana/Surendra F Patel 607 S Cherokee Ln Lodi, CA 95240 Phone: 209-36& 1152 Bus Tax # : 748 Rancho Grande Motel Hasmukh M/Rita Bhakta 807 S Cherokee Ln Lodi, CA 95240 Phone: 209-334-3303 Bus Tax # : 8627 Traveler's Motel Ghambyam A/Miia Patel 112 N School St Lodi, CA 95240 Phone: 209-3W1518 Bus Tax # : 444 Viking Motel Rakesh G/Smits Patel 815 S Cherokee Ln Lodi, CA 95240 Phone: 209-369-6229 Bus Tax # : 6900 FXHIBQ 18 183 55 23 Kfl Royal Host Inn 1189 Chetan H/Prakash J/Pradepkumar/Paresh J Patel 710 S Chemkoe Ln Lodi, CA 95240 Phone: 209368-8484 Bus Tax #: 760 Imperial Hotel 8 Mumralez Ahmad 9 W Oak St Lodi, CA 95240 Phone: 209-366-0964, 209-369-5744 Sus Tax # : 391 Eoommw Iran HasmukhlR#ta/Jayand/Kaievati. Bhakta 1100: S Cherokee Ln Lodi, CA 95240 Phone: 2M388-3778 Bus Tax # 8256 Main Hotel Gunvent Burka 4 S MWn St Lodi, CA 95240 Phoria: 209.334-6059 BusTax #/ : 1186 124 �� 1 RESOLUTION NO. 2004-192 A RESOLUTION OF THE LODI CITY COUNCIL APPOINTING LODI TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD WHEREAS, the Lodi City Council adopted a Resolution of Intention to form the Lodi Tourism Business Improvement District (LTBID) at its meeting held September 15, 2004; and WHEREAS, the Lodi City Council now desires to appoint an Advisory Board for the LTBID; and WHEREAS, the following is a list of names that have been recommended by Nancy Beckman, Executive Director of the Lodi Conference and Visitors' Bureau to sit on the Advisory Board: Tabitha Freytag Wine and Roses Beth Kim Comfort Inn Sonny Patel Wine Country Inn Sunil Yadav Modem Motor Lodge Mary Wallace Frames & Fine Things Kelli Mettler Wine & Visitor Center Betty Hansen Jewel Fine Wines NOW, THEREFORE, BE IT RESOLVED that the Advisory Board is hereby appointed as recommended above. Dated: September 15, 2004 I hereby certify that Resolution No. 2004-192 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 15, 2004, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hitchoock, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2004-192 Use Avery` TkNIPLATE 5160' 1 -800 -GO -AVERY Wine & Roses Country Inn Del Rancho Motel Holiday Inn Express Russel G. Munson Ashvin R. Patel ©aryl Geweke 2505 W. Turner Road 501 N. Cherokee Lane P.O. Box 1210 Lodi, CA 95242 Lodi, CA 95240 Lodi, CA 95241 Star Hotel Budget Inn of Lodi Comfort Inn — Lodi. Jay K/Sangrita J. Patel Suresh B. Patel KFP Management/Kyu S. Kim ?2 S. Main Street 917 S. Cherokee Lane 118 N. Cherokee Lane -odi, CA 95240 Lodi, CA 95240 Lodi, CA 95240 _odi EI Rancho Motel UP Properties/Ramesh Pitamber Modern Motor Lodge Wine Country Inn 20 Harding Boulevard Yadav & Associates Shobhana/Surendra F. Patel loseville, CA 95678 1050 S. Cherokee Lane 607 S. Cherokee Lane Lodi, CA 95240 Lodi, CA 95240 rancho Grande Motel Traveler's Hotel Viking Motel iasmukh M./Rita Bhakta Ghanshyam AJMita Patel Rakesh G./Smita Patel ;07 S. Cherokee Lane 112 N. School Street 815 S. Cherokee Lane .odi, CA 95240 Lodi, CA 95240 Lodi, CA 95244 loyal Host Inn Imperial Hotel Economy Inn ;hetan H. Pradepkumar & Paresh Patel Mumraiez Ahmad Hasmukh/Kalavati Bhakta 10 S. Cherokee Lane 9 W. Oak Street 1140 S. Cherokee Lane odi, CA 95240 Lodi, CA 95240 Lodi, CA 95240 lain Hotel iunvant Bhatka S. Main Street odi, CA 95240 EXHIBIT Bi �09L5 ®fi dit AVEIAV-09-008-L ■..� 009L5 31VIdW31 aAv asn uim tiene n&MM 6ulluud aWl wer Wine & Roses Country Inn Comfort Inn — Lodi Wine Country Inn Tabitha Freytag Beth Kim Sonny Patel 2505 W. Turner Road 118 N. Cherokee Lane 607 S. Cherokee Lane Lodi, CA 95242 Lodi, CA 95240 Lodi, CA 95240 Modern Motor Lodge Sunil Yadav 1050 S. Cherokee Lane Lodi, CA 95240 Jewel Fine Wines Betty Hansen 3750 E. Woodbridge Road rNoodbridge, CA 95258 Frames & Fine Things Mary Wallace 18 W. Pine Street Lodi, CA 95240 Nancy Beckman, Executive Director Lodi Conference & Visitors' Bureau 2545 W. Turner Road Lodi, CA 95240 Wine & Visitors Center Kelli Mettler 2545 W. Turner Road Lodi, CA 95242