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Home My WebLink AboutAgenda Report - November 19, 2008 E-21 PHAGENDA ITEM Po'0201 AdushL gM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution of Intention to Expand the Lodi Tourism Business Improvement District (LTBID), and Set Public Hearingfor December 17, 2008. MEETING DATE: November 19,2008 PREPARED BY: City Attorney RECOMMENDED ACTION: Consider Adoption of Resolution of Intention to expand the Lodi Tourism Business Improvement District and Set Public Hearing for December 17,2008. BACKGROUND INFORMATION: Visit Lodi, aka the Lodi Conference and Visitors Bureau (LCVB), requests that the Council assist with its funding by expanding the boundaries of the Lodi Tourism Business Improvement District pursuant to the Parking and Business Improvement Law of 1989, California Streets and Highways Code §36500 et seq. If expanded, the LTBID would then receive additional funding by an assessment levied as a percentage of the room charge for all hotels not only within the City of Lodi, but also Flag City. Council already began the process of this addition by securing San Joaquin County's consent to the inclusion of territory within its jurisdiction as a condition of the County's execution of the CSA #31 "Flag City" Domestic Waste Connection MOU in 2007. The next step necessary to expand the Business Improvement District is for the Council to consider, and if amenable, approve the passage of a Resolution of Intention to expand the District. (Streets and Highways § 36522) The Resolution must set the revised boundaries of the district; fix the time for a public hearing: and state that the hearing will allow for testimony of all interested personsfor or against the expanded district. The Resolution and Notice of the Hearing on the expansion of the district must then be published in the paper and mailed to each prospective member of the district. A second hearing to actually expand the district would occur later, if the Resolution of Intention is passed. A majority protest at the hearing would prevent the expansion of the District. The vote is weighted according to the percentage of the overall assessment that the protesting business would pay. The Public Hearing must be held on December 17, 2008 to meet the 20- to 30 -day window after the Resolution of Intention as required by the Streets and Highways Code. A timeline for the remaining actions to expand the district is attached as Exhibit A for Council's consideration. FUNDING: Not applicable FISCAL IMPACT: Increased LTBID revenue from the inclusion Flag Ci in the LTBID Attachment chwa au cc: Nancy Beckman, Visit Lodi City Attorney APPROVED: Blair i ity Manager I. II. EXPANSION OF BID Hearing Timeline: 1) November 19 2) December 17 Notice: Consider adoption of Notice of Intention to expand district Hold Public Hearing on Expansion of District (must be 20 - 30 days after adoption of Notice of Intention - S&H §36541) 1) Notice of Intention (regular meeting notice) 2) Public Hearing: a) Publish Notice of Intention 7 days before Public Hearing (S&H §36523) b) 1St Class mail to each business subject to assessment within 7 days of Notice of Intention adoption (S&H Code §36523). III. Hearing Procedure: S&H Code §36524 (copy attached). AGENDA ITEM 2""Z I Ah CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution of Intention to Expand the Lodi Tourism Business Improvement District (LTBID), and Set Public Meeting for December 17, 2008, and Public Hearing for January 21,2009. MEETING DATE: November 19,2008 PREPARED BY: City Attorney RECOMMENDED ACTION: Consider Adoption of Resolution of Intention to expand the Lodi Tourism Business Improvement District and Set Public Meeting for December 17,2008, and Public Hearing for January 21,2009. BACKGROUND INFORMATION: Visit Lodi, aka the Lodi Conference and Visitors Bureau (LCVB), requests that the Council assist with its funding by expanding the boundaries of the Lodi Tourism Business Improvement District pursuant to the Parking and Business Improvement Law of 1989, California Streets and Highways Code §36500 et seq. If expanded, the LTBID would then receive additional funding by an assessment levied as a percentage of the room charge for all hotels within not only the City of Lodi, but also Flag City. Council already began the process of this addition by securing San Joaquin County's consent to the inclusion of territory within its jurisdiction as a condition of the County's execution of the CSA #31 "Flag City" Domestic Waste Connection MOU in 2007. The next step necessary to expand the Business Improvement District is for the Council to consider, and if amenable, approve the passage of a Resolution of Intention to expand the District. (Streets and Highways § 36522) The Resolution must set the revised boundaries of the district; fix the time for a public meeting (Government Code $54954.6) and a public hearing; and state that the hearing will allow for testimony of all interested persons for or against the expanded district. The revisions to this staff report are the result of cleanup legislation that harmonizes a conflict between Government Code §54954.6 and Streets & Highways Code §36522. The former requires 45 days notice and the latter requires a hearing no less than 20 nor more than 30 days afler the Resolution of Intention. As now harmonized, the Resolution and Notice of the Hearing on the expansion of the district must then be mailed to each prospective member of the district. A second public meeting would occur December 17, 2008, if the Resolution of Intention is passed and a third meeting, a public hearing, must be held to actually expand the district, 45 days after mailing Notice of Intention (on January 21, 2009). A majority protest at the public hearing would prevent the expansion of the District. The vote is weighted according to the percentage of the overall assessment that the businesswould pay. A timeline for the remaining actions to expand the district is attached as Exhibit A for Council's consideration. APPROVED: Blah' K , City Mangwr FUNDING: Not applicable. FISCAL IMPACT Increased LTBID revenue from the inclusion cf Flag City Hotels/Motels in the LTBID. Attachment Cc: Nancy Beckman, Visit Lodi I. Hearing Timeline: 1) November 19, 2 00 8 2) December 17,2008 3) January 21,2009 II. Notice: [EXHIEIT A Consider adoption of Notice of Intention to expand district. Hold Public Meeting. Hold Public Hearing to Expand District. 1) Notice of Intention (regular meeting notice) 2) Public Hearing: a) Publish Notice of Intention 7 days before Public Hearing (S&H §36523) b) 1' Class mail to each business subject to assessment within 7 days of Notice of Intention adoption (S&H Code §36523), and 45 days before Public Hearing (Government Code §54954.6). 11L Hearing Procedure: S&H Code §36524 (copyattached). 1-1 § 36523 Notes of Decisions Exhaustion of administrative remedies 1 1. Exhaustion of administrative remedies Business owner exhausted her administrative remedies so as to permit her action challeng- ing town's establishment of business improve- ment district (BID), and statute and ordinance PARKING Div. 18 which authorized imposition of assessments on businesses for BIDS; owner registered protest pursuant to relevant statute by checking appro- priate box on her ballot, and also wrote city council prior to its public hearing. Evans v. City of San. Jose (App. 6 Dist. 1992) 4 Cal. Rptr.2d 601, 3 Cal.AppAth 728, review denied. Administrative Law And Procedure C� 229; Municipal Corporations G:- 974(2) § 36523.5. Notice of public hearing: procedures Notwithstanding Section 36523, prior to adopting any new or increased assessment, the city council shall give notice pursuant to Section 54954.6 ofthe Government Code in lieu of publishing notice pursuant to subdivision (a) of Section 36523. (Added by Stats.1993, c. 1194 (S.B.376), § 26, ef£ Oct. 11, 1993.) Historical and Statutory Notes Section 27 of Stats.1993, c. 1194 (S.B.376) "The provisions of this act are declarative of provides: existing law." Cross References "Assessment" defined for purposes of this Part, see Streets and Highways Code § 36506. "City council" defined for purposes of this Part, see Streets and Highways Code § 36509. Notice, actual and constructive, defined, see Civil Code § 18. Library References Municipal Corporations X450(4). C.J.S. Municipal Corporations §§ 1193 to Westlaw Topic No. 268. 1199, 1208to 1214. § 36524. Hearing: protests: filing; content (a) At the public hearing, the city council shall hear and consider all protests against the establishment of the area, the extent of the area, or the furnishing, Cf specified types of improvements or activities within the area. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. (b) Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in -the form or content of any written protest and at the public hearing may corr'ect minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. (c) Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the busi- ness and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. (Added by Stats. 1989, c. 591, § 2.) 256 RESOLUTION NO. 2008-229 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTIONTO EXPAND THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) WHEREAS, Visit Lodi, formerly known as Lodi Conference and Visitors Bureau, is interested in expanding the Lodi Tourism Business Improvement District (LTBID) to include hotels within the Service Area of CSA #31 "Flag City"; and WHEREAS, the County of San Joaquin has consented to the expansion of the LTBID into Flag City; and WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the Streets and Highways Code authorizes cities to expand parking and business improvement areas for the purpose of promoting tourism: and WHEREAS, businesseswithin the LTBID have requested the Lodi City Council to expand 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 expand the LTBID 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 expanded to include the service area of County Service Area #31 ("Flag City"). Section 3. 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 area as expanded. Section 4. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities in the area. Section 5. The proposed LTBID will include all hotels within the City of Lodi and Flag City. Section 6. The assessment is proposed to be levied on all hotels, existing and future, within the City of Lodi and Flag City based upon 3% of the gross room rental revenue. Section 7. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Streets and Highways Code 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. Section 8. The LTBID proposed annual assessment (as expanded) in year one totals approximately $270,000. The funds raised shall be spent on a Marketing Program, Administration & Personnel, and BID Development/ Formation. Section . 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 10. The time and place for the public meeting to expand the LTBID and the levy of the assessments is set for December 17, 2008 at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 11. The time and place for the public hearing to expand the LTBID and the levy of the assessments is set for January 21, 2009 at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 12. At the public hearing the testimony of all interested persons for or against the expansion of the area will be heard. Section 13. A protest against the expansion of the LTBID, or any aspect of it, may be made in writing. To count in the majority protest against the LTBID expansion, 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 or the County of San Joaquin 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. E Section 14. If, at the conclusion of the public hearing, there are of record, written protests against the expansion 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 expand the LTBID shall occur. New proceedings to expand 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 are only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the LTBID. Section 15. Further information regarding the proposed LTBID may be obtained from the City Clerk, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 16. 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 17. This Resolution is effective on its adoption. Dated: November 19,2008 I hereby certify that Resolution No. 2008-229 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 19, 2008, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— NonE LDIiJOHL City Clerk 2008-229 3 SUBJECT PUBLISH DATE: Please immediately confirm receipt n ft_h_is fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING TO EXPAND THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) WEDNESDAY, NOVEMBER 26,2008 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: MONDAY, NOVEMBER24,2008 ORDERED BY: RANDI JOHL CITY CLERK JIANIFER M.PERRIN. CMC ASSISTANT CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK Faxed to the Sentinel at 369-1084 at (time) on (d&t3 ', ,E. (. is) LNS Phoned to confirm receipt of all pages at(time) .:�L; CF MB —J MP_ _{initials. N IAdministration\CLERKTorm \Advins2 doe DECLARATION OF POSTING PUBLIC HEARING TO EXPAND THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) On Wednesday, November 26, 2008, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to expand the Lodi Tourism Business Improvement District (LTBID) (attached hereto, marked Exhibit "A) was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on November 26,2008, at Lodi, California. JE60IFER M. P RRIN, CMC ASSISTANT CITY CLERK N:1Administration\CLERKIForms\DECPOST 1.D0C ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING ILNUT Al RESOLUTION NO. 2008-229 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS' INTENTIONTO EXPANDTHE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) WHEREAS, Visit Lodi, formerly known as Lodi Conference and Visitors Bureau, is interested in expanding the Lodi Tourism Business Improvement District (LTBID) to include hotels within the Service Area of CSA #31 "Flag City"; and WHEREAS, the County of San Joaquin has consented to the expansion of the LTBID into Flag City; and WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the Streets and Highways Code authorizes cities to expand parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, businesses within the LTBID have requested the Lodi City Council to expand 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 expand the LTBID 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 expanded to include the service area of County Service Area #31 ("Flag City"). Section 3. 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 area as expanded. Section 4. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities in the area. Section 5 The proposed LTBID will include all hotels within the City of Lodi and Flag City. Section 6. The assessment is proposed to be levied on all hotels, existing and future, within the City of Lodi and Flag City based upon 3% of the gross room rental revenue. Section 7. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Streets and Highways Code 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 occupancytax. Section 8. The LTBID proposed annual assessment (as expanded) in year one totals approximately $270,000. The funds raised shall be spent on a Marketing Program, Administration & Personnel, and BID Development/ Formation. Section 9. 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 10. The time and place for the public meeting to expand the LTBID and the levy of the assessments is set for December 17, 2008 at 700 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 11. The time and place for the public hearing to expand the LTBID and the levy of the assessments is set for January 21, 2009 at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 12. At the public hearing the testimony of all interested persons for or against the expansion of the area will be heard. Section 13. A protest against the expansion of the LTBID, or any aspect of it, may be made in writing. To count in the majority protest against the LTBID expansion, 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 or the County of San Joaquin 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. E Section 14. If, at the conclusion of the public hearing, there are of record, written protests against the expansion 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 expand the LTBID shall occur. New proceedings to expand 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 are only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the LTBID. Section 15. Further information regarding the proposed LTBID may be obtained from the City Clerk, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 16. 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 17. This Resolution is effective on its adoption. Dated: November 19, 2008 I hereby certify that Resolution No. 2008-229 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 19, 2008, by the following vote: AYES: COUNCIL MEMBERS —Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS—None ABSTAIN: COUNCIL MEMBERS—None IJOHL City Clerk 2008-229 3 Im DECLARATION OF MAILING PUBLIC HEARING TO EXPAND THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) On November 25, 2008, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing letter and Public Hearing Notice to expand the Lodi Tourism Business Improvement District (LTBID), attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. 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 perjurythat the foregoing is true and correct. Executed on November 25, 2008, at Lodi, California. JVNIFER M. ERRIN, CMC ATANT CITY CLERK Forms/decmail.doc ORDERED BY: RANDI JOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK Is] IWLK6111P►Is] II JOANNE MOUNCE, Mayor LARRY D. HANSEN, Mayor Pro Tempore SUSAN HITCHCOCK BOBJOHNSON PH I L KATZAKIAN CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 1 FAX (209) 333-6807 www.lodi.00v citvderk@_lo.di.aov November 25,2008 NOTICE OF PUBLIC HEARING (See attached) BLAIR KING, City Managei RANDf JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney 1EXHiBIT Al RE: RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO EXPAND THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT Enclosed please find Resolution No. 2008-229 of the Lodi City Council declaring its intention to expand the Lodi Tourism Business Improvement District. The City Council has established the following dates to hear this matter: • Public Meeting— December 17, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Carnegie Forum, 305 West Pine Street, Lodi, California; and Public Hearing — Januaty 21, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Carnegie Forum, 305 West Pine Street, Lodi, California. Should you have any questions, please do not hesitate to contact the Lodi City Clerk's Office at (209) 333-6702. Sincerely, 2)— Randi Johl City Clerk RJIJMP Enclosure N:\AdrninistrationXCLERK\PubHear\MAaSMTIBMexpansion.doe NOTICE OF PUBLIC HEARING RESOLUTION NO. 2008-229 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTIONTO EXPANDTHE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) WHEREAS, Visit Lodi, formerly known as Lodi Conference and Visitors Bureau, is interested in expanding the Lodi Tourism Business Improvement District (LTBID) to include hotels within the Service Area of CSA #31 "Flag City"; and WHEREAS, the County of San Joaquin has consented to the expansion of the LTBID into Flag City; and WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the Streets and Highways Code authorizes cities to expand parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, businesses within the LTBID have requested the Lodi City Council to expand 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 expand the LTBID 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 expanded to include the service area of County Service Area #31 ("Flag City"). Section 3. 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 area as expanded. Section 4. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities in the area. Section 5. The proposed LTBID will include all hotels within the City of Lodi and Flag City. Section 6. The assessment is proposed to be levied on all hotels, existing and future, within the City of Lodi and Flag City based upon 3% of the gross room rental revenue. Section 7. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Streets and Highways Code 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. Section 8. The LTBID proposed annual assessment (as expanded) in year one totals approximately $270,000. The funds raised shall be spent on a Marketing Program, Administration & Personnel, and BID Development/ Formation. Section 9. 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 10. The time and place for the public meeting to expand the LTBID and the levy of the assessments is set for December 17, 2008 at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 11. The time and place for the public hearing to expand the LTBID and the levy of the assessments is set for January 21, 2009 at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 12. At the public hearing the testimony of all interested persons for or against the expansion of the area will be heard. Section 13. A protest against the expansion of the LTBID, or any aspect of it, may be made in writing. To count in the majority protest against the LTBID expansion, 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, sufficientto identify the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi or the County cf Safi Joaquin 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. R) Section 14. If, at the conclusion of the public hearing, there are of record, written protests against the expansion 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 expand the LTBID shall occur. New proceedings to expand 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 are only as to an improvement or activity proposed, then that type of improvementor activity shall not be included in the LTBID. Section 15. Further information regarding the proposed LTBID may be obtained from the City Clerk, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 16. The City Clerk is instructed to provide notice of the public hearing as follows: a. Publish this Resolution cf 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 cf this Resolution by the City Council. Section 17. This Resolution is effective on its adoption. Dated: November 19, 2008 hereby certify that Resolution No. 2008-229 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 19, 2008, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2008-229 Kj EXHIBIT B RESOLUTION OF INTENTION TO EXPAND THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) Wine and Roses Country Inn, LLC 2505 W. Turner Road Lodi, CA 95242 Ashvin Patel Del Rancho Motel 501 N. Cherokee Lane Lodi, CA 95240 Holiday Inn Express P.O. Box 1420 Lodi, CA 95241 Holiday Inn Express GFLIP III Limited P.O. Box 1210 Lodi, CA 95241 Patel, Kanu & Jayesh K. Star Hotel P.O. Box 263 Lodi, CA 95241 Suresh B, Patel Budget Inn of Lodi 917 S. Cherokee Lane Lodi, CA 95240 Margaret Kim Comfort Inn — Lodi 118 N. Cherokee Lane Lodi, CA 95240 Quality Inn Patel Kishor 118 N. Cherokee Lane Lodi, CA 95240 Ron Pitamber Lodi EI Rancho Motel 221 Hardinq Blvd. Roseville, CA 95678 Ron Pitamber Lodi EI Rancho Motel 5151 Weston Way Granite Bay, CA 95746-6990 Mailing List Sunil & Shobhana Yadav Modern Motor Lodge 1050 S. Cherokee Lane Lodi, CA 95240 Surendra F. Patel Wine Country Inn 607 S. Cherokee Lane Lodi, CA 95240 Hasmukh M. Bhakta Rancho Grande Motel 807 S. Cherokee Lane Lodi, CA 95240 Ghanshyam A. Patel Traveler's Hotel 112 N. School Street Lodi, CA 95240 Ghanshyam A. Patel Traveler's Hotel 112 N. School Street #8 Lodi, CA 95240 Rakesh & Smita Patel Viking Motel 815 S. Cherokee Lane Lodi, CA 95240 Chetan Patel Royal Host Inn 710 S. Cherokee Lane Lodi, CA 95240 Maurice O. Ray Imperial Hotel 9 W. Oak Street Lodi. CA 95240 Maurice O. Ray Imperial Hotel 7 W. Oak Street Lodi, CA 95240 Jayanti Bhakta Economy Inn 1100 S. Cherokee Lane Lodi, CA 95240 Gunvant M. Bhakta Main Hotel 4 S. Main Street Lodi, CA 95240 Oasis International Trading Oasis Motel 736 S. Cherokee Lane B Lodi, CA 95240 Hampton Inn & Suites Geweke VI I, LP P.O. Box 1420 Lodi, CA 95241 EXHIBIT B Hampton Inn & Suites Geweke VI I, LP P.O. Box 1210 Lodi, CA 95241 Microtel Inn 6428 W. Banner Street Lodi, CA 95242 R X 5 HOSP/DBA Best Western 6411 W. Banner Street Lodi, CA 95242