HomeMy WebLinkAboutAgenda Report - December 3, 1997 (34)UCITY OF LODI1 i 1
AGENDA TITLE: Goverment Code Public Hearing, adoption of resolution making findings
regarding the establishment of the Lodi Business Improvement Area No. 1, and
introduction of an ordinance establishing "Lodi Business Improvement Area
(BIA) No. 1"
MEETING DATE: December 3, 1997
PREPARED BY: Economic Development Coordinator
RECOMMENDED ACTION: That the City Council conduct the Government Code Public Hearing as
called for by California Code §54954.6(a)(2), adopt Resolution Making Findings Regarding the Establishment of the
Lodi Business Improvement Area No. 1, and introduce an Ordinance establishing "Lodi Business Improvement Area
No. 1" (BIA).
BACKGROUND INFORMATION: At a meeting of October 15, 1997, the City Council adopted Resolution No.
97-179 declaring its intention to establish Lodi Business Improvement Area No. 1 and setting public hearing/public
meeting dates for November 5, 1997 and December 3, 1997 to consider the matter. On November 5, 1997, the first
public hearing/public meeting was held during which testimony of all interested persons, for or against the
establishment of the Area, was heard. One protest was received and recorded at the November 5th meeting. At this
meeting, Council also endorsed staff's recommendation that the City's Finance Department assumes the
responsibility for billing of BIA assessments and that the City of Lodi, through its Economic Development Department
budget, provides a matching fund subsidy in an amount not to exceed $40,000 as a means of "kick starting" the BIA
formation and operation.
The purpose of this public hearing is twofold. First of all, the Council will again hear and consider all testimony, for or
against the establishment of the Area. A protest against the Area, or any aspect of it may, again, be made orally or in
writing. If at the conclusion of the public hearing there are of record, written protests by the owners of the businesses
within the Area that will pay fifty percent (50%) or more of the total assessments of the entire Area, no further
proceedings to create the Downtown Lodi Business Improvement Area shall occur. If at the conclusion of the public
hearing there are less than 50% protest, Council will then proceed with introduction of the resolution and Ordinance.
Secondarily, Council is to consider the adoption of Resolution Making Findings Regarding the Establishment of the
Lodi Business Improvement Area No. 1, and introduce the attached Ordinance establishing "Lodi Business
Improvement Area No. 1". The second reading to consider adoption of the Ordinance will occur at the December 17,
1997 Council Meeting.
FUNDING: $40,000 (Community Promotions) --'97-'99 Financial Plan & Budget, (Page -96)
v.ai k �4 ke C>` -1D-,. Respectfully Submitted,
Vicky McAth e, Finance Director
Tony C/Gqdfiring, Econo c Dev. Coordinator
Attachments
APPROVED: — '
H. Dron Flynn -- City Manager
IV
RESOLUTION NO. 97-198
A RESOLUTION OF THE LODI CITY COUNCIL
MAKING FINDINGS REGARDING THE
ESTABLISHMENT OF THE LODI BUSINESS
IMPROVEMENT AREA NO. 1
WHEREAS, on October 15, 1997, the City Council of the City of Lodi, (the
"City"), adopted Resolution No. 97-179 (the 'Resolution"), declaring its intention to
establish a Parking and Business Improvement Area (hereinafter referred to as the
"Area"), to levy a benefit assessment on all businesses, trades, professions, and
vendors within said Area, the proceeds of which shall be used for the public purposes
herein described to benefit the businesses in the Area, pursuant to the Parking and
Business Improvement Area Law of 1989, Part 6 (commencing with §36500) of Division
18 of the California Streets and Highways Code (the "Act'); and,
WHEREAS, pursuant to the Act and the Resolution, City conducted a public
hearing, after having given due notice thereof as required by law, on November 5, 1997,
in City Council Chambers, at Carnegie Forum, 305 West Pine Street, Lodi, California;
and
WHEREAS, said public hearing has been held and the City Council has heard
and considered all oral and written protests and other comments regarding such
proposed actions; and
WHEREAS, protests in writing from businesses in the proposed Area paying
50% or more of the proposed assessment have not been received; and
WHEREAS, this City Council has now determined to establish the proposed
Area as a Parking and Business Improvement Area, to provide for the imposition of a
benefit assessment and to adopt an ordinance to such effect; and
WHEREAS, in the opinion of this City Council, the businesses within the Area will
be benefited by the expenditure of the funds raised by the assessments levied hereby in
the manner prescribed herein; and
WHEREAS, this City Council may, for each of the purposes set forth in §36510 &
§36513 of the Act, establish one or more separate benefit zones based upon the degree
of benefit derived from the formation of the Area, and may impose a tiered assessment
or charge within each of the benefit zones; and
WHEREAS, all provisions of the Act applicable to the establishment,
modification, or disestablishment of an Area shall apply to the establishment,
modification, or disestablishment of benefit zones pursuant to the Act, and the
establishment or the modification of any benefit zone shall follow the same procedure as
provided for under the establishment of a Parking and Business Improvement Area; and
the disestablishment of a benefit zone shall follow the same procedure as provide for
disestablishment of an Area; and
WHEREAS, upon the request of the Area Board of Directors, this City Council
shall commence the proceedings required by law to amend the boundaries,
assessments or charges established pursuant to an Ordinance subject to approval of
the Board of Directors of the Area as expressly provided for herein; said modifications
being made pursuant to the procedural requirements of the Act, but no assessment or
charge shall be modified which would impair the ability of the Area to meet the
obligations of a contract to construct or operate physical improvements in the Area; and
WHEREAS, adjustments may be made in the assessments or charges to
businesses in the Area, or in the uses to which the revenue shall be put, as specified in
an Ordinance and subject to Board approval, provided such changes are made by a
supplemental Ordinance adopted after a hearing before the City Council; and
WHEREAS, for purposes of the assessments or charges to be imposed pursuant
to an Ordinance, this City Council may make a reasonable classification of businesses,
giving consideration to various factors, including general benefit to businesses and the
degree of benefit received from Area programs; and
WHEREAS, the assessments or charges levied on businesses pursuant to an
Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated
benefit to the businesses within the Area.
Dated: December 3, 1997
I hereby certify that Resolution No. 97-198 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 3, 1997 by the following
vote:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
ALICE M. REIMCHE
City Clerk
97-198
ORDINANCE NO. 1654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING TITLE 12 — STREETS, SIDEWALKS AND PUBLIC
PLACES ADDING CHAPTER 12.06 TO THE LODI MUNICIPAL
CODE ESTABLISHING THE DOWNTOWN LODI BUSINESS
IMPROVEMENT AREA.
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NOW THEREFORE the City Council of the City of Lodi does ordain as follows
SECTION 1. Chapter 12.06 is hereby added to the Lodi Municipal Code, to read as follows:
CHAPTER 12.06 DOWNTOWN LODI BUSINESS IMPROVEMENT AREA NO. 1.
1.0 Resolution of Intention, Public Hearing and Findings. The Recitals hereof, which
set forth facts regarding the adoption of Council Resolutions, the conduct of public
hearings and certain findings of the City Council, are true and correct and
incorporated herein by reference.
2.0 Definitions. In order to distinguish between Area businesses and for the purpose
of calculating and applying the amount of benefit fees owed, the following
definitions shall apply:
(a) Retail Businesses: "Retail Businesses" include all businesses not covered
by other definitions set out in this section, at least fifty percent (50%) of
whose gross income is derived from "retail sales" as that term is defined
under the California Sales and Use Tax Law. The fact that a substantial
part of its business consists of sales other than retail sales does not exclude
said business from this classification so long as such other business
component does not account for more than fifty percent (50%) of said
business' gross income;
(b) Restaurants: "Restaurant" businesses include cafes, eating establishments,
sandwich shops, dinner houses, restaurants and fast food services and
other similar businesses;
(c) Lodging: "Lodging" businesses include inns, hotels, motels, RV Parks and
other similar businesses;
(d) Service: "Service" businesses include general office, news and advertising
media, printers, photographers, personal care facilities and outlets, service
stations, repairing and servicing businesses, renting and leasing
businesses, utilities, vending machine businesses, household finance
companies, entertainment businesses, theaters and other similar
businesses not otherwise included in types 1, 2, and 4 hereof definitions a,
b, c, e, or f of this Section;
(e) Professional: "Professional" includes attorneys, architects, accountants,
engineers, surveyors, physicians, dentists, optometrists, chiropractors and
others in a medical/health service field, consultants, real estate brokers,
financial advisors, laboratories (including dental and optical), hearing aid
services, artists and designers.
(f) Financial: Banks, savings & loans, credit unions, etc.
(g) Billing Period: "Billing Period" shall refer to the period beginning January 1
to and including December 31 of any year.
3.0 Establishment of Boundaries. A parking and business improvement Area is hereby
established pursuant to the Parking and Business Improvement Area Law of 1989,
Streets and Highways Code §36500 et seq. (The Act). The boundaries of the Area
and the benefit zones within the Area shall be as set forth on Exhibit "A", attached
hereto and incorporated herein by reference. This Area shall be known as the
"Downtown Lodi Business Improvement Area No. 1" (the "Area").
4.0 Establishment of Area Board of Directors. There shall be a Board of Directors
("Board") of the Area to administer the affairs of the Area. Said Board shall be
composed of no less than 10 nor more than 25 member businesses of the Area.
The initial Board shall be approved by the City Council from a list of business
operators located in the Area that is submitted by the Business Improvement Area
Formation Committee. Within the Board there shall be a President, Vice -President,
Secretary and Treasurer elected by the membership, and such other officers as
deemed necessary by the Board. Such other officers shall be appointed by the
Board of Directors at their discretion. All voting within the Area regarding election
of Board Members and any actions regarding the normal and routine conducting of
Area Business shall be based on one (1) vote per benefit fee dollar, and said voting
business must be current in payment of their Area benefit fee(s) to participate in
such votes.
5.0 Establishment of Benefit Fee. All businesses, trades, and professions located
within the Area boundaries shown on Exhibit "A" shall, commencing January 1,
1998, pay an annual benefit fee in the following amounts:
Lodi Area Annual Benefit Fee
Institutions
6.0 Purpose and Use of Benefit Fees. The types of improvements and activities
proposed to be funded by the benefit fee paid by businesses in the Area are as
follows:
Zone A Zone
B
Retailers and
Restaurants
$ 200. (1-3 emp.)
$ 100.
300. (4-6 emp.)
150.
400. (7 + emp.)
200.
Service
$ 150.
$ 75.
Businesses
Professional
$ 100.
$ 50.
Businesses
Financial
$ 500.
$ 500.
Institutions
6.0 Purpose and Use of Benefit Fees. The types of improvements and activities
proposed to be funded by the benefit fee paid by businesses in the Area are as
follows:
a. Improvements including the acquisition, construction, installation, or
maintenance of any tangible property with an estimated useful life of five
years or more including, but not limited to, the following improvements:
(1)
Benches;
(2
Trash receptacles;
(3)
Decorations;
(4)
Facade improvements;
(5)
Permanent landscaping
b Activities including but not limited to the following:
(1) Promotion of public events which benefit businesses in the area and
which take place on or in public places within the area;
(2) Furnishing of music in any public place in the area;
(3) Activities which benefit businesses located and operating in the
area, including but not limited to downtown shopping and
promotional programs.
7.0 Exclusions From Benefit Fees. No person or business shall be required to pay a
fee based on: (a) a residential use of the property within the Area, or (b) a non-
profit organization as defined by §501 (C) (3) or 501 (C) (6) of the Internal Revenue
Service Code located within the Area.
8.0 New Business Fee Waiver. Any new business established within the Area shall not
be required to pay a fee for the Billing Period during which said business is initiated.
The business will have been considered initiated on the date of issuance of the
business license. This waiver shall not apply to an existing business that has
changed ownership or location within the Area. City agrees to supply the Area
Board with timely information regarding new businesses initiated within the Area.
9.0 Collection of Benefit Fee. The benefit fee authorized by this Ordinance for Lodi
businesses (Section 5.0 hereof), shall be billed and collected once each Billing
Period on January 1. City will bill and collect the fees, at no charge to the Area and
forward all funds collected to the Area within 30 days of said collections. Late
payment penalties shall be applied to businesses that do not provide their
respective fee payments on the dates provided for herein at a rate of 10% per
month. At such time as late payment penalties equate to 50% of the total annual
fee, action shall be taken to recover said delinquent fees. Costs of this recovery
shall be borne by the business owing the fee and late penalties. The Board and
City shall develop collection procedures to implement the provisions of this
paragraph.
10.0 Voluntary Contributions to Area. Contributions to the Area and its Board shall be
permitted on a voluntary basis. The boundary of the Area shall not be modified as
a result of the contribution, nor shall said contributing business be considered a
member of the Area for voting or other purposes. However, said business making
a voluntary contribution may be entitled to participate in the programs of the Area
upon a finding by the Board of Directors that the Area derives a benefit from said
business' participation in the program.
11.0 Annual Budget Process. Pursuant to the Act, it shall be necessary for the Board to
present, by September 1, an annual budget for City Council review and approval
prior to the beginning of any Billing Period. The purpose of this process is to
comply with the Act provisions regarding public notice and hearing prior to
establishing the benefit fees for the following Billing Period. City shall not adopt,
modify or otherwise amend any Billing Period budget of the Area that is inconsistent
in any way with said Billing Period's budget as agreed to and presented by the
Board except in the case of a written majority protest (regarding elimination or
modification of any specific budget item) from business owners which will pay 50%
or more of the fees proposed to be levied as to any specific budget item pursuant to
Streets and Highways Code §36525 (b). In such case the written protest regarding
any specific budget item shall be grounds to eliminate or modify said expenditure
from the Area's proposed budget pursuant to the written protest.
12.0 Decisions Regarding Expenditure of Funds. As provided for within the guidelines of
The Act, decisions of the Board regarding expenditure of all funds generated under
this program shall be final.
13.0 Area Proceeds Do Not Offset City Services. City specifically finds and declares
that the funds derived from the Area shall not be used to offset or diminish current
maintenance, capital improvement programs, including but not limited to, public
property and sidewalk cleaning, street cleaning and maintenance, tree
maintenance, restroom cleaning and maintenance. The City declares its intent to
provide at least the same level and standard of maintenance and repair of public
property within the Area providing City funds are available from year to year.
14.0 Public Parking. The proceeds of the benefit fees established hereunder shall not
be used to acquire and/or construct additional public parking, unless such use of
the funds is first approved by a majority vote of the Area members voting.
15.0 Disestablishment of the Area. Proceeding to disestablish the Area shall be initiated
by the City Council following the presentation of a petition to the City Council signed
by business owners paying 50% or more of the fees levied in the Area.
Proceedings to disestablish the Area shall follow the procedures set forth in Streets
and Highways Code § 36550. The City Council shall disestablish the Area if,
following the public hearing prescribed in §36550 (b), written protests are not
withdrawn so as to reduce the protests below the 50% level. In the event of
disestablishment of the Area, remaining revenues of the Area maintained by the
Board shall be refunded to paying business owners in a pro -rata manner calculated
in the same manner as was used to establish the most recent fees applied in the
Area.
4
Section 2. - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or
given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory
duty of care towards persons or property within the City or outside of the City so as to provide a basis of
civil liability for damages, except as otherwise imposed bylaw.
Section 3. - Severability. If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application. To this end, the
provisions of this ordinance are severable. The City Council hereby declares that it would have adopted
this ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel', a daily
newspaper of general circulation printed and published in the City of Lodi and shall be in force and
take effect thirty days from and after its passage and approval.
Approved this day of , 1997
PHILLIP A. PENNINO
Mayor
Attest:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1654 was
introduced at a regular meeting of the City Council of the City of Lodi held December 3, 1997 and
was thereafter passed, adopted and ordered to print at a regular meeting of said Council held
, 1997 by the following vote:
Ayes:
Council Members -
Noes:
Council Members -
Absent:
Council Members -
Abstain:
Council Members -
further certify that Ordinance No. 1654 was approved and signed by the Mayor on the date of its
passage and the same has been published pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney
srwe� n�a
FLOOR COVERING -DRAPES
Slate /.ii ense No. 346447
COMPLETE FLOOR AND WINDOW CO/1 ?
Linoleums - Tiles - Carnets - Shades - Blinds - Draperies
Nov. 3,
City Clerk, Alice Reimche
City Hall
221 W. Pine St.
Lodi, CA. 95240
Dear Mrs. Reimche, City C_I c7r-k:
F_ Z
1997
RE: City Resolution #97-179 Establishment of BIA
This letter is to document our formal written protest
against the establishment of the Business Improvement Dist.,
also known as BIA.
We understand this will be discussed at the upcoming City
Council meeting on November 5, 1997. Enclosed is a copy
of the letter we have mailed to all five of the City Council-
men on this date for your information.
Please make it known we have filed a written protest as
instructed in City Resolution #97-179. Thank you for your very
kind attention to this issue.
Sincerely,
onnie J{ Riggs � )
Co -Owner
Ronala ifiggs
Co -Owner
15 WEST OAK STREET ! 1.01)1, CAI.IFORNIA 95240 / TELEPHONE 3699527
SINCE 1194477
i-1 irf 'f< Uk STREET / LODI, CA. 95240 / TELEPHONE (209) 369-9527
Sts* License 4 4210"
I?VNP IPI,ETE FLOOR AND WINDOW COVERING
Llnntennt - Tiles - Carpets - %ades - Blinds - Draperies
Councilman Phil Pennino
1502 Keagle Way
Lodi. CA. 95242
Dear Councilman Pennino:
RE: City Resolution 1197-179 Establishment of the AIA
Nov. 3, 1997
1�
According to the above resolution, in order to count in the majority protest against the Area, the protest must be in writing. The resolution
continues to state that if at the conclusion of the public hearings there are of record, written protest by the owners of the businesses within !It
Area that will pay fifty percent (50%) or more of the total assessments of the entire Area, no further proceedings to create the Downtown I
Business Improvement Area shall occur. This letter is written to voice our written protest against the establishment of the AIA.
We are against the establishment of the area for a number of various reasons. Put a few of the reasons are stated below:
Even though this is called an assessment. What ever you want to call it, it is an extra tax to us. We apparently have no choice, if establishr
We have enough tax and restrictions on our business already. We chose to become an small independent business owner for a reason, to hr
"independent".
We don't like the fact that we have to pay the same rate as a business on School Street. If School Street businesses had a higher rate than a •.
we may reconsider the district. But no matter what you tell me, a business on a side street does not benefit as much as a business directly
School Street. Do you know that when we were assessed for the improvements that were made downtown, we paid the same rate as a busi!•.
on School Street, although we did not get new sidewalks or the paving stones on the streets. All we got was a new light and tree, and much
less parking for customers (which we have heard many complaint.-, of). And our business volume has decreased 353116 since construction star!
in March. WOW.
To promote holiday themes does not benefit us at all. The only holiday that gives a customer a reason to buy new flooring is the
Thanksgiving -Christmas holidays. People do not buy new flooring for Mother's Day, Back -To -School, etc. It is too late for our business n i
the downtown promotions are put on for the Thanksgiving -Christmas holidays. The majority of our flooring jobs that are done for these
holidays are booked in October, because most people want their new flooring in by Thanksgiving. They do not want their home to be torn
over the holidays. So the big After Thanksgiving promotions do not benefit us.
i could go on for pages with reasons why we are against this. Rut for your benefit, I will cut it short. And one last thing, the promotion "Slit
Downtown Lodi" is a farce. How many councilmen or the city of Lodi make it a point to shop Downtown Lodi, or even Lodi at all. Thee
don't, and we could see it during the down construction, and who was doing the actual work. This is a real sore subject for us.
Sincerely,
Connie J. Riggs,
Co -Owner
Encl.
cc:Councilmen Land, Mann. Sieglock & Warner
Ronald Riggs,
Co -Owner
in regards to the Resolution of Intention to Establish the Downtown Lodi Business
Improvement Area No. 1, the City Clerk's office did the following:
• Mailed Resolution No. 97-179 (Exhibit A) entitled, "A Resolution of the Lodi City
Council Declaring Its Intention to Establish the Downtown Lodi Business Improvement
Area" to 274 property owners (mailing list attached as Exhibit B) on October 16, 1997;
• Posted Resolution No. 97-179 at the Lodi Public Library, Lodi Police Public Safety
Building and Lodi City Hall Lobby on October 16,1997;
• Advertised Resolution No. 97-179 in the Lodi News Sentinel on October 20, 1997,
October 21, 1997, October 22, 1997, October 23, 1997, October 24, 1997, October
25, 1997 and October 27, 1997.
Appropriate documentation is on file in the City Clerk's office.
**Exhibit C indicates those mailings that were returned
by the Post Office**
RESOLUTION NO. 97-179
A RESOLUTION OF THE LODI CITY COUNCIL
DECLARING ITS INTENTION TO ESTABLISH THE
DOWNTOWN LODI BUSINESS IMPROVEMENT AREA
WHEREAS, the California Streets and Highways Code Section 36500 et sea.,
authorizes cities to establish Parking and Business Improvement Areas for the purpose of
promoting economic revitalization and physical maintenance of business areas in order to
create jobs, attract new business and prevent erosion of the business area; and
WHEREAS, the Downtown Lodi Business Improvement Area Formation Committee
("the Committee") has requested the Lodi City Council to establish such an Improvement
Area.
NOW THEREFORE the City Council of the City of Lodi does hereby resolve,
determine, and find as follows:
The recitals set forth herein are true and correct.
2. The City Council does, at the request of the Committee, and pursuant to the
California Streets and Highways Code, declare its intention to establish the
"Lodi Business Improvement Area No. 1" ("the `Area").
3. The boundaries of the entire area to be included in the Area, and the
boundaries of each separate benefit zone within the Area, are set forth in the
Map, EXHIBIT A, incorporated herein by reference. A true and correct copy
of the map is on file with the City Clerk of the City of Lodi.
4. The types of improvements and activities proposed to be funded by the levy of
assessmerts on busir. ss in t e ,1=z arc in EXHIBIT B heretc and
incorporated by reference.
5. The City Council intends to levy an annual benefit assessment on businesses
in the Area, except where funds are otherwise available, to pay for all
improvements and activities of the Area.
6. All funds of the Area shall be expended on improvements and activities within
the Area.
7. The method and the basis for levying the assessments on all the businesses
within the Area are set forth in the EXHIBIT C hereto, incorporated herein by
reference.
New businesses shall be exempt from assessment until the next billing period
following their establishment occurs.
A public hearing to establish the Area is hereby set for November 5, 1997, at
7:00 p.m. or as soon thereafter as possible before the City Council of the City
of Lodi, at the Carnegie Forum, 305 West Pine Street, Lodi, CA. This public
hearing shall be deemed to be the public meeting called for by California
Government Code §54954.6(a)(1). Additionally, the City Council further
establishes the date of December 3, 1997 as the date for the public hearing
called for by California Government Code §54954.6(a)(2). The hearing is to
be held before the City Council of the City of Lodi at the Carnegie Forum,
305 West Pine Street, Lodi, CA at 7:00 p.m. or as soon thereafter as possible.
10. At the public hearing the testimony of all interested persons, for or against the
establishment of the Area interested in matters concerning the boundaries of
the Area, the areas of benefit within the Area and the assessments to be levied,
will be heard.
11. A protest against the Area, or any aspect of it may be made orally or in
writing. An orat protest shall be made at the said public hearing. To count in
the majority protest against the Area, a protest must be in writing. A writteti
protest may be withdrawn from writing at any time before the conclusion of
the public hearing. Each written protest shall obtain 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
sufficiency of the proceedings shall be in writing and clearly state the
irregularity or defect to which objection is made.
12. If at the conclusion of the public hearing there are of record, written protest by
the owners of the businesses within the Area that will pay fifty percent (50%)
or more of the total assessments of the entire Area, no further proceedings to
create the Downtown Lodi Business Improvement Area shall occur. New
proceedings to form the Area 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 written protest is only as to an
improvement or activity proposed, then that type of improvement or activity
shall not be included in the Area.
13. Further information regarding the proposed Downtown Lodi Improvement
Area may be obtained from the City Clerk of the City of Lodi, at City Hall,
221 West Pine Street or telephone (209) 333-6702.
14. 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, for at least seven (7) days before
the hearing.
b. Mail a complete copy of this Resolution of Intention to each and every
business owner in the Area within seven (7) days of the adoption of
this Resolution by the City Council.
15. This Resolution is effective on its adoption.
Dated: October 15, 1997
I hereby certify that the foregoing to be a true, full and correct copy of Resolution No.
97-179, duly passed and adopted by the Lodi City Council in a regular meeting held October
15, 1997 by the following vote:
AYES: .^..nL-iNcTj . MEMBERS — Land, Mann, Sieglock, Warner and Pertrlirio
(Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
"kev � 60--�
ALICE M. REIMCBE
City Clerk
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PROPOSED BIA BOUNDARIES
3.70
3
NARRATIVE DESCRIPTION OF BIA PROGRAMS
Funds from the BIA will be used to establish but are not limited to the following programs:
A. Image Building:
• "Shop Lodi First" campaign intended to discourage community shoppers from
going to nearby malls and. community areas.
• Periodic institutional campaigns centered around prime shopping times —
Easter, Christmas, etc.
B. Retail Events and Activities:
• Art Fairs
• Street Fairs
Sidewalk Sales
• Back to School Sales
Holiday Festivities
Patriotic Themes
C. Coordinated Marketing Activities:
• Advertising supplements. for local newspapers
Direct mail promotions
D. Streetscape Involvement's
• Trash receptacles
• Flowers and plants at selected locations
Physical cleanup of streets and sidewalks
• High visibility facade improvements
E. Commercial Recruitment and Retention
Work with the City's Economic Development coordinator and the Chamber of
Commerce to actively seek the most suitable business to fill existing vacancies
or vacancies as they occur.
Provide support services to existing businesses needing assistance in order to
remain in the downtown area.
AREA ASSESSMENT FORMULA
The BIA is a self -motivated business program funded by an annual assessment based
on a formula developed by the Committee, made up entirely of downtown business
owners.
The assessment formula is based on type of business and location in order to offer a
fair and equitable charge for each business in the Area. The assessment will be
collected by the City and turned over in total to downtown businesses for use to fund
an annual and year-to-year program of economic stimulation and business
enhancement.
All business owners stand to benefit to a much greater extent than what the annual fee
might be.
• Retail: The buying and reselling of tangible goods.
Restaurant and Bar: Selling prepared foods or drinks.
• Service: Offers intangible services of a non-professional nature.
Lodging is included in this classification.
• Finance: Offers bankin- related services.
B. Proposed Lodi BIA Annual Benefit Fee
Zone A Zone B
Retailers and Restaurants $200.00 (1-3 emp.) $100.00
$300.00 (4-6 emp.) $150.00
$400.00 (7+ emp.) $200.00
Service Businesses
S150.00
$
75.00
Professional Businesses
5100.00
$
50.00
Financial Institutions S500.00 $500.00
r -
MAILING LIST
Page No. 1 ---
Resolution of Intention for Business Improvement—&- ea
10/09/97 (BIA) No. 1
PIN ADDRESS
396
101
N
CHURCH ST
DEJONG INSURANCE
0
101
N
CHURCH ST
BECKREST ADVERTISING
397
109
N
CHURCH ST
BECKMAN
398
ill
N
CHURCH ST
RENAISSANCE HAIR
399
114
N
CHURCH ST
SCHAFFER, SUESS & BOYD
2572
118
N
CHURCH ST
SCHAFFER, SUESS & BOYD
400
122
N
CHURCH ST
SCHAFFER REALTORS
401
125
N
CHURCH ST
LODI NEWS SENTINEL
402
200
N
CHURCH ST
STOCKTON SAVINGS & LOAN
403
223
N
CHURCH ST
PAUL'S SAFE LOCK & KEY
404
223
A
N
CHURCH ST
PAUL'S SAFE LOCK & KEY
405
230
N
CHURCH ST
CAIN ELECTRIC
427
17
S
CHURCH ST
GUILD CLEANERS
428
110
S
CHURCH ST
HOUSE OF CLOCKS
429
112
S
CHURCH ST
LODI BEAUTY SHOPPE
430
220
S
CHURCH ST
HEILIG-MEYERS FURNITURE
2265
229
S
CHURCH ST
BANK OF THE WEST
0
19
DOWNTOWN MALL
VISIBLE CHANGES
0
21
DOWNTOWN MALL
FENILY GALLERY
0
40
DOWNTOWN MALL
CHELSEY_'S
526
5
W
ELM ST
TOKAY QUICK PRINTING
527
7
W
ELM ST
RASHID IMPORTS
531
16
W
ELM ST
YELLOW ROSE ANTIQUES
532
18
W
ELM ST
SHANNON RANCHES INC.
533
20
W
ELM ST
HOOVER CARPET
537
27
W
ELM ST
LEGENDS
541
225
A
W
ELM ST
DONOVAN, JOHN COMPANY
542
225
C
W
ELM ST
DONOVAN, JOHN COMPANY
1088
222
1
W
LOCKEFORD ST
WAHLEN STATE FARM
0
222
10
W
LOCKEFORD
DELLAMONICA, SNYDER ARCH
1089
222
2
W
LOCKEFORD ST
SCOTT D'ASKO, ARCHITECT
1090
222
3
W
LOCKEFORD ST
HESSE.,TIME REALTY
1092
222
5
W
LOCKEFORD ST
TOKAY REALTY
1093
222
6
W
LOCKEFORD ST
DERMAL CLINIC
1095
222
8
W
LOCKEFORD ST
DEGUSA ELECTRONIC
1096
222
9
W
LOCKEFORD ST
PACIFIC FIELD SERVICE
1179
9
W
LOCUST ST
EHLERS HOLDING INC.
1181
10
W
LOCUST ST
BANK OF LODI N.A.
1183
20
W
LOCUST ST
VALLEY PAINTS INC.
1184
21
W
LOCUST ST
PAVTEL HOUSE OF LIGHTS
2292
101
2
W
LOCUST ST
SCHAFFER, SUESS & BOYD
2292
101
3
W
LOCUST ST
S-jITA7FFR, STJF.S,S & 3CYD
0
101
4
W
LOCUST
THE STOCKTON RECORD
Page No. 2
10/09/97
PIN ADDRESS
1269
1
W
LODI AV
THE TUNE UP SHOP
1270
4
W
LODI AV
DANGIER FURNITURE
1271
16
W
LODI AV
LONG JOHN SILVERS
1272
21
W
LODI AV
PIZZA HUT
2665
22
W
LODI AV
COMIC GRAPEVINE
2666
24
W
LODI AV
THE BOOK GARDEN
1273
26
W
LODI AV
RYDEL VACUUM INC
1274
100
W
LODI AV,
LONGS DRUGS
1275
120
W
LODI AV
WELLS FARGO BANK
1277
200
W
LODI AV
MCDONALD'S HAMBURGERS
1278
201
A.
W
LODI AV
HONEY TREAT YOGURT SHOP
1279
203
W
LODI AV
LODI VIDEO CORP.
1280
205
W
LODI AV
LODI VIDEO CORP.
1281
207
W
LODI AV
CHECK N GO
1286
221
W
LODI AV
PINE AUTO SUPPLY
1518
_ _ 3
W
OAK ST
CALIFORNIA STYLES
1519
6
W
OAK ST
KNUDERT & BAUER APPLIANC
1520
7
W
OAK ST
REO'S APPLIANCE
1522
10
W
OAK ST
TAQUERIA JACISCO
0-
10
B
W
OAK
FOTO FACTORY
1524._
12
W
OAK ST
__. RAILROAD JUNCTION
1525
15
W
OAK ST
GIENGER'S FLOORS
1528
110
W
OAK ST
LIVING WAY BOOK STORE
1529
118
A
W
OAK ST
ROSA LAW OFFICE
2309
207
W
OAK ST.
RUSSELS HAIR SALOON
0
207
W
OAK ST
SKIN SENSE
2623
215
1
W
OAK ST
VACANT
1535
215
2
W
OAK ST
CERTIFIED LOSS CONTROL
1536
215
3
W
OAK ST
CINDI'S BOOKKEEPING
1537
215
4
W-
OAK ST
UNEKA NAILS & FACIALS
2607
215
5
W
OAK ST
FARMERS INSURANCE
1997
215
6
W
OAK ST
DAVID P. WARNER, ATTORNE
0
215
W
OAK ST
F & I TAX SERVICE
1538
221
A
W
OAK ST
BAKER-PEARSON
1539
221
B
W
OAK ST
AMERICAN INV SERVICE
1540
221
C
W
OAK ST
FAMILY OF EAGLES
0
221
W
OAK ST
TIM BERTSCH INSURANCE
1541
225
W
OAK ST
OFFICE OF LINDA LOFTHUS
1630
1
W
PINE ST
PAK-INDIA
1631
2
W
PINE ST
GRAFFIGNIA FRUIT CO.
1632
3
W
PINE ST
STUDIO SUNWEST
1636
6
W
PINE ST
SIEGFRIED'S
1637
7
W
PINE ST
FASHION BEAUTY SALON
2836
10
W
PINE ST
H & R BLOCK
1641
11
W
PINE ST
LINCOLN SHOE REPAIR
16.52
12
TK
PINE ST
PACIFIC .GAS & ELECTRIC
1653
13
W
PINE ST
ALICIAS ANTIQUES
1644
14
W
PINE ST
INTIMATES
Page No. 3
10/09/97
PIN
ADDRESS
1646
15
W
PINE ST
ABRAHAMSON'S PRINTING
1647
16
W
PINE ST
PINE ST. BARE FURNITURE
1648
17
W
PINE ST
FRANK'S BUSINESS MACHINE
1649
18
W-
PINE ST
FRAMES & FINE THINGS
0
21
W
PINE
SISONS KARATE
1651
100
W
PINE ST
SQUIRE'S CLOTHIER
2711
103
W
PINE ST
SECOND THOUGHT
1652
105
W
PINE ST
GERTIES PLACE
1654
108
W
PINE ST
LODI TAILOR SHOP
1656
111
W
PINE ST
F & M EXECUTIVE OFFICES
1657
112
W
PINE ST
PERSONAL TOUCH
1658
114
W
PINE ST
CAPRI PIZZA
1660
121
W
PINE ST
FARMERS & MERCHANTS BANK
1661
121
205
W
PINE ST
PROFESSIONAL CORP. ATTYS
1664
218
W
PINE ST
GERARD & GERARD
1665
220
W
PINE ST
FIRESIDE THRIFT CO
1667
222
W
PINE ST
PHOTO INSTANT PRINT
1668
224
W
PINE ST
KEN SATO STUDIO
1669
_ 226
W
PINE ST
SOMERSAULTS
1670
226
W
PINE ST
PUFF -N -STUFF
249m'
116
N
PLEASANT AV
KIM LrR►RKAMP CPA
0._.
125
N
PLEASANT
STEVEN CUTIRELL OFFICE
24S1
238
S
PLEASANT AV
PINE AUTO WAREHOUSE
1755
29
N
SACRAMENTO
ST
ROY'S CLUB
1755
31
N
SACRAMENTO
ST
ROY'S CLUB
2343
35
N
SACRAMENTO
ST
MUSIC, GAMES OUTLET
1758
41
N
SACRAMENTO
ST
JAKE & CLAY'S BARBER SHO
1759
43
N
SACRAMENTO
ST
SINALOA CAFE
2362
45
A
N
SACRAMENTO
ST
POOL HALL
1761
47
N
SACRAMENTO
ST
HASSAN'S WAREHOUSE
1762
100
N
SACRAMENTO
ST
JOE HASSAN CLOTHING
1763
101
N
SACRAMENTO
ST
PAYLESS MARKET
1764
107
N
SACRAMENTO
ST
DELICIAS RESTURANT
1765
108
N
SACRAMENTO
ST
GRAFFIGNA'S BROTHERS
2714
110
N
SACRAMENTO
ST
NAPA AUTO PARTS
1768
114
N
SACRAMENTO
ST
LODI SPORTS CLUB
1769
116
N
SACRAMENTO
ST
RAINBOW CLUB
1770
117
N
SACRAMENTO
ST
EL GRUELENSE CAFE
1771
118
N
SACRAMENTO
ST
EL TROPICAL CLUB
1772
119
N
SACRAMENTO
ST
GUADALAJARA CAFE
1773
119
1/2
N
SACRAMENTO
ST
GUADALAJARA ROOMS
1775
124
N
SACRAMENTO
ST
ALAMO RADIATOR
1776
125
N
SACRAMENTO
ST
MAZATLAN CAFE
1777
127
N
SACRAMENTO
ST
MAZATLAN CAFE
1778
130
N
SACRAMENTO
ST
GUNDERSHAUG ELECTRIC
1779
200
N
SACRAMENTO
ST
SAK'S TV
3 780
201
N
SACRAM;:NTO
ST
GERIG' S IMPORT ATTTO SERV
2715
204
N
SACRAMENTO
ST
SAK'S TV & APPLIANCE
178'=
214
N
SACRAMENTO
ST
WRIGHTS MOTORS
Page No. 4
10/09/97
PIN
ADDRESS
1785
217
N
SACRAMENTO
ST
EHLERS AUTO SERVICE
1826
7
S
SACRAMENTO
ST
PLAYBOY CLUB
2819
9
S
SACRAMENTO
ST
ADULT PLEASURE WORLD
1827
11
S
SACRAMENTO
ST
VACANT
1831
21
S
SACRAMENTO
ST
HENDERSON BROS. HARDWARE
1832
27
S
SACRAMENTO
ST
RASHID IMPORTS
1834
41
S
SACRAMENTO
ST
MOORE'S KARATE
1835
100
S
SACRAMENTO
ST
GIANT DISCOUNT TIRE
1836
101
S
SACRAMENTO
ST
MORRIS AUTO SUPPLY
2344
210
S
SACRAMENTO
ST
JIM'S CUSTOM MACHINE
1838
216
S
SACRAMENTO
ST
PERALES AUTOMOTIVE
1839
217
S
SACRAMENTO
ST
HENDERSON SHEET METAL
3013
218
S
SACRAMENTO
ST
FRANK'S AUTO FACTORY
2863
221
S
SACRAMENTO
ST
BLEWETT DAIRY
1840
221
A
S
SACRAMENTO
ST
OGRENS
1841
221
B
S
SACRAMENTO
ST
SANDOVAL SALSA
0 _
_ 4
N
SCHOOL
CORY BUILDING
1878
5
N
SCHOOL ST
CHRISTENSEN'S FASHIONS
1880
6
N
SCHOOL ST
SONSHINE NUTRITION
2452
8
N
SCHOOL ST
FARMERS & MERCHANTS BANK
1881
9
N
SCHOOL ST
BORELLI JEWELLS
1882-.--. •
10
N
SCHOOL ST
BITTERMAN' S 'JEWERLY
1983
11
N
SCHOOL ST
11 NORTH - APPAREL
1884
12
N
SCHOOL ST
TUXEDOS OF LODI
1886
13
N
SCHOOL ST
T.J.'S SALOON
1887
14
N
SCHOOL -ST
MICKEY'S ANTIQUES
1888
16
N
SCHOOL ST
THE CLOTHES CLOSET
1890
20
N
SCHOOL ST
TEALBROOK GALLERY
1891
21
N
SCHOOL ST
LODI OFFICE PRODUCTS
1892
22
N
SCHOOL ST
OLLIE`S TAVERN
0
24
A
N
SCHOOL
SHARED NETWORK SERVICES
1895
25
N
SCHOOL ST
LAW OFFICES - ADAMS
1896
26
N
SCHOOL ST
ANGELOS
1897
28
N
SCHOOL ST
ANGELO'S
1898
102
N
SCHOOL ST
LEGENDS
0
104
100
N
SCHOOL ST
US SAFETY PRODUCTS
0
104
202
N
SCHOOL ST
ANITA'S TAX SERVICE
0
104
203
N
SCHOOL ST
TUCKER FINANCIAL MANGMT
0
104
204
N
SCHOOL ST
JAMES GRAVE ATTORNEY
0
104
206
N
SCHOOL ST
TURBETTI MUSIC STUDIO
0
104
209
N
SCHOOL ST
JOHN PYLE ATTORNEY
0
104
212
N
SCHOOL ST
JOEL FAX
0
104
213
N
SCHOOL ST
MOUNTAIN VALLEY
0
104
214
N
SCHOOL
DRY CREEK REALTY
0
104
214
N
SCHOOL ST
FUBERAL IN BERLIN
0
104
215
N
SCHOOL ST
TRAVIS -PATENT LAWYER
0
104
306
N
SCHOOL ST
NALC BP1452
0
104
307
N
SCHOOL ST
STEVE WORLEY
0
104
309
N
SC'HOCL ST
BENIFICIAL MASSAGE
0
104
310
N
SCHOOL ST
HEALTH TOUCH
0
104
313
N
SCHOOL ST
SUPERIOR MORTGAGE
Page No. 5
10/09/97
PIN
ADDRESS
0
104
314
N
SCHOOL
ST
DJ HENRY
0
104
315
N
SCHOOL
ST
VINYL JUNKEEZ
2313
106
N
SCHOOL
ST
EMPRESA BAILON
1905
108
N-
SCHOOL
ST
TOM'S USED BOOKS
1906
110
N
SCHOOL
ST
LASTING IMPRESSIONS
1909
114
N
SCHOOL
ST
CYBER -TEC
1910
115
1
N
SCHOOL
ST
KURT H. SIEBERT OFFICE
1911
115
2
N
SCHOOL
ST
NOR CAL
1912
115
3
N
SCHOOL
ST
RINN & ELLIOTT
1914
115
4
N
SCHOOL
ST
CHRISSY'S TOTAL IMAGE
1913
115
5
N
SCHOOL
ST
CHRISSY'S TOTAL IMAGE
1915
116
A.
N
SCHOOL
ST
LAVERNE'S COFFEE SHOP
1917
120
N
SCHOOL
ST
MIZ M'S
1918
123
N
SCHOOL
ST
GIERHART & WELLS FUNERAL
2820
124
N
SCHOOL
ST
SAKS WAREHOUSE
1919
130
N
SCHOOL
ST
VALLEY PAINTS
1921
210
N
SCHOOL
ST
PERRY, KENNETH
1922
216
N
SCHOOL
ST
SILVER BULLET ENTERPRISE
1935 _
_ 5
S
SCHOOL
ST
SUN AMERICAN SECURITIES
1936
5
1/2
S
SCHOOL
ST
LODI BARBER SHOP
2719
6
S
SCHOOL
ST
THORNTON HOUSE
2720
6
A
S
SCHOOL
ST
PATRICIA'S
1938
9
S
SCROOL
ST
THE DAISY SHOP
1939..-_
10
S
SCHOOL
ST
THORNTON HOUSE
2722
11
S
SCHOOL
ST
L & L TRAVEL
1940
13
S
SCHOOL
ST
GARRY'S LOUNGE
1941
14
S
SCHOOL
ST
HELMSMAN PRNTG & GRAPHIC
1942
14
A
S
SCHOOL
-ST
BENEFICIAL FINANCE
1943
15
S
SCHOOL
ST
CARLOTTAS
1944
17
S
SCHOOL
ST
PRET
1945
20
S
SCHOOL
ST
ELIZABETH OF CALIF., THE
1946
22
S
SCHOOL
ST
IMAGE HAIR STUDIO
1948
31
S
SCHOOL
ST
BANK OF AMERICA
2723
35
S
SCHOOL
ST
LODI CHAMBER OF COMMERCE
2933
101
S
SCHOOL
ST
CAPITAL THRIFT
1955
121
B
S
SCHOOL
ST
KING TSIN RESTAURANT
1957
125
S
SCHOOL
ST
SYNOWICKI'S JEWEL BOX
1959
203
S
SCHOOL
ST
COTTAGE BAKERY
1960
208
S
SCHOOL
ST
POSER'S TV
1961
210
S
SCHOOL
ST
JDW DESIGNS INC
1962
212
S
SCHOOL
ST
EL PAJARO
1963
213
S
SCHOOL
ST
COTTAGE BAKERY
1964
215
S
SCHOOL
ST
ROCHA'S MORTUARY
1965
216
S
SCHOOL
ST
SECURITY LOCK AND KEY
1966
218
S
SCHOOL
ST
KIDCO
1967
220
S
SCHOOL
ST
DANZ JEWELERS
1968
222
S
SCHOOL
ST
CUTTING EDGE
1969
226
S
SCHOOL
ST
BURTON'S SHOES
1970
230
S
SCHOOL
ST
FYFFE'S AUTO REPAIR
1971
233
S
SCHOOL
ST
LYON'S RESTAURANT
2201
105
W
WALNUT
ST
LARRY'S COINS
Page No. 6
10/09/9%
PIN
ADDRESS
2204
115
1
W
WALNUT
ST
SHAKLEE PRODUCTS
2205
115
2
W
WALNUT
ST
LEN -ELL ENTERPRISES
2206
115
4
W
WALNUT
ST
CREATIVE SERVICES
2207
120
W
WALNUT
ST
BANK OF STOCKTON
P.O.
Box 343,
Acampo, CA 95220
HAZEL'S RESTAURANT
Added to List:
Current Business Owner
Neil Motors
2 Nest Lockeford Street
Lodi, CA 95240
Current Business Owner
First National Bank of Marin
200 S. School Street
Lodi, CA 95240
CITY OF LODI
CITY HALL, 221 W. PINE 3T.
R O. BOX 3006
LODI, CALIFORNIA 95241-1910
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RESOLUTION NO. 97-198
A RESOLUTION OF THE LODI CITY COUNCIL
MAKING FINDINGS REGARDING THE
ESTABLISHMENT OF THE LODI BUSINESS
IMPROVEMENT AREA NO. 1
WHEREAS, on October 15, 1997, the City Council of the City of Lodi, (the
"City"), adopted Resolution No. 97-179 (the 'Resolution"), declaring its intention to
establish a Parking and Business Improvement Area (hereinafter referred to as the
"Area"), to levy a benefit assessment on all businesses, trades, professions, and
vendors within said Area, the proceeds of which shall be used for the public purposes
herein described to benefit the businesses in the Area, pursuant to the Parking and
Business Improvement Area Law of 1989, Part 6 (commencing with §36500) of Division
18 of the California Streets and Highways Code (the "Act"); and,
WHEREAS, pursuant to the Act and the Resolution, City conducted a public
hearing, after having given due notice thereof as required by law, on November 5, 1997,
in City Council Chambers, at Carnegie Forum, 305 West Pine Street, Lodi, California;
and
WHEREAS, said public hearing has been held and the City Council has heard
and considered all oral and written protests and other comments regarding such
proposed actions; and
WHEREAS, protests in writing from businesses in the proposed Area paying
50% or more of the proposed assessment have not been received; and
WHEREAS, this City Council has now determined to establish the proposed
Area as a Parking and Business Improvement Area, to provide for the imposition of a
benefit assessment and to adopt an ordinance to such effect; and
WHEREAS, in the opinion of this City Council, the businesses within the Area will
be benefited by the expenditure of the funds raised by the assessments levied hereby in
the manner prescribed herein; and
WHEREAS, this City Council may, for each of the purposes set forth in §36510 &
§36513 of the Act, establish one or more separate benefit zones based upon the degree
of benefit derived from the formation of the Area, and may impose a tiered assessment
or charge within each of the benefit zones; and
WHEREAS, all provisions of the Act applicable to the establishment,
modification, or disestablishment of an Area shall apply to the establishment,
modification, or disestablishment of benefit zones pursuant to the Act, and the
establishment or the modification of any benefit zone shall follow the same procedure as
provided for under the establishment of a Parking and Business Improvement Area; and
the disestablishment of a benefit zone shall follow the same procedure as provide for
disestablishment of an Area; and
WHEREAS, upon the request of the Area Board of Directors, this City Council
shall commence the proceedings required by law to amend the boundaries,
assessments or charges established pursuant to an Ordinance subject to approval of
the Board of Directors of the Area as expressly provided for herein; said modifications
being made pursuant to the procedural requirements of the Act, but no assessment or
charge shall be modified which would impair the ability of the Area to meet the
obligations of a contract to construct or operate physical improvements in the Area; and
WHEREAS, adjustments may be made in the assessments or charges to
businesses in the Area, or in the uses to which the revenue shall be put, as specified in
an Ordinance and subject to Board approval, provided such changes are made by a
supplemental Ordinance adopted after a hearing before the City Council; and
WHEREAS, for purposes of the assessments or charges to be imposed pursuant
to an Ordinance, this City Council may make a reasonable classification of businesses,
giving consideration to various factors, including general benefit to businesses and the
degree of benefit received from Area programs; and
WHEREAS, the assessments or charges levied on businesses pursuant to an
Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated
benefit to the businesses within the Area.
Dated: December 3, 1997
I hereby certify that Resolution No. 97-198 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 3, 1997 by the following
vote:
AYES: Council Members — Land, Mann, Sieglock, Warner and Pennino
(Mayor)
NOES: Council Members - None
ABSENT: Council Members - None
ABSTAIN: Council Members - None
a") `h'' &J
ALICE M. REIMCHE
City Clerk
97-198
OQ< FOa�`P916� 1 - U 4
Resolution No 97-179 entitled. "A Resolution of the Lodi City Council
Declaring its Intention to Establish the Downtown Lodi Business
Improvement Area
On Thursday, October 16, 1997, in the City of Lodi, San Joaquin County, California,
deposited in the United States mail, envelopes with first-class postage prepaid thereon,
containing a copy of the Notice attached hereto, 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 October 16, 1997, at Lodi, California.
ORDERED BY:
ALICE M. REIMCHE
CITY CLERK
Jacqueline L. Taylor
Deputy City Clerk
AA 11A I
`�Q 1titi�
Jennr M. Perrin
Deputy City Clerk
Susan Seward -Lake
Administrative Clerk
decmaiidotms
wV� ii�- I �-
RESOLUTION NO. 97-179
A RESOLUTION OF THE LODI CITY COUNCIL
DECLARING ITS INTENTION TO ESTABLISH THE
DOWNTOWN LODI BUSINESS IMPROVEMENT AREA
WHEREAS, the California Streets and Highways Code Section 36500 et seq.,
authorizes cities to establish Parking and Business Improvement Areas for the purpose of
promoting economic revitalization and physical maintenance of business areas in order to
create jobs, attract new business and prevent erosion of the business area; and
WHEREAS, the Downtown Lodi Business Improvement Area Formation Committee
("the Committee") has requested the Lodi City Council to establish such an Improvement
Area.
NOW THEREFORE the City Council of the City of Lodi does hereby resolve,
determine, and find as follows:
1. The recitals set forth herein are true and correct.
2. The City Council does, at the request of the Committee, and pursuant to the
California Streets and Highways Code, declare its intention to establish the
"Lodi Business Improvement Area No. 1" ("the "Area").
3. The boundaries of the entire area to be included in the Area, and the
boundaries of each separate benefit zone within the Area, are set forth in the
Map, EXHIBIT A, incorporated herein by reference. A true and correct copy
of the map is on file with the City Clerk of the City of Lodi.
4. The types of improvements and activities proposed to be funded by the levy of
assessments on business in the Area are in EXHIBIT B hereto and
incorporated by reference.
5. The City Council intends to levy an annual benefit assessment on businesses
in the Area, except where funds are otherwise available, to pay for all
improvements and activities of the Area.
6. All funds of the Area shall be expended on improvements and activities within
the Area.
The method and the basis for levying the assessments on all the businesses
within the Area are set forth in the EXHIBIT C hereto, incorporated herein by
reference.
New businesses shall be exempt from assessment until the next billing period
following their establishment occurs.
9. A public hearing to establish the Area is hereby set for November 5, 1997, at
7:00 p.m. or as soon thereafter as possible before the City Council of the City
of Lodi, at the Carnegie Forum, 305 West Pine Street, Lodi, CA. This public
hearing shall be deemed to be the public meeting called for by California
Government Code §54954.6(a)(1). Additionally, the City Council further
establishes the date of December 3, 1997 as the date for the public hearing
called for by California Government Code §54954.6(a)(2). The hearing is to
be held before the City Council of the City of Lodi at the Carnegie Forum,
305 West Pine Street, Lodi, CA at 7:00 p.m. or as soon thereafter as possible.
10. At the public hearing the testimony of all interested persons, for or against the
establishment of the Area interested in matters concerning the boundaries of
the Area, the areas of benefit within the Area and the assessments to be levied,
will be heard.
11. A protest against the Area, or any aspect of it may be made orally or in
writing. An oral protest shall be made at the said public hearing. To count in
the majority protest against the Area, 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 obtain 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
sufficiency of the proceedings shall be in writing and clearly state the
irregularity or defect to which objection is made.
12. If at the conclusion of the public hearing there are of record, written protest by
the owners of the businesses within the Area that will pay fifty percent (50%)
or more of the total assessments of the entire Area, no further proceedings to
create the Downtown Lodi Business Improvement Area shall occur. New
proceedings to form the Area 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 written protest is only as to an
improvement or activity proposed, then that type of improvement or activity
shall not be included in the Area.
13. Further information regarding the proposed Downtown Lodi Improvement
Area may be obtained from the City Clerk of the City of Lodi, at City Hall,
221 West Pine Street or telephone (209) 333-6702.
14. 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, for at least seven (7) days before
the hearing.
b. Mail a complete copy of this Resolution of Intention to each and every
business owner in the Area within seven (7) days of the adoption of
this Resolution by the City Council.
15. This Resolution is effective on its adoption.
Dated: October 15, 1997
- I hereby certify that the foregoing to be a true, full and correct copy of Resolution No.
97-179, duly passed and adopted by the Lodi City Council in a regular meeting held October
15, 1997 by the following vote:
AYES: COUNCIL MEMBERS — Land, Mann, Sieglock, Warner and Pennino
(Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
&�V )�- #'�
ALICE M. REIMCHE
City Clerk
97-179
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PROPOSED BIA BOUNDARIES
12
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EXHIBIT B
NARRATIVE DESCRIPTION OF BIA PROGRAMS
Funds from the BIA will be used to establish but are not limited to the following programs:
A. Image Buildinta:
"Shop Lodi First" campaign intended to discourage community shoppers from
going to nearby malls and community areas.
Periodic institutional campaigns centered around prime shopping times —
Easter, Christmas, etc.
B. Retail Events and Activities:
Art Fairs
Street Fairs
• Sidewalk Sales
Back to School Sales
• Holiday Festivities
• Patriotic Themes
C. Coordinated Marketing Activities:
• Advertising supplements for local newspapers
• Direct mail promotions
D. Streetscape Involvement's
• Trash receptacles
Flowers and plants at selected locations
Physical cleanup of streets and sidewalks
• High visibility facade improvements
E. Commercial Recruitment and Retention
• Work with the City's Development coordinator and the Chamber of
Commerce to actively seek the most suitable business to fill existing vacancies
or vacancies as they occur.
Provide support services to existing businesses needing assistance in order to
remain in the downtown area.
EXHIBIT C
AREA ASSESSMENT FORMULA
The BIA is a self -motivated business program funded by an annual assessment based
on a formula developed by the Committee, made up entirely of downtown business
owners.
The assessment formula is based on type of business and location in order to offer a
fair and equitable charge for each business in the Area. The assessment will be
collected by the City and turned over in total to downtown businesses for use to fund
an annual and year-to-year program of economic stimulation and business
enhancement.
All business owners stand to benefit to a much greater extent than what the annual fee
might be.
A. Business Type Definitions:
• Retail: The buying and reselling of tangible goods.
Restaurant and Bar: Selling prepared foods or drinks.
Lodging: Businesses include inns, hotels, motels, RV Parks and other
similar businesses.
Service: Offers intangible services of a non-professional nature.
Finance: Offers banking -related services.
B. Proposed Lodi BIA Annual Benefit Fee
Zone A Zone B
Retailers and Restaurants $200.00 (1-3 emp.) $100.00
$300.00 (4-6 emp.) $150.00
$400.00 (7+ emp.) $200.00
Service Businesses $150.00 $ 75.00
Professional Businesses $100.00 $ 50.00
Financial Institutions $500.00 $500.00
MAILING LIST
Page No. 1 Resolution of Intention for Business Improvement Area
10/09/97 (BIA) No. 1
PIN ADDRESS
396
101
N
CHURCH ST
DEJONG INSURANCE
0
101
N_
CHURCH ST
BECKREST ADVERTISING
397
109
N
CHURCH ST
BECKMAN
398
111
N
CHURCH ST
RENAISSANCE HAIR
399
114
N
CHURCH ST
SCHAFFER, SUESS & BOYD
2572
118
N
CHURCH ST
SCHAFFER, SUESS & BOYD
400
122
N
CHURCH ST
SCHAFFER REALTORS
401
125
N
CHURCH ST
LODI NEWS SENTINEL
402
200
N
CHURCH ST
STOCKTON SAVINGS & LOAN
403
223
N
CHURCH ST
PAUL'S SAFE LOCK & KEY
404
223
A
N
CHURCH ST
PAUL'S SAFE LOCK & KEY
405
230
N
CHURCH ST
CAIN ELECTRIC
427
17
S
CHURCH ST
GUILD CLEANERS
428
110
S
CHURCH ST
HOUSE OF CLOCKS
429
112
S
CHURCH ST
LODI BEAUTY SHOPPE
430
220
S
CHURCH ST
HEILIG-MEYERS FURNITURE
2265
229
S
CHURCH ST
BANK OF THE WEST
0
19
DOWNTOWN MALL
VISIBLE CHANGES
0
21
DOWNTOWN MALL
FENILY GALLERY
0
40
DOWNTOWN '441-T,
CHELSEY' S
526
5
W
ELM ST
TOKAY QUICK PRINTING
527
7
W
ELM ST
RASHID IMPORTS
531
16
W
ELM ST
YELLOW ROSE ANTIQUES
532
18
W
ELM ST
SHANNON RANCHES INC.
533
20
W
ELM ST
HOOVER CARPET
537
27
W
ELM ST
LEGENDS
541
225
A
W
ELM ST
DONOVAN, JOHN COMPANY
542
225
C
W
ELM ST
DONOVAN, JOHN COMPANY
1088
222
1
W
LOCKEFORD
ST
WAHLEN STATE FARM
0
222
10
W
LOCKEFORD
DELLAMONICA, SNYDER ARCH
1089
222
2
W
LOCKEFORD
ST
:SCOTT DASKO, ARCHITECT
1090
222
3
W
LOCKEFORD
ST
HESSELTIME REALTY
1092
222
5
W
LOCKEFORD
ST
TOKAY REALTY
1093
222
6
W
LOCKEFORD
ST
DERMAL CLINIC
1095
222
8
W
LOCKEFORD
ST
DEGUSA ELECTRONIC
1096
222
9
W
LOCKEFORD
ST
PACIFIC FIELD SERVICE
1179
9
W
LOCUST ST
EHLERS HOLDING INC.
1181
10
W
LOCUST ST
BANK OF LODI N.A.
1183
20
W
LOCUST ST
VALLEY PAINTS INC.
1184
21
W
LOCUST ST
PANTEL HOUSE OF LIGHTS
2292
101
2
W
LOCUST ST
SCHAFFER, SUESS & BOYD
2293
101
3
W
LOCUST ST
SCH2T-FFBR, SUESS & BOYD
0
101
4
W
LOCUST
THE STOCKTON RECORD
Page No. 2
10/09/97
PIN ADDRESS
1269
1
W
LODI AV
THE TUNE UP SHOP
1270
4
W
LODI AV
DANGIER FURNITURE
1271
16
W
LODI AV
LONG JOHN SILVERS
1272
21
W
LODI AV
PIZZA HUT
2665
22
W
LODI AV
COMIC GRAPEVINE
2666
24
W
LODI AV
THE BOOK GARDEN
1273
26
W
LODI AV
RYDEL VACUUM INC
1274
100
W
LODI AV
LONGS DRUGS
1275
120
W
LODI AV
WELLS FARGO BANK
1277
200
W
LODI AV
MCDONALD'S HAMBURGERS
1278
201
A
W
LODI AV
HONEY TREAT YOGURT SHOP
1279
203
W
LODI AV
LODI VIDEO CORP_
1280
205
W
LODI AV
LODI VIDEO CORP.
1281
207
W
LODI AV
CHECK N GO
1286
221
W
LODI AV
PINE AUTO SUPPLY
1518
_ 3
W
OAK ST
CALIFORNIA STYLES
1519
6
W
OAK ST
KNUDERT & BAUER APPLIANC
1520
7
W
OAK ST
RED'S APPLIANCE
1522
10
W
OAK ST
TAQUERIA JACISCO
0
10
B
W
OAK
FOTO FACTORY
1524
12
W
OAK ST
RAILROAD JUNCTION
1525
15
W
OAK ST
GIENGER'S FLOORS
1528
110
W
OAK ST
LIVING WAY BOOK STORE
1529
118
A
W
OAK ST
ROSA LAW OFFICE
2309
207
W
OAK ST
RUSSELS HAIR SALOON
0
207
W
OAK ST
SKIN SENSE
2623
215
1
W
OAK ST
VACANT
1535
215
2
W
OAK ST
CERTIFIED LOSS CONTROL
1536
215
3
W
OAK ST
CINDI'S BOOKKEEPING
1537
215
4
W
OAK ST
UNEKA NAILS & FACIALS
2607
215
5
W
OAK ST
FARMERS INSURANCE
1997
215
6
W
OAK ST
DAVID P. WARNER, ATTORNE
0
215
W
OAK ST
F & I TAX SERVICE
1538
221
A
W
OAK ST
BAKER-PEARSON
1539
221
B
W
OAK ST
AMERICAN .'NV SERVICE
1540
221
C
W
OAK ST
FAMILY OF EAGLES
0
221
W
OAK ST
TIM BERTSCH INSURANCE
1541
225
W
OAK ST
OFFICE OF LINDA LOFTHUS
1630
1
W
PINE ST
PAK-INDIA
1631
2
W
PINE ST
GRAFFIGNIA FRUIT CO.
1632
3
W
PINE ST
STUDIO SUNWEST
1636
6
W
PINE ST
SIEGFRIED'S
1637
7
W
PINE ST
FASHION BEAUTY SALON
2836
10
W
PINE ST
H & R BLOCK
1641
11
W
PINE ST
LINCOLN SHOE REPAIR
1642
12
W
PINE ST
PACIFIC GAS & ELECTRIC
1643
13
W
PINE ST
ALICIAS ANTIQUES
1644
14
W
PINE ST
INTIMATES
Page No. 3
10/09/97
PIN
ADDRESS
1646
15
W
PINE ST
ABRAHAMSON'S PRINTING
1647
16
W
PINE ST
PINE ST. BARE FURNITURE
1648
17
W
PINE ST
FRANK'S BUSINESS MACHINE
1649
18
W
PINE ST
FRAMES & FINE THINGS
0
21
W
PINE
SISONS KARATE
1651
100
W
PINE ST
SQUIRE'S CLOTHIER
2711
103
W
PINE ST
SECOND THOUGHT
1652
105
W
PINE ST
GERTIES PLACE
1654
108
W
PINE ST
LODI TAILOR SHOP
1656
Ill
W
PINE ST
F & M EXECUTIVE OFFICES
1657
112
W
PINE ST
PERSONAL TOUCH
1658
114
W
PINE ST
CAPRI PIZZA
1660
121
W
PINE ST
FARMERS & MERCHANTS BANK
1661
121
205
W
PINE ST
PROFESSIONAL CORP. ATTYS
1664
218
W
PINE ST
GERARD & GERARD
1665
220
W
PINE ST
FIRESIDE THRIFT CO
1667
222
W
PINE ST
PHOTO INSTANT PRINT
1668
224
W
PINE ST
KEN SATO STUDIO
1669
_ 226
W
PINE ST
SOMERSAULTS
1670
228
W
PINE ST
PUFF -N -STUFF
249ti
116
N
PLEASANT AV
%CTM VEERKAMP CPA
0
125
N
PLEASANT
STEVEN CUTiRELL OFFICE
2451
238
S
PLEASANT AV
PINE AUTO WAREHOUSE
1755
29
N
SACRAMENTO
ST
ROY'S CLUB
1756
31
N
SACRAMENTO
ST
ROY'S CLUB
2343
35
N
SACRAMENTO
ST
MUSIC, GAMES OUTLET
1758
41
N
SACRAMENTO
ST
JAKE & CLAY'S BARBER SHO
1759
43
N
SACRAMENTO
ST
SINALOA CAFE
2362
45
A
N
SACRAMENTO
ST
POOL HALL
1761
47
N
SACRAMENTO
ST
HASSAN'S WAREHOUSE
1762
100
N
SACRAMENTO
ST
JOE HASSAN CLOTHING
1763
101
N
SACRAMENTO
ST
PAYLESS MARKET
1764
107
N
SACRAMENTO
ST
DELICIAS RESTURANT
1765
108
N
SACRAMENTO
ST
GRAFFIGNA'S BROTHERS
2714
110
N
SACRAMENTO
ST
NAPA AUTO PARTS
1768
114
N
SACRAMENTO
ST
LODI SPORTS CLUB
1769
116
N
SACRAMENTO
ST
RAINBOW CLUB
1770
117
N
SACRAMENTO
ST
EL GRUELENSE CAFE
1771
118
N
SACRAMENTO
ST
EL TROPICAL CLUB
1772
119
N
SACRAMENTO
ST
GUADALAJARA CAFE
1773
119
1/2
N
SACRAMENTO
ST
GUADALAJARA ROOMS
1775
124
N
SACRAMENTO
ST
ALAMO RADIATOR
1776
125
N
SACRAMENTO
ST
MAZATLAN CAFE
1777
127
N
SACRAMENTO
ST
MAZATLAN CAFE
1778
130
N
SACRAMENTO
ST
GUNDERSHAUG ELECTRIC
1779
200
N
SACRAMENTO
ST
SAK'S TV
1780
201.
N
SACRAMENTO
ST
GERIG'S IMPORT AUTO SEP.'
2715
204
N
SACRAMENTO
ST
SAK'S TV & APPLIANCE
1784
214
N
SACRAMENTO
ST
WRIGHTS MOTORS
Page No. 4
10/09/97
PIN
ADDRESS
1785
217
N
SACRAMENTO
ST
EHLERS AUTO SERVICE
1826
7
S
SACRAMENTO
ST
PLAYBOY CLUB
2819
9
S
SACRAMENTO
ST
ADULT PLEASURE WORLD
1827
11
S
SACRAMENTO
ST
VACANT
1831
21
S
SACRAMENTO
ST
HENDERSON BROS. HARDWARE
1832
27
S
SACRAMENTO
ST
RASHID IMPORTS
1834
41
S
SACRAMENTO
ST
MOORE'S KARATE
1835
100
S
SACRAMENTO
ST
GIANT DISCOUNT TIRE
1836
101
S
SACRAMENTO
ST
MORRIS AUTO SUPPLY
2344
210
S
SACRAMENTO
ST
JIM'S CUSTOM MACHINE
1838
216
S
SACRAMENTO
ST
PERALES AUTOMOTIVE
1839
217
S
SACRAMENTO
ST
HENDERSON SHEET METAL
3013
218
S
SACRAMENTO
ST
FRANK'S AUTO FACTORY
2863
221
S
SACRAMENTO
ST
BLEWETT DAIRY
1840
221
A
S
SACRAMENTO
ST
OGRENS
1841
221
B
S
SACRAMENTO
ST
SANDOVAL SALSA
0
_ 4
N
SCHOOL
CORY BUILDING
1878
5
N
SCHOOL ST
CHRISTENSEN'S FASHIONS
1880
6
N
SCHOOL ST
SONSHINE NUTRITION
2452
8
N
SCHOOL ST
FARMERS & MERCHANTS BANK
1882
9
N
SCHOOL ST
BORELLI j7-WBT,LS
`1882
10
N
SCHOOL ST
BITTERMAN'S JEWERLY
1883
11
N
SCHOOL ST
11 NORTH - APPAREL
1884
12
N
SCHOOL ST
TUXEDOS OF LODI
1886
13
N
SCHOOL ST
T.J.'S SALOON
1887
14
N
SCHOOL ST
MICKEY'S ANTIQUES
1888
16
N
SCHOOL ST
THE CLOTHES CLOSET
1890
20
N
SCHOOL ST
TEALBROOK GALLERY
1891
21
N
SCHOOL ST
LODI OFFICE PRODUCTS
1892
22
N
SCHOOL ST
OLLIE`S TAVERN
0
24
A
N
SCHOOL
SHARED NETWORK SERVICES
1895
25
N
SCHOOL ST
LAW OFFICES - ADAMS
1896
26
N
SCHOOL ST
ANGELOS
1897
28
N
SCHOOL ST
ANGELO'S
1898
102
N
SCHOOL ST
LEGENDS
0
104
100
N
SCHOOL ST
US SAFETY PRODUCTS
0
104
202
N
SCHOOL ST
ANITA'S TAX SERVICE
0
104
203
N
SCHOOL ST
TUCKER FINANCIAL MANGMT
0
104
204
N
SCHOOL ST
JAMES GRAVE ATTORNEY
0
104
206
N
SCHOOL ST
TURBETTI MUSIC STUDIO
0
104
209
N
SCHOOL ST
JOHN PYLE ATTORNEY
0
104
212
N
SCHOOL ST
JOEL FAX
0
104
213
N
SCHOOL ST
MOUNTAIN VALLEY
0
104
214
N
SCHOOL
DRY CREEK REALTY
0
104
214
N
SCHOOL ST
FUBERAL IN BERLIN
0
104
215
N
SCHOOL ST
TRAVIS -PATENT LAWYER
0
104
306
N
SCHOOL ST
NALC BP1452
0
104
307
N
SCHOOL ST
STEVE WORLEY
0
104
309
N
SCHOOL ST
BENIFICIAL MASSAGE
0
104
310
N
SCHOOL ST
HEALTH TOUCH
0
104
313
N
SCHOOL ST
SUPERIOR MORTGAGE
Page No. 5
10/09/97
PIN
ADDRESS
0
104
314
N
SCHOOL
ST
DJ HENRY
0
104
315
N
SCHOOL
ST
VINYL JUNKEEZ
2313
106
N
SCHOOL
ST
EMPRESA BAILON
1905
108
N
SCHOOL
ST
TOM'S USED BOOKS
1906
110
N
SCHOOL
ST
LASTING IMPRESSIONS
1909
114
N
SCHOOL
ST
CYBER -TEC
1910
115
1
N
SCHOOL
ST
KURT H. SIEBERT OFFICE
1911
115
2
N
SCHOOL
ST
NOR CAL
1912
115
3
N
SCHOOL
ST
RINN & ELLIOTT
1914
115
4
N
SCHOOL
ST
CHRISSY'S TOTAL IMAGE
1913
115
5
N
SCHOOL
ST
CHRISSY'S TOTAL IMAGE
1915
116
A
N
SCHOOL
ST
LAVERNE'S COFFEE SHOP
1917
120
N
SCHOOL
ST
MIZ M'S
1918
123
N
SCHOOL
ST
GIERHART & WELLS FUNERAL
2820
124
N
SCHOOL
ST
SAKS WAREHOUSE
1919
130
N
SCHOOL
ST
VALLEY PAINTS
1921
210
N
SCHOOL
ST
PERRY, KENNETH
1922
216
N
SCHOOL
ST
SILVER BULLET ENTERPRISE
1935
_ 5
S
SCHOOL
ST
SUN AMERICAN SECURITIES
1936
5
1/2
S
SCHOOL
ST
LODI BARBER SHOP
2719
6
S
SCHOOL
ST
THORNTON HOUSE
2720
6
A
S
SCHOOL
ST
PATRICIA'S
1938
9
S
SCHOOL
ST
THE DAISY SHOP
1939
10
S
SCHOOL
ST
THORNTON HOUSE
2722
11
S
SCHOOL
ST
L & L TRAVEL
1940
13
S
SCHOOL
ST
GARRY'S LOUNGE
1941
14
S
SCHOOL
ST
HELMSMAN PRNTG & GRAPHIC
1942
14
A
S
SCHOOL
ST
BENEFICIAL FINANCE
1943
15
S
SCHOOL
ST
CARLOTTAS
1944
17
S
SCHOOL
ST
PRET
1945
20
S
SCHOOL
ST
ELIZABETH OF CALIF., THE
1946
22
S
SCHOOL
ST
IMAGE HAIR STUDIO
1948
31
S
SCHOOL
ST
BANK OF AMERICA
2723
35
S
SCHOOL
ST
LODI CHAMBER OF COMMERCE
2933
101
S
SCHOOL
ST
CAPITAL THRIFT
1955
121
B
S
SCHOOL
ST
KING TSIN RESTAURANT
1957
125
S
SCHOOL
ST
SYNOWICKI'S JEWEL BOX
1959
203
S
SCHOOL
ST
COTTAGE BAKERY
1960
208
S
SCHOOL
ST
POSER'S TV
1961
210
S
SCHOOL
ST
JDW DESIGNS INC
1962
212
S
SCHOOL
ST
EL PAJARO
1963
213
S
SCHOOL
ST
COTTAGE BAKERY
1964
215
S
SCHOOL
ST
ROCHA'S MORTUARY
1965
216
S
SCHOOL
ST
SECURITY LOCK AND KEY
1966
218
S
SCHOOL
ST
KIDCO
1967
220
S
SCHOOL
ST
DANZ JEWELERS
1968
222
S
SCHOOL
ST
CUTTING EDGE
1969
226
S
SCHOOL
ST
BURTON'S SHOES
1970
230
S
SCHOOL
ST
FYFFE'S AUTO REPAIR
1971
233
S
SCHOOL
ST
LYON'S RESTAURANT
2201
105
W
WALNUT
ST
LARRY'S COINS
Page No.
6
10/09/97
PIN
ADDRESS
2204
115
1
W
WALNUT
ST
2205
115
2
W
WALNUT
ST
2206
115
4
W
WALNUT
ST
2207
120
W
WALNUT
ST
P.O. Box 343, Acampo, CA 95220
Added to List:
Current Business Owner
Weil Motors
2 West Lockeford Street
Lodi, CA 95240
Current Business Owner
First National Bank of Marin
200 S. School Street
Lodi, CA 95240
SHAKLEE PRODUCTS
LEN -ELL ENTERPRISES
CREATIVE SERVICES
BANK OF STOCKTON
HAZEL'S RESTAURANT
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING REGARDING RESOLUTION NO. 97-179 ENTITLED, "A
RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO
ESTABLISH THE DOWNTOWN LODI BUSINESS IMPROVEMENT AREA"
PUBLISH DATES: MONDAY, OCTOBER 20,1997
TUESDAY, OCTOBER 21, 1997
WEDNESDAY, OCTOBER 22,1997
THURSDAY, OCTOBER 23, 1997
FRIDAY, OCTOBER 24,1997
SATURDAY, OCTOBER 25,1997
MONDAY, OCTOBER 27, 1997
TEAR SHEETS WANTED: ONE
AFFIDAVIT AND BILL TO:
ALICE M. REIMCHE
CITY CLERK
DATED: OCTOBER 16, 1997 ORDERED BY:
�, ? A1 C. -
J IFER I'. PERRIN
DEPUTY CITY CLERK
JACQUELINE L. TAYLOR
DEPUTY CITY CLERK
SUSAN SEWARD-LAKE
ADMINISTRATIVE CLERK
advins/forms
•, CITY OF LODI NOTICE OF PUBLIC HEARINGS
Date: November 5, 1997 (Public Hearing & Meeting)
Carnegie Forum Date: December 3, 1997 (Public Hearing)
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Alice M. Reimche
City Clerk
Telephone: (209) 333-6702
RESOLUTION NO. 97-179
A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO
ESTABLISH THE DOWNTOWN LODI BUSINESS IMPROVEMENT AREA
WHEREAS, the California Streets and Highways Code Section 36500 et sea.,
authorizes cities to establish Parking and Business Improvement Areas for the purpose of
promoting economic revitalization and physical maintenance of business areas in order to
create jobs, attract new business and prevent erosion of the business area; and
WHEREAS, the Downtown Lodi Business Improvement Area Formation
Committee ("the Committee") has requested the Lodi City Council to establish such an
Improvement Area.
NOW, THEREFORE, the City Council of the City of Lodi does hereby resolve,
determine, and find as follows:
1. The recitals set forth herein are true and correct.
2. The City Council does, at the request of the Committee, and pursuant to the
California Streets and Highways Code, declare its intention to establish the
"Lodi Business Improvement Area No. 1" ("the Area").
3. The boundaries of the entire area are to be included in the Area, and the
boundaries of each separate benefit zone within the Area, are set forth in the
Map, EXHIBIT A, incorporated herein by reference. A true and correct copy
of the map is on file with the City Clerk of the City of Lodi.
4. The types of improvements and activities proposed to be funded by the levy
of the assessments on business in the Area are in EXHIBIT B hereto and
incorporated by reference.
5. The City Council intends to levy an annual benefit assessment on businesses
in the Area, except where funds are otherwise available, to pay for all
improvements and activities of the Area.
6. All funds of the Area shall be expended on improvements and activities within
the Area.
7. The method and the basis for levying the assessments on all the businesses
within the Area are set forth in the EXHIBIT C hereto, incorporated herein by
reference.
JACRYCLRKIFORMS%NOTBWDOC 10116/97
8. New businesses shall be exempt from assessment until the next billing period
following their establishment occurs.
9. A Public Hearing to establish the Area is hereby set for November 5, 1997, at
7:00 p.m. or as soon thereafter as possible before the City Council of the City
of Lodi, at the Carnegie Forum, 305 West Pine Street, Lodi, CA. This Public
Hearing shall be deemed to be the Public Meeting called for by California
Government Code §54954.6(a)(1). Additionally, the City Council further
establishes the date of December 3, 1997 as the date for the Public Hearing
called for by California Government Code §54954.6(a)(2). The hearing is to
be held before the City Council of the City of Lodi at the Carnegie Forum, 305
West Pine Street, Lodi, CA at 7:00 p.m. or as soon thereafter as possible.
10. At the Public Hearing the testimony of all interested persons, for or against
the establishment of the Area interested in matters concerning the
boundaries of the Area, the areas of benefit within the Area and the
assessments to be levied, will be heard.
11. A protest against the Area, or any aspect of it may be made orally or in
writing. An oral protest shall be made at the said Public Hearing. To count in
the majority protest against the Area, 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 obtain a written description of
the business in which the person signing the protest is interested, sufficient to
the 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 sufficiency of the proceedings shall be in writing and
clearly state the irregularity of defect to which objection is made.
12. If at the conclusion of the Public Hearing there are of record, written protest
by the owners of the businesses within the Area that will pay fifty percent
(50%) or more of the total assessments of the entire Area, no further
proceedings to create the Downtown Lodi Business Improvement Area shall
occur. New proceedings to form the Area 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 written protest is only as to
an improvement or activity proposed, then that type of improvement or activity
shall not be included in the Area.
13. Further information regarding the proposed Downtown Lodi Improvement
Area may be obtained from the City Clerk of the City of Lodi, at City Hall, 221
West Pine Street or telephone (209) 333-6702.
14. 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, for at least seven (7) days before the hearing.
b. Mail a complete copy of this Resolution of Intention to each and every
business owner in the Area within seven (7) days of the adoption of this
Resolution by the City Council.
15. This Resolution is effective on its adoption.
Dated: October 15, 1997
J:ICITYURKIFORMSINOTBMDOC 70/16/97
I hereby certify that the foregoing to be a true, full and correct copy of Resolution
No. 97-179, duly passed and adopted by the Lodi City Council in a regular meeting held
October 15, 1997 by the following vote:
AYES: COUNCIL MEMBERS - Land, Mann, Sieglock, Warner and Pennino
(Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
IGf.GCu /h .
ALICE M. REI CHE
City Clerk
J:ICITYCLRKIFORMSWOTBIA.DOC 10/16197
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10
PROPOSED BIA BOUNDARIES
EXHIBIT B
NARRATIVE DESCRIPTION OF BIA PROGRAMS
Funds from the BIA will be used to establish but are not limited to the following programs:
A. Image Building:
• "Shop Lodi First" campaign intended to discourage community shoppers from
going to nearby malls and community areas.
• Periodic institutional campaigns centered around prime shopping times —
Easter, Christmas, etc.
B. Retail Events and Activities:
Art Fairs
Street Fairs
Sidewalk Sales
• Back to School Sales
• Holiday Festivities
Patriotic Themes
C. Coordinated Marketing Activities:
• Advertising supplements for local newspapers
Direct mail promotions
D. Streetscape Involvement's
Trash receptacles
• Flowers and plants at selected locations
• Physical cleanup of streets and sidewalks
High visibility facade improvements
E. Commercial Recruitment and Retention
Work with the City's Development coordinator and the Chamber of
Commerce to actively seek the most suitable business to fill existing vacancies
or vacancies as they occur.
Provide support services to existing businesses needing assistance in order to
remain in the downtown area.
EXHIBIT C
AREA ASSESSMENT FORMULA
The BIA is a self -motivated business program funded by an annual assessment based
on a formula developed by the Committee, made up entirely of downtown business
owners.
The assessment formula is based on type of business and location in order to offer a
fair and equitable charge for each business in the Area. The assessment will be
collected by the City and turned over in total to downtown businesses for use to fund
an annual and year-to-year program of economic stimulation and business
enhancement.
All business owners stand to benefit to a much greater extent than what the annual fee
might be.
• Retail: The buying and reselling of tangible goods.
• Restaurant and Bar: Selling prepared foods or drinks.
• Lodging: Businesses include inns, hotels, motels, RV Parks and other
similar businesses.
Service: Offers intangible services of a non-professional nature.
• Finance: Offers banking -related services.
B. Proposed Lodi BIA Annual Benefit Fee
Zone A Zone B
Retailers and Restaurants $200.00 (1-3 emp.) $100.00
$300.00 (4-6 emp.) $150.00
$400.00 (7+ emp.) $200.00
Service Businesses
$150.00
$
75.00
Professional Businesses
$100.00
$
50.00
Financial Institutions $500.00 $500.00
raja eju-
:y�Loa
FOR
On Thursday, October 16, 1997 in the City of Lodi, San Joaquin County, California, a
copy of Resolution No. 97-179 attached hereto, marked Exhibit "A", was posted at the
following three locations:
Lodi Public Library
Lodi Police Public Safety Building
Lodi City Hall Lobby
The above locations are public areas available to the public 24 hours a day.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 16, 1997, at Lodi, California.
ORDERED BY:
ALICE M. REIMCHE
CITY CLERK
Jacqueline L. Taylor
Deputy City Clerk
Jennifer M. Perrin
Deputy City Clerk
r
an Sewa - ake
A ministrative Clerk
bia\forms\decpost.doc
•, CITY OF LODI NOTICE OF PUBLIC HEARINGS
Date: November 5, 1997 (Public Hearing & Meeting)
Carnegie Forum Date: December 3, 1997 (Public Hearing)
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Alice M. Reimche
City Clerk
Telephone: (209) 333-6702
RESOLUTION NO. 97-179
A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO
ESTABLISH THE DOWNTOWN LODI BUSINESS IMPROVEMENT AREA
WHEREAS, the California Streets and Highways Code Section 36500 et sea.,
authorizes cities to establish Parking and Business Improvement Areas for the purpose of
promoting economic revitalization and physical maintenance of business areas in order to
create jobs, attract new business and prevent erosion of the business area; and
WHEREAS, the Downtown Lodi Business Improvement Area Formation
Committee ("the Committee") has requested the Lodi City Council to establish such an
Improvement Area.
NOW, THEREFORE, the City Council of the City of Lodi does hereby resolve,
determine, and find as follows:
1. The recitals set forth herein are true and correct.
2. The City Council does, at the request of the Committee, and pursuant to the
California Streets and Highways Code, declare its intention to establish the
"Lodi Business Improvement Area No. 1" ("the Area").
3. The boundaries of the entire area are to be included in the Area, and the
boundaries of each separate benefit zone within the Area, are set forth in the
Map, EXHIBIT A, incorporated herein by reference. A true and correct copy
of the map is on file with the City Clerk of the City of Lodi.
4. The types of improvements and activities proposed to be funded by the levy
of the assessments on business in the Area are in EXHIBIT B hereto and
incorporated by reference.
5. The City Council intends to levy an annual benefit assessment on businesses
in the Area, except where funds are otherwise available, to pay for all
improvements and activities of the Area.
6. All funds of the Area shall be expended on improvements and activities within
the Area.
7. The method and the basis for levying the assessments on all the businesses
within the Area are set forth in the EXHIBIT C hereto, incorporated herein by
reference.
JACITYCLRKT0RMS%N0TB1A-D0C 10/16/97
8. New businesses shall be exempt from assessment until the next billing period
following their establishment occurs.
9. A Public Hearing to establish the Area is hereby set for November 5, 1997, at
7:00 p.m. or as soon thereafter as possible before the City Council of the City
of Lodi, at the Carnegie Forum, 305 West Pine Street, Lodi, CA. This Public
Hearing shall be deemed to be the Public Meeting called for by California
Government Code §54954.6(a)(1). Additionally, the City Council further
establishes the date of December 3, 1997 as the date for the Public Hearing
called for by California Government Code §54954.6(a)(2). The hearing is to
be held before the City Council of the City of Lodi at the Carnegie Forum, 305
West Pine Street, Lodi, CA at 7:00 p.m. or as soon thereafter as possible.
10. At the Public Hearing the testimony of all interested persons, for or against
the establishment of the Area interested in matters concerning the
boundaries of the Area, the areas of benefit within the Area and the
assessments to be levied, will be heard.
11. A protest against the Area, or any aspect of it may be made orally or in
writing. An oral protest shall be made at the said Public Hearing. To count in
the majority protest against the Area, 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 obtain a written description of
the business in which the person signing the protest is interested, sufficient to
the 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 sufficiency of the proceedings shall be in writing and
clearly state the irregularity of defect to which objection is made.
12. If at the conclusion of the Public Hearing there are of record, written protest
by the owners of the businesses within the Area that will pay fifty percent
(50%) or more of the total assessments of the entire Area, no further
proceedings to create the Downtown Lodi Business Improvement Area shall
occur. New proceedings to form the Area 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 written protest is only as to
an improvement or activity proposed, then that type of improvement or activity
shall not be included in the Area.
13. Further information regarding the proposed Downtown Lodi Improvement
Area may be obtained from the City Clerk of the City of Lodi, at City Hall, 221
West Pine Street or telephone (209) 333-6702.
14. 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, for at least seven (7) days before the hearing.
b. Mail a complete copy of this Resolution of Intention to each and every
business owner in the Area within seven (7) days of the adoption of this
Resolution by the City Council.
15. This Resolution is effective on its adoption.
Dated: October 15, 1997
JACITYCLRMFORMSWOTBLkDOC 10/16197
I hereby certify that the foregoing to be a true, full and correct copy of Resolution
No. 97-179, duly passed and adopted by the Lodi City Council in a regular meeting held
October 15, 1997 by the following vote:
AYES: COUNCIL MEMBERS - Land, Mann, Sieglock, Warner and Pennino
(Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
SLIGU/I V
It)
ALICE M. REI %ZE�
City Clerk
J1CRYCLRKIFORMS1NOT6Lk DOC M16/97
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"
PROPOSED BIA BOUNDARIES
401
EXHIBIT B
NARRATIVE DESCRIPTION OF BIA PROGRAMS
Funds from the BIA will be used to establish but are not limited to the following programs:
A. Image Building:
• "Shop Lodi First" campaign intended to discourage community shoppers from
going to nearby malls and community areas.
Periodic institutional campaigns centered around prime shopping times —
Easter, Christmas, etc.
B. Retail Events and Activities:
Art Fairs
• Street Fairs
• Sidewalk Sales
Back to School Sales
• Holiday Festivities
Patriotic Themes
Advertising supplements for local newspapers
• Direct mail promotions
D. Streetscape Involvement's
• Trash receptacles
• Flowers and plants at selected locations
Physical cleanup of streets and sidewalks
• High visibility facade improvements
E. Commercial Recruitment and Retention
Work with the City's Development coordinator and the Chamber of
Commerce to actively seek the most suitable business to fill existing vacancies
or vacancies as they occur.
Provide support services to existing businesses needing assistance in order to
remain in the downtown area.
EXHIBIT C
AREA ASSESSMENT FORMULA
The BIA is a self -motivated business program funded by an annual assessment based
on a formula developed by the Committee, made up entirely of downtown business
owners.
The assessment formula is based on type of business and location in order to offer a
fair and equitable charge for each business in the Area. The assessment will be
collected by the City and turned over in total to downtown businesses for use to fund
an annual and year-to-year program of economic stimulation and business
enhancement.
All business owners stand to benefit to a much greater extent than what the annual fee
might be.
Retail: The buying and reselling of tangible goods.
Restaurant and Bar: Selling prepared foods or drinks.
Lodging: Businesses include inns, hotels, motels, RV Parks and other
similar businesses.
Service: Offers intangible services of a non-professional nature.
Finance: Offers banking -related services.
B. Proposed Lodi BIA Annual Benefit Fee
Zone A Zone B
Retailers and Restaurants $200.00 (1-3 emp.) $100.00
$300.00 (4-6 emp.) $150.00
$400.00 (7+ emp.) $200.00
Service Businesses $150.00 $ 75.00
Professional Businesses $100.00 $ 50.00
Financial Institutions $500.00 $500.00