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HomeMy WebLinkAboutAgenda Report - December 3, 1997 PH (7)CITY OF LODI COUNCIL COMMUNICATION 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 staffs 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.�-i I ,,, 0 7 aJCD� Respectfully Submitted, Vicky McAth e, Finance Director Tony G ring, Econo c Dev. Coordinator Attachments APPROVED: H. Don Flynn -- City Nfanager, RESOLUTION NO. 97-198 A RESOLUTION OF THE LODI CITY COUNCIL MAKING FINDINGS REGARDING THE ESTABLISHMENT OF THE LODI BUSINESS IMPROVEMENT. NO. 1 WHEREAS, on October 'T5; 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. 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. Section 2. - No Mandato[y 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 otherwiseimposed by law. 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. ecti n 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 - I 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 SING[ I9g1 FLOOR COVERING -DRAPES SWI, 1J,rr , No. 346447 COMPLETE FLOOR AND WINDOW CONI Lirioleun3s - Tiles Carpets - Shades . Blinds - Draperies Nov. 3, 1997 City Clerk, Alice Reimche City Hall 221 W. Pine St. Lodi, CA. 95240 Dear Mrs. Reimche, City Ulcrl:: 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, C'bnnie J{ Riggs" Co -Owner Ronal Iff9gs Co -Owner 15 WEST OAK STREET 1.0I)1. CALIFORNIA 95240 : TELEPHONE 3699527 SINCE 1947 ` i� ilVAi 6A*STREET / LODI, CA. 95240 / TELEPHONE (209) 369-9527 State Ueenee i 421 Oso 1c1QMPLETE FLOOR AND WINDOW COVERING Llnoleum - Tiles - Carpets -Shades - Blinds - Draperies Nov. 3, 1997 Councilman Phil Pennino - 1502 Keagle Way I..odi, CA. 95242 Dear Councilman Pennino: RE: City Resolution 1197-179 Establishment of the DIA A\ 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 !I- Area hArea 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 BIA. We are against the establishment of the area for a number of various reasons. Bit a few of the reasons are stated below: Even though this is called an assessment. What ever you want to call it, it is in 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 he indsendent'. vVe 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 ti. :ve 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 >chool Street. Do you know that when we were assessed for the improvements that were made downtown, we paid the same rate as a bn.,if'. m School Street, although we did not get new sidewalks or the paving stones on the streets. All we got was a new fight and tree, anti much ess parking for customers (which we have heard many complaints of). And our business volume has decreased 35% since construction stno n March. WOW. Co promote holiday themes does not benefit us at all. The only holiday that gives a customer a reason to buy new flooring is the rhanksgiving-Christmas holidays. People do not buy new flooring for Mother's Day, Back -To -School, etc. It is too late for our business t% i he downtown promotions are put on for the Thanksgiving -Christmas holidays. The majority of our flooring jobs that are done for these tnlidays are booked in October, because most people want their new flooring in by Thanksgiving. They do not want their home to be torn -cr the holidays. So the big After Thanksgiving promotions do not benefit. us. cnnld go on for pages with reasons why we are against this. But for your benefit, I will cut it short. And one last thing, the promotion "Sh, )nwntotvn Lodi" is a farce. How many councilmen or the city of Lodi make it a point to shop Downtown Lodi, or even Lodi at a11. Thee hm'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. :incerelc ;nstnie J. Riggs, n -owner incl. c:Cnuncilmen 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 Halilobby 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 EV2ROVEMENI TT AREA WHEREAS, the California Streets and Highways Code Section 36600 etsea., 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: _ L 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' mprovements and activities proposed to be funded by the levy of asseM71-Irts on business in the ,Urea arc ir, iXHIBIT B hereto and incorporated by reference. 6. 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. 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 `Nest Pine Street, Lodi, CA at 7:00 p.m. or as soon thereafter as possible. 10. At the public Bearing the testimony of all interested persons, for or against the establishment of the Area interested in matters conceming 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 otat 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 wriiteti 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 thete are of record, written protest by the owners of the businesses within the Area that will pay fitly 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: ^7U-NC;T) . MEiviBERS — Land, Mann, Siegiock, Warner and Pennino (Mayor) NOES: COUNCIL MEMBERS - done ABSENT: COI NI CIL MEMBERS -None ABSTAI : COUNCIL MEMBERS - None ALICE M. RELMI CHE City Clerk 9-i79 8 S _ 221 2w 22J 2,s 2,a --- 214 217 y�214 2, 2O0 2" 210 2 t S _ _ Locust St. 2c Its 123 VJ 123 �24 F - 127 p Ua 1N 1, S N i1! „ C _ I y lij O R R -,a o '0 r a 1 am 6..1 4j I = I°'I •I 'I I 1 1 .11r`�-1-17 .1111, 1 PROPOSED BIA BOUNDARIES NARRATIVE DESCRIPTION OF BIA PROGRAMS Funds from the BIA will be used to establish but are not limited to the following programs: A. Image Buildine: "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 Marketin; 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 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. A. Business Type Definitions: 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 banking -related services. B. Proposed Lodi BIA Annual Benefit Fee Zone A Zone B Retailers and Restaurants S200.00 (1-3 emp.) S100.00 S300.00 (4-6 emp.) S150.00 S400.00 (7+ emp.) 5200.00 Service Businesses 5150.00 S 75.00 Professional Businesses S100.00 S 50.00 Financial Institutions S500.00 5500.00 MAILING LIST Page No. 1 Resolution of Intention for Business Improvement ATea 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 BECKNL2N 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 40S 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 NLALL VISIBLE CHANGES 0 21 DOWNTOWN MALL FENILY GALLERY 0 40 DOWNTOWN MA.,L• CHELSEY' S 526 5 W ELM ST TOKAY QUICK PRINTING 527 7 W ELM ST RASHID IMPORTS S31 16 W ELM ST. YELLOW ROSE Ati!IQUES 532 18 W EL •M ST S AN -NON RAMC iES INC. 533 20 W ELM ST .HOOVER CARPET 537 27 W ELM ST LEGENDS 541 225 A W ELM ST DONOV.AN, JO'riN COMPANY 542 225 C W ELM ST DONOV_AN, JOHN COMPANY 1088 222 1 W LOCKEFORD ST W,AHLEN STATE FARM 0 222 10 W LOCKEFORD DELLAMONICA, SN -,(DER ARCH :089 222 2 W LOCKEFORD ST SCOTT DASKO, ARCHITECT 1090 222 3 W LOCKEFORD ST HESSELTIME REALTY 1092 222 5 W LOCKEFORD S! TOKAY REALTY 1093 222 6 W LOCKEFORD ST D ERMJAT, CLINIC 1095 222 8 W LOCKEFORD ST DEGUSA ELECTRONIC .095 222 9 w LOCKEFORD ST -ACI IC FIELD SERVICE 1179 9 W LOCUST ST EHLERS HOLDING INC. 1131 10 W LOCUST ST 3AVK Oc LODI N.A. 1,183 20 Yi LOCUST ST VALLEY PAINTS !NC. 118= 21 w LOCUST ST PANTEL HOUSE OF LIGHTS 2292 101 2 W LOCUST ST SCHJ2k=FER, SUESS & BOYD 22C2 101 3 T;T LOCUST ST S^iiArP=_RSUESS 7._ =cS & 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 a 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 1280 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 152= ,_ 12 W 0 < ST — RAILROAD J•uNj CT IV1V 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 CIN'DI'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 AI`•IERIC_AN INV SERVICE 1550 221 L W OAK ST FAMILY OF EAGLES 0 221 W OAK ST TIM BERTSCH INSURANCE 1541 225 W OAK ST OFFICE OF LINDA LOFTHUS 1530 1 W PINE ST PAK-INDIA 031 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 �l PINE ST u & R BLOCK 16=1 11 w PINE ST LINCOLN SHOE D70AIR .2 IF PINE ST PACIFIC -GAS E- ELECTRIC 1643 13 W PINE ST ALICIAS ANTIQUES 16"_t 14 w PINE ST !NTINrkT ES Page No. 10/09/97 PIN ADDRESS 1646 15 W PINE ST ABR -AI MSON'S PRINTING 1657 16 W PINE ST PINE ST. BARE FURNITURE 1648 17 W PINE ST FRANK'S BUSIV=SS MACHINE 10659 18 F PINT, ST FRAMES & FINE THINGS 0 21 W PINE S I SONS KARATE 1651 100 W PINE ST SQUIRE'S CLOTHIER 2711 103 W PINE ST SECOND THOUGHT 1652 105 _ W PINE ST GERTIES PLACE 1655 108 W PINE ST LODI TAILOR SHOP 1656 111 W PINE ST F & M EXECUTIVE OFFICES 1657 112 W PINE ST PERSONAL TOUCH 10'58 114 W PINE ST CAPRI PIZZA 1660 121 W PINE ST FARMERS & MERCHANTS BANK 1601 121 205 W PINE ST PROFESSIONAL CORP. ATTYS 1'06'= 218 W PINE ST GERARD & GERARD 1665 220 W PINE ST FIRESIDE THRIFT CO 10667 222 W PINE ST PHOTO INSTANT PRINT 10'68 224 W PINE ST KEN SATO STUDIO 160'9 _ 226 W PINE ST SOMERSAULTS 1670 228 W PINE ST PUFF -N -STUFF 2=9^ 116 N PLEASANT. AV KIM b_r1Rni{.z1MP CPA 0 _ 2551 125 N PLEASANT STEVEN CVI'IRELL OFFICE 238 S PLEASANT AV PINE AUTO WAS HOUSE 11755 29 N SACRAMENTO ST ROY'S CLU3 1756 31 N SACRAMENTO ST ROY' S CLUB 23.53 35 N SACRAMENTO ST MUSIC, GAMES OUTLET 1753 41 N SACRAMENTO ST JAKE & CLAY'S 3AR2ER SHO 1759 43 N SACRAMENTO ST SINALOA CAFE 2362 45 A N SACRAMENTO ST POOL HALL 1761 47 N SACRAMENTO ST H_ASSAN' S WAREHOUSE 1762 100 N SACRAMENTO ST JOE HASSAN CLOTHING 1763 101 N SACRAMENTO ST PAYLESS MARKET 175= 107 N SACRAMENTO ST DELICIAS RESTL-R.ANT 1765 108 N SACRAMENTO ST GRAFFIGNA'S BROT:iERS 2714_ 110 N SACRAMENTO STNA_ P A AUTO PATS 1763 114 N SACRAMENTO ST LODI SPORTS CLUB 1769 116 N SACRAMENTO ST RAINBOW CLUB 1770 117 N SACRAMENTO ST E7G..� UELENSE CAFE 1771 lib N SACRAMENTO ST EL TROPICAL CLUB 1772 119 N SACRAMENTO ST GUADALAJARA CAFE 1773 119 1/2 N SACRAMENTO ST GUADALAJARA ROOMS 1775 125 N SACRAitiIENTO ST ALAMO RADIATOR 1770' 125 N SACRAIMENTO ST M.AZATL_AN CAF E 1777 127 N SACRAMENTO ST MAZATLAN CA.Z 1773 130 N SACRAMENTO ST GUNDERSHAliG ELECTRIC 1779 200 N SACRAMENTO ST SAK' S TV 3 730 201 N SACRntiIENT0 ST GERIG' S IMPORT TTTO SFR=1 2 710 204 NS_"C`R-A-ME�iTO S: SAK' S TV & ADDLIA!t10E 173= 21^_ N SACRAMENTO ST " RIGHTS 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 234= 210 S SACRAMENTO ST JIM'S CUSTOM MACHINE 1838 216 S SACRAMENTO ST PERALES AUTOMOTIVE 1839 217 S SACRAMENTO ST �iE_NDERSON SHEET METAL 3013 218 S SACRAMENTO ST FR_NK'S AUTO FACTORY 280'3 221 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 1880 5 N SCHOOL ST CHRISTENSEN'S FASHIONS 2452 0' N SCHOOL ST SONSHINE NUTRITION 188'- 8 9 N SCHOOL ST FARMERS & MERCHANTS BANK N SCHOOL ST BORELLI JEWELL•S 1882 10 N SCHOOL ST 3ITTERMAN'S"JEWERLY 1383 1884 11 N SCHOOL ST 11 NORTH - APPAREL 12 N SCHOOL ST TUXEDOS OF LODI 1885 13 N SCHOOL ST T.J.'S SALOON 1887 14 N SCHOOL ST MICKEY'S ANTIQUES 1883 l6 N SCHOOL ST THE CLOTHES CLOSET 1390 20 N SCHOOL ST TEALBROOK GALLERY 11891 1892 21 22 N SCHOOL ST LODI OFFICE PRODUCTS N SCHOOL ST OLLIE`S TAVERN 0 1895 24 25 A N SCHOOL SHARED NETWORK SERVICES 1895 26 N SCHOOL ST LAW OFFICES - ADAMS N SCHOOL ST ANGELOS 1897 28 N SCHOOL ST ANGELO'S 1893 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 MA.NGMT 0 104 204 N SCHOOL ST JAMES GRAVE ATTORNEY 0 104 205 N SCHOOL ST TURBETTI MUSIC STUDIO 0 104 209 N SCHOOL ST JOP�T 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 71-BER AL 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 n Ing 309 N SCHOOL ST 3 ENIFICIAL Ml___SAC 0 104 310 N SCHOOL ST H EAI, T H TOUCi? 0 l04 313 N SCHOOL ST SUPERIOR MORTGAGE Page No. 5 10/09/97 PIN 0 104 0 104 2313 106 1905 108 1906 110 1909 114 1910 115 1911 115 1912 115 1914 115 1913 115 1915 116 1917 120 1918 123 2820 124 1919 130 1921 210 1922 216 1935 _ _ 5 1936 5 2719 6 2720 6 1935 9 1939,.._- 10 2722 11 194 0 13 1941 14 1942 14 1943 is 1954 77 1955 20 1956 22 1948 31 2723 35 2933 101 1955 121 1957 125 1959 203 1950 208 1961 210 1962 212 _963 213 196'4 215 190'5 216 1965 218 1967 220 1958 222 1969 226 1970 230 1971 233 ADDRESS 314 N 315 N N N 1 2 3 4 5 A. 1/2 A 13 0 N N N N N N N N N N N N N N S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL_. ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SC'r'_OOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SC?IOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL ST SCHOOL Sl SCHOOL ST SCHOOL ST 2201 10 5 Tri T,7AL NL- ST DJ HENRY VINYL JUNKEEZ EMPRESA BAILON TOM'S USED BOOKS LASTING IMPRESSIONS CYBER -TEC KURT H. SIEBERT OFFICE NOR C_i1L, RINN & ELLIOTT CHRISSY'S TOTAL IMAGE CHRISSY'S TOTAL, IMAGE LAVERNLE'S COFFEE SHOP MIZ M'S GIERHART & WELLS FUNERAL, SAKS WAREHOUSE VALLEY PAINTS PERRY, KENNETH SILVER BULLET ENTERPRISE SUN AMERICAN SECURITIES LODI BARBER SHOP THORNTON HOUSE PATRICIA'S THE DAISY SHOP THORsNTON HOUSE L & L TRAVEL GARRY'S LOUNGE HELMSMAN PRNTG & GRAPHIC BENEFICIAL FINANCE CA? LOTTAS PRET ELIZABETH OF CALIF., THE IMAGE HAIR STUDIO BANK OF AMERICA LODI CHAMBER OF C0tMh?ERCE CAPITAL THRIFT KING TSIN RESTAURANT SYNOWICKI'S JEWEL BOX COTTAGE BAKERY POSER'S TV JDW DESIGNS INC EL PADA-R0 COTTAGE BAKERY ROCHA' S MORTUARY SECURITY LOCK AND KEY KIDCO D?VZ JEWELERS CUTTING EDGE BVTRTON'S SHOES FYFFE'S AUTO REPAIR LYON'S RESTAUANT 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 SIIkKLEE PRODUCTS LEN -ELL ENTERPRISES CREATIVE SERVICES BANK OF STOCKTON HAZEL'S RESTAURANT CITY OF LODI CITY HALL, 221 W. PINE ST. P. 0. BOX 3006 LODI, CALIFORNIA 95241-1910 No SvcH NUh .1 u. OCT 16'91 V 1' °'=0.55''= CqL%F aaIie, " —� R CL CURRENT BUSINESS OWNER PROFESSIONAL CORP. ATTYS 121 205 W PINE ST LODI, CA 95240 1111 �,,,i,i�r„ni,,,n,,,i r,r„rn,,,t,r„i,i„r,r„i,i,,,�,i„i,r,rr,,,r ri�r�rrrrr�r_ Ln O M 'i :o c V O C C7 0 v 0.�1ap� z pq U U U) No z 0 U U ,T -. r� CITY OF LODI CITY HALL, 221 W. PINE ST. P. O. BOX 3006 LODI, CALIFORNIA 96241-1910 �5240)2i2b ii S OWNER '0 ST C4 4 952400206 IN 07 10/20/97 sk ZONE SEPARATOR CITY OF LODI CITY HALL, 221 W. PINE ST. P. 0. BOX 3006 LODI, CALIFORNIA 95241.1910 9524072136 U OCTU.S DWA�t IB'8T �- 0.5 5 cgL�F 6ell$51 ` CURRENT BUSINESS OWNER BANK OF LOb1.A. 10 W LOCUSTST SANKOIO 452400206 iN 07 10/20/97 RETURN TO SENDER NO FORWARD ORDER ON FILE UNABLE 'rU wORWARL) RETURN TO SENDER Iii.�118141111111181111It111,11114lilt 111,1111111111„lIIill I 1�i•r1,�,1�iil11 r LO N 11CM O 1 Co ,= a — oil m J � O ILO Ix oca s� W ZQw zo 030 For,w crow Q e W O'N Whig 0 (10 COO c 7Z OWZ Ncc f1JC - InD ami 0'h- 3QF- - W lxZw cc O:)tI - IL in -I o m z lua i A�t pG O� vj O o oE� moo$ I�c z0z¢ +- h Q � U v, {r "C 41 M U co 0 0 2 OW 2 `t ` N 3�Q (ZI NO2 N tncc J 0 O U U" r O N h d J 07 C z T C h7 a r A V )rri Ij ti 1I S C A c V `I Ij G i LTi IJi l 0 � � W 11 r- 0 0 W nJ O H L:) W ZQYP! zQ 030 -+Z ZZ W MOW 7 on Vi ll) roo ooccoo OF 0;4- 7Z Q;uz NIX crJQ u13 Q9� PF- 3=F - W aczW a O:)oc r L o O m z J Ix O 3 f� O a W O o �D�UvNi O Z3: W >�A U o0 .14 w ci to I N W tT 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 4hz,j'*-44X---� ALICE M. REIMCHE City Clerk 97-198 FOR 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, l 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, Calif ornia. ORDERED BY: ALICE M. REIMCHE CITY CLERK Jacqueline L. Taylor Deputy City Clerk t � Jenn r M. Perrin Deputy City Clerk Susan Seward -Lake Administrative Clerk decmail/forms �a�--s �-- 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 seo., 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. 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. 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 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 completexopy 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 �, 4.,,ie.) ALICE M. REIMCHE City Clerk 97-179 1 32 32 r 1 N 273 230 tts its 1 its in 216 1 It 2,a R 2Op 206 21 1 R b _ _ LOCUSt St. Cn ,zz 12S ' 123 - t2J 112- R - 127 O n its IN ,ts 116 - 11 N tie O tis O V, 1 L- 10 , log i } — will V) 0 EW — J3l ONE 8 -- F�A '214 I7 its 216 21e 216 21 220 720 223 22. 223 224 2i6 226 230 32 233 232 2n 32 237 236 1S7 36 2b 2., 240 L, 2.e i t 316 At. " ^he M 1 1 1 • 1 u :1 1 1 too 1 c C „2 o U O 2to 1 II 2,6 ' 10 PROPOSED BIA BOUNDARIES 30. 122 114 t23 C tt NARRATIVE DESCRIPTION OF BIA PROGRAMS Funds from the BIA will be used to establish but are not limited to the following programs: 1-1 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 Marketinz Activities: Advertising supplements for local newspapers Direct mail promotions D. Streetscale 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. sp- • 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.) 5100.00 5300.00 (4-6 emp.) S150.00 5400.00 (7+ emp.) 5200.00 Service Businesses S150.00 S 75.00 Professional Businesses S100.00 S 50.00 Financial Institutions S500.00 5500.00 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 MA7,I, 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 22S 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 2393 101 3 W LOCUST ST SCH.nFFt?R, SUESS & BOYD 0 101 4 W LOCUST THE S'TOCKTON 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 IN V 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 S ELECTRIC 1643 13 W PINE ST ALICIAS ANTIQUES 1644 14 W PINE ST INTIMATES Page No. 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 228 W PINE ST PUFF -N -STUFF 249E 116 N PLEASANT AV 'TM VEERKAMP CPA 0 125 N PLEASANT - STEVEN CUIRELL 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 4S 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 -01. N SACRAMENTO ST GERIG'S IMPORT AUTO SERF 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 1881 9 N SCHOOL ST BORELLI---'PWE7,LS 3882 10 N SCHOOL ST BITTERMAN'S JEWEKLY 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 I d. j 6 �- I U`. • 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: . J IFER 1'. PERRIN DEPUTY CITY CLERK JACQUELINE L. TAYLOR DEPUTY CITY CLERK SUSAN SEWARD-LAKE ADMINISTRATIVE CLERK advins/fonns CITY OF LODI NOTICE OF PUBLIC HEARINGS Date: November 5, 1997 (Public Hearing S 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 Iommittee ("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. J:\CITYCLRK\FORM SINOTSW DOC 10/16197 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 evidance 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:IC ITYCLRKTORMSINOTT8IA. DOC 10/16/97 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 & A - $Zxn,�z1 ALICE M. REIMCHE City Clerk J:XCITYCLRK1FORMS%NOT91A. DOC 10116197 1 , 32 LILI � 9 723 - 230 223 216 _ 2/s nnn ' 216 217 216 21 206 210 • "� n R Si 200 20e 21 ' R e .. _ o Locust st. 0 N r t23 1 123 122 - 122 R - 127 p lie wi _-1°0 ISE M �Mmm _. 21 ' "0 213 21f 213 214 21 2to 220 to 2:. 223 n. 224 224 230 32 211 232 2za 32 237 236 233 36 2b i41 240 237 243 n m 24, - _ N 1 R hes 41 1 PROPOSED BIA BOUNDARIES 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. Zone A Zone B Retailers and Restaurants 5200.00 (1-3 emp.) $100.00 $300.00 (4-6 emp.) $150.00 $400.00 (7+ emp.) $200.00 Service Businesses 5150.00 $ 75.00 Professional Businesses $100.00 $ 50.00 Financial Institutions $500.00 $500.00 to 1 �\ 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 i it -000 LAUC 96�6n Sewa - ake A ministrative Clerk biaWormsWecpost.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. Of 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. J:1CTTYCLRKCF0RMS1N0T91A.00C 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 J:%CITYCLRMFORMSW0T81ADOC 10!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 rM V ALICE CE M. REI CHE City Clerk J1CRYCLRKlf0RMSW0T$IA.D0C 10M6197 I 32 ®aM'FaM� 41E Lai 1 223 230 223 214 216 nn:1 i 214 217 , 214 21 200 210 S � :, R R zoo Zoe 21 Locust St. y1_ 122 = ,,ip _ 122 VJ 123 12s R '27 0 1y 114 . . 1 114 113 N 114 1°z R1u ^ tai p 2 ' ' '• n R 2S ii - « R 'O S Si 07 V 1 ZONE a� 8 F r Was :1s 2u :u zu zt uo 22° 2n 224 223 22. 224 229 230 2n 32 3.13 231 2u 32 237 234 34 2b 241 240 237 11I 2.4 2.1 _ R .• A ' 14 317 1 Q ^hestnu Sr 7 as Vainut St. o 2 LOCH AV. .1 10 1 PROPOSED BIA BOUNDARIES En o. mm 1*49611: 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. Streetscgpe 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. 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. Zone A Zone B Retailers and Restaurants 5200.00 (1-3 emp.) $100.00 S300.00 (4-6 emp.) $150.00 5400.00 (7+ emp.) $200.00 Service Businesses $150.00 $ 75.00 Professional Businesses $100.00 $ 50.00 Financial Institutions 5500.00 11 $500.00 LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, DECEMBER 3, 1997 7:00 P.M. ROLL CALL Present: Council Members - Land, Mann, Sieglock, Warner and Pennino (Mayor) Absent: Council Members - None Also Present: City Manager Flynn, Deputy City Manager Keeter, City Engineer Prima, Community Development Director Bartlam, Economic Development Coordinator Goehring, City Attorney Hays and City Clerk Reimche 2. INVOCATION The invocation was given by Youth Pastor Brian Siken, Temple Baptist Church. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pennino. 4. AWARDS / PROCLAMATIONS / PRESENTATIONS a) Mayor Pennino presented Dorean Rice with the Mayor's Community Service Award for her service and dedication to this community. Following receipt of the award, Mrs. Rice introduced her family and expressed het sincere appreciation for receiving this prestigious award. FILE NO. CC -6 b) Patty Steward, Parks and Recreation Commission member and president of the Lodi City Swim Club, presented Mayor Pennino with a check in the amount of $2,500 towards repayment of its $24,000 loan from the City of Lodi. To date, the City has received $12,500 as partial repayment of the loan, leaving a balance of only $9,000. FILE NO. CC -6 5. CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Mayor Pro Tempore Sieglock, Land second, approved the following items hereinafter set forth: a) Claims were approved in the amount of $2,050,877.49 and Disbursements Through Wire Transfer in the amount of $173,641.46. FILE NO. CC -21(a) b) The minutes of November 19, 1997 (Regular Meeting) were approved as written. C) Adopted Resolution No. 97-196 authorizing the purchase of an automated records management program, File Magic Plus, for the City Clerk's office from Appleby & Company, Inc., of Fresno, California, in the amount of $19,838. FILE NO. CC -12(a) AND CC -300 CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6702 FAX (209) 333-6807 November 21, 1997 Youth Pastor Brian Siken Temple Baptist Church 801 S. Lower Sacramento Road Lodi, CA 95242 Dear Pastor Siken: H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney I am pleased to send this letter to you, confirming that you are scheduled to conduct the invocation at the Lodi City Council meeting of December 3, 1997. This is the meeting in which the City Council reorganizes and elects a new Mayor and Mayor Pro Tempore. This is an important evening for Phillip Pennino who, as outgoing Mayor, will have his family and friends along side him to celebrate his accomplishments and achievements of this past year. He is excited that you have agreed to do the invocation on this special evening. The meeting will begin at 7:00 p.m. Following the reorganization of the City Council, there will be a reception in foyer of the Carnegie Forum. We would be delighted if you could join us. If you have any questions, please feel free to give me a call. Sincerely, ICS tV X 7� Alice M. Reimche City Clerk AMR/JMP