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Home My WebLink AboutAgenda Report - December 19, 2001 G-01 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Resolution Confirming the 2001/2002 Annual Report Levy Assessment for the Downtown Lodi Business Improvement Area No. 1 MEETING DATE: December 19, 2001 SUBMITTED BY: Economic Development Coordinator RECOMMENDED ACTION: That the City Council at the close of the hearing, there being no majority protest, either written or oral presented to the Council, adopt the Resolution confirming the Business Improvement Area 2001/2002 Annual Report thereby levying the assessment proposed. BACKGROUND INFORMATION: At the Council meeting of November 15, 2001, the Business Improvement Area 2001/2002 Annual Report was presented to the Council. The Council accepted the report and established December 19, 2001 as the time and date for the public hearing to be held on the proposed levy for the Business Improvement Area purposes. The public hearing is called for and set pursuant to Section 36535 of the California Streets and Highways Code. At the hearing, the public has an opportunity to present written or oral protests to the proposed assessment. In order for such a protest to be successful, the protest must comply with the provisions of Sections 36524 and 36535 of the California Streets and Highways Code. For an Assessment protest to be successful protests must be received from the owners of businesses in the improvement area, and must represent fifty percent (50%) or more of those member businesses paying the assessments proposed to be levied. If such a level of protest is not reached, a Resolution should be adopted by the Council confirming the report as originally filed, or as changed by it. The adoption of such a resolution constitutes the levy of the assessment for the BIA for calendar year 2002. Moreover, at the Council meeting of November 15, 2001 it was pointed out that the Council Communication dealing with the establishment of this hearing indicated that adjusting the boundaries of the area could be considered. The content of that report reflected language contained in Section 3.6535 of the Streets and Highways Code. Of particular note is language in the code indicating that such changes could be considered, if they were contained in the Annual Report submitted to the Council. Additionally, Section 36534 of the Code addresses this issue. This section deals with the Resolution of Intention, which was adopted by the Council setting the public hearing. That section states that the resolution shall do all of the following: "Declare the intention of the City Council to change the boundaries of the parking and business improvement area, or in any benefit zone within the area, if the report filed pursuant to Section 36533 proposes a change." The report filed did not propose a change. Therefore, the Resolution of Intention did not declare any intent to address a boundary change. r APPROVED: H. Dixo Flynn -- City Manager k o �vCITY OF LODI COUNCIL COMMUNICATION q�lFpR� At this point, the issue of a boundary change is not before the Council. It is recommended that the Council provide direction to the DLBP that the boundaries of the existing benefit area be studied with the results of that study included in next year's Annual Report. Copies of the Annual Report are available at the offices of the Downtown Lodi Business Partnership ("DLBP") and City of Lodi Economic Development Department. FUNDING: None required Respectfully submitted, Tony C. Goehring Economic Development Coordinator APPROVED: H. Dixon Flynn — City Manager When Recorded, Retum to: City of Lodi City Clerk's Office P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2001-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI CONFIRMING THE 2001/2002 ANNUAL REPORT FOR THE DOWNTOWN LODI BUSINESS IMPROVEMENT AREA NO. 1 AND LEVY OF ASSESSMENT WHEREAS, Downtown Lodi Business improvement Area No. 1 was established December 17, 1997 by Council adoption of Ordinance No. 1654; and WHEREAS, the Annual Report as required by Streets and Highways Code §36533 has been submitted to the City Council by the Board of Directors of said Improvement Area; and WHEREAS, a public hearing was held as required by Streets and Highways Code §36524 on December 19, 2001 in the City Council Chambers at Carnegie Forum, 305 West Pine Street, Lodi, California at 7:00 p.m. or as soon thereafter as possible to consider protests to the assessment levy. NOW, THEREFORE, the City Council of the City of Lodi does hereby resolve, determine, and find as follows: 1) The required public hearing was duly held, at which time the public was allowed to present written or oral protests to the levy of assessment for Downtown Lodi Business Improvement Area No. 1. 2) A majority protest as defined in the Streets & Highways Code §36525 was not made. 3) The 2001 Annual Report as submitted on November 15, 2001 by the Board of Directors of the Improvement Area to the City Council is hereby confirmed as originally filed. -4) T -he -confirmation of-the-repert and -adoption of this Resolution constitutes the levy of the assessment as contained in the Annual Report for the calendar year 2002. Dated: December 19, 2001 I hereby certify that Resolution No. 2001-297 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 19, 2001, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Nakanishi, and Mayor Pennino NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J.BLACKSTON City Clerk 2001-297 tOOF OF PUBLIC . T i0`i ('_015.5 C.C.P.) _ _:tiz_n ct ,ne U:i;L_- j(_ -(CS act a Ct _Z lUnly ..:ir:sa d. am 7:3.an .' „CC 3 ••..::'i {o C; Ir;tC.C5:C_ ...:�. 2CC'•� or cnc Lcci i~e• s-Sen(In a ,._ •�s ,c-_. cit 5'.;^L: ji ..n ni)i;Cays, 11 Citi'. ill '-a.; _ ' .. a .._'ms's _: C,z t -_. _. _ JU:1-L. .. foa^u.r-. � c. Cut;... v( Ma 166-1. P:-4 _. C35C NU:7 �... \sC: In _ -iter itis' nU� .., _., .. :.� ve;;R Vt: ;1;5• ..t.' ::S ........ i __ plc.' ..':... 'i.. _ .'-�C C� S.iiC ne•.:;� ' �nG nor Ir, -� _ -- _ - .,.,,.::;er_^, on t1;_ IOiiCw;• �'.ai.�.5. iC-'•v;i: December 1 ii lir•. '!Jnc _ _zr .2001 Is ir_z; a'4 C01 ).i,,LJ .t L ,d'. Cailt'urnia. this .... 1 ...... .da- o, December .2.001 $ice,:3t�rL This space isEoc the C'Ounty Cle;t�•S piling $tacZP LIC c: - s tool City Clerk City Of LOCI; P'ooi o Pubi cariC;; NOTICE OF PUBLIC HEARING RESOLUTION NO. 2001-270 A RESOLUTION OF INTENTION TO LEVY ANNUAL ASSESSMENT FOR DOWNTOWN LODI BUSINESS IMPROVEMENT AREA NO. 1, ESTABLISHING Notice of Pub I PUBLIC HEARING DATE, AND RECEIVING ANNUAL REPORT No...200.1-27.0 Pt nns= nl± PuRr.[C:kTION WHEREAS, Downtown Lodi Business Improvement Area No. 1 was established December 17, 1997 by Council adoption of Ordinance No. 1654: and WHEREAS, the Annual Report as required by Streets & Highways Code, §36533 has been sub- milled ubmilled to the Council by the Board of Directors of said Improvement area. NOW, THEREFORE, the City Council of the City of Lodi does hereby resohm; delerntine, and find as follows: 1. Receive the Annual Report as submitted, said Report being on file with the City Clerk. 2. Establishes December 19. 2001 in the City Council Chambers, at Camegle Forum, 305 West Pine Street, Lodi, California at 7:00 p.m., or soon thereafter as possible, as the dale, place, and time to hold the public hearing required by Streets and Highway Code §36534. 3. It 1s the Intention of the City Council to levy and collect assessments within the parking and business Improvement area for calender year 2002 (the Area's Oscal year). 4. The boundaries of the entire area to be included in the Area, and the boundaries of each separate beneit zone within the area, are set forth In the Map, Exhibit A, Incorporated herein by ret- ( erence. A true and correct copy of the map is on 1+ file wflh the City Clerk. of the Cly of Lodi. i 5. The types of is and acilvittes lobe fundekdrpb the of assessments mss In the Area we In Exhibit B hereto and Incorporated by reference. 6. At the *no of the public hearing• written and oral protests may be made. The form and manner of protests shall comply with Streets & Highways Code §§36524 and 36525. Dated: November 21. 2001 EXHIBITS A & B AND FURTHER INFORMATION REGARDING THIS MATTER MAY BE OBTAINED IN THE OFFICE OF THE CITY MANAGER/ECO- NOMIC DEVELOPMENT. 221 W. PINE ST.. LODI. Anyone wishing to be heard on the Issue may appear before the City Council at the time of the pudic hem". Written statements may be Iliad with the City Clerk, 221 W. Pine St.. 2nd floor, Lodi, at any time prior to the hearing scheduled herein, and. oral statements.mey be made at said hearing. All proceedings belore the City Council are con- ducted M English. The City of Lock does not fur- nish : Interpreters, arid, if one Is, needed, R shag responsbiliy the person needing one. the be N you challenge the proposed action in court, you may be limited W ralsing only those Issues you or someone else raised at the public hearing described In thio notice, or in written correaport- denoe delivered to the City Clerk1City Council at. or prior to. the public hearing. t)ec. 1. 2001 — 3871 CITY COUNCIL PHILLIP A. PENNINO, Mayor SUSAN HITCHCOCK Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX(209)333-6807 December 20, 2001 Mr. Lew Van Buskirk Executive Director Downtown Lodi Business Partnership P.O. Box 1565 Lodi, CA 95241 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney RE: RESOLUTION CONFIRMING THE 2001/2002 ANNUAL REPORT FOR THE DOWNTOWN LODI BUSINESS IMPROVEMENT AREA NO. 1 AND LEVY OF ASSESSMENT Enclosed is a certified copy of the Resolution confirming the 2001/2002 Annual Report for the Downtown Lodi Business Improvement Area No. 1 and levy of assessment, which was approved by the Lodi City Council on December 19, 2001. Should you have any questions, please feel free to contact our office or Tony Goehring, Economic Development Coordinator, at 333-6700. Sincerely, Susan J. Blacks{on City Clerk JMP Enclosure cc: Economic Development Coordinator followup/ITransmittal.doc