HomeMy WebLinkAboutAgenda Report - December 18, 2002 G-02 PH14 1 0104
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing to Consider Resolution Confirming the 2002/2003 Annual Report
and Levy Assessment for the Downtown Lodi Business Improvement Area No.1
MEETING DATE: December 18, 2002
PREPARED 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 No. 1
2002/2003 Annual Report and thereby levying the assessment as proposed.
BACKGROUND INFORMATION: At the Council meeting of November 20, 2002, the Business
Improvement Area 2002/2003 Annual Report was presented to the
Council. The Council accepted the report and established
December 18, 2002 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 assessment
being proposed. In order for such a protest to be successful, the protest must comply with the provisions
of Sections 36524 and 35535 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 during calendar year 2003.
Copies of the Annual Report are available at the office of the Downtown Lodi Business Partnership
("DLBP") and City of Lodi Economic Development Department.
Funding: None Required
Respectively Submitted,
Tony C oeh ' g
Economic Development Coordinator
Attachments
APPROVED: Lk -Ci
on Flynn -- City Manager
When Recorded, Return to:
City of Lodi City Clerk's Office
P.O. Box 3006
Lodi, CA 95241-1 91 0
RESOLUTION NO. 2002-258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LODI CONFIRMING THE 2002/2003 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 18, 2002 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 2002 Annual Report as submitted on November 20, 2002 by the
Board of Directors of the Improvement Area to the City Council is hereby
confirmed as originally filed.
4) The confirmation of the report and adoption of this resolution constitutes
the levy of the assessment as contained in the Annual Report for the
calendar year 2003.
Dated: December 18, 2002
I hereby certify that Resolution No. 2002-258 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 18, 2002, by the
following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2002-258
ro4�P
Please immediately confirm receipt
Of this fax by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: RESOLUTION OF INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR
DOWNTOWN LODI BUSINESS IMPROVEMENT AREA NO. 1, ESTABLISHING
PUBLIC HEARING DATE, AND RECEIVING ANNUAL REPORT
PUBLISH DATE: SATURDAY, NOVEMBER 23, 2002
TEAR SHEETS WANTED: Three (3) please
SEND AFFIDAVIT AND BILL TO:
DATED:
ORDERED BY:
Thursday, November 21, 2002
JACQUELINE L. TAYLOR
DEPUTY CITY CLERK
SUSAN BLACKSTON, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
PATRICIA OCHOA
ADMINISTRATIVE CLERK
JENNIFER M. PERRIN
DEPUTY CITY CLERK
Faxed to th Sentinel at 369-1084 at t� h >7^ 4time) 0) m% (date) 'ti (pages)
Kelsev 2 i h tai N Phoned to confirm receiot of all Dales at th% e) Jac V—Tricia Jen (initials)
formAadvins.doc
A HESOLU 1 ION Of- IN 1 EN IION 10 LEVY
ANNUAL ASSESSMENT FOR DOWN-
TOWN LODI BUSINESS IMPROVEMENT
AREA NO. 1, ESTABLISHING PUBLIC
HEARING DATE, AND RECEIVING
ANNUALREPORT.
WHEREAS, Downtown Lodi Business
improvement Area No. 1 was established
December 17. 1997 by Council adopllon of
Ordinance No. 1654. and
WHEREAS, the Annual Report as
required by Streets 8 Highways Code,
5361533 has, been submitted to the Council
by the Board of Directors of said
Improvement area as follows:
NOW, THEREFORE, the City Council 01
the City of Lodi does hereby resolve, deler-
mine, and limf as follows:
I. Receive the Annual Report as submilled,
said Report being -on file with the City Clerk.
2.Eslablishes December 18, 20021n the City
Council Chambers, al Camegie Forum. 305
West Pine Street, Lodi. California al 7:00
p.m., or soon thereafter as possible, as the
date, place. and time to hold the public hear-
ing required by Street and Highway Code
§36534.
3.11 is the intention of The City Council to levy
and collect assessments within the parking
and business Improvement area for calendar
year 2003 (the Area's fiscal year).
4. The boundaries of the entire area to be
Included In the Area, and Ills boundaries of
each separate benefit zone within the area,
are set forth In the Map, Exhibit A. incorpo-
rated herein by reference. A true and correct
copy of the map Is on file with the City Clerk
of the City of Lodi.
5. The "a of improvements and aclivilies
proposed to be funded by the levy of
assessments on business in the Area are In
Exhibit B hereto and Incorporated by reler.
once.
6. Al the lime of the public hear'�ng. written
and oral protests may be made. The form
and manner of protests shall comply with
Streets E Highways Code §§36524 and
36525.
Doled: November 20,2002
EXHIBITS A 6 8 AND FURTHER INFOR-
MATION REGARDING THIS MATTER MAY
BE OBTAINED IN THE OFFICE OF THE
CITY MANAGER/ECONOMIC DEVELOP.
MENT, 221 W. PINE ST. LODI.
Anyone wishing to be heard on the Issue
may appear before the City Council at the
lima of the public hearing.Written slate.
meMs may be filed with the Cay Clerk, 221
W. Pine SI.. 2nd floor, Lodi. at any time prior
to the hearing scheduled herein, and oral
slalements may be made of said hearing.
All proceedings before the City Council are
conducted In English. The City or Lodi does
not lumish interpreters, and, it one is need-
ed. It shall be the responsibility of the person
needing one.
If you challenge the proposed action in court,
you may be Amlled to raising only Ihose
issues you or someone else raised at the
public hearing described In this notice, or in
written correspondence delivered to the City
Clerk/Cily, Council al, or prior to, the public
hearing.
Nov. 23. 2002 —4954
CITY COUNCIL
SUSAN HITCHCOCK, Mayor
EMILY HOWARD
Mayor Pro Tempore
JOHN BECKMAN
LARRY D. HANSEN
KEITH LAND
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702
FAX (209) 333-6807
cityclrk@lodi.gov
December 19, 2002
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 2002/2003 ANNUAL REPORT FOR
THE DOWNTOWN LODI BUSINESS IMPROVEMENT AREA NO. 1 AND
LEVY OF ASSESSMENT
The Lodi City Council, at its meeting on December 18, 2002, adopted the
enclosed resolution confirming the 2002/2003 Annual Report for the Downtown
Lodi Business Improvement Area No. 1 and levy of assessment.
Should, you have any questions, please feel free to contact my office.
Sincerely,
Susan J. Blackston
City Clerk
JMP
Enclosure
fol Iowup/rfransmittal.doc