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Home My WebLink AboutAgenda Report - December 17, 2008 I-02 PHAGENDA ITEM Too z CITY OF LODI %W COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to consider adoption of resolution levying annual (2009) assessment for Downtown Lodi Business Improvement Area No. 1 and confirming the Downtown Lodi Business Partnership 2007-08 Annual Report (as approved by Council on November 19,2008) (CM) MEETING DATE: December 17,2008 PREPARED B Y City Manager RECOMMENDED ACTION: Conduct Public Hearing to consider adoption of resolution levying Annual (2009) assessment for Downtown Lodi Business Improvement Area No. 1 and confirming the Downtown Lodi Business Partnership 2008-09 Annual Report (as approved by Council on November 19,2008). BACKGROUND INFORMATION: The Downtown Lodi Business Improvement Area No. 1 2008109 Annual Report was presented and approved by the City Council on November 19, 2008. The Council established December 17, 2008 as the Public Hearing date during which time the public would have an opportunity to present written or oral protests to the assessment being proposed. The Public Hearing is established pursuant to Section 36535 of the California Streets & Highways Code. Pursuant to Lodi Municipal Code chapter/section 12.06.110: 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 such 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 percent or more of the fees proposed to be levied as to any specific budget item pursuant to Streets and Highways Code Section 36525(b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify such expenditure from the area's proposed budget pursuant to the written protest. Streets and Highway Code 36535 (c) states: At the conclusion cf the public hearing, the City Council may adopt a resolution confirming the report as originallyfiled or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the report. APPROVED: Bla' ,, City Manager FISCAL IMPACT: The Downtown Lodi Business Partnership was established in order to create the mechanisms necessary to give Downtown Lodi the ability to compete regionally as a shopping center and entertainment destination. The purpose of the assessment is to pool contributions of individual business owners in order to provide the DLBP with the resources to provide marketing and events coordination. FUNDING AVAILABLE: As collected by the City on behalf of the DLBR Blair King City Manager Attachments Cc: Jamie Watts, Executive Director, DLBP 2 RESOLUTION NO. 2008-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI CONFIRMING THE 2009 ANNUAL REPORT FOR THE DOWNTOWN LODI BUSINESS IMPROVEMENTAREA NO. 1 AND LEVY OF ASSESSMENT WHEREAS, Downtown Lodi Business ImprovementArea No. I 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 ImprovementArea; and WHEREAS, a public hearing was held as required by Streets and Highways Code 536535 on December 17,2008, in the City Council Chambers at Carnegie Forum, 305 West Pine Street, Lodi, California, at 7:00 pm., 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 ImprovementArea No. 1. 2) A majority protest as defined in the Streets and Highways Code 536525 was not made. 3) The 2008-09 Annual Report as submitted on November 19, 2008, by the Board of Directors of the Improvement Area to the City Council is hereby confirmed as originally filed and attached hereto. 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 2008. Date: December 17, 2008. ----------------- I hereby certify that Resolution No. 2008-250 was passed and adopted by the Lodi City Council in a regular meeting held December 17, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen COUNCIL MEMBERS —None COUNCIL MEMBERS — None COUNCIL MEMBERS —None 2008-250 JOHL City Clerk November 5,2008 Mr. Blair King, City Manager r rity of T.ndi 221 W. Pine street Lodi, CA 95240 Re: Annual Report 20084/2009 Dear Blair: ; Section 11.0 of the City nr ce Number 1654, establishing the Downtown Lodi Business Improvement Area, requires that we Clibmit to by September of each year our annual report and budget. In addition, the State of CaliforA Strays code, which is the enabling legislation, also specifies that certain additional inn be provided. You will find all of the required information contained in our report. We have provided you with seven copies, five for the City Council, one for the City Clerk and one for yourself. Thank you for your continued support. Sincerely, �JOaelS Jaime Watts, Executive Downtown Lodi Business Partnership 2038309 ENDORSED FILED in the office of the Saerdary of ate of tk Slate of calitomia ARTICLES OF ]INCORPORATION OF MAR31 1948 DOWNTOWN LODI BUSINESS 1PAlR1l'Nt1ti3iiW A California Nonprofit MuraAl Benefit Corporation loll �Ei, of iitk One; The name of the corporation is Downtown Loll Bwincss Partuership (A California Nonprofit Mutual Benefit Corporotion) Two; This corporation is a nonprofitmutual benefit corporation organised under the NonprofitMutual Benefit Corporatlon I.nw, `The purpose of corporation is ro engage in Lay lawful act or activity for which a eorpontion may be organized under such law. Suchpurposas for wMah ticks corporationis formed are to promote end improve the downtown Lodi business ares, to generally improve business conditions in tho downtown area, and to generally enhanot the downtown sass oftbe City ofLodi. Notwithstautding W ocher provision afthese articles, thfu eorp'oration shall not engags In any activities or examise any powers that are not in furtherance of the purposes of this corporation. Three: The cam end address of the corporation's initial &Sent for service of process is Ronald K Beckman, Esq.. 1I l N. Church Street, Lodi, California, 05240. Four; The right to determine the considers6on forwbich memberships suit! be issued shall be vested in the Regular Members, to be determined by 3 majority vote of the Resular Meanben in good standing. Five: No pm of tho net strri np of the corporation shall inure La the benefit of any memberorprivate shareholder,as defined forpurpo.w ofSeWon 501 (c) (5) oftheltnernal Rovcnue Code of 1954. Dated: March 31, 1993 s RonaldM.Beckman, irr,:orporstor I— -A0 AbJA 0 \ Vu h �y0 2008/2009 ANNUAL REPORT ,u4 Items listed below refer to Section 36533(b) of the Califo eets and Highway Code: No changes in boundaries of benefit zones within the area are proposed. No physical improvementsoare planned. Budget for theJuly 1,2008 through June 30,2009 is enclosed. The budget detaif8 zrces of income and projected expenses. .N A Benefit Fee Schedule and a Map of tlusiness Improvement Area are enclosed. Downtown Lodi Business Partnership Proposed Budget July 1, 2008 through June 30, 2009 Income Assessment Fees 42000.00 City of Lodi 35300.00 Event Revenue 30000.00 Farmers Market 65000.00 Parade of Lights 12500.00 Banner Sponsorship Program 5500.00 Grape Festival Youth Parade 1200.00 Fall Fest 3000.00 Winterfest 500.00 Miscellaneous Events & Sales 10500.00 Total Income 175500.00 Expenses Event Expenses Farmers Market 30000.00 Parade of Lights 4500.00 Banner Sponsorship Program 1500.00 Grape Festival Youth Parade 500.00 Fall Fest 800.00 Winterfest 2000.00 Miscellaneous Events & Sales 1000.00 Marketing Expenses Merchant Brochure & Kiosk Map 2500.00 Advertising & Promotions 6100.00 Mileage & Meetings 2500.00 Public Relations 2500.00 Marketing Campaigns 2000.00 Seminars 1500.00 Website 1000.00 Membership Expenses Newsletters 600.00 Quarterly Mixers 500.00 Plaques & Trophies 500.00 Sunshine Committee 1000.00 Revitalization Expenses Downtown Beautification 5000.00 Administrative Salaries & Wages 65000.00 Payroll Taxes 5500.00 Contract Labor 2000.00 Insurance 11000.00 Professional Fees 2500.00 Rent 6000.00 Storage 2000.00 Office Supplies 6500.00 Office Equipment 1600.00 Bank Fees 400.00 Postage 1000.00 Utilities (phone, internet, etc.) 6000.00 Total Expenses 175500.00 Net Income 0.00 :55 PM Downtown Lodi Business Partnership 1106108 Summary Balance Sheet ,ccrual Basis As of December 31,2007 Page 1 Dec 31, 07 ASSETS Current Assets Checking/Savings 2,573.27 Accounts Receivable 8,032.00 Other Current Assets 42.83 Total Current Assets 10,648.10 Fixed Assets 4,199.39 TOTALASSETS 14,839.49 LIABILITIES& EQUITY Liabilities Current Liabilities Credit Cards 2,616.22 Other Current Liabilities 1,901.45 Total Current Liabilities 4,517.67 Total Liabilities 4,517.67 Equity 10.321.82 TOTAL LIABILITIES& EQUITY 14,839.49 Page 1 :55 PM Downtown Lodi Business Partnership 1106108 Profit & Loss accrual Basis January through December2007 Jan • Dec 07 Ordinary Income/Expense Income City of Lodi Funds 43,975.00 Event Revenue Advertising 8 Promotion Revenue 5,225.00 Beverage Sales 19,998.37 Parade Entry Fees 7,706.00 Sponsorship 19,187.08 Vendor Fee 31,800.00 Other Income 8,125.00 Total Event Revenue 92,042,45 IRS Refund Income 6,176.45 Interest Income 681.70 Member Assessment Fees 44,468.50 Total Income 187,344.10 Expense Administrative Expenses Advertising 203.00 Bank Service Charges 485.96 Contract Labor 805.00 Depreciation Expense 2,239.00 Dues and Subscriptions 841.50 Insurance -D& Oand State Fund 1,952.34 Insurance- Events Liability 9.611.66 Interest 28.83 Miscellaneous 257.46 Office Maintenance8 Repairs 1,473.72 Office Supplies 7,307.59 Payroll Expenses Director's Wages 42,300.64 Other Wages 16,094.60 Payroll Taxes 6,083.88 Total Payroll Expenses 64,479.12 Professional Fees 5,249.31 Rent 5,210.00 Taxes 10.00 Utilities 6,575.86 Total Administrative Expenses 106,731.35 Event Expenses Advertising 7,483.37 AwardslBannerslPosters 5,253.67 Beverage Expense 18,502.31 Entertainment 5,051.05 Equipment Rental 1,073.70 Labor/Repairs 12,353.18 License/Permits/Inspection 2,762.10 Other Expense 570.18 Postage Delivery 834.72 Marketing (Promotions 2.114.11 Sanitation 2,629.14 Supplies 4,965.82 Total Event Expenses 63,593.35 Marketing Expenses Advertising 8 Promotions 6,471.05 Mileage 8 Meetings 1,221.10 Public Realtions 937.36 Seminars 8 Marketing Campaigns 3,745.76 Total Marketing Expenses 12,375.27 Membership Newsletter 556.66 Pagel :55PM Downtown Lodi Business Partnership 1/06/08 Profit & Loss ccrual Basis January through December2OO7 Page Jan - Dec 07 Plaques& Trophies 274.70 Postage and Delivery 425.78 Sunshine Committee 1,029.31 Total Membership 2,286.45 Revitalization Kiosk Update 102.00 Total Revitalization 102.00 Total Expense 185,088.42 Net Ordinary Income 2,255.68 Net Income 2,255.66 Page DOWNTOWN LODI BUSINESS PARTNERSHIP BENEFIT FEE SCHEDULE BUSINESS T WE Retailers/Restaurants* Service Businesses Professional Businesses Financial Institutions ZONE A ZONE B $240 (1-3 Employees) $120 $360 (4-6 Employees) $180 $480 (7+ Employees) $240 $180 $90 $120 $60 $600 $600 *Note: Retail and restaurant businesses are assessed based on the number of employees - eitherfull-time, or the equivalent made up of multiple employees. BUSINESS TYPE DEFINITIONS: Retail and Restaurant — Businesses that buy and resell goods. Examples would be clothing stores, shoe stores, office supplies, as well as businesses that sell prepared food and drinks. Service Businesses — Businesses that sell services. Examples are beauty and barber shops, repair shops, lodging, most automotive -oriented businesses, entertainment businesses such as theaters, etc. Professional Businesses — Includes architects, engineers, attorneys, dentists, doctors, account- ants, optometrists, realtors, insurance offices, mortgage brokers and most other businesses which require advanced or specialized licenses, and/or advanced academic degrees. Financial Institutions — Includes banking and savings and loan institutions, as well as credit unions, etc. Downtown Lodi Business Partnership 4 West Pine Street, Lodi, California 95240 209.369.8052 phone 209.369.8053 fax www.downtownlodi.com A 'LZ ~w ^ 7.1 t i i111 7� 11 �fvlu� --� ~ y +L EM ]•1 113 :a d its 32O w Z �+ 3. rtl 7yv 11 31 773 lit Uv 3t li M 134 7L m 241 1.0 �m w g "wig MISSION STATEMENT The Downtown Lodi Business Partnership, comprised of business owners, professionals and merchants, is a non-profit association developedto encourage growth and prosperity in the Downtown Community of Lodi, and to maintain its economic health on an on-going basis. This will be accomplishedby: Encouraging development of new businesses, while retaining and revitalizing existing businesses Promoting retail activityby creating and maintaining a quality environment through coordinated advertising and downtown events Serving as an advocate for downtown businesses in dealing with local government, maintenance projects, the media and general public 4 West Pine Street, Lodi, Ca 95240 209.369.8052 phone 209.369.8053 fax www.downtownlodi.com 2009 Calendar of Events Celebrate Mama! Saturday, May 9" Dowmtowm Farmers Market Every Thursday beginning June a through September 2e 4" Annual 4tuek in Lodi* Car Show Saturday, August I" Grape Festival Youth Parade Saturday, September W D owm t own Trick -or -Treat A Fall Festival Saturday, October 31" 14" Annual Parade of Lights Thursday, December e Downtown Winterfest Horse Drown Carriage Pides & Holiday Festivities Saturday, December 5�'& le SUBJECT PUBLISH DATE: Please immediately con c" of this fax by calling 33-34762,.... CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING TO LEVY ANNUAL ASSESSMENT FOR DOWNTOWN LODI BUSINESS IMPROVEMENTAREA NO. 1 WEDNESDAY, NOVEMBER 26,2008 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: RAN DI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: MONDAY, NOVEMBER 24,2008 ORDERED BY: RANDI JOHL CITY CLERK Ad )01 JgWNIFER PERRIN, CMC ASSISTANT eITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK ' — _(date) (ages) LNS oiti�d'ttn c.'trrii'irn �`,41A rro s'at (time) JLT DRC JMP (initials) formsladvins.doc DECLARATION OF POSTING PUBLIC HEARING TO LEVY ANNUAL ASSESSMENT FOR DOWNTOWN LODI BUSINESS IMPROVEMENTAREA NO. 1 On Wednesday, November 26, 2008, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to levy annual assessment for Downtown Lodi Business Improvement Area No. 1 (attached and marked as Exhibit A), was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hal Lobby Lodi Carnegie Forum declare under penalty of perjurythat the foregoing is true and correct. Executed on November 26, 2008, at Lodi, California. ,lLeRNIFER MUPERRIN, CMC ASSISTANT CITY CLERK N:1AdministrationlCLERK\Forms\DECPOST.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING RESOLUTION NO. 2008-232 1EXHitB-1T Al A RESOLUTION OF INTENTIONTO LEVY ANNUAL ASSESSMENT FOR DOWNTOWN LODI BUSINESS IMPROVEMENTAREA NO. 1, ESTABLISHING PUBLIC HEARING DATE, AND APPROVING ANNUAL REPORT WHEREAS, Downtown Lodi Business ImprovementArea No. I was established December 17, 1997, by City Council adoption of ordinance 1654; and WHEREAS, the annual report as required by Streets and Highways Code 5536533 has been submitted to the Council by the Board of Directors of said improvementarea. NOW, THEREFORE, the City Council of the City of Lodi does hereby resolve, determine, and finds as follows: 1. Approves the Annual Report as submitted, said report being on file with the City Clerk. 2. Establishes December 17, 2008, in the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California, at 7:00 p.m., or soon thereafter as possible, as the date, place, and time to hold the public hearing required by Streets and Highways Code §36534. 3. It is the intention of the City Council to levy and collect assessments within the parking and business improvement area for calendar year 2009 (the Area's fiscal year). 4. The boundaries of the entire area to be included in the Area and the boundaries of each separate benefit zone within the area set forth in a Map, Exhibit D, incorporated herein by reference. A true and correct dopy of the map is on file with the City Clerk of the City of Lodi. 5. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the Area include marketing and promotional efforts; event coordination: and other activities with the goal to promote retail activities. A detailed description of activities is include in the Annual Report, Exhibit A, and incorporated by reference. 6. At the time of the public hearing, written and oral protests may be made. The form and manner of protests shall comply with Streets and Highways Code § 36524 and 36525. Date: November 19,2008. hereby certify that Resolution No. 2008-232 was passed and adopted by the Lodi City Council in a regular meeting held November 19, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce COUNCIL MEMBERS— None COUNCIL MEMBERS— None COUNCIL MEMBERS— None 2008-232 I JOHL City Clerk CITY COUNCIL LARRY D. HANSEN, Mayor PHIL KATZAKIAN, Mayor Pro Tempore SUSAN HITCHCOCK BOBJOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov Gi_ tyclerkC�?lodi;.gov December 19,2008 Jamie Watts, Executive Director Downtown Lodi Business Partnership P.O. Box 1565 Lodi, CA 95241-1565 BLAIR KING, City Manager RANDI JOHL, City Clerk D. STEPHEN SCHWABAUER Cily Attorney RE: RESOLUTION CONFIRMING THE 2009 ANNUAL REPORT FOR THE DOWNTOWN LODI BUSINESS IMPROVEMENTAREA NO. 1 AND LEVY OF ASSESSMENT The Lodi City Council, at its meeting of December 17, 2008, adopted the enclosed resolution confirming the 2009 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 the City Clerk's Office. Sincerely, J nife�M' rrin Assistant City Clerk JMP Enclosure followup/lTransmi ttal.doc