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HomeMy WebLinkAboutAgenda Report - September 2, 2015 G-02 PHAGENDA ITEM GaZ CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Adopt a Resolution of Formation of the Lodi Tourism Business Improvement District MEETING DATE: September 2, 2015 PREPARED BY: Business Development Manager RECOMMENDED ACTION: Public Hearing to adopt a Resolution of Formation of the Lodi Tourism Business Improvement District BACKGROUND INFORMATION: In response to petitions received from lodging businesses that will pay more than 50 percent of the total amount of the proposed assessment, on July 15, 2015 the Council adopted a Resolution of Intention to establish the Lodi Tourism Business Improvement District (District) and a Resolution Requesting the Consent of San Joaquin County to create the Lodi Tourism Business Improvement District, which boundaries include County Service Area No. 31, also known as "Flag City." The new District would be formed under the Property and Business Improvement Law of 1994 and would provide additional revenue -generation opportunity for the District through an increased assessment rate for lodging businesses located within City limits; an Owners Association responsible for implementation of the Management District Plan; and a five-year initial term. Notices were subsequently mailed out beginning a mandatory 45 -day period in which owners could protest district formation. The protest period was scheduled to end on August 29. On August 5, 2015 the Council held a public meeting to allow public testimony regarding the proposed District; adopted a Resolution of Intention to disestablish the existing District; and introduced an Ordinance to disestablish the existing District. Current Situation Staff will update the Council at the meeting regarding the status of the San Joaquin County Board of Supervisors granting consent to the City to establish the District within unincorporated County Service Area No. 31. Staff recommends Council adopt a Resolution of Formation. In addition, staff recommends Council adopt the Ordinance disestablishing the existing District, which is scheduled separately on this agenda. APPROVED: 10 tep en Sbivvabader, City Manager FISCAL IMPACT: None immediately. The City will receive a fee of 3.25 percent of the amount collected to cover its costs of administration. Because the district programs are intended to increase visitation to the City, there may be an increase in transient occupancy tax and sales tax collections. FUNDING AVAILABLE: Not applicable. Adam Brucker Business Development Manager RESOLUTION NO. 2015-159 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING THE RESULTS OF MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq., authorizes the City to establish business improvement districts upon petition by a weighted majority of the lodging business owners located within the boundaries of the district; and WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the Lodi Tourism Business Improvement District ("LTBID") have petitioned the City Council to establish the LTBID; and WHEREAS, the proposed district includes lodging businesses in the City of Lodi and the County of San Joaquin; and WHEREAS, consent to include lodging businesses in a portion of its jurisdiction has been received from the County of San Joaquin; and WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on lodging businesses within the LTBID to pay for sales promotion and marketing activities, and other improvements and activities set forth in the Plan; and WHEREAS, the assessed lodging businesses within the LTBID will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on July 15, 2015, at 7:00 p.m., at Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240, the City Council adopted a Resolution of Intention, Resolution No. 2015-120; and WHEREAS, the public meeting and public hearing to consider the establishment of the LTBID have been properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, on August 5, 2015, at 7:00 p.m., at Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240, the City Council held a public meeting regarding the establishment of the LTBID, and the City Council heard and received objections and protests, if any, to the establishment of the LTBID and the levy of the proposed assessment; and WHEREAS, on September 2, 2015, at 7:00 p.m., at Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240, the City Council held a public hearing regarding the establishment of the LTBID, and the City Council heard and received all objections and protests, if any, to the establishment of the LTBID and the levy of the proposed assessment; and WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the proposed district which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business. NOW, THEREFORE, BE IT RESOLVED BY THE LODI CITY COUNCIL THAT: 1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct. 2. The Lodi Tourism Business Improvement District is hereby established for a five (5) year term, beginning October 2, 2015 through September 30, 2020. 3. The Plan dated August 19, 2015 is hereby adopted and approved. 4. The activities to be provided to benefit businesses in the district will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the district; to provide activities or improvements outside the LTBID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan. 5. The City Council finds as follows: a) The activities funded by the assessment will provide a specific benefit to assessed businesses within the LTBID that is not provided to those not paying the assessment. b) The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. C) The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. d) Assessments imposed pursuant to the LTBID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the "LTBID Assessment." 6. The assessments levied for the LTBID shall be applied towards sales, promotions and marketing programs to market Lodi lodging businesses as tourist, 2 meeting and event destinations, and other improvements and activities as set forth in the Plan. 7. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit. 8. The assessments for the entire District will total approximately $538,000 in year one. 9. Bonds shall not be issued to fund the LTBID. 10. The LTBID shall include all lodging business located within the boundaries of the the City of Lodi and a portion of the unincorporated area of San Joaquin County, County Service Area No. 31, also know as "Flag City". A boundary map is attached hereto and incorporated herein by reference. 11. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the LTBID assessment is levied, as long as they are used consistent with the requirements set forth herein. 12. The assessments to fund the activities and improvements for the LTBID will be collected by the City and County on a quarterly basis, and in accordance with Streets and Highways Code §36631. 13. The City Council, through adoption of this Resolution and the Plan, has the right pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners' Association of the LTBID as defined in Streets and Highways Code §36614.5. The City Council has determined that the Lodi Conference and Visitors Bureau shall be the Owners' Association. 14. Lodi Conference and Visitors Bureau, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the district. 15. The LTBID established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.). 16. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the establishment of the LTBID and to levy the assessments. 17. This Resolution shall take effect immediately upon its adoption by the Lodi City Council. Dated: September 2, 2015 3 I hereby certify that resolution No. 2015-159 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 2, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ATTEST: Q A iu NIFE M. FERRAIOLO Ity Clerk 2015-159 BOB JODNSON Mayor Boundary Map 5 SUBJECT: PUBLISH DATE Please immediately confirm receipt of this fax by catling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING ON RESOLUTION OF INTENTION TO DISESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT SATURDAY, AUGUST 8, 2015 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, AUGUST 6, 2015 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Emailed to the Sentinel atdianer@lodinews.com at e) on *e) (pages) LLS Phoned to confirm *w of all m a.at Mime —ES _PMF (Ii ltiak) forms\advins.doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2015-135 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO DISESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, on October 6, 2004, the City Council adopted Ordinance No. 1753 establishing the Lodi Tourism Business Improvement District (herein called "District"); and WHEREAS, on January 21, 2009, the City Council adopted Ordinance No. 1818 expanding the District; and WHEREAS, the Parking and Business Improvement Area Law of 1989 (herein called "89 Law"), Streets and Highways Code §36500 et seq., allows the City Council to disestablish the District; and WHEREAS, the City Council now intends to disestablish the District. NOW, THEREFORE, BE IT RESOLVED BY THE LODI CITY COUNCIL AS FOLLOWS: 1. The recitals set forth herein are true and correct. 2. The City Council declares its intention to disestablish the Lodi Tourism Business Improvement District. 3. The time and place for a public hearing on the disestablishment of the District are set for 7:00 p.m., or as soon thereafter as the matter may be heard, on September 2, 2015, at the Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240. 4. The City Council intends to disestablish the District concurrently with forming a new tourism marketing district under the Property and Business Improvement District Law of 1994. The proposed new district will contain the same businesses, therefore, the City Council proposes transferring any remaining revenue to the new district, to be used for marketing and promotions efforts that benefit those businesses which paid the assessment. 5. The City Clerk is directed to provide notice of the public hearing in accordance with Streets and Highways Code §36523. 6. This resolution shall take effect immediately upon its adoption by the City Council. Dated: August 5, 2015 I hereby certify that Resolution No. 2015-135 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 5, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Johnson ABSTAIN: COUNCIL MEMBERS — None ATTEST: JENNIFER M. FERRAIOLO City Clerk MARK CHANDLER Mayor Pro Tempore 2015-135 DECLARATION OF POSTING PUBLIC HEARING ON RESOLUTION OF INTENTION TO DISESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT On Tuesday, August 11, 2015, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing on Resolution of Intention to disestablish the Lodi Tourism Business Improvement District (attached and marked as Exhibit A) was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on August 11, 2015, at Lodi, California. Mki NIFERM. FERRAIOLO 'TY CLERK ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK NA\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST LTBID disestablish.doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2015-135 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO DISESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, on October 6, 2004, the City Council adopted Ordinance No. 1753 establishing the Lodi Tourism Business Improvement District (herein called "District"); and WHEREAS, on January 21, 2009, the City Council adopted Ordinance No. 1818 expanding the District; and WHEREAS, the Parking and Business Improvement Area Law of 1989 (herein called "89 Law"), Streets and Highways Code §36500 et seq., allows the City Council to disestablish the District; and WHEREAS, the City Council now intends to disestablish the District, NOW, THEREFORE, BE IT RESOLVED BY THE LODI CITY COUNCIL AS FOLLOWS: 1. The recitals set forth herein are true and correct. 2. The City Council declares its intention to disestablish the Lodi Tourism Business Improvement District. 3. The time and place for a public hearing on the disestablishment of the District are set for 7:00 p.m., or as soon thereafter as the matter may be heard, on September 2, 2015, at the Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240. 4. The City Council intends to disestablish the District concurrently with forming a new tourism marketing district under the Property and Business Improvement District Law of 1994. The proposed new district will contain the same businesses, therefore, the City Council proposes transferring any remaining revenue to the new district, to be used for marketing and promotions efforts that benefit those businesses which paid the assessment. 5. The City Clerk is directed to provide notice of the public hearing in accordance with Streets and Highways Code §36523. 6. This resolution shall take effect immediately upon its adoption by the City Council. Dated: August 5, 2015 I hereby certify that Resolution No. 2015-135 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 5, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Johnson ABSTAIN: COUNCIL MEMBERS — None ATTEST: L -� • • Clerkity Cl MARK CHANDLER Mayor Pro Tempore 2015-135 DECLARATION OF MAILING RESOLUTION OF INTENTION TO DISESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT On Tuesday, April 11, 2015, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a Resolution of Intention to disestablish the Lodi Tourism Business Improvement District, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on April 11, 2015, at Lodi, California. X` IFER FERRAIOLO LERK Forms/deemail.doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI ELENA STODDARD ADMINISTRATIVE CLERK CITY COUNCIL BOB JOHNSON, Mayor MARK CHANDLER, Mayor Pro Tempore DOUG KUEHNE JOANNE MOUNCE ALAN NAKANISHI CITY OF LOM CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov ciiyclark fadi.gby August 6, 2015 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: RESOLUTION OF INTENTION TO DISESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT The Lodi City Council, at the August 5, 2015 Regular Meeting, adopted the enclosed Resolution of Intention to Disestablish the Lodi Tourism Business Improvement District and establish the public hearing date of September 2, 2015. Should you have any questions, please feel free to contact the City Clerk's Office. Sincerely, Pamela M. Farris Deputy City Clerk PMF Enclosure N:\Administration\CLERK\Followup\1LTBID Disestablish.doc RESOLUTION NO. 2015-135 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO DISESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, on October 6, 2004, the City Council adopted Ordinance No. 1753 establishing the Lodi Tourism Business Improvement District (herein called "District"); and WHEREAS, on January 21, 2009, the City Council adopted Ordinance No. 1818 expanding the District; and WHEREAS, the Parking and Business Improvement Area Law of 1989 (herein called "89 Law"), Streets and Highways Code §36500 et seq., allows the City Council to disestablish the District; and WHEREAS, the City Council now intends to disestablish the District. NOW, THEREFORE, BE IT RESOLVED BY THE LODI CITY COUNCIL AS FOLLOWS: 1. The recitals set forth herein are true and correct. 2. The City Council declares its intention to disestablish the Lodi Tourism Business Improvement District. 3. The time and place for a public hearing on the disestablishment of the District are set for 7:00 p.m., or as soon thereafter as the matter may be heard, on September 2, 2015, at the Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240. 4. The City Council intends to disestablish the District concurrently with forming a new tourism marketing district under the Property and Business Improvement District Law of 1994. The proposed new district will contain the same businesses, therefore, the City Council proposes transferring any remaining revenue to the new district, to be used for marketing and promotions efforts that benefit those businesses which paid the assessment. 5. The City Clerk is directed to provide notice of the public hearing in accordance with Streets and Highways Code §36523. 6. This resolution shall take effect immediately upon its adoption by the City Council. Dated: August 5, 2015 hereby certify that Resolution No. 2015-135 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 5, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Johnson ABSTAIN: COUNCIL MEMBERS — None ATTEST: N1 ER IV FERRAIOLO C. y Clerk --�Ow MARK CHANDLER Mayor Pro Tempore 2015-135 NAME Wine & Roses LLC Del Rancho Motel Motel 6 Star Hotel Budget Inn of Lodi Econo Lodge Inn & Suites Lodi EI Rancho Motel Lodi EI Rancho Motel Modern Motor Lodge Wine Country Inn Rancho Grande Motel Traveler's Hotel ATTN MA1 MA2 2505 W. Turner Rd. Lodi, Calif. 95242 Ashvin Patel 501 N. Cherokee Ln Lodi, Calif. 95240 Shri Laxmi Ganesha Inc 1140 S Cherokee Ln Lodi, CA 95240 Patel, Kanu /Jayesh K. P. O. Box 263 Lodi, Calif. 95241 Suresh B. Patel 917 S. Cherokee Ln Lodi, Calif. 95240 Sann Hospitality 118 N. Cherokee Ln Lodi, CA 95240 K&R Property Group LLC 603 N. Cherokee Ln Lodi, CA 95241 K&R Property Group LLC 12231 Jackson Rd Sloughhouse, CA 95683 Sunil & Shobhana Yadav 1050 S. Cherokee Ln Lodi, CA 95240 Surendra F. Patel 607 S. Cherokee Ln Lodi, CA 95240 Hasmukh M. Bhakta 807 S. Cherokee Ln Lodi, CA 95240 Ghanshyam A. Patel 112 N. School St. Lodi, CA 95240 m 1 W Viking Motel Rakesh &Smita Patel 815 S. Cherokee Ln Lodi, CA 95240 Best Western Royal Host Inn Raad Hospitality Group 710 S. Cherokee Ln Lodi, CA 95240 Economy Inn Jayanti Bhakta 1100 S. Cherokee Ln Lodi, CA 95240 Main Hotel Moti Bhamti Trust 4 S. Main Street Lodi, CA 95240 Hampton Inn & Suites Geweke VII, LP PO Box 1420 Lodi, CA 95241 Best Western 1-5 Inn Rajiv Jain 6411 W Banner Rd Lodi, CA 95242 Microtel Inn & Suites Rajiv Jain 6428 W Banner Rd Lodi, CA 95242 Lodi Holiday Inn Express LCS-Management, Inc. 1337 E Kettleman Ln Lodi, CA 95240 Golden Era Hotel Gloria Properties 18 S Main St Lodi, CA 95240 Golden Era Hotel Gloria Properties 8095 E Crystal Dr Anaheim, CA 92807 Hutchins House Vacation Rental Marne Simpson 705 W Oak St Lodi, CA 95240 Hutchins House Vacation Rental Marne Simpson 2920 Applewood Dr Lodi, CA 95242 Colleen's Cottage Kenneth Bingaman 306 Bella Vista Dr Lodi, CA 95240 Merlot Bungalow Merlot Bungalow Maurie Jacinto Maude Jacinto The Carriage House Vacation Rental Tom & Shelly Azevedo The Carriage House Vacation Rental Tom & Shelly Azevedo Sandpiper Guest House Annette & Gordon MacKay 430 W Elm St 3711 E Acampo Rd 311 Y2 W Oak St P O Box 46 551 Sandpiper Cr Lodi, CA 95240 Acampo, CA 95220 Lodi, CA 95240 Lodi, CA 95241 Lodi, CA 95240 Sandpiper Guest House Annette & Gordon MacKay P O Box 1062 Woodbridge, CA 95258 Bella Vino B&B Victor & Adrian Schuh Steve & Lillie 235 S Hutchins St Lodi, CA 95240 Thomas Bella Vino B&B Victor & Adrian Schuh Steve & Lillie 2311 Eilers Ln Lodi, CA 95242 Thomas 603 Locust Street Lavette Properties, Lorraine Paskett 603 Locust Street Lodi, CA 95240 604 Locust Street Lavette Properties, Lorraine Paskett 4138 Cambridge Rd La Canada, CA 91011 Cabo Wabo 2432 Muirfield Dr Lodi, Ca 95242 Lodi, CA 95240 Sylvia Rutter 320 N Pleasant Lodi, CA 95240 The Brick Bungalow 714 W. Lockeford Street