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HomeMy WebLinkAboutResolutions - No. 2015-120RESOLUTION NO. 2015-120 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ESTABLISH THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code Section 36600 et seq., authorizes the City to establish business improvement districts for the purposes of promoting tourism; and WHEREAS, the Lodi Conference and Visitors Bureau, lodging business owners, and representatives from the City of Lodi have met to consider the formation of the Lodi Tourism Business Improvement District (LTBID); and WHEREAS, the Lodi Conference and Visitors Bureau has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the LTBID, a service plan and budget, and a proposed means of governance; and WHEREAS, the proposed district includes lodging businesses in the County of San Joaquin; and WHEREAS, consent to include lodging businesses in its jurisdiction will be requested from the County of San Joaquin; and WHEREAS, lodging business that will pay more than fifty percent (50%) of the assessment under the LTBID have petitioned the City Council to establish the LTBID. NOW, THEREFORE, BE IT RESOLVED BY THE LODI CITY COUNCIL THAT: 1. The recitals set forth herein are true and correct. 2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the formation of the LTBID. The City Council accepts the petitions and adopts this Resolution of Intention to establish the LTBID and to levy an assessment on certain lodging businesses within the LTBID boundaries in accordance with the Property and Business Improvement District Law of 1994. 3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code §36622. 4. The City Council declares its intention to establish the LTBID and to levy and collect assessments on lodging businesses within the LTBID boundaries pursuant to the Property and Business Improvement District Law of 1994. 5. The LTBID shall include all lodging businesses located within the boundaries of the City of Lodi and a portion of the unincorporated area of San Joaquin County, as shown in the map attached as Exhibit A. 6. The -name of the -district shall -be the Lodi Tourism Business Improvement -District (LTBID). 7. The annual assessment rate is four and one half percent (4.5%) for lodging businesses in the City of Lodi and three percent (3%) for lodging businesses in the unincorporated area of San Joaquin County of gross short-term (stays less than 31 days) room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days. Assessments pursuant to the LTBID shall not include room rental revenue from stays pursuant to contracts executed prior to October 1, 2015. 8. The assessments levied for the LTBID shall be applied toward sales promotion and marketing programs to market assessed lodging businesses within the LTBID as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which LTBID assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan. 9. The proposed LTBID will have a five-year term, beginning October 1, 2015 through September 30, 2020, unless renewed pursuant to Streets and Highways Code Section 36660. 10. Bonds shall not be issued. 11. The time and place for the public meeting to hear testimony on establishing the LTBID and levying assessments are set for August 5, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at Carnegie Forum, 305 W. Pine Street, Lodi, California, 95240. 12. The time and place for the public hearing to establish the LTBID and the levy of assessments are set for September 2, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at Carnegie Forum, 305 W. Pine Street, Lodi, California, 95240. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the August 5, 2015 meeting and September 2, 2015 hearing, and to provide that notice as required by Streets and Highways Code Section 36623, no later than July 17, 2015. 13. At the public meeting and hearing, the testimony of all interested persons for or against the establishment of the LTBID may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed LTBID that will pay more than fifty percent (50%) of the estimated total assessment of the entire LTBID, no further proceedings to establish the LTBID shall occur for a period of one year. 14. The complete Plan is on file with the City Clerk and may be reviewed upon request. 15. This resolution shall take effect immediately upon its adoption by the City Council. Dated: July 15, 2015 2 I hereby certify that Resolution No. 2015-120 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 15, 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: BOB JO Mayor 2015-120 3 EXHIBIT A District Boundaries