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HomeMy WebLinkAboutResolutions - No. 2015-159RESOLUTION 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 BOB JO ± SON Mayor ATTEST: rNIFE M. FERRAIOLO ity Clerk 2015-159 Boundary Map