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HomeMy WebLinkAboutAgenda Report - February 16, 2005 E-19 PHAGENDA ITEM Ew Iq CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt resolution declaring intention to amend Ordinance No. 1753, which establishes the Lodi Tourism Business Improvement District (LTBID) and method of levying and collecting assessments within the LTBID boundaries, and setting public hearingfor March 16, 2005 MEETING DATE: PREPARED BY: February 16,2005 Finance Director RECOMMENDED ACTION: A)That the City Council adopt a resolution declaring its intention to amend Ordinance 1753, Section 12.07.130 relating to the Levy of Assessment—Collection, Delinquency, and Penalty, changing the delinquent time for the report and amount due from twenty days to the last day of the month following the close of each calendar quarter. B)That the time and place for the public hearing to amend Ordinance No. 1753, Section 12.07.130 relating to the Levy of Assessment—Collection, Delinquency, and Penalty, be set for March 16, 2005, at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. BACKGROUND INFORMATION: The City Council adopted Ordinance 1753 on October 20, 2004, and said ordinance took effect on January 1, 2005. Ordinance Number 1753 establishes that LTBID assessments are delinquent if not paid within 20 days after they are due. Transient Occupancy Taxes are due within one month after they are due. Since both the LTBID assessment and the Transient Occupancy Taxes are calculated using the same base room rental amounts, it is appropriate that both be due and payable on the same date each quarter. The date for payment of the LTBID assessment was inadvertently established to be twenty days after the end of the quarter. In order to make the due date consistent for paymentof the LTBID assessment and Transient Occupancy Taxes it is necessaryto amend Ordinance 1753, Section 12.07.130, which establishes the delinquency date for payments of the LTBID assessments. Amendment of Ordinance 1753 requires a public hearing for that purpose, which is recommended to occur on March 16, 2005. FUNDING: Not applicable JRW Attachments cc: NancyBeckman,_LCVB es R. Krueger, �m nce Director APPROVED:' '-? "-� Blair King, City Manager RESOLUTION NO. 2005-37 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTIONTO AMEND ORDINANCE 1753, WHICH ESTABLISHESTHE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID)AND METHOD OF LEVYING AND COLLECTING ASSESSMENTS WITHIN THE LTBID BOUNDARIES WHEREAS, the Lodi City Council adopted a Resolution of Intention No. 2004-191 on September 15, 2004, declaring its intention to establish the Lodi Tourism Business Improvement District (LTBID) and to levy and collect assessments within the LTBID boundaries; and WHEREAS, the Lodi City Council held a public hearing and introduced Ordinance 1753 to establish the LTBID and the levy of the assessments on October 6, 2004, at 7:00 p.m. at the Carnegie Forum, 305 West Pine Street, Lodi, California; and WHEREAS, the Lodi City Council adopted Ordinance 1753 on October 20,2004, which took effect on January 1,2005; and WHEREAS, Ordinance 1753 establishes that LTBID assessments are delinquent if not paid within twenty days after they are due; and WHEREAS, Lodi Municipal Code Chapter 3.12, "Transient Occupancy Tax," establishes that Transient Occupancy Taxes are delinquent if not paid within one month after they are due; and WHEREAS, it would be convenient for the assessment of both fees to be due at the same time; and WHEREAS, the Lodi City Council now desires to amend Ordinance 1753, Section 12.07.130 as follows: Section 12.07.13 0 Levy of Assessment—Collection, Delinquency, and Penalty. The collection of the assessment imposed by this chapter shall be made on a quarterly basis from hotels within the City of Lodi. The City of Lodi will collect the assessment on the same form as that used for the collection of Transient Occupancy Tax receipts. Each operator shall, on or before the last day of each quarter, make a report to the Finance Director on forms provided by city of the amount of assessment due for that quarter. The report and amount become delinquent twen on the last day of the month following the close of each calendar Garter. The full amount of the assessment calculated shall be remitted to the Finance Director at the time the return is filed. The Finance Director may establish shorter reporting or remitting periods for any operator and may require additional information in any return. Returns and payments are due immediately upon cessation of businessfor any reason. Each return shall contain a declaration under penalty of perjury, executed by the operator or its authorized agent, that, to the best of the declarant's knowledge, the statements in the return are true, correct, and complete. Any operator who fails to remit any assessment imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the assessment in addition to the amount of the assessment. Any operator who fails to remit any delinquent remittance on or before the 15th day of the month following date of the first penalty shall pay a second delinquency penalty of ten percent of the amount of the assessment in addition to the amount of assessment and ten percent penalty first imposed. If the Finance Director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent of the amount of the assessment shall be added thereto in addition to the penalties stated above. In addition to the penalties imposed, any operator who fails to remit any assessment imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of tax, exclusive of penalties, from the date on which the remittancefirst became delinquent until paid. Every penalty imposed and such interest as accrued under the provisions of this section shall become a part of the assessment required to be paid by this chapter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby resolve, determine, and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The City Council declares its intention to amend Ordinance 1753, Section 12.07.130, relating to the Levy of Assessment—Collection, Delinquency, and Penalty, changing the delinquent time for the report and amount due from twenty days to the last day of the month following the close of each calendar quarter. Section 3. The time and place for the public hearing to amend Ordinance No. 1753, Section 12.07.130, relating to the Levy of Assessment --Collection, Delinquency, and Penalty, is hereby set for March 16, 2005, at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 4. At the public hearing the testimony of all interested persons for or against the amendmentwill be heard. Section 5. A protest against the LTBID Ordinance amendment may be made in writing. To count in the majority protest against the LTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests must be received by the City Clerk of the City of Lodi before the close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240 or mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk/City Council at, or prior to, the public hearing. Section 6. If, at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the LTBID that will pay fifty percent (50%) or more of the total assessments of the entire LTBID (Exhibit A), no further proceedings to amend Ordinance 1753 as set forth herein shall occur. New proceedings to amend the LTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. Section 7. Further information regarding the proposed amendment to LTBID Ordinance 1753 may be obtained from the City Clerk, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 8. The City Clerk is instructed to provide notice of the public hearing as follows: a. Publish this Resolution of Intention in a newspaper of general circulation in the City of Lodi once, at least seven (7) days before the hearing. b. Mail complete copy of this Resolution of Intention to each and every business owner assessed in the LTBID within seven (7) days of the adoption of this Resolution by the City Council. Section 9. This Resolution is effective on its adoption. Dated: February 16,2005 hereby certify that Resolution No. 2005-37 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2005, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS— None ABSENT COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None SUSAN J. SLA ON City Clerk 2005-37 EXHIBG A Number of VQ,tes Vkr w and Rose$ Country Inn 2472 VVIfle Ohd ROWS Cou*y IM, LLC Agent for Service of Process : Russel G Munson 2505 W Turner Rd Lodi, CA 95242 Phone: 209-3346988 Bus Tax # : 2121 091 Rarcno Nbtel Ashvin R Patel 501 N Cherokee Ln 1.0lir -CA 95240 Phone: 209-368-5 Bits Tax # : 10836 Holiday inn Express Doir;rl Gmeke PO Ow 1210 (1140 S Cherokee Ln) Lpdi, CA 95241 Phone: 209-3$48422 Bus Tax # : 568 Star Hotel Jay lr $ Mph J Patel 22 $ Main St L-odi,.CA 95240 Phone: 2M36$ -3201,209-358-41U Bus Tax # : 3467 Budget hm of Lodi $uresh B Patel 917 S Cherokee Ln Wdl;. CA 95240 Phone: 69-1097 Bus Tax # . 495 Comfortlnn- Lodi IFP Management, Inc Agent for Service of Process ' Kyu S Kim 118 N Cherokee In Lodi, CA 95240 Phone: 209367-4648 Bus Tax ## : 12851 Lodi EI Rancho WO R & P Properties. Inc Agent forServiceofProcess :Ramesh Pitamber 220 Harding By (603 N Cherokee Ln) 178 3237 4 165 1783 510 Roseville. CA 95678 Phone. 918-783-0961 Bus Tax # : 12126 Yadav & Assoc/Modem Motor Lodge Suninhobhana/Sushil/Sonai Yadav 1050 5 Cherokee Ln Lodi, CA 95240 Phone: 209-333-8844,208.333-9812 Bus Tax # 621 Wine Country inn ShobhanWSurendra F Patel 607 S Cherokee Ln Lodi, CA 95240 Phone: 209-368-1152 Bus Tax #: 748 Rancho Grande Motel Hasmukh M/lUa Rhalft 807 S Cherokee Ln Lodi, CA 95240 Phone 209-334-3303 Bus Tax # : 8627 TravelWs l4otd Ghanshyam AlMita Patel 112 N School St Lodi, CA 95240 Phone: 209-368-1518 Bus Tax # . 444 Viking Motel Rakish G1Sm€ta Patel 815 S Cherokee Ln Lodi, CA 95240 Phone: 209-3648229 Bus Tax # . 6900 F-XHIB.Q A 14 18 183 55 23 69 Royal Host inn 1169 Chetan HIPrakash J/Pradepkurnar/Paresh J Patel 710 S Cherokee Ln Lodi, CA 95240 Phone: 209-3139-8484 Bus Tax # 760 Imperial Hotel Murnra€ez Ahrnad 9 W Oak St Lodi, CA 95240 Phone 209-366-0984, 209-38&5744 J MA Tax # : 3% ECi wtny Inn 124 H2simkh/Rlta/JayaniVKalavab Bhakta 1100 S Cherokee Ln LdW, iCA- 95240 PNOW 209-368-3778 1 tis Tax # : 8258 MS)n Hotel 2 G€i want Shatka 4 S Main St Lodi, CA 95240 Plums: 209-334-6058 SusT$x # : 1166 10000 NOTICE OF PUBLIC HEARING RESOLUTION NO. 2005-37 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO AMEND ORDINANCE 1753, WHICH ESTABLISHESTHE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) AND METHOD OF LEVYING AND COLLECTING ASSESSMENTS WITHIN THE LTBID BOUNDARIES WHEREAS, the Lodi City Council adopted a Resolution of Intention No. 2004-191 on September 15, 2004, declaring its intention to establish the Lodi Tourism Business Improvement District (LTBID) and to levy and collect assessments within the LTBID boundaries; and WHEREAS, the Lodi City Council held a public hearing and introduced Ordinance 1753 to establish the LTBID and the levy of the assessments on October 6, 2004, at 7:00 p.m. at the Carnegie Forum, 305 West Pine Street, Lodi, California; and WHEREAS, the Lodi City Council adopted Ordinance 1753 on October 20,2004, which took effect on January 1,2005; and WHEREAS, Ordinance 1753 establishes that LTBID assessments are delinquent if not paid within twenty days after they are due; and WHEREAS, Lodi Municipal Code Chapter 3.12, "Transient Occupancy Tax," establishes that Transient Occupancy Taxes are delinquent if not paid within one month after they are due; and WHEREAS, it would be convenient for the assessment of both fees to be due at the same time; and WHEREAS, the Lodi City Council now desires to amend Ordinance 1753, Section 12.07.130 as follows: Section 12.07.130: Levy of Assessment—Collection, Delinquency, and Penalty. The collection of the assessment imposed by this chapter shall be made on a quarterly basis from hotels within the City of Lodi. The City of Lodi will collect the assessment on the same form as that used for the collection of Transient Occupancy Tax receipts. Each operator shall, on or before the last day of each quarter, make a report to the Finance Director on forms provided by city of the amount of assessment due for that quarter. The report and amount become delinquent tweny on the last day of the month following the close of each calendar auarter. The full amount of the assessment calculated shall be remitted to the Finance Director at the time the return is filed. The Finance Director may establish shorter reporting or remitting periods for any operator and may require additional information in any return. Returns and payments are due immediately upon cessation of business for any reason. Each return shall contain a declaration under penalty of perjury, executed by the operator or its authorized agent, that, to the best of the declarant's knowledge, the statements in the return are true, correct, and complete. Any operator who fails to remit any assessment imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the assessment in addition to the amount of the assessment. Any operator who fails to remit any delinquent remittance on or before the 15th day of the month following date of the first penalty shall pay a second delinquency penalty of ten percent of the amount of the assessment in addition to the amount of assessment and ten percent penaltyfirst imposed. If the Finance Director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent of the amount of the assessment shall be added thereto in addition to the penalties stated above. In addition to the penalties imposed, any operator who fails to remit any assessment imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of tax, exclusive of penalties, from the date on which the remittancefirst became delinquent until paid. Every penalty imposed and such interest as accrued under the provisions of this section shall become a part of the assessment required to be paid by this chapter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby resolve, determine, and find as follows: Section 1. The recitals set forth herein are true and correct, Section 2. The City Council declares its intention to amend Ordinance 1753, Section 12.07.130, relating to the Levy of Assessment—Collection, Delinquency, and Penalty, changing the delinquent time for the report and amount due from twenty days to the last day of the month following the close of each calendar quarter. Section 3. The time and place for the public hearing to amend Ordinance No. 1753, Section 12.07.130, relating to the Levy of Assessment—Collection, Delinquency, and Penalty, is hereby set for March 16, 2005, at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 4. At the public hearing the testimony of all interested persons for or against the amendment will be heard. Section 5. A protest against the LTBID Ordinance amendment may be made in writing. To count in the majority protest against the LTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests must be received by the City Clerk of the City of Lodi before the close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240 or mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk/City Council at, or prior to, the public hearing. Section 6. If, at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the LTBID that will pay fifty percent (50%) or more of the total assessments of the entire LTBID (Exhibit A), no further proceedings to amend Ordinance 1753 as set forth herein shall occur. New proceedings to amend the LTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. Section 7. Further information regarding the proposed amendment to LTBID Ordinance 1753 may be obtained from the City Clerk, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 8 The City Clerk is instructed to provide notice of the public hearing as follows: a. Publish this Resolution of Intention in a newspaper of general circulation in the City of Lodi once, at least seven (7)Jays before the hearing. b. Mail complete copy of this Resolution of Intention to each and every business owner assessed in the LTBID within seven (7) days of the adoption of this Resolution by the City Council. Section 9. This Resolution is effective on its adoption. Dated: February 16, 2005 I hereby certify that Resolution No. 2005-37 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2005, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS — None V SUSAN J. BLACKSTON City Clerk 2005-37 EXH l T Numbs of Voles Wine and Roses Country Inn 2472 Wine and RosesCaUgitry Inn. LLC Agern for Service of Plrocess : Russel G Munson 2505 W Turner Rd Lodi, CA 95242 Phone: 209-334-6M Bus Tax # : 2121 Del Rancho Motel Ashvin R Patel S01 N Cherokee Ln Lodi, CA 95240 Phone: 209-366-5348 Bus Tax # : 10936 HQ11day Inn Express Daryl G,eweke P©:l§ax 1210 (1140 S Cherokee Ln) LQdI, CA 95241 Phone: 209-334-6422 Bps Tax # : 568 Star Hotel Jay K(Sangrita J Patel 22.$ Main St Lodi, CA 95240 Phone: 209-36102131,209-3613-4122 Sus Tax # : 3407 Budget Inn of Lodi SureshB Patel 917 S Cherokee Ln L661 -CSA 95240 Phone: 209.369-1081 Bus Tax # : 405 178 3237 165 Comfortlnn- Lodi 1783 KFF Management, Inc Agent for Service of Process: Kyu S Kim 118 N Cherokee Ln Lori, CA 95240 Phone: 20,9-367-4848 Bus Tax # : 12851 Lodi El Rancho Motel R& P Propenles. Inc Agent for Service of Process :Ramesh Ptamber 220 Harding By (603 .N Cherokee Ln) 510 Roseville. CA 95678 Phone: 916-783-0961 Bus Tax # : 12126 Yadav & Assoc/Modem Motor Lodge SuniV$hobhana/SushIVSonai Yadav 1050S Cherokee Ln Lodi. CA 95240 Phone: 209.333-8844, 209-333-9812 Bus Tax # . 621 Wine Country inn Shobhana/Surendra FPatel 807 S CherokeeLn Lodi, CA 95240 Phone: 209-368-1152 Bus Tax # : 748 Rancho Grande Motel HasmukhM(Rita Bhakta 607 S Cherokee Ln Lodi, CA 95240 Phone: 209-334-3303 Bus Tax # : 8827 Travelers Hotel GhanshyamA/Mke Patel 112 N School St Lodi. CA 95240 Phone: 209-368-1518 Bus Tax ft: 444 Viking Motel Rakvsrt G/Smits Patef 815 S Cherokee Ln Lodi, CA 95240 Phone: 20a-369-6229 Bus Tax # : 6900 FxHo �! 18 183 55 23 69 Royal Host Inn 1169 Cretan H/Prakash JlPradepkumar/Paresh J Patel 710 5 Cherokee Ln Lodi, CA 95240 Phone: 209-369-8484 Bus Tax # : 760 Irnpenal Hotel MumraiezAhmad 9 W Oak St Lodi. CA 95240 Phone: 209-366-0964, 209-36D-5744 ��1BI A Bus Tax # : 391 Economy inn 124 Ha'sm' uM-dRrta►JayamWafavati Bhakta I 100 S Chemkee Ln Lodi, CA 95240 Phona: 209-368-3778 Bus Tax # : 8256 Main HOW 2 Gunvant Shatka 4 S Main St Lodi, CA 95240 Phone: 208-334-6059 SusTax # :1166 10000 DECLARATION OF POSTING SET PUBLIC HEARING FOR MARCH 16,2005, TO CONSIDER A RESOLUTION OF INTENTION TO AMEND ORDINANCE 1753 On Friday, February 18, 2005, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider approving the Countywide Master Annexation Agreement with San Joaquin County and adoption of the County Facility Fee Program, (attached hereto, marked Exhibit "A) , was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjurythat the foregoing is true and correct. Executed on February 18, 2005, at Lodi, California Kari J. adwick Admini native Clerk N:1Administratioa\CLERKIKJCIUECPOST4.DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk Please immediately confirm receiptSol. 1 cif thisfax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SET PUBLIC HEARING FOR MARCH 16,2005,TO CONSIDER A RESOLUTION OF INTENTION TO AMEND ORDINANCE 1753 PUBLISH DATE: SATURDAY, FEBRUARY22,2005 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, FEBRUARY 17,2005 ORDERED BY: JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK KARI J. C ADW ICK ADMINISTRATIVE CLERK JENNIFER M. PERRIN, CMC DEPUTY CITY CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Faxed to the Sentinel at 369-1084 at (time) on LNS Phoned to confirm receipt of all pages at (time} N:1Administration\CLERKIFORM51Advins4.doc (date) — » iE'„ __Jac_ KJC. ;I�tn� (irk) DECLARATION OF MAILING SET PUBLIC HEARING FOR MARCH 16,2005, TO CONSIDER A RESOLUTION OF INTENTION TO AMEND ORDINANCE 1753 On February 18, 2005, 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 Notice of Public Hearing for march 16, 2005, to consider a resolution of intention to amend ordinance 1753, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit" B attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjurythat the foregoing is true and correct. Executed on February 18, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KART J. ADWICK ADMINI RATIVE CLERK Forms/decmai3.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK Vine & Roses Country Inn Del Rancho Motel Holiday Inn Express tussel G. Munson Ashvin R. Patel Daryl Geweke 505 W. Turner Road 501 N. Cherokee Lane P.O. Box 1210 .odi. CA 95242 Lodi, CA 95240 Lodi. CA 95241 'tar Hotel Budget Inn of Lodi Comfort Inn — Lodi ay KlSangrita J. Patel Suresh B. Patel KFP Management/Kyu S. Kim 2 S. Main Street 917 S. Cherokee Lane 118 N. Cherokee Lane .odi, CA 95240 Lodi, CA 95240 Lodi, CA 95240 .odi EI Rancho Motel Modern Motor Lodge Wine Country Inn t&P Properties/Ramesh Pitamber Yadav & Associates Shobhane/Surendra F. Patel 20 Harding Boulevard 1050 S. Cherokee Lane 607 S. Cherokee Lane toseville. CA 95678 Lodi, CA 95240 Lodi, CA 95240 tancho Grande Motel Traveler's Hotel Viking Motel iasmukh M./Rita Bhakta GhanshyamA.IMita Patel RakeshG.ISmita Patel 107 S. Cherokee Lane 112 N. School Street 815 S. Cherokee Lane .odi, CA 95240 Lodi. CA 95240 Lodi, CA 95240 Zoyal Host Inn Imperial Hotel Economy Inn ',hetan H. Pradepkumar& Paresh Patel MumraiezAhmad Hasmukh/Kalavati Bhakta 10 S. Cherokee Lane 9W. Oak Street 1100 S. Cherokee Lane .odi, CA 95240 Lodi. CA 95240 Lodi, CA 95240 Aain Hotel 3unvant Bhatka 4 S. Main Street .odi. CA 95240 kDVISORY BOARD APPOINTEES kND LCVB: Nine & Roses Country Inn Comfort Inn — Lodi Wine Country Inn Fabitha Freytag Beth Kim Sonny Patel ?505 W. Turner Road 118 N. Cherokee Lane 607 S. Cherokee Lane _odi, CA 95242 Lodi, CA 95240 Lodi, CA 95240 Modem Motor Lodge Frames & Fine Things Wine & Visitors Center Sunil Yadav MaryWallace Kelh Mettler 1050 S. Cherokee Lane 18 W. Pine Street 2545 W. Turner Road _odi, CA 95240 Lodi, CA 95240 Lodi, CA 95242 Jewel Fine Wines Nancy Beckman, Executive Director 3eny Hansen Lodi Conference &Visitors' Bureau 3750 E. Woodbridge Road 2545 W. Turner Road Noodbridge, CA 95258 Lodi, CA 95240 NOTICE OF PUBLIC HfE4RING iIESOLUTION NO. 2005.37 A RESOLUTION OF THE LOW CiTY COUNCIL DiCLARNNIG ITS IHTI[NT1111110M TO��T�s THE LOiN F Lill (L771p} AND METHOD OOF EYYNiO COLL lCV11N* ASSM" imbril S WITHIN THE LTSIO BOIRS WHEREAS, the Lodi City Council adopted a Resolution of Intention No. 2004-191 on September 15, 2004, declaring its intention to establish the Lodi Tourism Business Improvement District (LTBID) and to"and colfftt assessments within the LTBID boundaries; and WHEREAS, the Lodi City Council held a public hearing and introduced Ordinance 1753 tCarnegie o ealish the LTBID and the levy of the assessments ph October 6, 2004, at 7:00 p.m. at Fonar, 305 West Pine Street, Lodi, California; and WHEREAS, the Lodi City Council adopted Ordinance 1753 on October 20, 2004, which took effect on January 1, 2005; and WHEREAS, Ordinance 1753 establishes that LTBID assessments are delinquent if not paid within twenty days after they are due; and WHEREAS, Lodi Municipal Code Chapter 3.12, "Transient Occupancy Tax," establishes that Transient Occupancy Taxes are delinquent if not paid within one month after they are due; and WHEREAS, it would be convenient for the assessment of both fees to be due atthe same time; and WHEREAS, the Lodi City Council now desires to amend Ordinance 1753, Section 12.07.130 as follows: Section 12.07.130:Levy of Assessment --Collection, Delinquency, and Penalty, The collection of the assessment imposed by this chapter shall be made on a quarterly basis from hotels within the City of Lodi. The City of Lodi will collect the assessment on the same form as that used for the collection of Transient Occupancy Tax receipts. Each operator shall, on or before the last day of each quarter, make a report to the Finance Director on forms provided by city of the amount of assessment due for that quarter. The report and amount become delinquent twenty on the last day of the month following the close o1 each calendar quelrler. The full amount of the assessment calculated shall be remitted to the Finance Director at the time the return Is filed. The Finance Director may establish short- er reporting or remitting periods for any operator and may require additional information in any return. Returns and payments are due immediately upon cessation of business for any reason. Each return shall eonlaln a declaration under penalty of pegUry, executed by the operator or its authorized agent, that, to the best of the declarant's knowledge, the state- ments in the return are true, correct, and complete. Any operator who fails to remit any assessment imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the assessment in addition to the amount of the assessment. Any operator who fails to remit any dettnquent remittance on or before the 1511) day of the month following date o1 the first penalty shall pay a second delinquency penalty of ten percent of the amount of the assessment in addition to the amount of assessment and ten percent penalty first imposed. It the Finance Director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of Iwentyfive percent of the amount of the assessment shalt be added thereto in addition to the penalties stated above. In addition 10 the penalties imposed, any operator who fails to remit any assessment imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount Of tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. Every penalty imposed and such interest as accrued under the provisions of this sectio shall become a part of the assessment required to be paid by this chapter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodl doe hereby resolve, determine, and find as follows: $egtlgn 1.The recitals set forth herein are true and correct. aecliW The City Council declares its intention to amend Ordinance 1753, Section 12.07.130, changing he delinquentto ti me fohe r the report and amount dueof Assessment --- t om twenty days to the last dand a of the month following the close of each calendar quarter. tiQ i The time and place for the public hearing to amend Ordinance No. 1753, Sectioi 12.07.130, relating to the Levy of Assessment --Collection, Delinquency, and Penalty, k Forum, hereby $et for March 16, 2005, at 7:00 p.m., at the Carnegie 305 West Piro Sheat, Lodi, California, Statk 4•n t iVhe public hearing the testimony of all interested persons for or aoainst the amandma saoli➢a,rLA protest against the LTBID Ordinance amendment maybe made in writing. To count in the majority protest against the LTBID, a protest must be in writing. A written protest maybe withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person sign- ing the protest is interested. sufficient to identity the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi as the owner of the business. then the protest shall contain or be accompanied by written evidence that the per- son Is the owner of the business. Any written protest as to the regularity or evidence of the proceedings Shaft be in writing and clearly state the irregularity or detect to which objection is made. Written protests must be received by the City Clerk of the City of Lodi before the Close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street. Lodi, California, 95240 or mailed to the City Clerk at P.C. Oax 3006. Lodi. CA 95241 All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed. it shalt be the restaonsaAlty pl the penton needing one. it you challenge the proposed anion in court, you may be limited to raislrrg only those issues you or someone else raised at the public hearing described in this notice, w in writ- ten correspondence delivered to the City Clerk/City Council at, or Prior to, the public hear - i5 Secjim 6.1f, at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the LTBID that will pay fifty percent (50%) or more of the total assessments of the entire LTBID, no Iurlher proceedings to amend Ordinance 1753 as at forth herein shall occur. New proceedings to amend the LTBID shalt not be under- taken again for a period of at least one (1) year from the dale of the finding of the majority written protest by the City Council. ecl on 7. Further information regarding the proposed amendment to LTBID Ordinance 1753 may be obtained from the City Clerk, City of Lodi. 221 West Pine Street, Lodi, California 95240. GijonS.Tha City Clerk is instructed to provide notice of the public hearing as follows; a.Publish this Resolution of Intention in a newspaperof general circulation in too City of Lod once. at least seven (7) days before the hearing. b.Mait complete copy of this Resolution of intention to each and every business owner assessed in the LTBID within seven (7) days of the adoption of this Resolution by the City Council. Section 9.This Resolution is effective on its adoption Dated'. February 16, 2005 herebycertity that Resolution No. 2005-37 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2005. by the lollowing vole: AVES COUNCILMEMBERS- Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOESCOUNCILMEMBERS - None ABSENTCOUNCIL MEMBERS- None ABSTAIN:COUNCIL MEMBERS- None SUSAN) BLACKSTON City Clerk Approved as to form D StephenSchwabauer City Attorney February 22, 2005 —7549 NOTICE OF PUBLIC HEARING RESOLUTIONNID. 2005-37 A RESOLUTION OF TM LODI CITY COUNCIL DECLARING ITS INTENTION TO AMEND ORDINANCE 1753. WHICH ESTABLISHESTHE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT fill AND METHOD OF LEVYING AND COLLECTING ASSESSMENTS WITHIN THE LTBID BOUNDARIES WHEREAS, the Lodi City Council adopted a Resolution of Intention No. 2004.191 on September 15. 2004. declaring its intention to establlsh the Lodi Tourism Business Improvement District (LTBID)and to levy and collect assessments within the LTBID boundaries: and WHEREAS. the Lodi City Council held a public hearing and introduced Ordinance 1753 to establishthe LTBID and the levy of the assessmentson October 6, 2004, at 700 p,m, at the Carnegie Forum. 305 West Pine Street, Lodi, California;and WHEREAS, the Lodi City Council adopted Ordinance 1753on October 20, 2004, which took effect on January 1, 2605, and WHEREAS, Ordinance 1753 establishes that LTBID assessments are delinquent it not paid within twenty days alter they are due; and WHEREAS, Lodi Municipal Code Chapter 3.12, 'Transient OccupancyTaK establishes that Transient Occupancy Taxes are delinquent it not paid within one month after they are due: and WHEREAS, it would be convenient for Ind assossment of both lees to be due at the same time; and WHEREAS, the Lcdi City Council now desires to amend Ordinance 1753, Section 12.07.130 as follows: Section 12.07.130:Levy of Assessment --Collection, Delinquency. and Penalty. The collection of the assessment imposed by this chapter Shall be made on a quarterly basis from hotels within the City of Lodi. The City of Lodi will collect the assessment on the Same form as that used for the collection of Transient Occupancy Tax receipts. Each operator shall, on or before the last day of each quarter, make a report to the Finance Director on forms provided by city of the amount of assessment due for [hat quarter. The report and amount become delinquent twenty 9rt She last chic of the month following the close 0 each calendar91jilrial The full amount of the assessment calculated shah be remitted to the Finance Director at the time the return is filed. The Finance Director may establish short- er reporting or remitting periods for any operator and may require additional information in any return Returns and paymentsate due immediately upon cessation of business for any reason. Each return Shall contain a declaration under penally of perjury. executed by the operator or its authorized agent. that. to the best of the declarant's knowledge. the state- ments in the return are true. correct. and complete. Any operator who fails to remit any assessment imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the assessment in addition to the amount of the assessment. Any operator who fails to remit any delinquent remittance on or before the 15th day of the month following date of, the first penalty shall pay a second delin- quency penalty of ten percent of the amount of the assessment in addition to the amount of assessment and ten percent penalty first imposed. it the Finance Director determines that the nonpayment of any remittance due under this chapter is due Io fraud, a penally of twenty -live percent of the amount of the assessment shall be added thereto in addition to the penalties stated above. In addition to the penalties imposed. any operator who fails to remit any asSessment imposed by this chapter shall pay interest at the late of one percent par month or fraction thereof on the amount of tax. exclusive of penalties, from the date on which the remittance first became delinquentuntil paid. Everypenalty imposed and such interest as accrued under the provisionsof this section shal I become a part of the assessment required to be paid by this chapter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby resolve, determine. and find as follows: Section 1.The recitals set forth herein are true and correct. Section 2.The City Council declares its intention to amend Ordinance 1753, Section 12.07.130, relatingto the Levyof Assessment—Colloction, Delinquency. and Penalty, chang- ing the delinquent time for the report and amount due from twenty days to the last day of the month following the close of each calendar quarter. Section 3.The time and place for the public hearing to amend Ordinance No. 1753, Section 12.07.130, relating to the Levy of Assessment—Colloclion, Delinquency. and Penalty, is hereby set for March 16, 2005, at 7:00 p.m., at the Carnegie Forum. 305 West Pine Street, Lodi, California. Section 4.At the public hearing the testimony of all interestedpersons lot or against the amendment will be heard. 22Qjjgi protest against the LTBID Ordinance amendment may be made in writing. To count in ft majority protest against the LTBID, a protest must be In writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written proteet shall contain a written description of the business in which the person signing the protest is Interested, sufficient to Identify the business and its address. If the person sign- ing the protest I9 not shownon the official records of the City of Lodi as the owner of the busi- ness, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the pro- ceedings shall be In wilting and clearly state the irregularity or defect to which objection is made. Written protests must be received by the City Clerk of the City of Lodi before the close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240 or mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241 Ail proceedings before the City Council are conducted in English. The City of Lodi does notfumish interpreters, and. if one is needed. it Shall be the responsibilityof the parson need- ing one. If you challenge the proposed action in court, you may be limited to raising only those issuesyou or someone else raised at the public hearing described in this notice. or in writ- ten correspondence deliveredto the City Clark/City Councilat, or priorto. the public hearing, gni Q It, at the conclusion of the pi hearing, there are of record, written protests by the owners of the businesses within the LTBID that will pay fifty percent (50%) or more of the Iota] assessments of the entire LTBID, no further proceedings to amend Ordinance 1753 as set forth herein shall occur. New proceedings to amend the LTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council Section 7. Further information regarding the proposed amendment to LTBID Ordinance 1753 may be obtained from the City Clerk. City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 8-Th8 City Clerk is instructed to provide notice of the public hearing as follows: a Publish this Resolution of Intention in a newspaper of general circulation in the City of Lodi once, at least seven (7) days before the hearing. b.Mail complete copy of Ihis Resolutionof Intention to each and every business owner assessed in the LTBID within seven (7) days of the adoption of this Resolution by the City Council. Section 9This Resolutionis effective on its adoption Dated: Februaryl6 2005 1hereby cell ify that Resolutiol 2005-37 was passed and adopted by the City Council of the City of Lodi in regularm eating held February 16, 2005, by the following vote: AYES COUNCILMEMBERS- Hanson, Hitchcock. Johnson. Mounts, and Mayor Bookman NOES:000NCIL MEMBERS- None ABSENTCOUNCIL MEMBERS- None ABSTAIN:COUNCIL MEMBERS- None SUSAN J. BLACKSTON City Clerk Approved as to form: D. Stephen Schwabauer City Attorney February 19.23.2005 —7549 F ROOF OF PUBLICATION (2015.5 C.C.C.P.) STATE OF CALIFORNIA County of San Joaquin I an a citizen of the United States and a resident of the County aforesaid I am over the age of eighteenyears and not a party to or interested in the above entitled matter. I am the principal clerk ofthe printer of the Lodi News -Sentinel, a newspaper ofgeneral circulation,printed and published daily except Sundays and holidays, in the City of Lodi, Califomia,County of San Joaquin and which newspaper had been adjudicateda newspaper of general circulationhy the Superior Court, Department 3, of the County of San Joaquin, State of California, under the date of May 26th, 1953. Case Number 65990; that the notice of which the annexed is a printed copy (set in type not smaller than non-pareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereto on the following dates to -wit: February 24th all in the year 2005 [ certify (or declare) under the penalty ofper ury that the foregoing is true and correct. 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