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Home My WebLink AboutAgenda Report - March 16, 2005 I-01 PHAGENDA ITEM 1101 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to consider amending Ordinance Number 1753, which establishes the Lodi Tourism Business Improvement District (LTBID) and method of levying and collecting assessments within the LTBID boundaries. MEETING DATE: PREPARED B Y March 16,2005 Finance Director RECOMMENDED ACTION: Council hear public testimony regarding the amending of Ordinance No. 1753, Section 12.07.130 relating to the Levy of Assessment— Collection, Delinquency, and Penalty, and introduce amendments to Ordinance No. 1753. 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 payment of the LTBID assessment and Transient Occupancy Taxes it is necessary to amend Ordinance 1753, Section 12.07.130, which establishes the delinquency date for payments of the LTBID assessments. Council adopted 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 The Council took action on February 16, 2005 to set the time and date for public hearing for that purpose and now is the time and place to hear testimony on the amendment of Ordinance 1753, Section 12.07.130 FISCAL IMPACT: FUNDING AVAILABLE: JRW Attachments cc: Nancy Beckman, LCVB Z Not applicable. mes R. Krueger, Finance Director APPROVED: Blair Ki g, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 12 - STREETS, SIDEWALKS AND PUBLIC PLACES, SECTION 12.07.130 RELATING TO LODI TOURISM BUSINESS IMPROVEMENT DISTRICT LEVY OF ASSESSMENT—COLLECTION, DELINQUENCY, AND PENALTY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Title12 Streets, Sidewalks and Public Places, Section 12.07.130 relating to Lodi Tourism Business Improvement District Levy of Assessment—Collection, Delinquency, and Penalty, is hereby amended 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 on the last day of the month following the close of each calendar quarter. 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 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 remittance first 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. Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 4. This ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Attest: SUSAN J. BLACKSTON City Clerk State of California County of San Joaquin, ss. Approved this day of , 2005. JOHN BECKMAN Mayor I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held March 16, 2005, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2005, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further certify that Ordinance No. was approved and signed by the Mayor of the date of its passage and the same has been published pursuant to law. SUSAN J. BLACKSTON City Clerk Approved as to Form: D. STEPHEN SCHWABAUER City Attorney PROOF OF PUBLICATION (2015.5 C,C,CP,) 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 eighteen years and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, printed and published daily except Sundaysand holidays, in the City of Lodi, California, Countyof San Joaquin and which newspaper had been adjudicated a newspaper of general circulationby 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 smallerthan 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 zoos, I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Lodi, California, this 24th day of Feb iy; 400$ .....C� t.S .,....... _................ Signature This space is forthe County Clerk's Filing Stamp Proof of Publicationof dotice of Public Hearing ;ity ofLodi, Resolution No. 2005-37 KAMM:oi� PON"* Lw4M� II4MoluRAPN M rt•. i 141909 •i +w+w«Fnr. io 00afth *01 Lad PH 40, ra .r...n.w wee In AW WMMM4 1. L d.0 F 0010 i pbd Qdk- ,7A —04*W 90:.WK MIM SUBJECT: Please immediately confirm receipt df this fax by calling 333-6.702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SET PUBLIC HEARING FOR MARCH 16,2005, TO CONSIDER A RESOLUTION OF INTENTION TO AMEND ORDINANCE 1753 PUBLISH DATE: SATURDAY, FEBRUARY 22,2005 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 KART J. PqADWICK ADMINI RATIVE CLERK JENNIFER M. PERRIN, CMC DEPUTY CITY CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! F1' X 0464l't S ht `at 369 1084 at fame) on to N:\Administration\CLERKIFORMS\Advins4.doc NOTICE OF PUBLIC HEARING 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 12.07.130: 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 Wen on the last day of the month following the close of each calendar quarter. 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 declarants 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 nonpaymentof 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 v SUSAN J. BLACKSTON City Clerk 2005-37 EJCt- OI.T. A Number of Votes Wine and Roses Country Inn 2472 Wltie and Roses Couity Inn, LLC A*A for Service of Ptocess :RusselGmunson 2505 WTumer Rd Lodi, CA 95242 phone,- 209-334-698B Bus Tax # : 2121 DDI Rancho Motet Ashvin R Patel 501 N LCherokee Ln Lod); CA 85240 Phone: 209-368-5348 Btft Tax # : 10836 HQrday Inn Express Daryl Geweke PO Sox -1210 (1140 5 Cherokee Ln) Lodi, CA 95241 Phone: 209.334-6423 Qus Tax # : 568 Star Hotel JayKlSangrlta u Patel 22 R Main St Lodi,.CA 95240 Phone: 209-365-3261,209-368-4122 Bus Tax # : 3467 Budget Inn of Lodi Suresh B Patel 917 S Cherokee Ln Lodi; CA 95240 Phone: 209-368-1091 Bus Tax # : 495 178 3237 165 Comfort Inn- Lodi 1783 KFP'Management, Inc Agent for Service of Process : Kyu 3 Kim 118.N Cherokee Ln IAA CA 85240 Phone: 209-3674848 Bus Tax # : 12851 Lodi EI Rancho Motel R & P Properties. Inc Agent for Service ofPi^ocess :RameshPkamber 220 Harding By (603 -N Cherokee Ln) 510 Roseville, CA 95678 Phone: 916-783-0961 Bus Tax# : 42126 Yadav & Assoc/Modem MQtor Lodge SunW$hobhana/Sush1VSona1 Yadav 1050 S Cherokee Ln Lodi, CA 95240 Phone: 209-333-8844, Z09-333-9812 Bus Ta X # : 621 Wine Country Inn Shobhana/Surendra FPate! 807 S Cherokee Ln Lodi, CA 95240 Phone: 209-388-1 152 Bus Tax # : 748 Rancho Grande Motel Hasmukh MlRita Bhakta 807 5 Cherokee Ln Lodi. CA 95240 Phone: 209-334-3303 Bus Tax # : 8627 Traveler'sHotel Gh6-nshyam AN#a Patel 112N School St Lodi. CA 95240 Phone: 209-368-1518 Bus Tax # : 444 Viking Motel Rakesh G/$mita Patel 815 S Cherokee Ln Lodi, CA 95240 Phone: 209-369-6229 Bus Tax # : 6900 18 1 a3 55 23 We Royal Host Inn 1169 Chelan HfPrakash J/Pradepkumar/Paresh J Patel 710 5 Cherokee Ln Lodi, C4 95240 Phone: 209-389-8484 Bus Tax # : 760 Imperial Hotel Mumraiez Ahmad 9 W Oak St Lodi, CA 95240 Phone: 209-366-0964,209-369-5744 EXHIBITS A4 Bus Tax # : 391 Eco lomy Inn 124 HasmukhlRita/JayantilKaiavati Bhakta 1100 S Cherokee Ln Lodi, CA 95240 Phone: 209-368-3778 Bus Tax # : 8256 Maln Hotel Gurn+ant Shatka 4 S Main St Lodi, CA 95240 Phone: 200-334-6059 Bu9Tax # : 1166 DECLARATION OF POSTING SET PUBLIC HEARING FOR MARCH 16,20-05, TO CONSIDERA 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 perjury that the foregoing is true and correct. Executed on February 18,2005, at Lodi, California Kari J. dwick Admini ative Clerk N:1Administration\CLERK\KJCIDECPOST4.DGC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk 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. declare under penalty of perjury that the foregoing is true and correct. Executed on February 18, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KAKI J. ADWICK ADMINISTRATIVE CLERK Fors/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LO DI JENNIFER M. PERRIN DEPUTY CITY CLERK Vine & Roses Country Inn Del Rancho Motel Holiday Inn Express ussel 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 K/Sangrita 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 Shobhana/Surendra F. Patel 20 Harding Boulevard 1050 S. Cherokee Lane 607 S. Cherokee Lane loseville. CA 95678 Lodi, CA 95240 Lodi, CA 95240 Zancho 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 Mumraiez Ahmad Hasmukh/Kalevati Bhakta ' 10 S. Cherokee Lane 9 W. Oak Street 1100 S. Cherokee Lane .odi, CA 95240 Lodi, CA 95240 Lodi, CA 95240 Oain Hotel 3unvant Bhatka 4 S. Main Street .odi, CA 95240 ADVISORY BOARD APPOINTEES AND LCVB: Nine & Roses Country Inn Comfort Inn — Lodi Wine Country Inn rabitha Freytag Beth Kim Sonny Patel 2505 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 Kelli Mettler 1050 S. Cherokee Lane 18W. Pine Street 2545 W. Turner Road Lodi, CA 95240 Lodi. CA 95240 Lodi, CA 95242 Jewel Fine Wines Nancy Beckman, Executive Director Betty Hansen Lodi Conference& Visitors' Bureau 3750 E. Woodbridge Road 2545 W. Turner Road Woodbridge, CA 95258 Lodi, CA 95240