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HomeMy WebLinkAboutAgenda Report - April 6, 2005 L-01AGENDA ITEM L-01 CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA.TITLE: Ordinance No. 1756 entitled, "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, Relatingto Lodi Tourism Business Improvement District Levy of Assessment—Collection, Delinquency, and Penalty" MEETING DATE: April 6,2005 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1756. BACKGROUND INFORMATION: Ordinance No. 1756 entitled, "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" was introduced at the regular City Council meeting of March 16, 2005. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required – one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting: except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code§ 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code§ 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: FUNDING AVAILABLE: SJB/JMP Attachment None. None required. Susan J. Blackstah City Clerk APPROVED: Z= Blair Ki6e_-, City Manager council/councomlOrdinance 1.doe ORDINANCE NO. 1756 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, relatingto LodiTourism Business ImprovementDistrictLevyofAssessment--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 usedfor the collection of Transient Occupancy Tax receipts. Each operator shall, on or before the last day of each quarter, make a reportto the Finance Directoron forms provided bycityof the amountof assessment due for that quarter. The reportand amount becomedelinquenton the lastdayof 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 chapterwithin the time required shall pay a penaltyof 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 penaltyshall pay a second delinquency penalty of ten percentof the amountof the assessment in addition to the amount of assessment and ten percent penalty first imposed. Ifthe Finance Directordetermines that the nonpaymentof any remittancedue 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 operatorwho 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. 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 liabilityfor damages, except as otherwise imposed by law. Section 3. All ordinances and parts of ordinances in conflict herewith are repealed insofaras such conflict may exist. Section 4. This ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaperof general circulation printed and published in the Cityof Lodi and shall be inforce 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 6t' day of April, 2005. h';H4N BECKMAN Mayor I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1756was 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 April 6, 2005, bythe following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— Hitchcock ABSTAIN: COUNCIL MEMBERS—Mayor Beckman I further certify that Ordinance No. 1756 was approved and signed by the Mayor of the date of its passage and the same has been published pursuantto law. SUSAN J. BLACKSTON City Clerk A roved as to Form: D. STEPHEN SCHWABAUER City Attorney DECLARATION OF MAILING TRANSMITTAL LETTER AND ORDINANCE AMENDING LMC 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 On April 19, 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 transmittal letter and ordinance amending LMC Title 12 — Streets, Sidewalks, and Public Places, Section 12.07.130, relating to Lodi Tourism Business Improvement levy of assessment— collection, delinquency, and penalty, 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 April 19, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KARI J. CHADWICK ADMINISTRATIVE CLERK Forms/decmail.dce ORDERED BY: T% SUSAN BLACKSTON CITY CLERK, CITY OF 1_01131"'1 11 „ ; �' NIFER PERRi1V DEPUTY CI CLERK CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK. Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6702 FAX (209) 333-6607 citycirk@lodi.gov April 19, 2005 BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney 1 EXH161T Al To: Members of the Lodi Tourism Business Improvement District Advisory Board RE: ORDINANCE 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 The Lodi City Council, at its meeting of April 6, 2005, adopted the enclosed Ordinance No. 1756 amending Lodi Municipal Code Section 12.07.130 relating to Lodi Tourism Business Improvement District levy of assessment. Should you have any questions, please feel free to contact my office. Sincerely, A Susan J. Blackston City Clerk SJB/JMP cc: Nancy Beckman, Executive Director, Lodi Conference and Visitors Bureau Enclosure fauowup1rrour;smBro.doc ORDINANCE NO. 1756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODIAMENDING 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 CF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Title12 Streets, Sidewalks, and Public Places, Section 12,07.130, relatingto 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 assessmenton 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 reportto 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 penaltyof 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 bythis chapterwithin the time required shall pay a penaltyof ten percentof 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 penaltyshall paya second delinquency penalty of ten percentof the amount of the assessment in addition to the amount of assessment and ten percent penalty first imposed. If the Finance Director determ i nesthat the nonpaymentof any remittancedue 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 operatorwho 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 Mandatow 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 propertywithin the City or outside of the City so as to provide a basis of civil liabilityfor damages, except as otherwise imposed by law. Section a All ordinances and parts of ordinances in conflict herewith are repealed insofaras such conflict may exist. Section 4. This ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaperofgeneral 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: _T_ low I �m • SUSAN J. BLACKSTON City Clerk State of California County of San Joaquin, ss. Approved this a day of April, 2005. HN BECKMAN Mayor (,Susan J. Blackston, City Clerk of the City of Lodi, do hereby certifythat Ordinance No. 1756was 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 April 6, 2005, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— Hitchcock ABSTAIN: COUNCIL MEMBERS— Mayor Beckman Ifurther certify that Ordinance No. 1756 was approved and signed by the Mayor of the date of its passage and the same has been published pursuantto law. SUSAN J. BLACKSTON City Clerk A roved as to Form: D. STEPHEN SCHWABAUER City Attorney The foregoing decd •.:r.t is certified to be a correct copy ofthe original on file in the City Clerk'sOffice. Jennifer M. Perrin, Deputy City Clerk, City of Lodi 13y: , Dated. 41 41Jos A HIBIT B MAILING LIST ORDINANCE 1756AMENDING LMCTITLE 12—STREETS, SIDEWALKS, AND PUBLIC PLACES, SECTION 12.07.130, RELATINGTO LODI TOURISM BUSINESS IMPROVEMENT DISTRICT LEVY OF ASSESSMENT —COLLECTION, DELINQUENCY, AND PENALTY Tabitha Freytag Wine and Roses Country Inn 2505 W. Turner Road Lodi, CA 95242 Beth Kim Comfort Inn 118 N. Cherokee Lane Lodi, CA 95240 Sonny Patel Wine Country Inn 607 S. Cherokee Lane Lodi, CA 95240 Sunil Yadav Modern Motor Lodge 1050 S. Cherokee Lane Lodi, CA 95240 MaryWallace Frames and FineThings 18 W. Pine Street Lodi. CA 95240 ps"l-(� �t '�.7 ;ark Kelli Mettler Lodi Conference and Visitors Bureau 2545 W. Turner Road Lodi, CA 95242 Betty Hansen Jewel Fine Wines 3750 E. Woodbridge Road Woodbridge, CA 95258 Nancy Beckman, Executive Director Lodi Conference and Visitors Bureau 2545 W. Turner Road Lodi, CA 95240