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1993-023-Renew And Redefine The Business Improvement Area Known As The Downtown Los Gatos Business Improvement District To Levy And Collect Assessments And The Levy And Collect Assessments For Fiscal Year 1993RESOLUTION 1993 -23 RESOLUTION OF INTENT OF THE TOWN OF LOS GATOS TO RENEW AND REDEFINE THE BUSINESS IMPROVEMENT AREA KNOWN AS THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1993 AND AMENDING ORDINANCE 1876 WHEREAS, Streets and Highways Code Section 36500 et sea. (the "Act ") authorizes cities to establish business improvement areas for the purpose of imposing benefit assessments and charges on businesses therein for certain enumerated purposes; and WHEREAS, the Los Gatos Downtown Business Improvement District (the 'District ") was established by the Town Council as such an improvement district; and WHEREAS, the District has filed an annual report for fiscal year 1992 as required by Streets and Highways Code Section 36500 et sea. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS: 1. The recitals set forth above are true and correct. 2. In response to the request of the Board of Directors of the District, the Council hereby declares its intention to continue the Downtown Los Gatos Business Improvement District (the 'District "). 3. The Council hereby declares its intention to change boundaries of in the District and the boundaries of each separate benefit zone as set forth in Exhibit A and legally described in Exhibit B, attached and incorporated here by reference. 4. The types of improvements and activities authorized Ordinance 1876 to be funded by the levy of assessments on businesses in the District are as follows: a. The acquisition, construction, installation, or maintenance of certain tangible property with an estimated useful life of five years or more including, but not limited to visitor amenities such as benches and water fountains. b. Activities including, but not limited to, the following: (1) Maintenance and enhancement of District public areas (a) Encourage the Town of Los Gatos to carry out programs that include physical clean -up of streets and sidewalks and sidewalk steam cleaning on a regular basis. (b) Plant downtown trees, shrubs, flowers, and plants downtown 1 (2) Commercial Marketing /District Advertising - Image Building Campaign - Create an institutional, long term, image - building campaign - Design and implement a campaign to encourage community shopping in Los Gatos rather than in nearby malls and competing commercial districts - Create and implement an annual program of downtown - oriented retail events and activities - Coordinate closely with Chamber of Commerce regarding overall, Town -wide marketing plan Establish Commercial Recruitment and Retention Program that will actively seek the most suitable new businesses to fill existing vacancies or vacancies as they occur. Aggressive recruitment of most desired new businesses will be pursued by creation and production of a marketing package, which may include a video. Provide support services to existing businesses in the form of small business assistance financing and merchandising seminars in coordination with the Chamber of Commerce. During the current period of downtown parking shortages, this program will assist with the development of a shuttle service to act as a people mover throughout the year for both customers and employees. The shuttle service will provide free transportation to all persons throughout an expanded service area in coordination with other Los Gatos marketing groups. The proposed changes for 1993 are: a. Marketing The entire 1993 marketing budget of $45,000 will be used to continue the long -term image building campaign scheduled to begin in November of 1992. Newspaper and radio will be utilized to promote a positive image of downtown Los Gatos. The 1992 theme of 'Discover The Los Gatos Experience... Downtown" will be prominent in all advertising. b. Beautification The Beautification Committee has adopted the following program: Improve the appearance of newspaper racks Continue to provide flowers for business owners Continue the electrolier banner program with seasonal banner changes 2 C. Administration Considerable administrative time was devoted to first year start -up activities. Similar activities are not anticipated in 1993 so the administrative budget percentage amount has been reduced 5 %. d. Delete shuttle program. 5. A copy of a report detailing the activities for the fiscal year 1993 is on file with Town Clerk. 6. The Town Council intends to levy a benefit assessment in 1993 to pay for all improvements and activities within the area except where funds are otherwise available from other sources. The method and basis of levying the assessments on all businesses, trades, professions and vendors within the District is set forth in Exhibit D, attached hereto and incorporated herein by reference. The Town Council specifically intends to amend Section 1.015 of Ordinance Number 1876 to change the definitions reflected in Exhibit E, and to add Business Types 5 and 6 to Section 1.020 as set forth in Exhibit D. The proposed budget for fiscal year 1993 is set forth in Exhibit C and incorporated here by reference. 8. The Town Council does not intend to exempt new businesses from the levy of the assessment. 9. A public hearing shall be held before the Town Council on March 1, 1993 at 7:30 p.m., or as soon thereafter as this matter may be heard in the Town Council Chambers, City Hall, 110 East Main Street, Los Gatos, regarding the levy of assessments for fiscal year 1993, the change in District boundaries, the change in definition of businesses and the change of Benefit Zones. 10. Protests may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the preceding shall be made in writing. Written protest shall be filed with the Town Clerk at or before the time fixed for the public hearing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the Town as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. 11. Further information regarding the proposed changes to the District and a copy of the Annual Report for fiscal year 1992 may be obtained from the Town Clerk at Town Hall, 110 East Main Street, Los Gatos, and from the BID Board, Joe Hargett, President (Phone: 408/395- 3185). The Annual Report contains a full and detailed description of the improvements and activities to be provided for fiscal year 1993, the boundaries of the area and any benefit zones within the area, and the proposed assessments to be levied upon the businesses within the area for fiscal year 1993. 12. The Town Clerk is instructed to provide notice of the public hearing by publishing the resolution of intention in a newspaper of general circulation in the Town once, at least 7 days before the public hearing. 13. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of February, 1993 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Joanne Benjamin NAYES: None ABSENT: None ABSTAIN: None SIGNED: OR OF THE TOWN LOS GATOS L S GATOS, CALIFORNIA ATTEST: c"?� t i CLERK OF THE TOWN OF I?mS GATOS LOS GATOS, CALIFORNIA 11 Revised District Zones of Benefit General Boundaries ZONE A N. Santa Cruz Ave. South of Saratoga Ave., and including portions of Saratoga Ave., to W. Main St. S. Santa Cruz Ave. from W. Main St. to Broadway and all of Montebello. The NE side of W. Main St., beginning at the SE boundary of the parcel at the NE corner of Tait Ave., and the SW side of W. Main St., beginning at the NE boundary of the 4th parcel from S . Santa Cruz Ave. to E. Main St. University Ave. from W . Main to Mullen St. including the parcel at the NE corner of University Ave. and Mullen Ave. Victory Lane. Elm St. Grays Lane. Royce St. from N. Santa Cruz to Boone St. The SW side of Bachman Ave. from Victory Lane and the NE side of Bachman Ave. from the NW boundary of the 1st parcel NW of N. Santa Cruz Ave. to Boone St. and including on the NE side of Bachman Ave. the 6th parcel from N. Santa Cruz Ave., The SW side of Almendra Ave. from Tait Ave. excluding the 6th and 10th parcels from N. Santa Cruz Ave. and the NE side of Almendra from Tait Ave. excluding parcels 3 through 7 from Tait Ave. The NW, NE, SW & SE corners of Saratoga Ave. ZONE B Village Lane except those parcels facing Station Way. Petticoat Lane. The NW side of University Ave. beginning at Bachman Ave. to Saratoga Ave. excluding the 3rd through 6th parcels from Saratoga Ave. N. Santa Cruz Ave. to the beginning of Zone A at the intersection of N. Santa Cruz and Saratoga Ave. Those parcels on the East side of N. Santa Cruz Ave. from the end of Zone A at the intersection of Saratoga Ave. and N. Santa Cruz to the parcel located at the northeast corner of Andrews Street. The west side of N. Santa Cruz Ave. from the end of Zone A at the intersection of Saratoga Ave. and N. Santa Cruz to and including the 2nd parcel from Saratoga Ave. The south side of E. Main St. from W. Main St. to Pageant Way. and the north side of E. Main St. from W. Main St. to the second parcel West of Church Street. EXHIBIT B BUSINESS IMPROVEMENT DISTRICT PROPOSED 3 -YEAR BUDGET PLAN Year 1 Year 2 Budget Item Marketing $45,000 60% $45,000 60% Beautification $15,000 20% $15,000 20% Administration/ Communication $15.000 20% $15.000 20% Total $75,000 $75,000 Year 3 $45,000 60% $15,000 20% $15.000 20% $75,000 EXHIBIT C DOWNTOWN LOS Or `TOS BUSINESS IMPROVEN"rNT DISTRICT ANNUAL PtSSESSMENT FORMULA MA. AIX BUSINESS TYPE ZONE A ZONE B I *TYPE 1 $350 *TYPE 1 $175 *TYPE 2 $500 *TYPE 2 $250 SERVICE BUSINESSES, BANKS & FINANCIAL *TYPE 3 $250 *TYPE 5 $125 *TYPE 4 $125 *TYPE 5 $ 62.50 PROFESSIONALS *TYPE 4 $125 *TYPE 6 $ 62.50 *TYPE 4 $ 75 *TYPE 6 $ 37.50 *TYPE 1 is 1 -9 retail employees 1 -15 restaurant employees (full -time equivalent) *TYPE 2 is 10+ retail employees 16+ restaurant employees (full -time equivalent) (restaurants in "non- standard" locations will be assessed at one -half the rate identified above) *TYPE 3 & 4 Service Business, Banks and Financial in standard locations *TYPE 5 and 6 are Service or Professional Business located in a "non- standard" location * Push Carts are to be assessed at one -half the Town business license rate. Business Types definitions: Retail: The buying and re- selling of tangible goods Restaurant or Bar: Selling prepared foods or drink Services, Banks, & Financial: Businesses that sell services. Examples are repair shops that do not sell goods, insurance offices, contractors, auto repair, realtors, banks, savings & loans, title companies, etc. Professionals: Includes engineering firms, architects, attorneys, dentists, optometrists, physicians, beauty and barber shops, etc. RECOMMENDED REVISION TO SECTION 1.015 (b) Professional: 'Professional' includes attorneys, architects, engineers, surveyors, physicians, dentists, optometrists, chiropractors, and other in a medical /health service field, consultants, real estate brokers, and leasing agents, laboratories (including dental and optical), hearing aid services, artists and designers, banks and savings and loans, event coordinators, barber shops, beauty shops, photographers, personal care facilities, graphic designers, etc. (e) Service Business/ Banks & Financial: "Service" business include general office, news and advertising media, printers, , contractors /builders, service stations, repairing and servicing business, leasing businesses, utilities, vending machine businesses, banks, savings and loans, and other similar businesses not otherwise defined as professional, Retail Businesses, or Restaurants. EXHIBIT E