1993-007-Renew And Redefine The Business Improvement Area Known As The Downtown Los Gatos Business ImprovementRESOLUTION 1993 -7
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
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 fife 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
(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. Marketine
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
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.
7. 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 4th day of January, 1993 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin
NAYES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SIGNED.
YOR OF THE TO OF LOS GATOS
LOS GATOS, CALIFO IA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
w
Z
Z
a
x
U
1993
DOWNTOWN
LOS GATOS
BUSINESS
IMPROVEMENT
DIST RICT
B.I.D. AREA "A"
' B.I.D. AREA "B"
Not to Scale
v ��G�i� I�1Y Ave
clllC
CF,�ISVR
//)�\/l � \ \5--, 1 EXHIBIT A
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 LO' GATOS BUSINESS IMPROV"MENT DISTRICT
ANNUAL ASSESSMENT FORMULA 1..ATRIX
BUSINESS TYPE ZONE A ZONE B
RETAIL AND RESTAURANT
*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 leans, 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, photographers, personal care facilities and Odtlets,
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