Ord 1933 - Amending Ordinance 1876 Establishing the Downtown Los Gatos Business Improvement DistrictORDINANCE 1933
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE 1876 ESTABLISHING THE
DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
AMEND ORDINANCE 1876 AS FOLLOWS:
SECTION I
Section 1.100 is amended to read as follows:
Section 1.005 - Purpose and Findings
a. The businesses in the downtown area of the Town of Los Gatos are under used and
limited by inadequate facilities, services and activities; and
Section 1.010 is amended to read as follows:
Section 1.010 - Resolution of Intention. Public Hearing and Protests
a. Resolution of Intention
On September 16, 1991, the Town Council of Los Gatos, on behalf of the Town of
Los Gatos (the "Town "), adopted Resolution 1991 -204 entitled "Resolution of Intent
of the Town of Los Gatos Declaring Its Intention to Establish a Business
Improvement Area To Be Known As the Downtown Los Gatos Business
Improvement District" (the "Resolution "), declaring its intention to establish a
business improvement district (hereinafter referred to as the "District "), to levy a
benefit assessment on all businesses, trades, professions, and vendors within said
District, the proceeds of which shall be used for the public purposes herein
described to benefit the business in the District, pursuant to the Parking and
Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500)
of Division 18 of the California Streets and Highways Code (the "Act ").
On February 1, 1993 the Town Council adopted Resolution 1993 -23 entitled
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 1986.
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b. Public Hearing
Pursuant to the Act and the Resolution, Town conducted a public hearing, after
having given due notice thereof as required by law, on October 7, 1991, at 7:30
p.m., at Town Hall, 110 E. Main Street, Los Gatos, California, and heard and
considered all oral and written protests and other comments regarding such
proposed actions.
Pursuant to the Act and Resolution 1993 -23, Town conducted a public hearing on
March 1, 1993 at 7:30 p.m., at Town Hall, 110 E. Main Street, Los Gatos,
California, and heard and considered all oral and written protests and other
comments regarding such proposed actions.
Section 1.015 is amended to read as follows:
Section 1.015 - Definitions
(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, event
coordinators, barber shops, beauty shops, photographers, personal care facilities,
graphic designers, etc.;
(e) Service Business / Banks & Financial: "Service" businesses include general office,
news and advertising media, printers, contractors /builders, service stations, repairing
and servicing businesses, leasing businesses, utilities, vending machine businesses,
banks, savings and loans, and other similar businesses not otherwise defined as
Professional, Retail Businesses, or Restaurants.
Section 1.020 is amended to read as follows:
Section 1.020 - Establishment of District Boundaries and Benefit Zones
A business improvement district to be known as the "Downtown Los Gatos Business
Improvement District" (the "District "), is hereby established pursuant to the Parking and
Business Improvement Area Law of 1989, Streets and Highways Code Section 36500
et seq. The businesses in the District shall be subject to any amendments of the Act.
The boundaries of the District and the benefit zones within the District shall be as set
forth on Exhibit "A ", attached hereto and incorporated herein by reference.
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Section 1.025 is amended to read as follows:
Section 1.025 - Establishment of Benefit Assessment
a. All businesses, trades, and professions located within the District boundaries
shown on Exhibit "A" shall, commencing April 15, 1993, pay an annual benefit
assessment to the District in the following amounts:
Benefit Zone A . Benefit Zone B
* Type 1 - Retail /Restaurants
$350.00
$175.00
**Type 2 - Retail /Restaurants
500.00
250.00
Type 3 - Service /Businesses
Banks & Financial
250.00
125.00
Type 4 - Professional
125.00
75.00
Type 5 - Service /Businesses
Banks & Financial in
non - standard locations
125.00
62.50
Type 6 - Professional Businesses
Located in a non- standard
location
62.50
37.50
*Type 1 includes retail businesses with 1 -9 employees and restaurants with* 1 -15
employees (full -time equivalent)
* *Type 2 includes retail businesses with 10+ employees and restaurants with 16
or more employees (full -time equivalent)
(Restaurants in non - standard location will be assessed at one -half the rate
identified above)
Type 3 and 4 services or professional businesses
Type 5 and 6 services or professional businesses located in a non - standard location
*Push carts are to be assessed at 1/2 the Town business license rate
A non - standard location is one that does not front Santa Cruz Avenue, Main
Street, University Avenue or is on an alley, facing a parking lot, in upper stories,
or basements.
Section 1.030 is amended to read as follows:
Section 1.030 - Purpose and Use of Benefit Assessments
A levy of assessments on businesses in the District shall provide for the following
improvements and activities. These funds shall not be used to provide
improvements or activities outside the District.
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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
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 provide
support services to existing businesses in the form of small business
assistance financing and merchandising seminars in coordination with the
Chamber of Commerce.
c. Marketing
The entire 1993 marketing budget of $45,000 will be used to continue the long-
term image building campaign which began in November of 1992. Newspaper and
radio will be used 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.
d. Beautification
The Beautification Committee has adopted the following program:
• Add benches where permitted
• Improve the appearance of newspaper racks
• Add more trash receptacles
• Continue to provide flowers for business owners
• Continue the electrolier banner program with seasonal banner changes
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e. Commercial Recruitment
The consumer survey completed in 1992 will be incorporated into a retail recruiting
package. This package will be distributed to desirable retailers and commercial
brokers. The objective is to attract quality retail and service businesses that will
enhance downtown retail diversity. Concurrent with this program, the recruitment
committee will work closely with the BID marketing committee and the Chamber
of Commerce to develop programs that will attract consumers to downtown Los
Gatos. Property owners will be encouraged to work with the Committee.
f. 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 %.
SECTION II
If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this ordinance, it being
expressly declared that this ordinance and each section, subsection, clause and phrase
hereof would have been prepared, proposed, adopted, approved and ratified irrespective of
the fact that any one or more other sections, subsections, sentences, clauses, or phrases be
declared invalid or unconstitutional.
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SECTION III
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause a summary to be published once in a
newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on March 1, 1993 and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular_ meeting of the Town Council of the Town of Los Gatos
on March 15, 1993.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
R OF THE TOWN OS GATOS
L GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN O LOS GATOS
LOS GATOS, CALIFORNIA
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