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
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(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
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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
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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
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*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