1991-204-Declaring Its Intention To Establish A Business Improvement Area To Be Known As The Downtown Los Gatos Business Improvement DistrictRESOLUTION 1991 - 204
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
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 Formation
Committee (the "Committee ") has requested the Town Council establish such an
improvement district.
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. The Town Council of the Town of Los Gatos, on its own motion in
response to the request of the Committee, does hereby declare its intention
to establish the Downtown Los Gatos Business Improvement District (the
'District') pursuant to the Act.
3. The boundaries of the territory proposed to be included in the District and
the boundaries of each separate benefit zone to be established within the
District are graphically set forth in Exhibit A and legally described in
Exhibit B, attached hereto and incorporated herein by reference.
4. The types of improvements and activities proposed to be funded by the levy
of assessments on businesses in the District are as follows:
a. The acquisition, construction, installation, or maintenance of any
tangible property with an estimated useful life of five years or more
including, but not limited to, the following improvements:
(1) 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.
(2) Trash receptacles
(3) Clean -up vacant lots
(4) Clean -up parking lots
(5) Clean -up, visual improvements to existing commercial vacancies
(6) Planting of downtown trees, shrubs, flowers, ad plants
(7) Provide visitor amenities such as benches and water fountains
b. Activities including, but not limited to, the following:
(1) Commercial Marketing /District Advertising - Image Building
Campaign
- Create an institutional, long term, image - building campaign
- Design and implementation of a campaign intended to
encourage Los Gatos community shoppers from going to
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
(2) Commercial Recruitment and Retention Program
The purpose of this program category will be to actively seek the
most suitable new businesses to fill existing vacancies or vacancies
as they occur. Furthermore, the creation and production of a
marketing package with possible video formatting as a means of
most effectively carrying out an aggressive recruitment of most
desired new businesses may be an aspect of the program.
This program will also provide support services to existing
businesses in the form of small business assistance financing and
merchandising seminars.
(3) District Shuttle Service Program
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.
5. The Town Council intends to levy a benefit assessment annually to pay for
all improvements and activities within the area except where funds are
otherwise available from other sources. The proposed budget is in Exhibit
C.
6. 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.
7. The Town Council does not intend to exempt new businesses from the levy
of the assessment.
8. A public hearing shall be held before the Town Council on October 7, 1991,
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 establishment of the District.
9. At the public hearing, the testimony of all interested persons for or against
the establishment of the District, the extent of the District or the furnishing
of specified types of improvements or activities will be heard. Every 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.
10. If written protests are filed with the Town Clerk at or before the time fixed
for the public hearing by the owners of businesses in the proposed District
which will pay 50% or more of the assessments proposed to be levied, no
further proceedings to create the District shall be taken for a period of one
year from the date of the finding of majority protest by the Town Council.
If the majority protest is only against the specified type or types of
improvement or activity within the area, those types of improvements or
activities shall be eliminated.
11. Further information regarding the proposed Business Improvement District
may be obtained from the Town Clerk at Town Hall, 110 East Main Street,
Los Gatos, and from the BID Formation Committee, Joe Hargett, Chair
(Phone: 408/395- 3185).
12. The Town Clerk is instructed to provide notice of the public hearing by
both of the following:
a. Publishing the resolution of intention in a newspaper of general
circulation in the Town once, at least 10 days before the public hearing.
b. Mailing of a complete copy of the resolution of intention by first class
mail to each business owner in the District within seven days of the
Town Council's adoption of the resolution of intention.
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 16th day of September, 1991 by the following
vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYES: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED: /
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
V
evt"Z I'll
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
4
EXHIBIT B
District Zones of Benefit General Boundaries
ZONE A
N. Santa Cruz Ave from Saratoga Ave, and including portions of Saratoga Ave, to
W. Main St. S. Santa Cruz Ave from W. Main to Wood Rd. Montebello. The NE
side of W. Main, 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. E. Main St to Pagent. 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 3rd 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.
Village Lane. Petticoat Lane. The NW side of University Ave beginning at
Bachman Ave to Saratoga Ave excluding the 3rd through 6th parcels from
Saratoga Ave. Saratoga Ave from University Ave, including the NW, NE, SW & SE
corners of Saratoga Ave and University Ave to the beginning of Zone A at the
intersection of N. Santa Cruz and Saratoga Ave. Saratoga Ave from the end of
Zone A at the intersection of Saratoga Ave and N. Santa Cruz Ave to the Monte
Sereno City Limits. N. Santa Cruz Ave from the end of Zone A at the intersection
of Saratoga Ave and N. Santa Cruz to Ashler Ave. E. Main St from Pagent to
Alpine St. Church St. Mills St.
District Zones of Benefit General Boundaries EX[ -lIBTT B
ZONE A
North Santa Cruz Avenue from Saratoga Avenue to West Main Street (in-
cluding portions of Saratoga Avenue). South Santa Cruz Avenue from
West Main to freeway entrance. Montebello Way. West Main from Victory
Lane to East Main to Church Street. University Avenue from West Main to
Royce Street. Portions of Elm Street, Bean Avenue, Grays Lane, Royce
Street, Nicholson Avenue, Bachman Avenue, and Alemendra.
Village Lane, Petticoat Lane, and North Santa Cruz Avenue from Saratoga
Avenue through Ashler Avenue. University Avenue from Royce Street to
Saratoga Avenue. Saratoga Avenue from University through the 300 Block
of Saratoga Avenue. East Main from Jackson to Church and portions of
Church.
NOTE:
All Zone B businesses will pay 50% of what similar Zone A businesses will
pay as it is understood that many district programs will begin in Zone A and
spread benefit to Zone B.
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Business Improvement District
Proposed 3 -Year Budget Plan
Budget Item
1. Commercial
Marketing
2. Streetscape
Enhancement
3. Commercial
Recruitment and
Retention
Year 1 %
$40,000 33%
$20,000 17%
$20,000 17%
Year 2 %
$50,000 40%
$20,000 16%
$15,000 13%
EXHIBIT C
Year 3 %
$60,000 47%
$15,000 12%
$10,000 7%
4. Programs
Administration*
$30,000 25%
$30,000 24%
$35,000 27%
5. Shuttle Service
$10,000 8%
$10,000 7%
$10,000 7%
Total
$120,000 100%
$125,000 100%
$130,000100%
* Coordinator Fee $ 24,000 $ 26,000 $ 30,000
Overhead $ 4,000 $ 4,000 $ 5,000
Start-up Costs $ 2,000
$ 30,000 $ 30,000 $ 35,000
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EXHTBT'' n
DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT
ANNUAL ASSESSMENT FORMULA MATRIX
BUSINESS TYPE
RETAIL &
RESTAURANT
SERVICE
BUSINESSES,
BANKS & FINANCIAL
PROFESSIONALS
TYPE 1 $350
--- - - - - --
TYPE 2 $500
$175
--- - - - - --
$250
$250
$125
$150
$75
• TYPE 1 is 1 -9 retail employees 1 -15 restaurant employees (full -time
• TYPE 2 is 10+ retail employees 16+ restaurant employees equivalent)
Business Types definitions:
Retail: The buying and re- selling of tangible goods
Restaurant
or Bar: Selling prepared foods or drink
Services, Businesses that sell services. Examples are beauty and barber
Banks, & shops, repair shops that do not sell goods, insurance offices,
Financial: contractors, auto repair, realtors, banks, savings & loans, house-
hold finance companies, etc.
Professional: Includes engineering firms, architects, attorneys, dentists,
optometrists, physicians, etc.:
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