1993-168-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 1994RESOLUTION 1993 -168
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 1994
AND AMENDING ORDINANCE 1876, OR IN THE ALTERNATIVE TO
REPEAL THE BUSINESS IMPROVEMENT DISTRICT CREDIT ON BUSINESS LICENSE TAXES
PROVIDED BY TOWN CODE SECTION 14.20.120
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 1993 as
required by Streets and Highways Code Section 36500 et sea; and
WHEREAS, an alternative proposal would repeal the business license tax
credit under Town Code Section 14.20.120 for businesses within the Business Improvement
District in return for not levying an assessment for the District and thereby provide an
alternative source of money that the Town would use to enter into an agreement with the
Los Gatos Downtown Association to provide marketing and economic development services
for the Downtown area,
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 the boundaries of
each separate benefit zone as set forth in Exhibit A and incorporated
here by reference.
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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:
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
(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.
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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 1994 are:
a. Marketing
The entire 1994 marketing budget will be used to continue the
long -term image building campaign. Newspaper and radio will
be utilized to promote a positive image of downtown Los Gatos.
The 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
• Work with Town staff to develop and implement a streetscape
design
• Coordinate Downtown Holiday Lighting Program
c. Administration
Administration will focus on education, business recruitment,
working with the Chamber of Commerce and Town, and daily
operations.
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 1994 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 B, attached hereto
and incorporated herein by reference.
7. The proposed budget for fiscal year 1994 is set forth in Exhibit C and
incorporated here by reference.
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8. The Town Council does not intend to exempt new businesses from
the levy of the assessment.
9. Public hearings shall be held before the Town Council on December
6 and January 4, 1994 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 1994, 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 1993 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: 408/354- 1501).
The Annual Report contains a full and detailed description of the
improvements and activities to be provided for fiscal year 1994, 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 1994.
12. As an alternative, the Town Council shall consider repeal of the
business license tax credit found in Town Code Section 4.20.200 and
not levying an assessment for the Downtown Business Improvement
District. This would mean that businesses in the District would pay the
same rate of business license taxes as other businesses in the Town.
It would be the intent of the Town to use these and other funds to
enter into an agreement with the Los Gatos Downtown Association to
provide marketing and economic development services to the Town.
13. Further information regarding the proposed repeal of the tax credit
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: 408/354- 1501).
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14. The Town Clerk is instructed to provide notice of the public hearings
by publishing the resolution of intention in a newspaper of general
circulation in the Town once, at least 45 days before the January 4,
1994 public hearing.
15. 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 15th day of November, 1993 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR O THE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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1994
AsSESSMENT ]PROPOSALS
BUSINESS TYPE
All Professionals
All Restaurants
All Services
All Financial
All Retail
AssEssmENT
M.
$350
Equal to Business License Fee
with the following minimums:
ZONE A
ZONE B
ZONE C
$150
$125
$75
BUSINESS IMPROVEMENT DISTRICT
PROPOSED 3 YEAR BUDGET PLAN
EXHIBIT C
YEAR 1 % YEAR 2 % YEAR 3
BUDGET ITEM 1994 1995 1996
Marketing
Beautification
Administration
$45,000 60%
$15,000 20%
$15,000 20%
$45,000 60%
$15,000 20%
$15,000 20%
$45,000 60%
$15,000 20%
$15,000 20%
TOTAL $75,000 100% $75,000 100% $75,000 100%