1992-196-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 1876RESOLUTION 1992 -196
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 any tangible property with
an estimated useful life of five years or more
including, but not limited to, the following
improvements:
(1) Trash receptacles
water fountains (2) Visitor amenities such as benches and
ATTACHMENT 2
b. Activities including, but not limited to, the
following:
public areas (1) Maintenance and enhancement of District
(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) Clean -up vacant lots
(c) Clean -up parking lots
(d) Clean -up, visual improvements to
existing commercial vacancies
(e) 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
Program (3) Commercial Recruitment and Retention
This program 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.
This program will also provide support
services to existing businesses in the
form of small business assistance
financing and merchandising seminars.
(4) 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.
The proposed changes for 1993 are:
a. Marketing
The entire 1993 marketing budget of $34,000
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:
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
C. 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.
d. 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 50.
e. 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 setforth in Exhibit C and
incorporated here by reference.
B. 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 November 16, 1992, 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 19th day of
October, 1992 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Mayor Eric D. Carlson
NAYES: None
ABSENT: None
ABSTAIN:Brent N. Ventura
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
1�
1,74-A
Revised District Zones of Benefit General Boundaries
ZONE A
EXHIBIT B
N. Santa Cruz Ave. from 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. 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 W. Main St. to Pageant Way.
Business Improvement District
Proposed 3 -Year Budget Plan
Budget Item
Year 1 %
1993
EXHIBIT C
Year 2 % Year 3 %
1994 1995
1.
Marketing
$34,000
40%
$34,000
40%
$34,000
40%
2.
Beautification
$21,250
25%
$21,250
25%
$21,250
25%
3.
Commercial
Recruitment
$12,750
15%
$12,750
15%
$12,750
15%
4.
Administration
$17,000
20%
$17,000
o
20%
$17,000
20%
Total $85,000 100% $85,000 100% $85,000 100%
DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISEXHIBIT Q
TRICT
ANNUAL ASSESSMENT FORMULA MATRIX
BUSINESS TYPE
ZONE A
RETAIL AND *TYPE 1
RESTAURANT $350 *TYPE 1 $175
*TYPE 2 $500 *TYPE 2 $250
SERVICE BUSINESSES, *TYPE 3 $250
BANKS 8t FINANCIAL TYPE4 $125
*TYPE 5
$125
*TYPE 5
$62.50
PROFESSIONALS *TYPE 4
$125
.TYPE 4
$75
*TYPE 6
$62.50
*TYPE 6
$37.50
*TYPE 1 is 1 -9 retail employees 1 -15 restaurant employees (full time
*TYPE 2 is 10+ retail employees 16+ restaurant employees equivalent)
*TYPE 3 and 4 are Services or Professional Businesses
* TYPE 5 and 6 are Service or Professional Bu§Irie"ss- located in 8 "nn-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 Selling prepared foods or drink
or Bar:
Services, Businesses that sell services. Examples are repair shops that
Banks, & do not sell goods,
Financial: 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.
EXHIBIT E
Recommended revision to Section 1.1015
(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,- ba4.*e- ar4d- eav4Vs- and-4eaFVs, 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,- PhOte graPherJs ;- persenal- eaf&- faekies
aF4oulets, 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
Resturants.