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Ordinance 1988-18 ORDINANCE NO. 88-18 AN ORDINANCE OF THE CITY OF GILROY ADDING ARTICLE V. OF CHAPTER 12A. OF THE CITY CODE, PERTAINING TO THE ESTABLISHMENT OF A PARKING AND BUSINESS IMPROVEMENT AREA WITHIN THE CITY OF GILROY THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. Establishment of' Area. A parking and business improvement area to be known as the Downtown Gilroy Business Improvement Area is hereby established pursuant to the authority of the "Parking and Business Improvement Area Law of 1979", being Sections 36500 et seq. of the Streets and Highways Code of the State of California. SECTION II. Resolution of Intention. This Ordinance is adopted pursuant to that certain Resolution of Intention adopted by the City Council being Resolution No. 88-53, adopted on the 15th day of August, 1988, and entitled '~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF INTENTION TO ESTABLISH THE "DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA" IN THE CITY OF GILROY. (Streets and Highways Code Sections 35600, et seq.)" SECTION III. Public Hearing. A public hearing regarding the proposed establishment of a parking and business improvement area within the City of Gilroy was held by the City Council on September 19, 1988, at 8 p.m. in the Council Chambers located at 7351 Rosanna Street, in Gilroy. SECTION IV. Municipal Code. Article V. of Chapter 12A, entitled "Parking and Business Improvement Area", of the Gilroy City Code is hereby adopted and shall read as follows: Chapter 12A IMPROVEMENT PROCEDURE CODE ARTICLE V. PARKING AND BUSINESS IMPROVEMENT' AREA Sec. 12A.236 Area Boundaries. The description of boundaries of said area so established by said ordinance and by this article, including the designation of separate benefit zones, is as follows: ZONE A Ail that land in the City of Gilroy, County of Santa Clara, State of California, more particularly described as follows: Beginning at the intersection of the centerline of Seventh Street with the prolongation of the easterly right of way line of the twenty-foot wide alley between Eigleberry Street and Church Street; thence 'easterly along said centerline to the Southern Pacific Transportation Company westerly right of way line; thence northerly along said line to the northeasterly corner of that Assessor's Parcel 841-04-017 as shown on the 1988 roll; thence westerly along the common line of Assessor's parcels 841-04-017 and 018, 1988 roll, to a point on the centerline of Monterey Street; thence north along said centerline to a point intersecting the centerline of Third Street; thence westerly along said centerline to a point intersecting the prolongation of the westerly property line of Assessor's Parcel 799-04-023, 1988 roll, fronting on Eigleberry Street; thence southerly along the west line of said Assessor's Parcel 799--04-023 and 024 and 025; thence traversing along the west lines of Assessor's parcels 799-04-.026 and 027 to the west line of 028; thence southerly along said west line of parcel 028 and the west line of those parcels fronting Eigleberry Street and continuing along the same general course along the common lines of parcels fronting Eigleberry Street and parcels fronting Church Street to a point 100 feet more or less north of Sixth Street on the north line of Assessor's Parcel 799-07-032, 1988 roll; thence traversing to the west and south along the west line of said Parcel 032 to the center- line of West Sixth Street; thence easterly along said center- line to a point intersecting the easterly right of way line of the twenty-foot wide alley between Eigleberry Street and Church Street; thence southerly along said easterly line to the Point of Beginning. ORDINANCE NO. 88-18 -2- ZONE B Ail that land in the City of Gilroy, County of Santa Clara, State of California, more particularly described as follows: Beginning at the point of intersection of the northerly line of First Street with the westerly line of Monterey Street; thence in an easterly direction, across Monterey Street and across the northerly line of Assessor's Parcel 841-02-008, 1988 roll, to the southwesterly line of the Southern Pacific Transportation Company right of way, and diagonally across said right of way to the northeasterly Cight of way line, and southerly along said right of way line to the westerly corner of Assessor's Parcel 841-04-006, 1988 roll; thence traversing said parcel, northeasterly to the westerly right of way of Forest Street, southeasterly 397 feet to the northerly line of Assessor's Parcel 841-04-001, 1988 roll; thence southwesterly along said line, 100 feet and southerly to the centerline of Lewis Street; thence along said centerline in a southwesterly direction to the southwesterly line of an alley between Alexander Street and Railroad Street; thence along said southwesterly line in a southeasterly direction to the northerly line of Old Gilroy Street; thence at right angles and diagonally across Old Gilroy Street to the Southern Pacific Transportation Company railroad track; thence along said railroad track, southeasterly to the northerly line of Tenth Street; thence along said line, southwesterly to the westerly line of Monterey Street; thence continuing south- westerly, 152.76 feet, more or less, to the westerly line of Assessor's Parcel 799-11-033, 1988 roll; thence northwesterly, along the westerly property line of the properties fronting Monterey Street to the northerly line of Eighth Street; thence southwesterly along said line to the easterly line of a twenty-foot wide alley between Eigleberry Street and Church Street; thence northwesterly along said line to the centerline of Seventh Street; thence easterly along said centerline to the Southern Pacific Transportation Company westerly right of way line; thence northerly along said line to the northeasterly corner of Assessor's Parcel 841-04-017, 1988 roll, southerly 94 feet, more or less, from the prolongation of the southerly right of way of Third Street; thence westerly along the common line of Assessor's Parcels 841-04-017 and 018, 1988 roll, to a point on the centerline of Monterey Street; thence north along said centerline to a point intersecting the centerline of Third Street; thence westerly along said centerline to a point intersecting the prolongation of the westerly property line of Assessor's Parcel 779-04-023, 1988 roll; thence northerly on a course between Assessor's Parcels 799-03-035 and 036; thence in a northwesterly direction along said common line, and along the southeasterly and southwesterly lines of those ORDINANCE NO. 88-18 -3- parcels fronting on Eigleberry Street to the southwesterly line of Assessor's Parcel 779-03-023, 1988 roll; thence northwesterly along the southwesterly line of said parcel to the common line between Assessor's Parcels 799-01-014 and 015, 1988 roll; thence northwesterly along said common line and continuing along the southwesterly lines of those parcels fronting on Eigleberry Street to the northwesterly line of First Street; thence along the northwesterly line of First Street to the Point of Beginning. Sec. 12A.237. Definitions. For the purpose of this Article, the followi'ng definitions shall apply: (a) Retail. Retail businesses include all businesses not covered by other definitions set out in this section which do any retail sales as that term is defined in the State Sales and Use Tax Law. The fact that a substantial part or most of its business consists of other than retail sales does not exclude the business from this classification. (b) Restaurants. Restaurants include any establishment where food is prepared for human consumption, either on or off the premises. (c) Bars. Bars include any place of business that sells an alcoholzc~-~everage for consumption on the business premises. (d) Amusements. Amusements include any type of business conducted for amusement purposes for which an admission or other charge is made for the purpose of enjoying such amusement. This shall be deemed to include operators or lessees of amusement-type vending machines of all kinds. (e) Professional and Services. Professional and services shall be deemed to inclu--d~,' but not necessarily be limited to the following: Persons or businesses engaging in a pursuit or activity professionally, such as attorneys , architects, physicians and others in the medical health service field; news and advertising media; printers; photographers; real estate brokers; builders; service stations; repairing and servicing; renting and leasing; laboratories (including dental and optical); hearing aid services; utilities; artists and designers; vending machine businesses; as well as others not included in categories a-d. (f) Hotels and Motels. Hotels and motels include businesses devoted to'"'human 1-6-~ging on a transient rather than a more permanent basis; apartments and boarding homes would be excluded. (g) Financial. Financial shall be deemed to include, but not necessarily be limited to the following, all financial, lending or securities institutions. ORDINANCE NO. 88-18 -4- (h) Number of Employees, The "number of employees" shall mean all pe~-~ons engaged in the operation or conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, solicitor, or salesman, regardless of basis of compensation, and any and all persons employed or working in such business, including but not limited to students and apprentices working in connection with instruction in any business, for which service the owner, operator or management receives compensation or a thing of value. In determining the number of employees, the number of hours worked by all employees during the entire preceding fiscal year shall be added together and the sum thereof divided by 2,000. Any remainder or fraction shall not be considered; provided, however, that any amount below the first 2,000 hours shall be considered as 2,000 hours, and, in such event, the business in question shall pay a fee using one (1) employee as a basis for computing the assessment fee due. Any employee who is paid for working away from the business location for more than fifty percent (_50%) of the time for which he is paid during a fiscal year shall be deemed an exempt employee, and his time shall not be included in the computation above, except that a business in which all employees qualify for the exemption shall pay a fee using one (1) employee as a basis for computing the assessment fee due. Sec. 12A.238. Benefit Assessment'Formula. Ail businesses, trades and professions located within the boundaries described in Sec. 12A.236, shall, commencing January 1, 1989, pay a benefit assessment in addition to the general business license tax, consistent with the following benefit assessment formula: Annual Benefit Assessment = Basic Fee x Factor TABLE I Number of Basic Number of Employees Fee Employees i $35 ll 2 40 12 3 45 13 4 50 14 5 55 15 6 60 16 7 65 17 8 70 18 9 75 19 10 80 20 over 20 Basic Fee $85 89 93 97 101 105 109 113 117 121 121 + $1.00 for each additional employee ORDINANCE NO. 88-18 -5- TABLE Classification as Defined in SeCtion 12A.237 Benefit Factor Benefit Factor Zone "A" Zone "B" Retail Restaurants, bars and amusements Professional and services Financial institutions Hotels and motels 8 4 4 2 2 1 2 1 2 1 Sec. 12A.239. Residenti'al' EXclUsion. No one shall be required to pay an assessment based on a residential use within the improvement area. Sec. 12A.240. New Business-Exemption. Any new business established within th-~-improvement area shall not be required to pay an assessment hereunder for the license year during which it commenced business. This shall not be deemed to apply to an existing business that has changed ownership or location within the district. Sec. 12A.241. Disposition of Funds. The purposes for which the funds raised by said b~-~ei~i-~ ~ssesmment shall be devoted to the statutory purposes set forth in Section 36500 of the Streets and Highways Code of the State of California, or one or more of said purposes, which are as follows: (a) Decoration of any public place in the area. (b) Promotion of public events which are to take place or in public places in the area. (c) Furnishing of music in any public place in the area. (d) The general promotion of retail trade activities in the area. Sec. 12A.242. Collection of the Benefit Assessment. The benefit assessment authorize-~ y~--this ordinance ~hall be collected in January of each year. Sec. 12A.243. Administrative Board. The City Council may contract from ~ to time with a non'profit, tax-exempt corporation, the purpose of which, as specified in the purpose clause of its articles shall be to carry out the purposes for which this benefit assessment is levied. In the event such an agreement is made, it shall provide that said corporation shall present a budget of proposed expenditures and purposes to the City Administrator, for investigation and report to the Council upon the advisability and feasibility of the proposed expenditures and improvements, and upon approval of said budget requests, the Council shall allocate and direct payment of the funds collected pursuant to this Article to the said contracting agency by the Director of Finance. ORDINANCE NO. 88-18 -6- Sec. 1'2A.244. Enforcement of ProVisiOns, It shall be the duty of the Director of' Fi-~ance~and his/her deputies to collect all assessments and charges levied pursuant to this Ordinance. All assessments and charges required to be paid under the provisions of this Ordinance shall be deemed a debt owed by the business to the City. Any business, and the owners thereof, owing money to the City under the provisions of this Ordinance, shall be liable to an action brought in the name of the City for recovery of such amount. Sec. 12A.245. Penalties. For failure to pay an assessment fee when due, the Diree~6r of Finance shall add a penalty of ten (10) percent of said assessment fee on the last day of each month after the due date thereof, providing that the amount of such penalty to be added shall not exceed fifty (50) percent of the assessment fee due. SeC. 12A.246. DelinquenCies. The Director of Finance shall ma~e available to the contracting agency, a list or record of delinquent assessments made under this Ordinance. This list shall be furnished at least annually, but not more often than quarterly, and in the latter case, only upon request of the contracting agency. Sec. 12A.247. Liberal Construction; Partial Invalidity. This Article is' intended to be construed liber'a'lly, and in the event that any section, or part of any section thereof, should be held invalid, the remaining provisions shall remain in full force and effect. SECTION V. Amendments. This Ordinance is adopted pursuant to the provisions of Streets and Highways Code Sections 36500 et seq., and all businesses located within the district established by this Ordinance shall be subject to any future amendments to said provisions of the Streets and Highways Code and this Ordinance. SECTION VI. Findings. The City Council of the City of Gilroy herewith specifically finds and determines that the businesses located within the boundaries of the Parking and Business Improvement District established herein will be benefited by the expenditure of the funds raised by the assessments and charges to be levied and collected pursuant to this Ordinance. ORDINANCE NO. 88-18 -7- SECTION VII. ~d'option. This Ordinance shall be in full force and effective thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 3rd day of October 1988, by the following vote. AYES: COUNCILM~BERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, KLOECKER~ MUSSALLEM~ PALMERLEE, VALDEZ and HALE NONE HUGHAN APPROVED ATTEST: ORDINANCE NO. 88-18 -8- Official Seal of the City of Gilroy this ]6th 19 88. ~-~ ~-~e City of Gilroy -- day of I? SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 88-18 is an original ordinance, duly adopted by the Council of the C~ty of GJlroy at a regular meeting of said Council held on the 3rd day of October , ]9 88 , at which meeting a quorum was present. IN WITNESS WHEREOF, I bave hereunto set my band and affixed the November (Seal)