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05/14/2026
T-289.011\2303621 1
Council Agenda: 06-02-2026
Item Number: 8.1(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on May 21, 2026.
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SAN JOSE
ESTABLISHING THE EAST VILLAGE BUSINESS
IMPROVEMENT DISTRICT PURSUANT TO THE PARKING
AND BUSINESS IMPROVEMENT AREA LAW OF 1989
WHEREAS, under and pursuant to the provisions of the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (“’89 Law”), the City Council of the City of San José (“City”) on March 24, 2026 adopted Resolution No. RES2026-69, titled “A RESOLUTION OF THE
COUNCIL OF THE CITY OF SAN JOSE DECLARING ITS INTENTION TO ESTABLISH
THE EAST VILLAGE BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989; FIXING THE TIME
AND PLACE OF A PUBLIC MEETING AND PUBLIC HEARING AND GIVING NOTICE THEREOF; AND APPOINTING AN ADVISORY BOARD TO ADVISE THE CITY
COUNCIL ON ALL ISSUES RELATED TO THE EAST VILLAGE BUSINESS IMPROVEMENT DISTRICT”; and
WHEREAS, Resolution No. RES2026-69 was duly published, and copies of Resolution No. RES2026-69 were mailed to the affected businesses, as required by the ‘89 Law; and
WHEREAS, as specified in Resolution No. RES2026-69, a public meeting concerning the formation of the East Village Business Improvement District (“EVBID”) was held before the City Council on April 21, 2026 at the hour of 1:30 p.m. in the Council Chambers of the City of San José, located at 200 East Santa Clara Street, San José, California; and
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05/14/2026
T-289.011\2303621 2
Council Agenda: 06-02-2026
Item Number: 8.1(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on May 21, 2026.
WHEREAS, on May 12, 2026, the City Council deferred the noticed public hearing from May 12, 2026 to June 2, 2026; and
WHEREAS, as specified in Resolution No. RES2026-69, a public hearing concerning the formation of the EVBID was held before the City Council on June 2, 2026 at the hour of 1:30 p.m. in the Council Chambers of the City of San José, located at 200 East Santa Clara Street, San José, California; and
WHEREAS, written protests from the affected businesses in the proposed EVBID paying fifty percent (50%) or more of the proposed assessment have not been received; and
WHEREAS, at said public hearing, _____ written protests were filed, _____ oral protests were made, such protests were considered and duly overruled and denied, and the City Council determined that there was no majority protest within the meaning of Section 36525 of the ‘89 Law; and
WHEREAS, on June 2, 2026, the City Council authorized the City Manager or her designee to negotiate and execute an agreement with East Santa Clara Street Revitalization Association, Inc. (dba East Village Business Association) (“EVBA”) for the administration of the EVBID; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP17-004 (Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant impact on the environment); and
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05/14/2026
T-289.011\2303621 3
Council Agenda: 06-02-2026
Item Number: 8.1(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on May 21, 2026.
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
1. Pursuant to the ‘89 Law, a parking and business improvement area is hereby established, to be known as the East Village Business Improvement District (“EVBID”).
2. The boundaries of the EVBID are described below, and are shown on the map attached hereto as Exhibit A and incorporated herein.
Zone 1
Full Street Name Odd Even
E Santa Clara St 225-1049 260-1050
N 14th St 25 n/a
Zone 2
Full Street Name Odd Even
S 5th St 45-59 80
S 6th St 55-97 72-96
S 7th St 73-79 44-48
S 8th St 25-83 18-74
S 9th St 23-99 18-116
S 10th St 11-25 64-96
S 11th St 23-87 14-90
S 12th St 77-99 26-98
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05/14/2026
T-289.011\2303621 4
Council Agenda: 06-02-2026
Item Number: 8.1(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on May 21, 2026.
Full Street Name Odd Even
S 13th St 53-97 28-98
S 14th St 25-99 10-66
S 15th St 33-95 12-92
S 16th St 31-83 40-88
S 17th St 17-95 60-84
S 19th St 17-93 18-68
S 20th St 15-95 20-98
S 21st St 19-95 8-78
S 22nd St 15-97 16-98
E San Fernando St 195-1047 n/a
Calhoun St 853 860-868
Elizabeth St 425 n/a
N 5th St n/a 24
N 9th St 51-77 n/a
N 11th St n/a 32
N 13th St 60 30-60
3. The purpose for forming the EVBID is to provide revenues for physical maintenance, marketing, and promotion efforts to increase commercial activity in the East Village business corridor. The improvements and activities to be provided in the EVBID will be funded by the levy of assessments. The revenue from the levy of assessments shall not be used to provide improvements or activities outside the EVBID or for any purpose other than the purposes specified in the EVBID’s annual budget as approved by the City Council.
4. Businesses located within Zone 1 will be assessed an annual rate of $250.00.
Businesses located within Zone 2 will be assessed a reduced annual rate of $125.00.
5. Assessments will be collected from the EVBID businesses at the same time and in the same manner as the City’s business tax.
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05/14/2026
T-289.011\2303621 5
Council Agenda: 06-02-2026
Item Number: 8.1(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on May 21, 2026.
6. Any EVBID business who fails to remit the assessments within the time required shall pay a first penalty of ten percent (10%) of the amount of the delinquent assessment in addition to the amount of the delinquent assessment. Any EVBID business who fails to remit any assessment on or before thirty (30) days after its due date shall pay a second penalty of ten percent (10%) of the amount of the delinquent assessment in addition to the amount of the delinquent assessment and the first penalty. If the City’s Director of Finance or the EVBA determines that the failure to remit the assessment is because of an intentional, material misrepresentation or omission, or fraud by the business, an additional penalty will be imposed on the business in the amount of twenty-five percent (25%) of the delinquent assessment. Any EVBID business who fails to remit on or before the due date any assessment shall pay interest on the delinquent assessment and on any assessed penalty or penalties as set forth in Chapter 1.17 of Title 1 of the San José Municipal Code. Any penalty or interest collected by the City from delinquent assessments shall be forwarded to the EVBA. If a business does not pay the total amount of the outstanding combined business tax and assessments, the City shall send up to two delinquent notices to collect any past due assessments. If the City takes any action on business tax delinquencies against a business with delinquent assessments, the City shall also attempt to collect the delinquent assessments. After one hundred twenty (120) days of delinquency, the City shall have the option to refer accounts to a collection agency.
7. The City shall disburse to the EVBA all collected EVBID assessments and all penalties and interest collected on delinquent EVBID assessments.
Disbursements shall be made in such manner as the parties mutually agree upon in writing. The EVBA may expend any funds received only for the purposes authorized by this Ordinance and only in accordance with the budget as approved by the City Council.
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05/14/2026
T-289.011\2303621 6
Council Agenda: 06-02-2026
Item Number: 8.1(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on May 21, 2026.
8. The City will charge an administrative fee for its costs to collect the EVBID assessment. The City’s monthly administrative charge will be one percent (1.0%) of the assessment collected by the City, and the amount will be reviewed annually as part of the annual report submitted by the Board of Directors of the EVBA (“Advisory Board”) to the City. The administrative charge will be made to the City as a deduction from the assessments the City will forward to the EVBA.
9. EVBID’s fiscal year shall be from July 1 through June 30. Funds remaining at the end of any fiscal year may be used in the subsequent fiscal year if the levy of an assessment is approved by the City Council for that fiscal year and the funds are used in accordance with the ‘89 Law.
10. New businesses within the EVBID will not be exempt from the levy of assessments as authorized by Section 36531 of the ‘89 Law.
11. The City Council finds that the businesses within the EVBID will be benefited by the improvements and activities funded by the assessment to be levied.
12. All protests, both written and oral, are overruled and denied, and the City Council finds that there is no majority protest within the meaning of Section 36525 of the ‘89 Law.
13. All of the businesses in the EVBID established by this Ordinance shall be subject to any amendments to the provisions of the ‘89 Law.
14. The provisions of this Ordinance shall take effect retroactive to July 1, 2026.
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05/14/2026
T-289.011\2303621 7
Council Agenda: 06-02-2026
Item Number: 8.1(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on May 21, 2026.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
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05/14/2026
T-289.011\2303621 A-1
Council Agenda: 06-02-2026
Item Number: 8.1(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on May 21, 2026.
EXHIBIT A
DISTRICT BOUNDARIES