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January 28, 2005
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City to forge ahead with business license tax audit TAMARA STEINER Clayton Pioneer
Clayton’s recent efforts to enforce the business license tax law has raised the ire of a good portion of the city’s business community. More than four dozen irate business owners and Realtors packed the library’s community room at the last city council meeting in a show of force seldom seen in this general-
ly quiet town. The storm began brewing early last year when Municipal Auditing Services (MAS), a private company hired by the city to conduct a business license tax audit, mailed out audit letters to 86 Clayton businesses. In their efforts to identify unlicensed businesses and to determine if those who were licensed were paying the correct amount, MAS asked for among other things,
income tax returns, financial statements and vendor lists. Since the city had not been aggressively enforcing the Business License Tax code section for some time, the letters caught many by surprise. Others were offended by what they felt was the heavy handed language of the letters and saw the request for income tax returns as intrusive and illegal. In response to these com-
plaints, the city attorney reviewed the legality of the tax return requirement, determining that tax returns are indeed private and confidential and that the city had no authority to request them. The audit letter was rewritten, leaving out the tax return requirement and ditching the term “audit,” replacing it with “review.” This did little, however, to calm the rising tempers. Business
owners were incensed at the punitive nature of the audit which drilled back three years, assessing penalties of 100 percent on unpaid taxes which some business owners claim they didn’t know they owed. “I feel punished,” said Lynne French, Coldwell Banker Realtor. “I love Clayton and I’m glad the city is finding new revenue, but to charge a 100 percent penalty on something people didn’t know
anything about is unfair. This doesn’t have a good spirit to it.” French is not the only Realtor balking at the tax. The law requires a business license of anyone doing business in Clayton, including outside (of Clayton) brokers and agents that may only list one property in the city. Diablo Realty Broker, Moses
See Audit, page 3
Clayton woman heads to India to aid in Wanted Salvation Army tsunami relief efforts felon assaults officer
GREGG MANNING
MAYOR’S CORNER
TAMARA STEINER Clayton Pioneer
The last issue of the Clayton Pioneer noted that the Landscape Maintenance District issue is going on the ballot this year for a vote on the District’s assessment. This is a decision by the City Council based on the findings of the Blue Ribbon Landscape Maintenance Committee’s report to the City Council. The City Council has yet to set a specific date for that vote, but the most likely date this year would seem to be Tuesday November 8. The Blue Ribbon Committee has been disbanded since they have completed the task set for them by the City Council more than a year ago. That task was to review and evaluate the cities current landscaping, its funding and required maintenance. I want to thank all of the members of the Blue Ribbon Committee for the job they have done and their dedication to the task. I was the City Council’s designated member and I saw first hand the dedication of the members. The Chair of the committee was Dan Richardson and the Vice Chair was Ben Jay. The other members of the Committee who volunteered and represented most areas of the City were Candace Bass,
She is asked now to be a part of what the Salvation Army does best; emergency rescue and relief. Mass feeding centers have been set up in Army Corps throughout India which operate around the clock offering food, clothing and shelter to victims. In Southeast India alone, Army
Clayton police officer, Sgt. Tim O’Hara suffered minor injuries last week while attempting to arrest a Martinez man wanted on drug charges. Around 6 a.m. on January 20, Clayton police received a call from an unidentified Clayton resident who reported seeing a “suspicious looking truck” cruising the neighborhood near Panadero Drive and Pine Hollow Road. O’Hara responded and with red lights flashing, pulled the 1985 blue Toyota pickup over at Blackpoint Court. As the officer approached, the passenger, a 25 year old white male, jumped out, grabbed a bicycle from the back of the truck and attempted to flee. O’Hara, on foot, blocked his escape twice. The third time the suspect rammed him with the bicycle, pinning him against a parked car and took off on foot. O’Hara suffered bruising and pulled muscles. O’Hara called for backup and seven Concord units responded. Police searched the area but were unable to find the suspect. O’Hara recognized the man from prior arrests. He’s now wanted for assault on a police officer in addition to a $10,000 warrant for drug charges.
See Army, page 6
See Assault, page 3
See Mayor, page 3
MAJORS CLAY
Tamara Steiner/Clayton Pioneer
AND
PAM GARDNER are pastors of the Salvation Army Church on Clayton Road in Concord.
JILL BEDECARRÉ Clayton Pioneer
On February 18 Clayton resident Major Pam Gardner will drive to Sacramento International Airport and board a flight bound for India. She’s one of three select Salvation Army officers who will make
the pilgrimage to the ravaged country devastated by the recent Tsunami. “It’s a fact finding mission,” she says. For two weeks, she’ll talk to families and children to learn more about the work that is being done for survivors. And when she returns to Concord she’ll engage in fundraising efforts to help the Tsunami cause. “I’m
excited and nervous,” she said from her home in Oakhurst. The trip to India was actually scheduled before the natural disaster tore through India and other countries in South Asia. Major Gardner was originally asked to tour India to see first hand the results of more than 100 years of Salvation Army outreach and ministry.
Tim O’Hara moves up the ranks in Clayton PD d, re re oses a , e u l JT, R eb ts ar & t Viole e e w r is s BK suga you. e v lo o d I
Send a Valentine to your sweetie. See page 5
TAMARA STEINER Clayton Pioneer
Tim O’Hara, was recently promoted to sergeant, replacing Rich Enea who retired in December. O’Hara, who joined the Clayton PD in 1989, is the department’s longest-term employee. Faced with an immediate staffing shortage, O’Hara says the biggest challenge in the coming year will be to “get the department up to a staffing level where the overtime is cut back.” He also anticipates a good deal of training and motivation of the current staff. “We have a lot
of young officers,” he said. “We need to teach and mentor them…get them on their way. That’s very important.” The veteran cop is well known in the community for his commitment to youth sports and wants to institute a youth diversion program as an alternative to sending the kids through the court system. “I’d like to see some sort of education program for minor offenses instead of jail sentences,” said O’Hara. O’Hara was born and raised in Pittsburg. He graduated from St. Mary’s College in Moraga in 1977 with a BA in physical education. He originally wanted to
be a professional baseball player and got on with a minor league right out of college. But, he was injured early in the season, bringing his athletic career to an end. He joined the Concord Police Reserves, then the Pittsburg Police Department. He then became a regular officer with the Concord Police Department. He served with Concord for several years and with Lucky Stores in their security department before joining the Clayton PD in 1989. Sgt. O’Hara lives in Concord with his wife and two sons.
SERGEANT TIM O’HARA