HomeMy WebLinkAbout11-10-1983 CITY COUNCIL AGENDA1
CITY OF SARATOGA
AGENDA BILL NO. 5-
4S
DATE: 11 /l 0/63
DEPARTMENT: Community Development
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
Resolution Opposing a Proposed Amendment to the "Hillside" Designation
SUBJECT: in the Santa Clara County General Plan
Issue Summary
1. The County is considering a General Plan Amendment which would allow
research and development /industrial uses in hillside areas including
those in Saratoga's Sphere of Influence.
2. The County Planning Commission has recommended to the Board of Supervisors
that an E.I.R. be prepared on the proposal.
3. The Board will be considering the recommendation of the Commission at its
meeting of November 22nd. The City's resolution opposing the change will
be in the hands of the Board prior to the meeting so Saratoga's response
will be tirrely enough to have an impact on the Board's decision.
Recommendation
1. Adopt the attached resolution opposing the proposed County General
Plan amendment.
Fiscal Impacts
None anticipated.
Exhibits /Attachrrents
Exhibit A - Resolution opposing the General Plan Amrendment.
Council Action
11/16: Adopted Resolution 2107 4 -0.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OPPOSING A PROPOSED AMENDMENT TO THE TEXT OF THE GENERAL
PLAN OF THE COUNTY OF SANTA CLARA RELATING TO HILLSIDE
AREAS (COUNTY FILE NO. 1959- 00- 00 -83GP)
WHEREAS, the Board of Supervisors of the County of Santa Clara will
be considering an amendment to the text of the Hillside designation of
the General Plan of the County of Santa Clara; and
WHEREAS, this proposed amendment to the General Plan would affect the
environmentally sensitive hillside lands in the Sphere of Influence of the
City of Saratoga; and
WHEREAS, this proposed amendment would allow industrial uses not
presently allowed to locate in hillside areas, in particular, Research and
Development industrial uses; and
WHEREAS, the City of Saratoga is concerned that the proposed General
Plan amendment will have a significant adverse effect on the environment in
® that:
1. It will conflict with the City's General Plan designation of "Hill-
side open space" which applies to most of the Sphere of Influence
area and is defined as follows:
"Hillside Open Space - This subcategory was taken from the County
General Plan and covers all areas within Saratoga's Sphere of In-
fluence that are not designated as parks. This subcategory allows
uses which "support and enhance a rural character ", promote wise
use of natural resources and avoid natural hazards. Uses in-
clude: agriculture, mineral extraction, parks and low density
recreational facililities, land in its natural state, wildlife
refuges and very low intensity residential development. Other
support uses related to the uses already listed may also be
permitted. Density of development allows from between 1 DU /20
acres to 1 DU /160 acres based on a slope density formula subject
to stringent criteria. 'These criteria will became part of the
Sphere of Influence portion of the General Plan."
2. Industrial uses would be located in an area having a potential
for major geological hazards which could cause spills or ;a'umping
0 of hazardous materials associated with such uses leading to ground
Page 2
water contamination and the destruction of flora and fauna.
3. Industrial uses will generate significant amounts of traffic which
would greatly strain the narrow and difficult to maintain roads of
the hillside area.
4. Me public services and utilities in the hillside area are united
in capacity and would not be adequate to serve industrial uses. The
improvement of public services and utilities to serve such uses
could create a significant growth inducing impact.
5. The massive buildings associated with industrial development will
have an adverse aesthetic impact on the hillsides. This impact is
inconsistent with the goals and policies of the General Plan of
the City of Saratoga:
CO.1.0 Control the density of development in hill areas, including
the Sphere of Influence, to protect the unique quality of
the City's mountainous backdrop and to protect the aesthetic •
qualities of the City.
00.2.0 Conserve natural vegetative and significant topographic
features which exist in Saratoga and its Sphere of Influence.
NCW, 'THEREFORE, the City Council of the City of Saratoga HEREBY RESOLVES
as follows:
That it opposes the proposed amendment to the "Hillside" designation
of the General Plan of Santa Clara County for the reasons listed earlier in
this Resolution and recommends that the Board of Supervisors reject this pro-
posed General Plan Amendment.
The above and foregoing resolution was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 16th day
•
® of November, 1983, by the following vote:
NOES:
ATTEST:
n
u
0
CITY CLERK
MAYOR
Page 3
Act
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CITY OF SARATOGA
AGENDA BILL NO:
DATE: November 9, 1983
DEPARTMENT: Maintenance
Initial:
Dept. Head`
City Atty
City Mgr :
SUBJECT: Los Gatos Rotary Club - The Great Saratoga to Los Gatos Race
Issue Summa
The Los Gatos Rotary Club has contacted the City for permission to hold "The Great Saratoga
to Los Gatos Race ". This race was formerly called "The Great Race" and sponsored by
Western Federal Savings and later by Downey Savings and Loan. The race is planned for
January 4, 1984 and will begin in Saratoga and end in Los Gatos.
Recommendation
Authorize race to be held on January 4, 1984 with the stipulation that the sponsors of the
race will provide the City with proof of liability insurance naming the City as an
additional insured, will coordinate reserve officers if needed at their own expense,
and will be responsible for clean -up of all race related debris.
Fiscal Impact
None
Exhibits /Attachments
Race request letter.
Additional race information sheet.
Map of race course.
Council Action
11/16: Approved on Consents alendar 4 -0.
n Y -
JOHN K. COLWELL, M. D., F. A. C. S., INC. RONALD H.YONAGO. M. D., F. A.C.S..INC.
SAYLO MUNEMITSU. M. D..F. A.C. S.,INC. GENE T. YORE, M. D., F. A.C. S•.INC.
A. CRANE CHARTERS, M. D., F. A.C. S., INC.
PRACTICE LIMITED TO SURGERY
2450 SAMARITAN DRIVE
October 25, 1983 SAN JOSE,CALIFORNIA 95124
TEL. 358-1855
Mayor and City Council
City of Saratoga -
13777 Fruitvale Ave.
Saratoga, California 95070
Dear Mayor Moyles & Council Members:
The Rotary Club of Los Gatos has recently announced our
intention -to assume the sponsorship of "The Great Saratoga to
Los Gatos Race" (formerly known as "The Great Race "). In the
past, this race was sponsored by Western Federal Savings and
Loan, and the later by Downey Savings and Loan.
Downey Savings has announced that they will no longer be
sponsoring the race, and we feel that the race has become an
important community tradition which should be upheld and
continued. Los Gatos Rotary will be joined in the endeavor by
the Los Gatos Athletic Association.
We have tentatively selected January 8, 1984 as the date .for
the next years race. We respectfully solicit the permission
and support of the City of Saratoga.
We request the closure of the street on the west side of Blaney
Plaza from Big Basin to Highway 9 from �: :�t?'a.m. to .U. -,-00- a.m.
An outline of the race is enclosed with this letter.
Thank you for your consideration in this matter.
Sincerely,
J hn Colwell, M.D.
,President
Rotary Club of Los Gatos
JC /sc
cc: City Manager
THE GREAT.SARATOGA
TO
LOS GATOS RACE
PROPOSED DATE: Sunday,
January
8,
1984.
CTAn -r T \I/+ nn T.tt
FINISH LINE:
STARTING TIME:
D RATION :r ji,. .
PRE -RACE ACTIVITIES:
RACE DESCRIPTION:
Saratoga -Los Gatos.Road at Big Basin'Way i-n Saratoga.•
Santa Cruz Avenue between Nicholson Avenue and Bean
Avenue in Los Gatos.
9:00 a.m.
The slowest runners should finish. n'o later than
10:15 a.m. All street closures would be over by
that time.
In Saratoga, race day r.egistration.wil : l take pl.ac.e
in the parking lotsof Downey Savings and Pacific
Valley. Bank. In Los Gatos, the finish. line and
chutes will be set up along S.anta Cruz Avenue between
Nicholson Avenue and Bean Avenue.
The length of the race is.approximately 3 and 3/4
miles long. The runners will run along the southerly ".
edge of Saratoga- Los.Gatos Road from'the starting
line to Santa Cruz Avenue, then south 06.Santa Cruz
.Avenue to the finish.line. Finish chutes will take
the runners around the corner on Bean Avenue and back
north through the alley. Awards and other post - race
activities will take place .in the Downey Savings
parking lot..
LITTER CONTROL: At the starting line, registration officials and
starters will check for and remove litter before
leaving the area. At the race conclusion all litter
will be removed at the-conclusion of the awards
activities. Race monitors.along the .course will
check for litter after all runners have cleared
their area.
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CITY OF SARATOGA
�^ Initial:
AGENDA BILL NO. J �-{o Dept. Hd.
DATE: November 6, 1983 C. Atty.
DEPARTMENT: Community Development C. Mgr.
SUBJECT: C -205, Open House Signs in Residential Zoning Districts
Issue Summary
1. City Council re- adopted an ordinance (NS -3.48) which allowed two
one sq. ft..open house signs to be located at an intersection at
its meeting of December 2, 1981.
2. This ordinance is scheduled to expire on January 1, 1984.
3. The Los Gatos - Saratoga Board of Realtors has requested that the
ordinance be re- adopted permanently.
4. Staff is not aware of any complaints or problems associated with
these signs.
Reccnu endation
1. Staff recommended approval of this ordinance to the Planning Com-
mission as a permanent ordinance.
2. Council should open the public hearing and take testimony.
3. First reading of the ordinance should occur at this meeting and
the second reading at the next meeting.
4. The Negative Declaration should be adopted prior to the first reading.
Fiscal Impacts
None antitipated.
Exhibits /Attachments
Exhibit
A -
Negative
Declaration
Exhibit
B -
Staff Report
dated 10/4/83
Exhibit
C -
Ordinance
N.S. 3.48.1
Exhibit
D -
Planning
Commission Resolution C- 205 -1.
Exhibit
E -
Planning
Commission Minutes dated 10/12/83.
Council Action
11/16: Mallory /Fanelli rrnved to approve Negative Declaration. Passed 3 -0.
Mallory /Fanelli moved to read by title only, waiving further reading. Passed 3 -0.
Mallory /Fanelli moved to introduce as read by title only. Passed 3 -0.
12/7: Clevenger/Mallory moved to read by title only. Passed 5 -0.
Moyles /Callon roved to adopt Ordinance NS 3.48.1. Passed 5 -0.
�EIA -4 File No:C -205
Saratoga
DECLARATION THAT ENVIRONMENTAL
IMPACT REPORT NOT REQUIRED
(Negative Declaration)
Environmental Quality Act of 1970
The undersigned, Director of Planning and Environmental Control of the
CITY OF SARATOGA, a Municipal Corporation, after study and evaluation
has.determined, and does hereby determine, pursuant to the applicable
- = provisions of the Environmental Quality Act of 1970, Sections 15063 through
15065 and Section 1507.0 of the California Administrative Code,.and.Resolu-
tion 653- of the -City of Saratoga, that the following described project will
have no significant effect (no-substantial adverse impact) on the environment
within.the.terms and meaning of-said Act.
PROJECT DESCRIPTION
Amendment to Zoning Ordinance (Signs) to allow free standing signs
in residential districts for the purposes of advertising open house
sales and a proposed modification to eliminate the two year sunset
clause.
NAME AND ADDRESS OF APPLICANT
City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA. 95070
REASON FOR NEGATIVE DECLARATION
The project as proposed will not have a significant impact on the
environment. The ordinance as proposed will eliminate the typical
"A" frame signs used for open house sales. The proposed amendment
is in keeping with the general character and purposes.of'..the,'.:City of
Saratoga.
Executed at Saratoga, California this Co day of
ROBERT S. SHOOK
DIRECTOR OF COMMUNITY DEVELOPMENT AND
ENVI,I�ONMENTAL CONTROL OF THE CITY OF
SAXATiOGA
DIRECTOR'S AUTHORIZED STAFF MEMBER
19 '?3
V
1
Y
REPORT TO PLANNING COMMISSION
DATE: 10/4/83
Commission Meeting: 10/12/83
SUBJECT C -205, Open House Signs in Residential Zoning Districts
----------------------------------------------------------------------------
On November 19, 1980 the City Council adopted Ordinance No. NS -3.44
which allowed a maximum of two double faced open house real estate
signs per intersection. The signs were limited to one square foot
- - -in size. The ordinance was to.:be in effect for only one year after
which time the City Council was to review the performance of the
ordinance.
The Planning Commission recommended that the ordinance (renumbered
NS -3.48) be made permanent at its meeting of November 17, 1981 at
the end of the one year period. However, the City Council at its
meetings of November 18, 1981 and December 2, 1981 decided to ex -.
tend the ordinance for only two years. This two year period will
expire January 1, 1984.
The Los Gatos - Sartoga Board of Realtors, the group which orginally
proposed the ordinance, has again requested that the ordinance be
reviewed and adopted before it expires. Staff is not aware of any
complaints or significant problems associated with these signs.
The same was true at the end of the first year of this ordinance. A
copy of the current ordinance:�is attached.
RECOMMENDATION:
Since there have been no compliants received regarding these type
of signs and the purpose of the ordinance (i.e. the elimination of
larger, illegal open house signs) has been accomplished to some ex-
tent, staff would recommend that the Planning Commission make the
required findings and adopt the attached resolution recommending
that the ordinance be made permanent.
APPROVED-
Michael Flor s
Assistant Planner
MF /bjc
P.C. Agenda 10/12/83
RESOLUTION NO. C -205 -1
A RESOLUTION RECOMMENDING A PROPOSED MODIFICATION
TO NS -3.48 REGARDING REAL ESTATE SIGNS.FOR RESIDENTIAL
DISTRICTS-
WHEREAS, an application for amendment to the Zoning
Ordinance was initiated by Staff in conjunction with the Saratoga -
Los Gatos Board of Realtors in November 1981 and eventually approved
by the City Council on December 2, 1981 and became effective on
January 1, 1982, and
WHEREAS, the Ordinance contained a clause that the Ordinance
would become null and void after two years in order to allow the
Commission and City Council to determine the merits of the existing
Ordinance, and
WHEREAS, after a two year period of time, staff has received
no complaints in regard to the existing Ordinance, and
WHEREAS, the Planning Commission held a public hearing on
said proposed amendment, which public hearing was held at the following
time and place to wit: at the hour of 7:30 p.m. on the 12th day of
Oct-nhPr , 1983, at the City Council Chambers, 13777 Fruitvale
Avenue, Saratoga, California, and
WHEREAS, after careful consideration the proposed amendment
as it would affect the Zoning Regulations in the General Plan of
the City of Saratoga, and after consideration of the staff report
and the attached Declaration update, the Commission has made certain
findings and is of the opinion that the proposed amendment attached
hereto and marked NS,3:48-.1 shall be formally recommended to the
City Council.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
of the City of Saratoga as follows:
1. That the proposed amendment attached hereto be and the
same as hereby affirmatively recommended to the City
Council of the City of Saratoga for adoption as part of
the Zoning Ordinance of the City.
2. That the report of Findings of this Commission, a copy
of which report is attached hereto and marked Exhibit
"B ", be and the same as hereby approved, and
BE IT FURTHER RESOLVED that the Secretary is directed to
send a copy of this resolution of recommendation with attached
proposed amendment and Report of Findings and summary of hearings
held by this Commission to the City Council for further action in
accordance with State law.
PASSED AND ADOPTED by-the City of Saratoga Planning Commission,
State of California, this 12th day of October 1983 by the
following vote:
AYES: Commissioners Crowther, Hlava, McGoldrick, Nellis, Schaefer and
Siegfried
NOES: None
ABSENT:None
iii IrL �G
Chairman, Planning Comm' Sion
ATTEST:
'� c�Cc -ate S_ Sl2'k .
Secretary
EXHIBIT B
TTT�TT TTT /�f� _
C -205
1. The proposed Ordinance will not be detrimental to the
health, safety and welfare of the citizens.
2. The amendment would not be injurious to property and
improvements.
3. The proposed amendments to the text of the zoning
ordinance are required to achieve the objectives of
the General Plan and zoning ordinance as prescribed
in Section 1.1 of the zoning ordinance.
3
x
i
C
Planning Commission
Meeting Minutes 10/12/83
GF -344 (cont.)
Page 3
C � c -A
mitigated by (a) use of land intensity, (b) increase in density in appropri-
ate locations on flat land near transportation corridors, (c) increase in
current height limits in multi - family zones along transportation corridors,
(2) preservation of the current housing stock, (3) encouraging the building
of rental units, (4) increasing the amount of housing that is available for
moderate and low income residents. She listed ways to increase the housing
availability in Saratoga using existing single- family homes without sub-
dividing their lots. She noted the restrictiveness of the ordinance. She
stated that they do strongly support the provision requiring owner occupancy
of one of the units, and recommend that renewal of the use permit should be
required when the property changes hands. She added that all of the existing
secondary units should come under conditional use permits.
Mildred Gordon, President of the Senior Coordinating Council, stated that
she did not feel that it should be limited to two people in one unit, and
discussion followed on this limitation. She suggested that if it is considered
an attached portion there should be a common wall.
It was directed that this matter be continued to a study session on October
18, 1983 and the regular meeting of October 26, 1983. Staff commented that
they hoped to have the revised draft available by the study session.
4a. SDR -1545 - Warren Sturla, Request for Tentative Building Site Approval
4b. V -615 - and Design Review Approval for four (4) office condominiums
4c. A -900 - and Variance Approval for compact parking and a reduced side
setback at the southwest corner of Cox Avenue and Saratoga
Creek Drive in a P -A zoning district
It was directed that this matter be continued to a study session on October
18, 1983 and the regular meeting of October 26, 1983, at the applicant's
request.
C -20S - �ity of Saratoga, Amendment of the Zoning Ordinance to continue
o allow open house signs in residential zoning districts as
/urovided for in Sections 10.2 and 10.11 of the ordinance before
/ these provisions expire December 17, 1983, per Ordinance NS -3.48
The amendment to the zoning ordinance was discussed. Staff clarified that
this is dealing with off -site signs. Discussion followed on private home-
owners being in violation and unaware of the ordinance. The City Attorney
commented that in the near future the City will be implementing a general
infraction procedure whereby anyone who violates the Zoning Ordinance would
be cited. There would first be a warning to bring it into compliance, and
if they fail to do so and there is a citation again, then they would be
subject to a fine.
The public hearing was opened at 8:10 p.m.
Bill Murphy, Los Gatos - Saratoga Board of Realtors, spoke in favor of the
ordinance. He indicated that they do police it and the ordinance is more
effective with their own members. He added that they would like to see a
fine instituted. Discussion followed on the policing.
Commissioner Hlava moved to close the public hearing. Commissioner Nellis
seconded the motion, which was carried unanimously. Commissioner Nellis
moved to recommend approval of Resolution C -205 -1 to the City Council. Com-
missioner Hlava seconded the motion, which was carried unanimously 6 -0.
6a. A -910 - Mr. and Mrs. Samuel Tyler, Mr. and Mrs. George Kocher (Duke of
6b. V -619 - Wellington), Request for Design Review Approval to enclose an
existing dining patio and Variance Approval to allow additional
floor area without additional parking provided at 14572 Big Basin
Wav
The public hearing was opened at 8:14 p.m. It was directed that this be
continued to a study session on October 18, 1983 and the regular meeting of
October 26, 1983, at the applicant's request.
- 3 -
Saratoga Area
SASS SENIOR COORDINATING COUNCIL
P. O. Box 123 • Saratoga, California 95070
December 1, 1983
Mayor David Moyles and
Members of the Saratoga City Council
13777 Fruitvale Avenue
Saratoga, California 95070
Gentlepersons:
DEC 21983
Recognizing the need for suitable housing for Seniors
in Saratoga, the Saratoga Area Senior Coordinating Council
recommends the Council enact a realistic Second Unit Ordinance
in accordance with the philosophy and goals of Senate Bill 1534
which could substantially increase such housing.
Upon studying the proposed Second Unit Ordinance, we
feel it is unnecessarily restrictive and will be of little
help in meeting the social and economic needs of Senior resi-
dents in this community. A pattern of diminishing household
size and increasing age is changing the housing needs of
many of our residents who are now overhoused and living alone.
However, they desire to maintain their independent living in
Saratoga.
The proposed ordinance applies to only a very few
large parcels of land. The very size and location of these
parcels may be of very little benefit to Seniors. The very
restrictiveness of the proposed ordinance will lead to the
continued creation and use of illegal second units without
benefit of proper inspection for safety and health.
An appropriate ordinance should maintain the estab-
lished zoning requirements, such as slope, set - backs, area
covered, height, etc. A requirement that the second -unit
addition have a single common wall with the original family
structure would make it possible to retain the visual con-
cept of a city of single family homes. Such second units
could be appropriate for smaller sites, opening the possi-
bility to more home owners.
Mayor David Moyles
December 1, 1983
Page 2
A realistic ordinance, such as this, would discourage
Property owners from building illegal units. We feel much
of the opposition to second units is due to the failure to
enforce current ordinances,
We urge you to provide a practical Second Unit
Ordinance that will really address the needs of Saratogans.
Representatives of our organization will be happy to work
with You in any way possible.
Sin erely,
Louise G. Co er, Chairman
SASCC Housing Committee
Mildred Gordo Member
Peggy Corr, Member
'�7'?Y L�2��
CITY OF SAI IC CA
�7 Initial:
AGI'WA BILL NO. Jr4 / Dept. Hd.
SV
DATE: November 10 1983 C. Atty
DEPT: City Manager
C. Mgr.
SUB,7ECT: Purchase of E1 Quito Park By Conditional Sale Agreement
Issue Summary .
The City of Saratoga has developed park facilities on the site known as
El Quito Park, lands owned by Moreland School District. City possesses this
land by virtue of a lease agreement which anticipates eventual purchase-of
the site by the City. Moreland School District owns the Brookview School site
in the vicinity and the E1 Quito School-site on which El Quito Park has been
developed. The School District has declared Brookview School site to be
surplus land and, pursuant to State law, has offered a portion of the site
to the City for use as a park site at one fourth of its market value. After
negotiations on the matter, the City and the School District have worked out
an agreement under which the City can acquire the 6.6 acres of E1 Quito Park
from Moreland School District at 25% of the market value. The purchase of
the site at this price is conditioned, however, on Moreland School District
obtaining a satisfactory approval for residential development of the Brookview
School site.
Recommendation:
Approve the attached agreement for the conditional sale of E1 Quito Park to
the City of Saratoga by Moreland School District; authorize the Mayor to
execute the agreement on behalf of the City.
Fiscal Impacts
The purchase price of $371,250 will be funded through two sources: $171,000
from State Park Bond Act allocations to the City; $200,000 from development
fees designated for this purpose from previous development within the City.
E- hibiis /Attachments
1. Copy of purchase agreement
2. Report to the City Council from City Manager dated 11/09/83
Council Action
11/16: Clevenger /Mallory moved to endorse agreement but spend no irony on future development
until sale is permanent. Passed 4 -0.
o� SARA
REPORT
TO MAYOR AND
CITY COUNCIL
DATE: 11/9/83
COUNCIL MEETING: 11/16/83
SUBJECT' Purchase of E1 Quito Park By Conditional Sale Agreement
Background
The City of Saratoga has developed and maintained a park site,
known as El Quito Park, on Paseo Pasada north of Cox Avenue.
The park site is on lands leased by the City from Moreland School
District. The City's general plan and park master plan call for
the continuation of this site as a community park.
The lease agreement -. , between the City and Moreland'School District
for the City's use of the site as a park anticipates the City's
future,,puirclhasse of. --the site. However, the agreement also provides
the Moreland School District can reobtain possession of the land
quite easily. The City has invested approximately $220,000 of its
own funds and State Park Bond monies allocated to the City in the
development of the site.
Under present California law known as the "Naylor Act ", any school
lands that are determined to be surplus by the School District
may be acquired by other local governments for park purposes at 25%
of the market value of the land. The City has been anticipating
the Moreland School District would declare El Quito's school site
surplus so that a portion of the Quito Park could be acquired by
the City under the Naylor Act. The City would be eligible to acquire
about one -half of the park site at this favorable rate under the
terms.of the law. Moreland School District, however, declared the
Brookview School site located just to the north of El Quito School
as surplus instead. In response to this, the City Council responded
positively to the notice of declaration that it intended to enter
into negotiations for acquisition of a portion of the Brookview
School site,for lands. in li -eu thereof,for park purposes. City staff
were directed to negotiate with Moreland School District officials
for the acquisition of El Quito.Park under the Naylor Act as a result
of the declaration on the Brookview site. Negotiations between
the City of Saratoga and the Moreland School District officials
have developed a conditional sale agreement under which the City
may acquire all of the El Quito Park site at 25% of its present
market value pursuant to the terms of the Naylor Act. The agree-
Purchase of El Quito Park By Conditional Sale Agreement
November 9, 1983
Page Two
ment however, is conditioned on the City completing processing of
an application by the School District for a residential subdivision
on the Brookview School site within a certain period of time.
Recommendation
It is recommended that the City Council approve the conditional sale
agreement attached for the purchase of E1 Quito Park from the Moreland
School District subject to the terms and conditions expressed therein.
It is further recommended that the Mayor be authorized and directed
by the City Council to execute the agreement on the part of the City.
Discussion
Given the background of.this situation, the conditional sale agree-
ment provides the best opportunity for the City of Saratoga to
acquire El Quito Park under the favorable terms provided in the
Naylor Act. The cost to the City for the acquisition of the 6.6
acres presently developed as park.land is $371,250. This amount
represents 25% of the fair market value of the property reflected
in two recent independent appraisal reports. If the City had to
acquire the park site without benefit of the provisions of the
Naylor Act, the value of the land would exceed $1.2 million. At
that amount it is unlikely the City could afford to acquire all
of the land for park.purposes. Since the City has already expended
more than $220,000 in developing the site as a park, no additional
development cost is required at this time. Funding for the City's
cost of acquisition will come from two sources: $171,000 will be
applied from State park Bond monies allocated to the City of Saratoga
for this purpose; $200,000 will be applied from development fees
restricted for this purpose as a result of previous development
within the City.
The terms and conditions of the agreement appear reasonable, although
the sale of land is conditioned on Moreland School District receiving
an approval of residential subdivision on the Brookview School site
within a.certain period of time. Moreland School District has
already applied for the residential subdivision and-it is being
handled through the normal procedures. The proposed development
consists of single family detached housing on the Brookview School
site within the densities allowed by current zoning and consistent
with the general plan. Except for the review of traffic impacts
and circulation, there are no foreseeable complications or problems
related to the proposed development.
Purchase Of E1 Quito Park By Conditional Sale Agreement
November 9, 1983
Page Three
In the event the conditions of the sale by Moreland cannot be met,
the agreement provides for reversion of all terms and conditions
back to the previous standing. In other words, the City of Saratoga
would retain possession of E1 Quito Park under the terms and condi-
tions of the present lease agreement. The purchase price paid by
the City would be returned to the City by the Moreland School District
and the rights and entitlements of both agencies under the Naylor
Act would remain. Under these terms and conditions, it appears
that the concerns and interest of both parties are protected and
the agreement provides for fair and equitable resolution of the
objectives of both jurisdictions.
The agreement has been drafted through the City Attorney's office and
the attorney for Moreland School District, according to the outlines
suggested by the City at the beginning of the negotiating process.
This outline was initiated through the effort of Mayor Moyles and
Councilmember Mallory and City staff in discussion with board
members and representatives of the Moreland School District.
WV 4 :"
J Way Dernetz
JWD /po
r"
OThis agreement is made by and between the MORELAND SCHOOL
DISTRICT ( "DISTRICT ") and the CITY OF SARATOGA, a municipal
corporation ( "CITY").
WHEREAS, District is the owner of that certain real property
situated in the City of Saratoga, County of Santa Clara, State of
California, described in Exhibit "A" attached hereto and incorp-
orated herein ( "Premises "); and
WHEREAS, City is a municipal corporation established under
the laws of the State of California and, as such, is entitled to
priority in the purchase of surplus real property of a California
School District pursuant to Education Code Section 39390, et.
.seq.; and
• WHEREAS, City desires to acquire, use and maintain the
aforementioned property for playground, playing field or other
outdoor recreational and open space uses; and
WHEREAS, the Education Code of the State of California, Part
23, Chapter 3, Article 5, Sections 39390 to 39404 ( "Naylor Act ")
authorizes the sale under special conditions of surplus school
playground, playing field, and recreational property to a city
within which the land is situate,
NOW, THEREFORE, District agrees to sell to City and City
agrees to buy from District the premises described in Exhibit A
on the terms and conditions hereinafter set forth:
Section 1 - Termination of Lease. District is presently
• leasing the Premises to City pursuant to a certain Lease for Park
f�i�Z :ASE AGREEMENT '.•e
Purposes dated September 12, 1972. Upon close of escrow, said •
lease shall be terminated and each party shall be released and
discharged from further obligation or liability thereunder. If
repurchase option is exercised under the provisions of Section 10
following, said lease shall be .reinstated and continue to funct-
ion under all the original terms as if it had not been termin-
ated.
Section 2. Representation by City. City represents and
agrees that, in accordance with California Education Code Section
39397.5, it does not desire nor intend to purchase any other
property belonging to the District at the price established in
Education Code Section 39396 and further, the acquisition of the
Premises by City will constitute the maximum surplus school S
acreage now owned by District which City is entitled to purchase
pursuant to the Naylor Act. Should the City determine that the
Premises are no longer needed for playground, playing field or
other outdoor recreation and open space purposes the City shall
offer the Premises'to the School District for reaquisition as
prescribed in Education Code Section 393.98 at twenty five (25 %)
percent of fair market value.
Section 3 - Purchase Price. The purchase price shall be
three hundred seventy one thousand two hundred and fifty dollars
($371,250.00), payable by City to District in cash at close of
escrow.
Section 4 - Legal Titi., Title will be conveyed by grant
deed from District subject to exceptions three (3) and five (5) •
f � .
0
as shown on preliminary title report number 700412 dated Septem-
ber 20, 1983 prepared by First American Title Guaranty Company.
At close of escrow District shall furnish City a standard CLTA
policy of title insurance showing legal title to the Premises in
City, free and clear of all liens or encumbrances except for
those items specifically provided herein.
Section 5 - Possession. Possession of the Premises shall be
delivered by District to City at close of escrow.
Section 6 - Escrow. The parties designate First American
Title Guaranty Company as escrow agent for the sale transaction.
Escrow shall be opened within five (5) business days after execu-
tion of this Agreement and shall close not later than thirty (30)
• days after District has complied with appropriate actions re-
quired by Ed. Code Sections 39390 et. seq.
Section 7 - Prorations and Closing Costs. Taxes and assess-
ments on . the Premises shall be prorated as of close of escrow.
The cost of premiums on the title insurance policy, escrow and
recording fees, transfer or conveyance fees shall be paid by
City: Other customary closing costs or expenses shall be shared
equally between the parties.
Section 8 - Assignment. No assignment by City of its rights
hereunder shall relieve City from any of its duties or obliga-
tions provided herein unless District shall have consented in
writing to such assignment.
Section 9 - Processing of Subdivision Map. City acknowl-
1
months after such application is filed the time limit shall be
extended for an additional three months if City is continuing to
diligently process the application in good faith and the delay is
due for reasons outside the control of City. Further extension
shall be at the option of the District. As used herein, the term
"final action" shall mean the final action on the application by
the Saratoga Planning Commission if no appeal is taken therefrom,
or the final action by the Saratoga City Council on any appeal •
•
edges that District intends to submit to City an application for
approval of a tentative subdivision map on other property owned
by District known as the Brookview School, which is located
within the geographical limits of City and presently zoned for
medium density residential use. City will advise District of any
plans, drawings, studies, reports (including environmental impact
reports) and other documents or activities that may be required
for the processing of such application. It is anticipated that
the application for tentative map approval, including environ-
mental impact questionnaire, will be filed with City on or before
November 1, 1983. In the event the application is filed by
District after such date, the time for the City to approve said
tentative map shall be extended by the period of delay, it being
•
the intention of the parties that a time interval of not more
than seven (7) months shall exist between the date of filing the
application and the date for final action on the tentative map.
District agrees that if final action is not taken by City on
District's tentative subdivision map application within seven (7)
months after such application is filed the time limit shall be
extended for an additional three months if City is continuing to
diligently process the application in good faith and the delay is
due for reasons outside the control of City. Further extension
shall be at the option of the District. As used herein, the term
"final action" shall mean the final action on the application by
the Saratoga Planning Commission if no appeal is taken therefrom,
or the final action by the Saratoga City Council on any appeal •
{
PURCHASE AGREEMENT Page 5
• taken from the decision of the Planning Commission.
Section 10 - Repurchase Option. In the event District's
application for approval of a tentative subdivision map is denied
by City, or if the City does not approve a tentative map accept-
able to the District within the aforementioned seven (7) months,
subject to extension as herein provided, District shall have the
option to repurchase the Premises from City for the same purchase
price specified in Section 3 above. City shall insure that the
Premises shall be subject to not more than the same easements,
rights of way, restrictions, reservations, conditions, deeds of
trust, liens and encumbrances thereon as when City took title.
District shall not be obligated to pay City any interest on the
• purchase price for the period of City's ownership of the prem-
ises. Such option must be exercised by written notice from
District to City received within thirty (30) calendar days after
the date on which final action was taken by the Planning Commis-
sion or the City Council on appeal or after termination of the
seven (7) month period or extension thereof. Upon receipt of the
notice, City shall promptly reconvey the Premises to District and
District shall contemporaneously therewith pay the purchase price
to City. All costs of reconveyance, including any escrow fees
and recording fees shall be paid by District. In such case City
does not forfeit any of its rights or privileges to the Premises
as specified under Ed Code Sections 39390 et. seq. (Naylor Act).
•
palj-24;0• �. ffiN M MI, I I
Section 11 - Notices. Any notices required or permitted to •
be given hereunder shall be in writing and shall be either per-
sonally served or sent by certified mail, return receipt request-
ed, to the other party addressed as follows:
To District: Moreland School District
Attention: Robert W. Reasoner, Superintendent
4710 Campbell Avenue
San Jose, California 95130
With copy to: School Property Managers
Attention: R. G. Bjoring
645 Hermosa Way
Menlo Park, California 94025
To City: City of Saratoga
Attention: Wayne Dernetz, City Manager
13777 Fruitvale Avenue
Saratoga, California 95070
Any notice sent by mail shall be deemed received on the second
business day after deposit in the U.S.Mail, with proper postage •
prepaid thereon, addressed as set forth above.
Section 12 - Attorney's Fees. In the event legal action
shall become necessary in order to enforce or interpret this
Agreement, the prevailing party shall be entitled to recover all
costs and expenses as may be incurred in connection therewith,
including reasonable attorney's fees.
Section 13 - Miscellaneous.
a. Entire Agreement This agreement constitutes the
entire agreement between the parties and supersedes and cancels
all prior agreements or understandings, either written or verbal.
b. Amendment. This agreement can only be amended by a
written amendment duly executed by the parties.
•
•
c. Authority. Each party hereby represents and war-
rants to the other that the persons. executing this Agreement on
their behalf have been duly authorized to do so and that this
Agreement constitutes a valid and binding obligation upon such
party.
IN WITNESS WHEREOF, District and City have executed
this agreement on the day of , 1983
at , California.
MORELAND SCHOOL DISTRICT CITY OF SARATOGA
By By
John Anderson, President David Moyles, Mayor
• ATTEST:
Robert W. Reasoner, Secretary Wayne Dernetz, City Clerk
Approved as to form:
District Legal Counsel
•
City Attorney
Order No. 700412,0".
Amended v
FMIBIT "A"
Real property situated in the City of Saratoga, County of Santa Clara, State
of California, described as follows: •
Being a portion of that certain 12.03 acre parcel of land shown on that certain
Record of Survey filed for record in Book 32 of Maps, at page 45; Santa Clara
County Records, described as follows:
BEGINNING at the Southwest corner of said 12.03 acre parcel of land; thence
from said Point of Beginning, along a Westerly line of said 12.03 acre parcel
North 390 03' 00" East 696.77 feet to a Westerly corner of said 12.03 acre parcel;
thence South 78° 05' 50 'East 264.20 feet; thence South 71' 01' 15" East 130.00
feet to a point in a Westerly line of that certain parcel of land described in
the Deed to the City of Saratoga recorded August 8, 1962 in Book 5675 of Official
Records at page 487, Santa Clara County Records; thence along said Westerly line
South 180 58' 45" West 480.03 feet to a point in the Southerly line of said 12.03
acre parcel; thence leaving said Westerly line, along said Southerly line the
following courses: South 88° 13' 00" West 628.66 feet and North 50° 57' 00" West
46.29 feet to the point of beginning.
•
•
' CI"?Y OF SARATOGA
AGENDA BILL NO. S-(�
DATE: 11 -10 -83
DF'PAR'I"=. Finance
SUBJECT: Business License Tax Ordinance Revisions
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
------------ — r -------
Issue Sumnary
The City's Business License Ordinance, first enacted in 1964, has not had
a general fee revision since 1974 (the "cost of living index" has risen
by more than 128% since then). In light of this, and the City's need
for additional revenue, we are proposing that the fees be revised by
adoption of the attached Ordinance.
To mitigate.the impact on small business' the new fees are tiered based
on the number of employees. Additionally, those under eighteen who earn
less than $4,000.00 annually, are exempt from billing.
To simplify the administration and enforcement of the ordinance the previous
Fee schedules have all been consolidated into one general schedule with
the exception of Peddlers and Solicitors. Also, provisions relating to
proration were eliminated.
Recommendation
Ono adopt the attached ordinance.
Fiscal Imoacts
The new fee structure is expected to increase the annual collections in this
are from around $36,000 to over $100,000.
Exhibits /Attachments
ordinance (previous reports, letters, etc. are available at City Clerk's Office)
Council- Action - - - - -- - - -- --
11/16: Public hearing set for 12/7.
12/7: Clevenger/Moyles moved to continue public hearing to 1/4. Passed 4 -1 (Mallory opposed).
0
1/4: Fanelli /Moyles moved to continue public hearing to 1/18. Passed 5 -0.
1/18: Moyles /Callon moved -.to continue public hearing to 3/7. Passed 5 -0.
3/7: Fanelli /Moyles moved to table until after June election. Passed•5 =0':.
ORDINANCE NO.
. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
AND ADDING VARIOUS SECTIONS TO CHAPTER 4 OF THE
SARATOGA CITY CODE PERTAINING TO BUSINESS
REGULATIONS AND BUSINESS LICENSE TAXES
The City Council of the City of Saratoga does hereby ordain as follows:
Section 1: This ordinance is being adopted to establish a new business
license tax, the proceeds of which are to be used for the usual and current expenses of
the City of Saratoga. Therefore, pursuant to the authority of California Government
Code Section 36937(d), this ordinance shall take effect immediately upon its final
passage by the Saratoga City Council.
Section 2: Section 4 -7 of Chapter 4 of the Saratoga City Code is hereby
amended to read as follows:
Sec. 4 -7. Licenses for circuses, carnivals, etc
Any person desiring to operate or conduct any circus or
similar exhibition, side shows, after shows, side shows at
carnivals, circus processions and parades, ferris wheels, scenic
railways, merry -go- rounds, swings or similar devices or
carnivals where games of science and skill are conducted shall,
in addition to acquiring a permit as required by this division,
. obtain a license from the license collector. Such license shall
be issued only upon prepayment of the fees as required pursuant
to y 4 -110 of this Chapter.
No such license shall be issued unless and until the
applicant therefor has a valid permit covering the specific
location in question.
No license fee shall be required of any religious,
charitable or veterans' organization or group; provided, that at
the time of issuance of such license, satisfactory evidence shall
be presented to the license collector showing that the proceeds
from the aforementioned enterprise are to be used exclusively
for religious, charitable or veterans' purposes. Nothing in this
paragraph shall relieve any of the abovementioned groups from
the obligation of obtaining a permit, as required by the
provisions of this division.
Section 3: Section 4 -19 of Chapter 4 of the Saratoga City Code is hereby
amended to read as follows:
Sec. 4-19. Same —Fee.
Each license required by this division for each place of
business shall be issued only upon prepayment of the license fee
• required pursuant to § 4 -110 of this Chapter.
-1-
Section 4: Section 4 -29 of Chapter 4 of the Saratoga City Code is hereby
amended to read as follows: .
Sec. 4-29. Same —Fee.
Each license required by this division for each place of
business shall be issued only upon prepayment of the license fee
required pursuant to 9 4 -110 of this Chapter.
Section 5: Section 4 -41 of Chapter 4 of the Saratoga City Code is hereby
amended to read as follows:
Sec. 4 -41. Licenses required for Class "C" dances.
No person shall conduct a public dance of the class
covered by Class "C" permits without first obtaining a license
from the license collector. No such license shall be issued
unless the applicant therefor has obtained a Class "C" permit as
required by this article. No license shall be issued for a period
longer than one year. The license fee for Class "C" public
dances shall be as required pursuant to 3 4 -110 of this Chapter.
Section 6: Section 4 -101 of Chapter 4 of the Saratoga City Code is hereby
amended to read as follows:
Sec. 4-101. Definitions_
For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:
(a) Business. Each and every business, commercial or
industrial enterprise, trade, profession, occupation, vocation,
calling or any means of livelihood, whether or not carried on for
gain or profit, either on a continuous or occasional basis.The
term shall include solicitors and peddlers hereinafter defined.
The term shall include any person, whether having a fixed place
of business in the city or not, who operates a motor vehicle
over the streets of the city for the purpose of pick -up or
delivery of personal property in the city, or who uses such
vehicle for any other purpose in connection with the transaction
of any business of such person, including without limitation, and
by way of example, the route delivery of bread, bakery
products, milk, groceries, laundry and cleaners, and the
nonroute delivery of building materials, goods, wares or
merchandise of any kind or description.
(b) City. "City" shall mean the City ui' Saratoga, a
municipal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated,
enlarged or reincorporated form.
(c) Collector. "Collector" shall mean the City Finance
Director or other City officer or employee charged with the
administration of this article.
-2-
(d) Employee. "Employee" shall mean any person
engaged in the operation or conduct of any business, whether as
• an owner, partner, officer, agent, manager or administrator,
and any and all other persons employed or working in said
business, either on a continuous or occasional basis, in either a
full time or part time capacity.
(e) Engaged in business. The conducting, operating,
managing or carrying on of a business, whether done as an
owner, or by means of an officer, agent, manager, employee,
servant or otherwise.
(f) Fixed place of business. "Fixed place of
business" shall mean the premises within the City where a
business is continuously conducted from day to day and
regularly kept open for the purposes of such business. The term
"regular place of business" shall have the same meaning as
"fixed place of business."
(g) License. The certificate issued by the City to the
licensee after such person has registered his business in accord
with this article, and where a license fee is imposed by this
article, after payment of such fee.
(h) Licensee. Each person subject to be licensed under
the terms of this article, whether or not such a license has
actually been procured.
(i) Peddler. Any person who goes from house to
house, or from place to place, within the City, selling and
making immediate deliveries or offering for sale and immediate
delivery to persons other than manufacturers, jobbers or
retailers, of such commodities, any goods, wares, merchandise
or any other thing of value in possession of such person, or who
offers services to be performed immediately, and shall include
any itinerant vendor who sells merchandise or property from
any vehicle.
(j) Person. "Person" includes all domestic and
foreign corporations, association, syndicates, joint stock
corporations, partnerships of every kind, clubs, Massachusetts,
business, or common law trusts, societies and individuals trans-
acting and carrying on any business within the City, other than
as an employee.
(k) Solicitor. Any person whose goes from house to
house, or from place to place, in the City, soliciting orders
from persons other than manufacturers, wholesalers, jobbers or
retailers of such commodities for any goods, wares,
merchandise or other thing of value for future delivery, or
soliciting orders from any person for services to be performed
in the future, or making, manufacturing, or repairing any
. article whatsoever for future delivery, or soliciting information
for use in the compilation of any listing directory or
-3-
information designed for use in compilation or analysis of data
for commercial purposes, or soliciting contributions of money
or other property or services for any charitable, social service,
political, benevolent or patriotic purpose, regardless of whether
or not such solicitation is by or on behalf of any religious
organization. The term "solicitor" shall include a person taking
subscriptions to newspapers, periodicals, magazines or other
publications or tickets of admission to entertainments or
memberships in any clubs.
Section 7: Section 4 -105.1 is hereby added to Chapter 4 of the Saratoga
City Code to read as follows:
Sec. 4- 105.1. Evidence of Doing Business.
When any person shall by the use of signs, circulars, cards,
telephone books, or newspapers advertise, hold out or represent
that he is in business in the City, or when any person holds an
active license or permit issued by a governmental agency
indicating that he is in business in the City or where any person
makes a sale, takes an order, renders a commercial service or
performs any other similar act within the City, then these facts
shall be considered prima facie evidence that he is conducting a
business in the City.
Section 8: Section 4 -107.1 of Chapter 4 of the Saratoga City Code is hereby
repealed.
Section 9: Section 4 -108.1 of Chapter 4 of the Saratoga City Code is hereby
repealed.
Section 10: Section 4 -109 of Chapter 4 of the Saratoga City Code is hereby
amended to read as follows:
Sec. 4 -109. Term of licenses; due date.
All licenses required to be obtained pursuant to this
article, except where otherwise specifically provided, shall be
annual licenses issued for the period commencing January first
of each year. All license fees required to be paid pursuant to
this article, except where otherwise specifically provided, shall
be due and payable on January first of each year, or on the date
any business might commence in the City after January first of
a particular year.
Peddlers' and solicitors' licenses may be issued on a daily,
weekly, monthly or annual basis.
There shall be no proration of any license fee for parts of
a day, a week, a month or a year when the business is not being
engaged in or conducted.
Section 11: Section 4 -109.1 of Chapter 4 of the Saratoga City Code is
hereby repealed.
-4-
r]
Section 12: Section 4 -110 of Chapter 4 of the Saratoga City Code is hereby
• amended to read as follows:
Sec. 4 -110. Classification and rate schedules.
(a— Every person, whether a resident or non - resident of
the City, who is engaged in, conducting, carrying on, or
managing any business, trade, profession, calling or occupation
within the City limits, except as may otherwise be provided by
this Chapter, shall pay an annual business license fee as follows:
Number of Employees Performing
Services in the City
On Behalf of the Person Annual Fee
1
$ 60.00
2 - 5
100.00
6 - 10
150.00
11 - 15
200.00
16 -20
250.00
20 -25
300.00
25 -40
500.00
Over 40
1,000.00
The number of employees shall be calculated and
declared by the licensee at the time the licensee applies for the
annual business license. Such calculation shall be made by
adding the total number of employees the licensee expects to
employ during each calendar quarter of the year for which the
fee is paid and dividing by four (4) to arrive at the average
number of employees during the entire year. The number of
employees shall include each and every employee performing
services in the City on behalf of the licensee, whether or not on
a continuous, occasional or part time basis. A part time
employee shall be counted as a fraction of one (1) to the extent
the number of h ours of such employee's employment during a
calendar quarter is less than the number of hours for
employment on a full time basis during such calendar quarter.
Should the actual number of employees performing services in
the City on behalf of the licensee be more than the number
declared by the licensee at the time the licensee applied for the
license, the City may assess and collect any additional license
fees calculated to be due and payable from the licensee and
may revoke the license or withhold renewal thereof until such
additional fee is paid in full.
(b) Peddlers and solicitors. Each peddler or solicitor,
regardless of whether or not operating out of a fixed place of
business within the City, shall pay a license fee of Five dollars
($5.00) per day, or Twenty -Five dollars ($25.00) per week, or
Fifty dollars ($50.00) per month, of Two Hundred Fifty dollars
($250.00) per year, per person, whichever is the lesser for the
period in time for which the license is issued.
-5-
Each peddler or solicitor shall be required to have a
separate license, and to pay a separate license fee, regardless •
of the fact that any such peddler or solicitor may operate out
of a fixed place of business within the City, save and except as
follows:
Where an operation is out of a fixed place of
business inside the City, by use of agents or employees as
peddlers or solicitors in the field, or where the peddler or
solicitor operates as an agent or employee of an owner,
manager or supervisor who supervises the work of such person
from a fixed place of business inside the City, the total license
fees paid by such business and its peddlers and solicitors
collectively shall in no event exceed three times the monthly
fee for a single peddler or solicitor's license.
(c) [SEE ALTERNATIVES 1, 2, 3 and 4.1
Section 13: Section 4 -110.1 of Chapter 4 of the Saratoga City Code is
hereby repealed.
Section 14: Section 4 -131.1 is hereby added to Chapter 4 of the Saratoga
City Code to read as follows:
Sec. 4- 131.1. Audit of statements and records.
No statements submitted to the collector shall be conclu-
sive as to the matters set forth therein, nor shall the filing of
the same preclude the City from collecting by appropriate
action such sum as is actually due and payable hereunder
pursuant to the requirements of this article. Any such state-
ment and each of the several items therein contained shall be
subject to audit and verification by the collector, his deputies,
or authorized employees of the City who are hereby authorized
to examine, audit and inspect such books and records of the
business which is the subject of the statement as may be
necessary in their judgment to verify or ascertain the amount
of business tax due. Records which shall be maintained for
audit purposes shall include state and federal income tax
returns, schedules and records included in such returns.
In no case shall any mistake made in stating the amount
of the business license tax prevent or prejudice the collection
of what shall actually be due from anyone carrying on a trade,
calling, profession, or occupation subject to a business license
under this article.
All persons subject to the provisions of th article shall
keep complete records of business personnel and payroll, and
state and federal income tax returns (including schedules and
records included in such returns). Such persons shall retain such
records for examination by the collector and maintain them for
a period of at least three (3) years. No person required under
this section to keep records shall refuse to allow authorized
-6-
representatives of the collector to examine said records at
reasonable times and places.
Section 15: Section 4 -131.2 is hereby added to Chapter 4 of the Saratoga
City Code to read as follows:
Sec. 4-131.2 Refunds.
No refund of an overpayment of business license fees
imposed by this article shall be allowed in whole or in part
unless a claim for refund is filed with the collector within a
period of three (3) years from the last day of the calendar
month following the period for which the overpayment was
made, and all such claims for refund of the amount must be
filed with the collector on form furnished by him and in the
manner prescribed by him. Upon the filing of such claim and
when he determines that an overpayment has been paid, the
collector may refund the amount overpaid.
Section 16: Section 4 -131.3 is hereby added to Chapter 4 of the Saratoga
City Code to read as follows:
Sec. 4-131.3 Misrepresentation.
No person shall knowingly or intentionally misrepresent to
any officer or employee of the City any material fact in any
statement or other information submitted to the collector or
• any agent of the City in connection with the administration and
enforcement of this article. Any person, who with the intent
to defraud the City or evade his business license fee obligation,
shall misrepresent in any business license application which he
files any fact material to the determination of a correct
amount of business license fee due, shall be assessed a penalty
of fifty percent (50 %) of the amount of business license fee
otherwise due, plus one percent (1 %) interest per month or
fraction thereof on the unpaid balance of the tax from the date
the tax was due until the date of payment.
Section 17: Section 4 -131.4 is hereby added to Chapter 4 of the Saratoga
City Code to read as follows:
Sec. 4-131.4 Appeals.
Any person aggrieved by any decision of the collector
with respect to the amount of business license fee determined
by the collector to be due may appeal to the City Manager by
filing a notice of appeal with the City Clerk. The City Clerk
shall thereupon fix a time and place for hearing such appeal.
The City Clerk shall give written notice to such person of the
time and place of hearing by serving it personally or by
depositing it in the United States Post Office at Saratoga,
California, postage prepaid, addressed to such person at his last
• known address. The City Manager, or his designated repre-
sentative, shall have authority to determine all questions raised
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on such appeal. No such determination shall conflict with any
substantive provision of this article.
The City Manager, or his designated representative, shall
consider all evidence offered by the person requesting a hearing
and by the collector, and may continue the hearing from time
to time. The City Manager, or his designated representative,
shall make his decision in writing and serve a copy upon the
person in the same manner prescribed for giving notice of the
hearing.
The City Manager, or his designated representative, may
increase or decrease the amount of the assessment as the
evidence introduced may require; but the amount of the assess-
ment shall not be increased unless the claim for the increase is
asserted on behalf of the City either before or during the
hearing.
Section 18: Section 4 -131.5 is hereby added to Chapter 4 of the Saratoga
City Code to read as follows:
Section 4 -131.5
Rules and regulations.
The City Manager may promulgate such rules and regula-
tions, not inconsistent with the provisions of this article, as
may be necessary or desirable to aid in the enforcement of the
provisions of this article.
Section 19: Division 5 of Article V of the Saratoga City Code is hereby
repealed.
Section 20: Division 6 of Article V of the Saratoga City Code is hereby
repealed.
Section 21: Article IX is hereby added to Chapter 4 of the Saratoga City
Code to read as follows:
ARTICLE IX
SALES OF CONCEALED WEAPONS
Sec. 4 -500. Scope of Article.
This article is enacted pursuant to the regulatory
authority granted to the City pursuant to Part 4, Title 2,
Chapter 1, Article IV, (commencing with Section 1207.0) of the
Penal Code of the State of California. All references made to
"licenses" and "licensing" in the aforementioned statutes shall
be deemed to refer to "permits" and "permitting" under this
article.
Sec. 4 -501. Permit Required.
Any person engaged in the business of selling, trans-
ferring, advertising or exposing for sale any pistol, revolver or
aZ
•
•
other firearm capable of being concealed upon a person, shall
• obtain a permit to do so in accord with the provisions of this
article, which permit shall be subject to all of the conditions of
Penal Code Section 12071, and any failure to have such permit
shall subject any such person to the prohibitions and penalty
provisions of Penal Code Section 12070.
Sec. 4-502. Permit Application, Fee and Grounds for
Denial.
Any application for a permit under this article shall be
filed as other business permit applications; except, that each
such application shall be presented directly to the code
enforcement officer who shall investigate the facts connected
with the application and whose approval shall be required prior
to the issuance thereof. A fee of Twenty -Five dollars ($25.00)
shall be paid to the City for each application submitted. No
such approval shall be granted if the code enforcement officer
finds that: (1) the applicant is not of good moral character, -or
(2) the sale of firearms by the applicant would constitute a
violation of any state law or other provision of this code. Such
application shall be processed through the Planning Department
to determine that the proposed business will comply with all
zoning and planning laws and regulations.
Sec. 4 -503. Permit Issuance and Non- Transferability.
• If the application is approved by the code enforcement
officer and the proposed business is not in violation of zoning or
any other provisions of state or local law, a permit shall be
issued in the form required by the Attorney General. Any
permit issued under this article shall not be transferable or
assignable and each such permit shall expire at the end of one
year. Any violation by the holder of the permit under this
article of any of the provisions or Sections 12070 through 12079
of the Penal Code shall be deemed to constitute a violation of
the terms and provisions of such permit and shall subject the
same to summary forfeiture by the City.
Sec. 4 -504. Permittee Subject to State Regulations.
The holder of any permit issued pursuant to this article
shall be subject to the regulations, conditions and punishments
as set forth in Part 4, Title 2, Chapter 1, Article IV
(commencing with Section 12070) of the Penal Code of the State
of California.
C]
Sec. 4 -505 - 4 -599. (Blank)
Section 22: Article X is hereby added to Chapter 4 of the Saratoga City
Code to read as follows:
ARTICLE X
SECONDHAND DEALERS
WIM
Sec. 4-600. Authority.
Pursuant to the authority provided in Article 4 •
(commencing with Section 21625) of Chapter 9 of Division 8 of
the Business and Professions Code, the City establishes the
following requirements for the conduct of any secondhand
dealer business located in the City.
Sec. 4-601. Definitions.
The definitions contained in Article 4 of Chapter 9 of
Division 8 of the Business and Professions Code are
incorporated herein.
Sec. 4 -602. Permit Required.
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself or for any other
person, to commence, engage in, or conduct or carry on any
secondhand dealer business in the City without first having
procured a permit from the City to conduct such business, or
without complying with any and all provisions contained in this
article. The carrying on of any business without having first
obtained a permit thereunder the City so to do, or without
complying with any and all provisions of this article, shall
constitute a separate violation of this article for each and
every day that such business is so carried on. All references
made to "licenses" and "licensing" in the statutes cited in •
Section 4 -600 shall be deemed to refer to "permits" and
"permitting" under this article.
Sec. 4 -603. Permit Fee; Grounds for a Denial; Duration;
Renewal.
The fee for processing an application for a permit under
Business and Professions Code Section 21641 shall be Thirty
dollars ($30.00) in addition to any fee required by the Depart-
ment of Justice. The City may deny a permit if it finds that
the applicant has been convicted of an attempt to receive
stolen property or any other offense involving stolen property.
The term of any permit issued under this article shall be one (1)
year. A permit issued pursuant to this article may be renewed
upon the submission of an application and the payment of a
Thirty dollar ($30.00) permit renewal fee to the City.
Sec. 4 -604. Permittee Subiect to State Revulations.
The holder of any permit issued pursuant to this article
shall be subject to the regulations, conditions and punishments
as are provided for in Article 4 (commencing with Section
21625) of Chapter 9 of Division 8 of the Business and
Professions Code.
is
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Sec. 4 -605. Right of Inspection of Records.
Every secondhand dealer permitted under Business and
Professions Code Section 21641, shall produce his or her business
records for inspection by the following persons:
(a) Any officer holding a warrant authorizing him to
search for tangible personal property, as defined in Business and
Professions Code Section 21627;
(b) Any person appointed by the Sheriff of the County;
(c) Any officer holding a court order directing him to
search for tangible personal property, as defined in Business and
Professions Code Section 21627.
Such inspection shall be for the purpose of insuring
compliance with the reporting requirements of Business and
Professions Code Section 21628.
Sec. 4 -606. Right of Inspection of Property.
Every secondhand dealer permitted under Business and
Professions Code Section 21641, shall produce for inspection,
upon request of any officer specified in the previous section, all
tangible personal property, as defined in Business and
• Professions Code Section 21627, which such secondhand dealer
shall have acquired in the course of business within the previous
thirty (30) days. Such inspection shall be for the purpose of
insuring compliance of the reporting requirements of Business
and Professions Code Section 21628.
Sec. 4 -607. Alteration of Original State.
All tangible personal property, as defined in Business and
Professions Code Section 21627, acquired in the course of
business and subject to the reporting requirements of Business
and Professions Code Section 21628, shall be segregated and
shall not be altered from its original state and appearance until
after the thirty (30) day period as specified in Business and
Professions Code Section 21636 or until earlier release pursuant
to Business and Professions Code Section 21636.
Sec. 4 -608 - 4 -699.
(Blank)
Section 23: Article XI is hereby added to Chapter 4 of the Saratoga City
Code to read as follows:
ARTICLE XI
PEDDLERS AND SOLICITORS
Sec. 4-700. Definitions.
• For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:
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(a) Peddler. Any person who goes from house to .
house, or from place to place, within the City, selling and
making immediate deliveries or offering for sale and immediate
delivery to persons other than manufacturers, jobbers or
retailers, of such commodities, any goods, wares, merchandise
or any other thing of value in possession of such person, or who
offers services to be performed immediately, and shall include
any itinerant vendor who sells merchandise or property from
any vehicle.
(b) Solicitor. Any person whose goes from house to
house, or from place to place, in the City, soliciting orders
from persons other than manufacturers, wholesalers, jobbers or
retailers of such commodities for any goods, wares,
merchandise or other thing of value for future delivery, or
soliciting orders from any person for services to be performed
in the future, or making, manufacturing, or repairing any
article whatsoever for future delivery, or soliciting information
for use in the compilation of any listing directory or
information designed for use in compilation or analysis of data
for commercial purposes, or soliciting contributions of money
or other property or services for any charitable, social service,
political, benevolent or patriotic purpose, regardless of whether
or not such solicitation is by or on behalf of any religious
organization. The term "solicitor" shall include a person taking
subscriptions to newspapers, periodicals, magazines or other
publications or tickets of admission to entertainments or
memberships in any clubs. •
Sec. 4 -701. Permit Required.
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself or for any other
person, to commence, engage in or conduct or carry on any
business in the City not otherwise excluded by this article,
without first having registered such business with the City and
having procured a permit from the City to conduct such
business or without complying with any and all provisions
contained in this article. The carrying on of any business
without having first obtained a permit hereunder from the City
so to do, or without complying with any and all provisions of
this article, shall constitute a separate violation of this article
for each and every day that such business is so carried on.
Sec. 4 -702. Permit Application and Fee.
Every person required to have a permit under the
provisions of this article shall make application for the same, or
application for renewal of the same, to the City Clerk. Such
application shall be a written statement on form or forms
provided by the City Clerk, shall be signed by the applicant
under penalty of perjury, and each such application shall be
permanently filed at the City Clerk's Office and shall •
constitute a registration of the business. Each application shall
set forth the following information:
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l
• (a) The names and addresses of all owners of the
business.
(b) The nature of the business.
(c) The location of the principal place of business, and
if such principal place is within the City, a statement of the
zoning classification for such location.
(d) One (1) complete set of fingerprints of the proposed
peddler or solicitor, on a standard card. Such card shall be
obtained at the expense of the peddler or solicitor, and
maintained by the City Clerk.
(e) Two (2) photographs of each proposed peddler or
solicitor of a size suitable for mounting on an identification
card, one (1) photograph to be attached to such card and one (1)
to be maintained by the City Clerk.
(f) A complete description of each automobile or other
vehicle which the peddler or solicitor will operate in the City in
conjunction with his business, during the term of the license.
(g) A report from the County Sheriff's Office which
shall include a local records check and a check for outstanding
warrants through the Police Information Network, such report
and clearance to be completed through the Offices of the City
Clerk.
The City Clerk may require such additional data and
information regarding identification of the applicant as may be
necessary in order to have a complete identification of such
person.
A fee of $ 30. 00 shall be charged the applicant at
the time of filing an application for a permit under the
provisions of this article.
Sec. 4 -703. Grounds for Denial of Permit.
The City Clerk may refuse to issue a peddler's or
solicitor's permit or identification card if he should find, based
on all of the evidence available to him, that the applicant is not
of good character and reputation, and without limiting the
foregoing, may also refuse to issue such permit or identification
card on making a determination that any one of the following
grounds exist:
(a) The applicant has previously engaged in any activity
for which an existing permit could be revoked under any of the
provisions of this chapter; or
• (b) The applicant has been tried or found guilty of any
public offense involving moral turpitude, theft or violation of
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any drug, narcotic or other law relating to the consumption of
alcohol, within the previous twelve (12) months; or •
(c) There is any warrant outstanding against such appli-
cant for the violation of any criminal law in any jurisdictions;
or
(d) Applicant is registered under Section 290 of the
California Penal Code.
In all cases where a permit has been denied, the City
Clerk shall notify the applicant in writing of the grounds for
denial, and the applicant shall have the right to appeal to the
City Council from the denial by the City Clerk of a permit.
Such appeal shall be made by filing a written notice of appeal
with the City Council within ten (10) days after denial by the
City Clerk.
Sec. 4 -704. Issuance of Permit.
Upon receipt and filing of the permit application, and the
payment of the permit fee, the City Clerk shall prepare, sign
and issue to every such person a permit certificate in such
forms as the City Clerk shall provide, which permit shall state
the amount of the permit fee paid therefor, the duration of the
permit, the name of the person to whom issued, the nature of
the business permitted, and the location where such business is
to be carried on. The City Clerk shall have no duty to issue
any such permit for any unlawful business or any unlawful
location. In the event that, for any reason, a permit is issued
for an unlawful business (whether the same be unlawful because
of a violation of any zoning or building regulation or for any
other reason), the same shall not constitute any permission for,
nor any approval of, any such violation; nor shall such permit,
or the act or omission of the City, its officers, agents and
employees in issuing the same, either prevent or estop the City
from enforcing the regulation, ordinance or code provisions so
violated; nor shall the City or any of its officers, agents or
employees be liable for any act or omission in issuing such a
permit.
Where the applicant is exempt from the license fees
imposed under the provisions of Article V of this chapter, and
where the permitted person or organization plans to operate
through one or more employees, a single permit may be issued
to the employer - applicant together with business permit identi-
fication cards for each of such applicant's employees, and a
separate business permit for each such employee shall not be
required to be issued.
Sec. 4 -705. Permit Duration.
Peddlers' and solicitors' permits may be issued on a daily, .
weekly, monthly, or annual basis. Any person having a peddler's
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• or solicitor's permit or identification cards shall be obligated to
return such permit and all such identification cards and any
business license issued pursuant to Article V of this chapter to
the City clerk upon the expiration of the term of the permit.
At the time of the issuance of the peddler's or solicitor's permit
or identification card or cards, the City Clerk shall require, in
addition to the payment of any applicable fees, a cash deposit
on a sum equal to the amount of such permit fee, as a bond to
guarantee compliance by such peddler or solicitor with the
provisions of this section as to the return of such permit and
any and all identification cards. In no event shall the sum
deposited as a guarantee for the return of identification cards
be less than the sum Five dollars ($5.00) for each such identifi-
cation card. Upon any failure by the permittee or identifica-
tion card holder to return the same in accordance herewith, the
City Clerk may declare the bond therefor forfeited to the City.
Sec. 4 -706. Permit Suspension or Revocation.
Any permit issued by the City Clerk contrary to any of
the terms or provisions of this article is void. Any permit
issued under the terms and provisions of this article is subject
to suspension or revocation for cause on any of the following
grounds:
(a) When the continuance of the operation of the
• permittee under the permit shall be contrary to the public
health, safety, peace, welfare or morals; or
(b) The violation of any of the penal provisions of this
article by the permittee; or
(c) The misrepresentation of any material fact by any
applicant in obtaining any permit hereunder; or
(d) Any plea, verdict or judgment of guilty of any public
offense involving moral turpitude charged against the
permittee; or
(e) Any misrepresentation as to the quality or nature of
the goods or services sold or offered for sale made by the
permittee or his agent, servant or employees to any prospective
or actual purchaser, customer or consumer.
The City Clerk shall have power to suspend or .revoke a
peddler's or solicitor's permit upon his finding that any one or
more of the above set forth grounds exist therefor, which
suspension or revocation may be appealed by the licensee to the
City Council at any time within ten (10) days after the
suspension or revocation thereof, by written notice of appeal
filed with the City Clerk upon receipt of which the Clerk shall
• set the time for hearing before the Council at its next regular
meeting that falls not less than five (5) days after the date of
filing of the notice of appeal. The City Council shall have
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power, upon such hearing, to affirm the action of reserve and
reinstate the permit only upon compliance by the permittee
with certain conditions as may be imposed by the Council on
such reversal. The decision of the City Council shall be final
and conclusive. The revocation by the City Clerk shall be
effective immediately and all peddling or soliciting shall be
automatically prohibited and the permittee shall be and remain
as an unlicensed person unless, and until, he has appealed the
decision and the Council has reversed the decision of the City
Clerk and reinstated the permit.
The term "permit" as used in this section shall also
include any and all identification cards issued in conjunction
therewith, and the revocation of a permit shall automatically
revoke all identification cards issued in conjunction therewith,
and the suspension or revocation of a permit shall automatically
suspend or revoke all identification cards issued in conjunction
therewith.
Sec. 4 -707. New Permit After Revocation.
If a permit has been revoked for any reason, no new pemit
shall be issued to the same applicant or the same business
unless satisfactory proof is first made to the City Clerk that
the violation or other matter causing the previous revocation
has been corrected and that there is no likelihood of any
repetition of the same. The burden of proof shall be on the
applicant, and he may appeal any adverse decision of the City
Clerk of the City Council at any time within ten (10) days after
the City Clerk has rendered his decision, by written notice of
appeal filed with the City Clerk, upon receipt of which the
Clerk shall set the same for hearing before the Council at its
next regular meeting that falls not less than five (5) days after
the date of filing of notice of appeal.
Section 24: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Saratoga hereby declares that it would have passed
this Ordinance and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be held invalid or unconstitutional.
Section 25: This Ordinance shall take effect and be in full force and effect
immediately upon its final passage and adoption.
The above and foregoing
waiting time required by law, was
AYES:
NOES:
Ordinance was regularly introduced and after the
thereafter passed and adopted this day of
_, 1983, by the following vote:
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0
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•
•
ABSENT:
ATTEST:
CITY CLERK
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BUSINESS LICENSE TAX
• SUBSECTION 4-110(c) ALTERNATIVES
RE FEE INCREASES
•
•
NOTE: If the Jarvis II initiative passes, no city may increase "the amount of any tax
levied upon any taxpayer" without approval by two - thirds of voters. It is unclear
whether the initiative would prohibit an automatic increase stipulated by ordinance,
such as a fixed percentage or cost of living adjustment. Alternatives 2, 3 and 4 below
each provide for such automatic increase with the City Council given the right to
nullify or reduce the increase.
ALTERNATIVE No. 1 -
No Automatic Increase.
Delete Subsection 4- 110(c) entirely. Future increases to be made through
amendment to the Ordinance by the City Council. Such amendment would be
prohibited under the Jarvis II initiative.
ALTERNATIVE No. 2 - Fixed 2% Increase.
"(c) Effective as of the first day of January of each
year, the license fees set forth in Subsections 4- 110(a) and 4-
110(b) above shall be increased by an amount equal to two
percent (2%) of the annual license fee then being charged.
Notwithstanding the foregoing, the City Council may, by
resolution adopted prior to January 1st, nullify or reduce the
increase provided herein, in which event, the license fees
charged for the next succeeding calendar year shall be the same
amounts as charged during the immediately preceding year or
the amounts as fixed by the City Council, as the case may be."
ALTERNATIVE No. 3 - Cost of Living Increase.
"(c) Effective as of the first day of January of each
year, the license fees set forth in Subsections 4- I10(a) and 4-
110(b) above shall be increased by an amount obtained by
multiplying the license fees then being charged by the
percentage increase, if any, in the Consumer Price Index for
the San Francisco /Oakland Area, All Items, All Urban
Consumers ( "Index "), as published by the United States Depart-
ment of Labor, Bureau of Labor Statistics, such percentage
increase to be determined by comparing the Index published
nearest to the month of September of the preceding year with
the Index published one year prior to such date.
Notwithstanding the foregoing, the City Council may, by
resolution adopted prior to January 1st, nullify or reduce the
increase provided herein, in which event, the license fees
charged for the next succeeding calendar year shall be the same
amounts as charged during the immediately preceding year or
the amounts as may be fixed by the City Council, as the case
may be."
12/5/83/N/BK -1-
Y
•
ALTERNATIVE No. 4 - 2% of Cost of Living Increase, Whichever is Greater.
"(c) Effective as of the first day of January of each
year, the license fees set forth in Subsections 4- 110(a) and 4-
110(b) above shall be increased by whichever of the following
amounts is greater:
(i) an amount equal to two percent (2%) of the
annual license fee then being charged; or
(ii) an amount obtained by multiplying the license
fees then being charged by the percentage increase, if
any, in the Consumer Price Index for the San
Francisco/ Oakland Area, All Items, All Urban Consumers,
( "Index "), as published by the United States Department of
Labor, Bureau of Labor Statistics, such percentage
increase to be determined by comparing the Index
published nearest to the month of September of the
preceding calendar year with the Index published one year
prior to such date.
Notwithstanding the foregoing, the City Council may, by
resolution adopted prior to January 1st, nullify or reduce the
increase provided herein, in which event, the license fees
charged for the next succeeding calendar year shall be the same
amounts as charged during the immediately preceding year or
the amounts as fixed by the City Council, as the case may be."
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