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HomeMy WebLinkAbout2010 01 06AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING January 6, 2010 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BAIDWN P* A* Ro K Manuel Lozano Ricardo Pacheco Marlen Garcia Monica Garcia Susan Rubio - Mayor - Mayor Pro Tern - Councilmember - Councilmember - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Councilmembers: Susan Rubio, Mayor Mayor Manuel Lozano ANNOUNCEMENTS Marlen Garcia, Monica Garcia, Pro Tern Ricardo Pacheco and PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Award presentation to the 2009 Used Oil Grant Calendar Winners • Plaque presentation to Iry Dawson, Emergency Services Coordinator in recognition of his service to the City of Baldwin Park • Presentation of gavel to Council member Monica Garcia in recognition of her service as Mayor Pro Tem • Certificate presentation to outgoing Planning Commissioners Jack Cheng and Hugo Tzec PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda — January 6, 2010 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. MINUTES Staff recommends City Council approve the minutes of the regular meeting of December 2, 2009 and the regular and special meetings December 16, 2009. 3. CITY TREASURER'S REPORT - NOVEMBER 2009 Staff recommends City Council receive and file. 4. CLAIM REJECTIONS Staff recommends City Council reject the claims for subrogation demand for Eduardo Gaeta, Tommy Edward Arce, Diana Rivera - Beltran and John Chavez and direct staff to send the appropriate notices of rejection to claimants. 5. METROLINK PARKING MANAGEMENT PLAN Staff recommends City Council 1) authorize suspending the security service at the Metrolink Station and 2) authorize lowering the parking rates as shown in Attachment A of the staff report, listed as "current." SET MATTERS -PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 6. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE REGARDING LICENSING REQUIREMENTS FOR MASSAGE ESTABLISHMENTS; LOCATION: CITYWIDE, APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC -166 Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and introduce for first reading Ordinance No. 1330 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SUBSECTION 110.04(8)(2) OF AND ADDING SUBSECTIONS 118.03(G) AND 153.442(D) TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE USES; LOCATION: CITYWIDE, APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 166." 7. PUBLIC HEARING FOR THE PROPOSED INSTALLATION OF STOP SIGN CONTROLS ALONG BARNES AVENUE AT SALISBURY STREET AND CHELSFIELD STREET Staff recommends City Council conduct the public hearing and following the public hearing, authorize staff to proceed with the installation of stop sign controls at the two proposed locations. City Council Agenda — January 6, 2010 Page 3 REPORTS OF OFFICERS 8. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN -HOUSE COMMITTEES Staff recommends City Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations and adopt Resolution No. 2010 -001 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY" and 2) review Committee in -house appointments and appoint members as representatives to the established committees. 9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, AND A RESOLUTION BOTH RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS Staff recommends City Council 1) waive further reading, read by title only and adopt Resolution No. 2009 -029 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING FEES RELATED TO ALARM PERMITS AND FINES RELATED TO RESPONSES TO FALSE ALARMS;" and 2) waive further reading, read by title only and introduce for first reading Ordinance No. 1329 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS." 10. RESCHEDULING OF THE FEBRUARY 3, 2010 CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETINGS (See related item on CDC agenda) Staff recommends City Council / Community Development Commission 1) re- schedule the February 3, 2010 meeting to Tuesday, February 2, 2010 or Wednesday, February 10, 2010; or 2) cancel the meeting and re- schedule to a date convenient to the Council CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request by Mayor Lozano for discussion on the following: Discussion and consideration of a water conservation ordinance in the City of Baldwin Park ADJOURNMENT City Council Agenda — January 6, 2010 Page 4 CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. December 29, 2009. Laura M. Nieto, CIVIC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e-mail at InietoQbaldwin park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — January 6, 2010 Page 5 CITY COUNCIL AGENDA BALDWIN 11 -A, R• K TO: Honorable Mayor and Members of the City Council FROM: Lorena Quijano, Finance Director d DATE: January 06, 2010 SUBJECT: Warrants and Demands PURPOSE: The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The Finance Department has recently converted to a new financial system. The Claims and Demands report format has been modified and continues to report the required information in accordance with the Government Code. The payroll of the City of Baldwin Park consisting of check numbers 191488 — 191545 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 205319 — 205581 for the period of November 29, 2009 through December 12, 2009 inclusive, have been presented and hereby ratified, in the amount of $401,105.95. General Warrants, including check numbers 178217to 178486 inclusive, in the total amount of $516,037.53 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. 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Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tern Marlen Garcia, Ricardo Pacheco, Susan Rubio Council Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in at the above time and place. CALL TO ORDER INVOCATION Mayor Lozano introduced Pastor David Diaz, New Beginning Church for the invocation PLEDGE OF ALLEGIANCE ROLL CALL Present: Council member Bejarano, Council member Marlen Garcia, Council member Pacheco, Mayor Lozano. Absent: Mayor Pro Tern Monica Garcia. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS Jorge Pivaral, resident & Housing Commissioner acknowledged the service of Mayor Lozano; congratulated Council member -Elect Rubio & Council member Marlen Garcia Jeremiah Saiz, resident stated that he did not deface Council member Bejarano's campaign signs and that rumors being spread about him were not true Jorge Marcus, representing Assemblyman Hernandez's office announced an upcoming toy drive that the Assemblyman was hosting and invited the community to attend Cecelia Bernal, resident announced and invited the council to an upcoming event Page 1 of 8 at Church of the Redeemer Thomas Cary, resident commented about the trash hauling rates for businesses; street vendors; graffiti and other issues in the city Cecelia Lee, business owner /CARA President announced that they had given out turkey dinners and thanked an acknowledged the businesses that contributed David Muse, resident congratulated those who were successful in their campaigns and thanked Council member Bejarano for the years he dedicated to the city and complimented his efforts in making the city what it is today Cruz Baca Sembello, resident congratulated all those who ran in the election and thanked everyone who endorsed her and those who worked on her campaign Teri Muse, resident congratulated the newly elected officials and provided an update on the Adopt -a- Grandparent event Public Communications were closed at 7:19 p.m. ANNOUNCEMENTS Mayor Lozano acknowledged the dignitaries in attendance: Anthony Duarte, representing Congresswoman Chu; Assemblyman Ed Hernandez; BPUSD Board President Blanca Rubio, Vice President Christina Lucero & Boardmember Jack White; BPUSD Board members-Elect Teresa Vargas & Hugo Tzec; VCWD Board President Mariana Lake, Directors Margarita Vargas & Jonathan Contreras; Boardmember -Elect Lenet Pacheco; USGVMWD Board President Al Contreras, Directors Ed Chavez & Charles Trevino Recreation & Community Services Commissioners Irma Tarango & Cecelia Bernal; Housing Commissioner Jorge Pivaral; Azusa Councilman Robert Gonzales; La Puente Councilman David Argudo; Irwindale Councilman Mark Breceda; West Covina Councilman Roger Hernandez; Former Irwindale Councilwoman Jackie Breceda; El Monte Councilwoman Norma Macias; Bill Baca, representing Senator Romero; Former Baldwin Park Councilwoman Teri Muse; Former Baldwin Park Mayor Fidel Vargas; and Former BPUSD Boardmember Anthony Bejarano PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Administration of Oath of Office to Valley County Water District President Mariana Page 2 of 8 Lake by Mayor Manuel Lozano Mayor Lozano administered the oath of office to Valley County Water District Board President Mariana Lake NEW BUSINESS A. RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 3, 2009 Motion: Adopt Resolution No. 2009047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 3, 2009 AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW ". Moved by Mayor Lozano, seconded by Council member Bejarano. B. PRESENTATION TO OUTGOING COUNCIL MEMBER ANTHONY J. BEJARANO AND OUTGOING CITY CLERK SUSAN RUBIO AND COMMENTS MADE BY EACH RESPECTIVELY Mayor Lozano thanked outgoing Council member Bejarano, acknowledging his educational and professional accomplishments. He noted his dedication and the impacts that he had made to the city Council member Marten Garcia shared that it had been a pleasure and honor to serve with Council member Bejarano; thanked him for being her friend, mentor and an excellent legislator. She expressed her hope that he would one day come back and serve the community and wished him the best Mayor Lozano presented a gavel plaque to Council member Bejarano in recognition of his service as Mayor Pro Tem Council member Bejarano commented that the city had come far in the last four years and that he was proud of what he had accomplished. He thanked his colleagues for the experience, noting that the Mayor showed him what it was to get out and talk to the residents. He spoke about Council member Marten Garcia's passion for the City of Baldwin Park and that she had always been there for him. He thanked his friends in attendance and appreciated everything that was offered to him. He thanked the people of Baldwin Park who allowed him to serve and had faith in him, it was his pleasure to serve them. He reminded the newly elected officials and all future elected officials that they are preforming a public service and should be treated as such. He thanked his family for support, specifically his father for his 25 years of service to the City of Baldwin Park. Commented that Mr. Fidel Vargas had changed the city and prior to that, his dad was walking, registering people to vote and showing unwavering commitment to the community. Page 3 of 8 He thanked staff, stating that he had been inspired by their work ethic, faith and love of the community. He wished the best of luck to the city and to all of his supporters Mayor Lozano read a statement on behalf of Mayor Pro Tern Monica Garcia sharing that it had been a pleasure to serve on the City Council with Councilmember Bejarano. She stated that even when they disagreed, he always listened and came from a genuine, well- intentioned place and always did what was best for the community. She had the utmost respect for Councilmember Bejarano, noting that he would go on to do great things. He was a son of Baldwin Park and had made the city proud Assemblyman Ed Hernandez spoke about Council member Bejarano's service to his community and presented him with a certificate of recognition. Certificates were also presented on behalf of Congresswoman Judy Chu and State Senator Gloria Romero Council member Pacheco spoke about Councilmember -Elect Rubio's time in office and the outstanding service she provided to the community; he spoke about her educational accomplishments and outreach to the Spanish - speaking community Outgoing City Clerk Rubio accepted a certificate of recognition for her service from Assemblyman Hernandez. Certificates were also presented on behalf of Senator Gloria Romero and Congresswoman Judy Chu C. ADMINISTRATION OF OATHS OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION TO NEWLY ELECTED AND RE- ELECTED OFFICIALS AS FOLLOWS: City Clerk Alejandra Avila Oath was administered by Councilmember -Elect Rubio City Treasurer Marie Contreras Oath was administered by Upper San Gabriel Valley Water Board President Alfonso Contreras City Treasurer Contreras expressed her thanks for being given the opportunity to continue to serve the community and thanked her family for all of their support Council member Marlen Garcia Oath was administered by Mayor Lozano Council member Susan Rubio Oath was administered by Baldwin Park Unified School Board President Blanca Rubio Page 4 of 8 Mayor Manuel Lozano Oath was administered by Assemblyman Ed Hernandez, who shared comments about the Mayor and his public service. Councilmember Marlen Garcia announced that it was the Mayor's birthday. Mayor Lozano acknowledged his family who were in attendance at the meeting. D. COMMENTS BY RE- ELECTED AND NEWLY ELECTED OF'F'ICIALS City Clerk Avila City Cleric Avila shared that she was honored to have been elected and thanked her family, friends & the community. She stated her goal to work with the Mayor and Council, the Police Department, the Recreation & Community Services Department and the School District for the best possible services for the citizens of Baldwin Park City Treasurer Contreras City Treasurer Contreras thanked those in attendance, noting that it was a very challenging time and that they should rededicate themselves to the growth and progress of the city Councilmember Marlen Garcia Council member Marlen Garcia shared that it was her utmost pleasure to continue to serve the City of Baldwin Park, noting that she had truly worked very hard to bring services to the residents, such as the Teen Center and other programs because Baldwin Park deserved the best. She had represented the city on regional, state and national levels, showcasing the programs that the city has implemented. She shared that she had been born in Chicago and raised in Boyle Hieghts and came to Baldwin Park for herjob. She thanked former Councilmember Teri Muse for encouraging her to be part of the changing community. She shared that it was at this time when she met former Mayor Fidel Vargas and West Covina Councilmember Mike Touhey, who she congratulated on his re election. She thanked her comadres and noted that there is a tremendous amount of need in the community. She stated her commitment to let those in the community know what is going on and spoke about the positive changes in the city. She acknowledged Mayor Lozano for his dedication to the City of Baldwin Park, noting that he has dedicated his life to the city. She thanked all of her supporters and those who believed in her and her colleagues from neighboring cities. Page 5 of 8 She spoke about a campaign flyer that attacked her children and stated that the city would continue to be positive. She thanked the supporters for seeing through all the negativity and that she will continue to serve and bring positive things to the city Councilmember Rubio Council member Rubio shared that it had been a privlege and honor to serve as the elected City Clerk and thanked staff for all of their hard work. She shared that she was humbled and honored to be representing the people as their Councilmember and thanked those who demonstrated unity, dedication and hard work. She went on to thank the organizations and individuals who worked on her campaign. She thanked her parents for their integrity, hard work and leading by example. She stated that her purpose was to serve with integrity and pledged to bring more economic opportunities to the City of Baldwin Park. She also shared that she was proud that this was a female majority council and hoped that they could be an example to young ladies so they could follow in their footsteps Mayor Lozano Mayor Lozano spoke about the many accomplishments of the city for 2009 to include new projects, programs and improvements Mayor Lozano spoke about his arrival in Baldwin Park some thirty years ago and the state of the city back then. He thanked the Baldwin Park Police Department, noting that they are a priority. He shared that he was proud to have been part of a Council that brought the first female Latina Police Chief to Baldwin Park, noting that she was one of only three female Police Chiefs in Los Angeles County. He thanked Recreation & Community Services Director Carrillo for the phenomenal job he had done; noting all of the services and events for senior citizens. He stated that the Council and School District should work together to bring multiple gymnasiums to the city for the use of the resident. He thanked Public Works Director Galvez and staff; Community Development Manager Castagnola, Finance Director Quijano and staff, including CEO Singhal stating that the Council would continue to be conservative with city funds. He thanked City Attorney Pannone for his service. Mayor Lozano commented on the state wanting to take away funds from cities to balance its budget and that there are going to be challenging times for the City of Baldwin Park. They would continue to fight for more resources and be innovative on how city funds are spent. They were all commiffted to make Baldwin Park a greater city. He recognized the Day Laborers, thanked his father, brothers and sisters, Page 6 of 8 thanking them for helping him campaign. He went on to thank several other individuals and families for their support. Council member Pacheco comments congratulated the reelected and newly elected officials as well as the candidates who were not successful in their candidacy. Thanked those who supported him in his bid for Mayor and complimented candidate Cruz Baca on her campaign, noting the contributions that she and her family had made to the City of Baldwin Park. He complimented Councilmember Rubio and looked forward to working with her on the Council. He spoke about his position on redevelopment, stating that he wanted to see a process that is inclusive to those in the community. He asked that the Council renew their commitment to the city and work together, and invited the Mayor to lead the Council in unity. He also thanked the businesses and his family for all of their support Mayor Lozano acknowledged Tot St. Peter and announced the upcoming 60th wedding anniversary of she and her husband, Glenn CITY COUNCIL 1 CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Request by Councilmember -Elect Rubio for discussion on the following: Request for Council discussion and consideration of a resolution of support for AB1060 (De la Torre) which would prohibit off -sale licensees from selling alcoholic beverages using a self - service checkout system Councilmember Rubio requested the Council's support to bring forward a resolution in support of AB1060. Council member Pacheco supported her request E. REORGANIZATION OF THE CITY COUNCIL - SELECTION OF MAYOR PRO TEMPORE By Council consensus, the reorganization was moved forward to the next City Council meeting 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2. After receiving all nominations, the City Clerk closes the nominations; 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Page 7 of 8 Moved by Mayor Lozano, seconded by Council member Marlen Garcia. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR & CITY COUNCIL FOR THE PERIOD OF DECEMBER 2, 2009 - DECEMBER 15, 2009 City Council approved the preparation and presentation of the proclamations, plaques and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the special meeting of November 18, 2009. 4. CLAIM REJECTIONS City Council rejected the claims of Eduardo Gaeta, Milvia Torres, Alma Valdez, Paul Lopez and Richard Chow and directed staff to send the appropriate notices of rejection to claimants. 5. 2nd READING OF ORDINANCE NO. 1331 City Council waived further reading, read by title only and adopted on second reading Ordinance No. 1331 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.018 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO LAND USES BEING INCONSISTENT WITH BOTH STATE AND FEDERAL LAW; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK, CASE NO. AZC- 164." 6. CITY TREASURER'S REPORT - OCTOBER 2009 City Council received and filed. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:02 P.M. Approved as presented by the Council at their meeting held January 6, 2010. Page 8 of 8 MINUTES CITY OF BALDWIN PARK to .- WEDNESDAY, DECEMBER CITY COUNCIL & COMMUNITY 16, 2009 DEVELOPMENT COMMISSION 7:00 p.m. COUNCIL i CHAMBERS *rra h1NW"� 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tern Marlen Garcia, Ricardo Pacheco, Susan Rubio Council Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Councilmember 1 Member Marlen Garcia, Councilmember 1 Member Ricardo Pacheco, Councilmember 1 Member Susan Rubio, Mayor/ Chair Lozano, Absent: Mayor Pro Tern 1 Vice Chair Monica Garcia. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9(a)) Case Name: Baldwin Park POA and Vivian Olivas v. City of Baldwin Park, et al Trial Court Case No.: BS 117634 Appeal Court Case No.: B215477 Case Name: City of Baldwin Park, et al v. Erica Bermudez, Martha Guerra and Vivian Olivas Trial Court Case No.: BC 400748 Page I of 2 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 Property: 13100 Dalewood Street Agency Negotiator: Vijay Singhal and Marc Castagnola Negotiating Parties: State of California and City of Baldwin Park Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION The Council 1 Commission reconvened in open session with all members present REPORT FROM CLOSED SESSION No reportable action taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council 1 Commission at their meetings held January 6, 2010, Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 MINUTES CITY OF BALDWIN PARK �,,�, WEDNESDAY, DECEMBER CITY COUNCIL 16, 2009 7:00 p.m. COUNCIL CHAMBERS �1CAlAww* 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro Tem/Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Council member Pacheco PLEDGE OF ALLEGIANCE ROLL CALL Present: Council member Marlen Garcia, Council member Pacheco, Council member Rubio, Mayor Pro Tern Monica Garcia, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Treasurer Contreras, City Clerk Avila, Deputy City Clerk Nieto. NEW BUSINESS A. REORGANIZATION OF THE CITY COUNCIL - SELECTION OF MAYOR PRO TEMPORE Staff recommends that the City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; Page 1 of 5 2. After receiving all nominations, the City Clerk closes the nominations; 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. City Clerk Avila opened the nominations for Mayor Pro Tern In response to an inquiry from Council member Marlen Garcia regarding the Council rotation of Mayor Pro Tem, City Clerk Avila noted that Council member Pacheco would be next for appointment Motion: Nominate Council member Pacheco for Mayor Pro Tern Moved by Mayor Lozano, no second required. ANNOUNCEMENTS Mayor Lozano announced that the public hearing that was noticed for the 5 -Year Implementation Plan had been re- scheduled to January 20, 2010 so that the community would have additional time to review the documents PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Certificate presentation to Glenn & Tot St. Peter in recognition of their 60th wedding anniversary Mayor Lozano, joined by the Council, Clerk and Treasurer presented a certificate of recognition to the St. Peter's Presentation to Baldwin Park Police Department Greeting Card Winner, Jailene Rivas of Santa Fe Elementary School Mayor Lozano & Chief Hadsell, joined by the Council, Clerk and Treasurer presented Jailene with a certificate of recognition Mayor Lozano announced that her name would be placed on the marquee at Morgan Park PUBLIC COMMUNICATIONS Thomas Cary, resident reported the dumping of used oil on Nubia; Charlie Contreras, business owner (HLC Electric) requested Council member Marlen Garcia and Council member Monica Garcia, as members of the Freeway Task Force committee, urge CalTrans to look into a sound study that was conducted several years ago as it may be outdated. A sound wall may negatively impact businesses along the freeway Council member Monica Garcia requested that he leave his contact information so that the matter could be addressed with CalTrans at the next meeting. Page 2 of 5 Council member Marlen Garcia stated that the matter brought up by speaker Contreras had been discussed at a Freeway Task Force meeting and that it had been an issue of concern. She further noted that CalTrans had offered to meet with businesses individually to address those issues Greg Tuttle, business owner commented on the employment of Councilmember Marlen Garcia's son; congratulated Councilmember Rubio on her successful campaign and Mayor Pro Tern Pacheco's appointment; also commented on perceived Brown Act violations regarding to public comments, stating that it would be forwarded to the District Attorney for investigation Arlene Hernandez, resident thanked former Council member Bejarano for addressing the time for public comments, thanked Mayor Lozano for promoting women in politics and looked forward to a prosperous new year for the city Anthony Bejarano, resident thanked the Council for supporting the ARRA funding for improvements to the city; noted the importance of moving foward with the walkable communities and parking structure for those who take the Metrolink and expressed the importance of looking into market rate apartments in the city for those with different housing needs Public Communications were closed at 7:26 p.m. Council member Marten Garcia requested that speaker Tuttle listen again to comments he alleged she made because he was stating misinformation. She announced that the City of Baldwin Park would be featured on the CBS Evening News for the work that it was doing to increase awareness of childhood obesity and a healthy city Councilmember Rubio congratulated Jonathan Contreras and Margarita Vargas for their appointments as President and Vice President of the Valley County Water District, respectively. She also congratulated President Contreras on his recent marriage and announced an upcoming event for the Sierra Vista marching band Mayor Lozano addressed comments of speaker Tuttle. He alleged that fraud had been committed and election information provided by speaker Tuttle had been falsified, stating that it was illegal and would be addressed by the District Attorney Council member Monica Garcia spoke about the favorable coverage of Baldwin Park by the CBS Evening News, noting that it spoke to the ongoing efforts of the Council to bring favorable attention to the community. She was proud thta people had recently asked her for help in moving to Baldwin Park because of it being a great community with good programs for its residents. Contrary to comments that had been made, it was not that the Council was trying to brainwash or promote propaganda, but to celebrate the good. Realistically, Baldwin Park was not immune to certain types of negative activity and some stereotypes had been perpetuated. She stated that a more balanced outlook would create fairness and more positive exposure Page 3 of 5 Mayor Pro Tem Pacheco announced the City's Census committee and encouraged the participation of everyone in the community, as several funding opportunities are dependent upon an accurate count CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Council member Marlen Garcia, seconded by Mayor Lozano. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF DECEMBER 16, 2009 THROUGH JANUARY 5, 2010 City Council approved the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the regular meeting of November 18, 2009. 4, AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE CDBG I ARRA STREET IMPROVEMENTS TO KORMX, INC. IN THE AMOUNT OF $276,505 City Council 1) declared the apparent low bid by Pave West, Inc. to be non- responsive due to the bid not acknowledging the bid addenda; 2) awarded a construction contract to Kormx, Inc. in the amount of $276,505; 3) authorized the Mayor to execute the contract; 4) authorized the Director of Public Works to execute any necessary change orders in an amount no to exceed ten percent (10 %) of the contract amount and 5) authorized the Chief Executive Officer to approve completion of additional improvements up to $50,000 utilizing available ARRA 1 CDBG funds allocated to the City of Baldwin Park. 5. SUPPORT FOR AB1060 City Council waived further reading, read by title only and adopted Resolution No. 2009 -050 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXPRESSING SUPPORT FOR ASSEMBLY BILL AB 1060 (DE LA TORRE) WHICH WOULD PROHIBIT OFF -SALE LIQUOR LICENSEES FROM SELLING ALCOHOLIC BEVERAGES USING A SELF - SERVICE CHECKOUT SYSTEM." 6. APPROVAL FOR THE RETIREMENT AND SALE OF BOSCO, POLICE CANINE City Council 1) approved the retirement and sale of police service dog, Bosco to Officer Mercado for the amount of one dollar ($1.00) and 2) authorized the Chief of Police to execute the agreement with Officer Mercado. Page 4of5 CITY COUNCIL 1 CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Request by Council member Marlen Garcia for discussion on the following: 1) Discussion and direction to staff for the installation of drop -off boxes for collection and disposal of expired /unused; prescription drugs, over- the - counter medication syringes and any other controlled substances; and Councilmember Marlen Garcia commented that in other cities, mail drop - boxes have been installed for the disposal of prescription & over - the - counter medication, syringes and other medications, stating that they would serve a benefit to the community, She suggested that the city work in collaboration with Waste Management to see what would be available, Mayor Lozano commented that he had a similar request item some time ago and supported the program 2) Discussion and direction to staff to send a Congratulatory Letter to Kaiser Permanente, Baldwin Park Medical Center on Achieving National "Top Hospitals" List Councilmember Marlen Garcia spoke about the recognition that Kaiser Permanente Baldwin Park received from the results of the Leap Frog Top Hospital Survey, stating that the city was fortunate to have Kaiser Permanente as a business partner Request by Councilmember Susan Rubio for discussion on the following: Discussion and direction to staff on coordinating efforts with the Baldwin Park Unified School District to create a "Pink Ribbon Week" to raise the issue of cancer awareness throughout the City Councilmember Rubio expressed her desire to collaborate with the district to bring awareness to early detection and prevention of cancer. She looked forward to expanding the program to be citywide ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:40 p.m. Approved as presented by the Council at their meeting held January 6, 2010. Laura M. Nieto, CMC Deputy City Clerk Page 5 of 5 CITY OF BALDWIN PARK TREASURER'S REPORT November 30, 2009 CITY COUNCIL AGENDA JAN - 6 011 ITEM NO. ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.61% Varies Varies Community Develop. Comm. 0.61% Varies Varies Housing Authority 0.61% Varies Varies Fiscal Agent Funds - City Varies Varies Varies Fiscal Agent Funds - CDC Varies Varies Varies 12, 975, 914.23 12, 975,914.23 12,975, 914.23 12, 975 ,914.23 10,400,124.98 10,400,124.98 10,400,124.98 10,400,124.98 2,523,557.30 2,523,557.30 2,523,557.30 2,523,557.30 25,899,596.51 25,899,596, 51 25,899,596.51 25,899,596.51 5,242,661.62 5,242,661.62 5,242,661.62 5,242,661.62 2,071,155.51 2,071,155.51 2,071,155.51 2,0712155.51 $ 33,213,413.64 $ 33,213,413.64 7,313,817.13 $ 33,213,413.64 Total Investments $ 33,213,413.64 Cash City Checking 2,848,098.81 City Miscellaneous Cash 15,525.26 Comm. Develop. Comm. 1,210,640.86 Housing Authority 91,371.30 Financing Authority 0.00 Total Cash 4,165,636.23 Total Cash and Investments S 37,379,049.87 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no Investment maturity /purchase transaction made for the month of November 2009 and several depositslw €lhdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are In compliance to the City's Statement of Investment Policy. Approved lay, ,, t�, � (- iu� Lor,onla 4u€}ano Finance Director P , A , R. K TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK CITY COUNCIL AGENDA z.. ITEM No. q AGENDA STAFF REPORT Honorable Mayor and City Council Members Shama P. Curian, Sr. Human Resources Analyst January 6, 2010 Claim Rejection This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. BACKGROUND DISCUSSION In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. RECOMMENDATION Staff recommends City Council reject the claims for subrogation demand for Eduardo Gaeta, Tommy Edward Arce, Diana Rivera - Beltran, and John Chavez and direct staff to send the appropriate notices of rejection to claimants. Attachment(s) Claim filed by: • Subrogation: Gaeta, Eduardo DOL: 09/26/2009 • Arce, Tommy Edward DOL: 06/12/2009 • Rivera - Beltran, Diana DOL: 04/06/2009 • Chavez, John DOL: 12/03/2009 fARh'iEAs:'i INS�IANt# U FARMERS /� GkURP 12/03/2009 Office of the City Cleric 14403 E. Pacific Ave Baldwin Park, CA 91706 Re: Our Insured: Our Clain #: Date of Loss: Your Insured: Your Claim #: Deductible Amount: Loss of Use Amount: Total Amount Owed: Dear Claims Adjuster: Mr. Eduardo Gaeta 099 SUB 1014763436 -1 09/26/2009 City Of Baldwin Park- 9/26/09 $1,000.00 $0.00 $6,595.55 National Doctrincnt Center P.O. lox 268992 Oklahoma City, OK 73126 -8992 claimsdoctiments @farmersiii surance.com Fax: 877 -217 -1389 Toll Free: 800 - WelpPoint EWE DEC a 7 2001 Crry Y' :3A1. )1/V1N PARK ciTv �-'LFPW , )E_PARTMENT We have made payment to our insured for damages resulting from this accident. Our investigation has established that the above loss was caused by the negligence of your driver. By virtue of our subrogation rights this letter is to advise you that we expect payment from you for the amount of damages within 14 days of the receipt of this letter. Be advised that no partial payment, which is less than the full amount claimed herein, will be considered in anyway an acceptance of benefits, a novation or an accord and satisfaction of this claim without the express written release of our cairn executed by an individual who identifies himself /herself as a member of our subrogation department. Therefore, our legal rights to enforce collection on the remaining amount of the claim shall not be waived or es topped due to a partial payment by you. If you need additional support for our claim or require fruther information, please call me at 909 -801 -3332 with your FAX munber so that the requested information can be sent to you. Sincerely, Mich - Century Insurance Company l I Kara Bonnet Auto Subrogation Representative Kara.Bonnet(a farmeisinsl -t nce.com Self Insured ATTACHNIENT(S) ` CITY OF DALDWIN PARK A � ►A i BALDWtN CLAIM FOR DAMAGES P • A it x TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3, THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91766 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) A� � '`��� � � �' : =gin ' C �:Iti; II �v' E DCC -7 M9 Dr- 3AL.DVIIN PAIN( CITY CLFR%1 l 1-j'�lafM !N`r To: City of Baldwin Park 4.Claimant's - f� of Bi [h (if a minor) 1. Name of Claimant �,,, n I'# �a CY I �(/l 5. u rr�ant�s Oc u allot PO We'A 2. Home Address off CI iman Uji N �� V r�� � � I l Homee/TVel ho Number � p 3. Business Address of Claimant 7. Business Telephone Number 8. Name and addressrto which you desire notices or communications to be sent rogarding hia m: lai05�, Ggti�- ass aGi�t f e8, 5 Del c�v�tlrtJ Dive r u t _ 9. When did DAMAGE or I JURY occur? Date: 0017-406 204 Time:. (,J'�Ogl'V� 10. Names of any City employees involved in INJURY or DAMAGE: Name Department If claim is for Equitable Indemnity, give date claimant served with complaint: 11. Where did DAMAGE or INJURY occur? 0 rt Ine A., r�'l � t� Wi � jy� , Cam' 12. Describe in detail how the DAMAGE or INJURY occurred. 13. Were police or paramedics called? YesX- No ❑ 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? es NQ� D V' name, address and phone number: If yes, what is the Report No? PIA 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary) Qw6 to MOM U W 15. List damages incurred to date? 16. Total amount of claim to date: $ Basis for Computation: Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone 19, Signature of Claimant or peso ring on lairrr ehalf; relationship to cI lat.and date: f Hereby certify (or decla der enaal rju nd& tljo laws of e-oY a r omia that the foregoing is true and correct to the best of my knowledge. i S' ature�� Relationshif) to Claimanq nted Name Date `.- � Note: Presentation of a false claim is a felony (venal code Section 71) cc corm i (rtev rrun) F: iUSFRLISnCrtycleekkAdminislrarinnlr 'rocetlures & FormsMaim For Damages Form CCS Rev MG.Ooc 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADDENDUM TO A CLAIM AGAINST A PUBLIC ENTITY TO THE CITY OF BALDWIN PARK, A PUBLIC ENTITY, AND TIIEIR AGENTS AND EMPLOYEES: Please be advised that Claimant TOMMY EDWARD ARCE who resides at 3612 Baldwin Park Blvd,, Baldwin Park, CA 91706, hereby makes a claim against the aforesaid public entities, their agents and employees, for her damages arising out of a motor vehicle accident that occurred on June 12, 2009, at or near the intersection of Maine Avenue and Edison Pole, in the City of Baldwin Park, County of Los Angeles, State of California. At said time and place, claimant was a driver of a vehicle stopped behind a bus that was negligently owned operated, controlled by said public entity and negligently driven by their employee, Nancy Aguilar so as to cause said bus to, among other thing, abruptly back in to claimant's vehicle, causing claimant to sustain injuries and damages to himself. At all said times mentioned herein, the public entity, its agents and employees were the so negligently conducted themselves and negligently hired, retained, and trained their agents and /or employees and /or independent contractors who further negligently conducted themselves while in the course and scope of their duties within the meaning of California Government Code §§ 815.2, 814.4 and 820. As a consequence thereof, claimant was caused to sustain severe personal injuries incurring actual and special damages, and all such other pecuniary and general damages as allowed by law within the jurisdiction of the Superior Court. lJ DATED: December 1, 2009 Attorney for Claimant JAMES M. BERGENER, ESQ. ADDENDUM TO CLAIM AGA1INST A PUBLIC ENTITY FROM lRes BALDWIN P - A•R - K (wr�n)wov 1a 2009 15: KO/ST. 16: 4n/"-. -761Z277463 P 2 101fizeuggpitj a-* INSTRUCTIONS 1, READ CLAIM THOROUGHLY - 2, FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL To: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., SALOWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) w ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE, (GOVERNMENT CODE SEC -RON 911.2) To: City of Baldwin Park 3 . Name of Claimant � aanrL �wem: 1 -I 2. Home Address of Claimant 3. Business Address of Claima t 8. Name and address to which you desire notices or communications to ECEMED 7.009 r1Y` w� r'r�t(i�rg t li► T1 NT 4. Claimant's Date of Birth (if a minor) 5. Claimant's Occupation t-\ a.^ 6. Home Telephone Number g06bL Tio-z' G1 --GIDI 7. Businessielephone Number C-) ptp >�2b Li — �qcl sent regarding this claim: 9. When did © MAGE or INJURY occur? 10. Names of any City employees involved in INJURY or I Date: ::mb9 Time: Name Department If claim is for Equitable Indemnity, give date claimant --- served with complaint: 11, Where did occur? W 12. Desc be in dotal ow the DAMAGE or INJURY occurred. 13, Were police or paramedics called? Yes © N04 If yes, was a report filed? Ye No If yes, what is the Report No? o�ICCL 14. If physician was vishO11 due to injury name, address and p� nr number: 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary) 15. List damages incurred to date? 1-% "� o of first visit and ian's ems- UW-s 16, Total amount of claim to date: I - Basis for Computaton: Limited Civil Case: L� Yes ❑ No (State the amount of your claim if the total amount is $30,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $_....�b ,� D Basis for Computation: 18. Witnesses�toADAMAGE or INJURY: List all persons and addresses of persons known to have information: �Z Z Name till ��"� _— Address '�' Phone Name �� �1ext- Address �� I+� e . + w 1+r` Phone 2b I (p`{ ez 19, Signature of Claimant or I hereby ceffify ftdeclarej'6tj filing on claimant's behalf; relation: fy of peyury under the taws of the state of C Rolationshlo to Ckalrm ..,.._.. Note: Presentation of a false cl F'. lU5ERL18TlCByclerktAdntiglsiratloalprocedufes & FoimsSClolm for Aamapes Form CCI flak 7.U8.dAE to claimant and date: nla fhatthe foregoing is fma and correct to the best of my knowledge. � O-A weirs- Ca Printed Name Date a felony (Penal Code Section 72) CC Form 1 (RsV 7MG) 0 ® 93" CITY OF BALDWIN PARK 13AL©WfN CLAIM FOR DAMAGES 0 A... .K :. K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY, 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE_ FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E, PACIFIC AVE., BALDWIN PARI<, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE.. (GOVERNMENT CODE SECTION 911.2 • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE, (GOVERNMENT CODE SECTION 911.2) To: City of Baldwin Park 1. Name of Claimant D E C 14 2009 0ITY OF DAi.!.0 rO N PARK CITY'�Le # �J�Y4S��'iQtttl�f�t�N i t=iling Stamp 4. Claimant's Date of Birth (if a minor) -2 5. Claimant's Occupation 2. Home Addr ss o Cl Iman 6. Home T 3, Business Addross of Claimant 7. Bushes 8. Name and address to which you desire notices or communications to be sent regarding this claim: 9. When did DAMAGE or INJURY occur? Date: _ Time: � �7 �5—AA If claim is for Equitable Indemnity, give date claimant served with complaint: _ 11. Whero di�I DAMAGE or I �URY ccur? 'Q! f ;77 i v I rV dk R ? rs)4 � 12. Desc ibe in detail ho the DAMAGE or INJURY Occurred, 11 Were police or paramedics called? Yes fn No ❑ If yes, was a report filed? Yes © No If yes, what is the Report No? _6(— r one Number elephone Number 10. Names of any City employees inVOIVed in INJURY or DAMAGE: Name Department 14. If physician was visited due to injury, include date of first visit and physician's name, address and phone number: 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary) <1 7 15. List damages incurred to date? r r � 4 16. Total amount of claim to date: $ , n Basis for Computation: _ V Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. if it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages. $_ Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Iyl `��i _ rl Address �l e� " Phone Name Phone 19. Signa ore of CI itnant or person filing on claimant's behalf; relationship to claimant and date: I here y certify r d Cafe) under penalty of perjury under the tatias rf the sfate of California [hat the foregoing is'Ime and correct to the best of my knowledge. CITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works q%-- DATE: January 6, 2010 SUBJECT: METROLINK PARKING MANAGEMENT PLAN PURPOSE This report requests that the City Council consider revising the parking rates and canceling the security services for the Metrolink Parking Facility. BACKGROUND Last year, on February 18, 2009, the City Council authorized a number of changes to the parking facility at the Metrolink Station. The changes included a) providing security guards at critical hours at a cost not to exceed the revenue generated by the increase in parking fees and b) implementing the parking rates as shown in Attachment A. A financial analysis shows that parking revenue has significantly decreased. Staff believes the increased fees has not only discouraged users to park in our facility, but that when combined with the down turn in our economy, patrons parking at the Metrolink station has significantly decreased. DISCUSSION One of the reasons for using a security service was the occasional vandalism. With the decreased patronage, however, we have received no reports of vandalism over the last year. The security service was engaged with the anticipation of higher revenues from the increase of parking fees. However, parking patronage has gone way down. Parking revenue in 2008 was approximately $ 2,000 per month. In 2009, the parking revenue decreased to $ 900 per month. Annually, this represents a decrease of approximately $13,200. Metrolink Parking Management Plan - Fees and Security Service Page 2 of 2 January 6, 2010 ANALYSIS Staff estimates that if fees are decreased, this should trigger higher parking usage, and revenues should remain the same or even increase. As reported to the City Council in the February 18, 2009, the cost of providing security service was anticipated to be covered by the increase in parking revenues. It was also reported that staff would re- address the cost of security should the increase in revenues not materialize. Since revenues have decreased, staff recommends that the security service be discontinued and that parking fees be restored to the old rates in effect in 2008, as shown in Attachment A. Staff believes this will encourage more residents to use the parking facility at a rate to offset the rate reduction. FISCAL IMPACT There is no negative impact on the General Fund. Staff estimates that the decrease in parking rates will generate new parking patrons, and that with the reduced cost of suspending security service will result in a net gain to the City's General Fund. RECOMMENDATION Staff recommends that the City Council authorize: 1. Authorize suspending the security service at the Metrolink Station; and 2. Authorize lowering the parking rates as shown in Attachment A and listed as "current." ATTACHMENT Existing and Recommended Parking Fees Parking Lot Fee Schedule Metrolink Lot 190 parking stalls 1 spaces available (Included are 8 Handicap stalls) Handicapped 8 free permits renewed monthly Resident Monthly Permits - $10/month Non- resident Monthly Permit - $30/month Daily parking pass - $3/day Park -n -Ride Lot 90 parking stalls /spaces available (Included are 4 Handicap stalls) Handicapped - free monthly permits (not very often) Resident Monthly Permits - $101month Non- resident Monthly Permit - $20 /month Daily parking pass - $1/day Serves as overflow parking for Metrolink Lot Facility Metrolink Parking Lot Monthly Permit - Resident Monthly Permit - Non - Resident Monthly Permit - Preferred Parking Monthly Permit - Handicapped (8 only) Daily Permit (obtained at machine) General Public (same as daily permit) Park -n -Ride Parking Lot Monthly Permit - Resident Monthly Permit - Non- Resident Monthly Permit - Handicapped (4 only) Daily Permit (obtained at machine) General Public Students Handicapped Parking Permit District (PPD) Residents - two Permits for each address Lost, stolen PPD Permits Attachment Parking Rates Current Proposed $1 0.00 $20.00 $30.00 $60.00 NIA $100.00 No Change $3.00 $6.00 Current Proposed $10.00 $10.00 $20.00 $20.00 No Change $1.00 $1.00 Current Proposed NIA $0.00 NIA $10.00 rfld 1 BALDWIN P -A,R,K CITY OF BALDWIN PARK CITY COUNCIL AGENDA JAN - 6 A ®1® ITEM NO. . STAFF REPORT TO: Honorable Mayor and Council Members FROM: Marc Castagnola, AICP, Community Development Mana DATE: January 6, 2010 SUBJECT: A request for approval of an amendment to the City's Municipal Code adding language regarding licensing requirements for Massage Establishments (Location: Citywide; Applicant: City of Baldwin Park; Case No.: AZC -166) PURPOSE This report requests City Council consideration of additions and an amendment to the City's Municipal Code adding Subsections 153.442(D) and 118.03(G) and the amendment to Section 110.04(B)(2). All of these modifications are necessary for compliance with State Law and relate to the licensing requirements for Massage Establishments. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The State CEQA Guidelines, at Section 15378, define a project as the "whole of an action which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment..." The proposed language, requiring consistency with State law, would be added to the Municipal Code, and would not result in a direct or indirect physical change in the environment. Future amendments to the Municipal Code which result in new, modified or prohibited land uses will be subject to CEQA on a case -by -case basis. If the amendment is approved by the City Council, then staff will file a Categorical Exemption with the Los Angeles County Clerk which will trigger the statute of limitations. AZC -166 January 6, 2010 Page 2 BACKGROUND/DISCUSSION On May 5, 2004, the City Council adopted Ordinance 1233 amending Chapter 118 of the City's Municipal Code relating to the licensing requirements of Massage Establishments. That amendment currently requires all Massage Establishments have their massage establishment operators and practitioners pass a City administered examination, related to both their skills and experience as a requirement of their licensing. However, as of September 1, 2009, some of the permit requirements and restrictions imposed by.Chapter 118 and two other Chapters in the City's Municipal Code are out of compliance with state law since the passage of SB 731. While the City is authorized to regulate massage establishments by ensuring they are operating in compliance with all federal, state, county and municipal laws, the City is now prohibited from enacting any ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to SB 731. Subsequently, in order to be consistent with State Law, staff is proposing to add or amend the following subsections which would read as follows. 1) ADD § 153.442(D) Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with section 4600) (the "State Regulations for Massage Therapists') and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit required pursuant to this section. Except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this section. 2) ADD § 118.03(G) Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with section 4600) (the "State Regulations for Massage Therapists) and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners; except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this Chapter. 3) AMEND to include the following language at end of § 110.04(8)(2) Any person who holds a current and valid certificate issued C:\Amy\AMY1W0RDNReports\Cound1 Reports\AZC -166 #2.DOC AZC -166 January 6, 2010 Page 3 pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing . with section 4600) (the "State Regulations for Massage Therapists') and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit required pursuant to this subsection. Except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this subsection. Planning Commission Action The Planning Commission, at a Special Meeting held on November 16, 2009, voted 4 -0 to recommend the City Council approve these additions /amendments to the Municipal Code relating to the licensing of massage establishments. CITY ATTORNEY REVIEW The City Attorney has reviewed and approved this report. FINANCIAL IMPACT This amendment to the City's Municipal Code will not have an impact upon the General Fund. RECOMMENDATION Staff and the Planning Commission recommend the City Council open the public hearing and following the public hearing introduce by first reading Ordinance 1330 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SUBSECTION 110.04(B)(2) OF AND ADDING SUBSECTIONS 118.03(G) AND 153.442(D) TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE USES (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 166)." ATTACHMENTS *Attachment #1, Ordinance 1330 *Attachment 92, SB 731 *Attachment #3, Chapter 118, Massage Establishments Report Prepared by: Amy L. Harbin, City Planner CAAmy\AMY1W0RDIReports\Cound1 Reports\AZC -166 #2.DOC C:IAmy\AMY1WORDIReportslCouncil Reports\AZC -166 #2.DOC ORDINANCE NO. 1330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SUBSECTION 110.04(B)(2) OF AND ADDING SUBSECTIONS 118.03(G) AND 153.442(D) TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE USES The City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Subsection 110.04(B)(2) of the Baldwin Park Municipal Code is hereby amended by adding the following at the end of that subsection to read as follows: Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with section 4600) (the "State Regulations for Massage Therapists ") and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit required pursuant to this subsection. Except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this subsection. SECTION 2. Subsection 118.03(G) is hereby added to the Baldwin Park Municipal Code to read as follows: (G) Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with section 4600) (the "State Regulations for Massage Therapists ") and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners; except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this Chapter. SECTION 3. Section 153.442(D) is hereby added to the Baldwin Park Municipal Code to read as follows: (D) Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with section 4600) (the "State Regulations for Massage Therapists ") and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit Ordinance No. 1330 Page 2 required pursuant to this section. Except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this section. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED on the day of _,2009 MANUEL LOZANO, MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, CMC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1330 was introduced at a regular meeting of the City Council held on December 16, 2009, and was adopted by the City Council at its regular meeting held on January 20, 2010, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK J C;IAmylAMY1WORD%ReportslCouncil Reports\AZC -166 #2.DOC S 731 Senate Bill - CHAPTERED BILL NUMBER: SB 731 CHAPTERED BILL 'TEXT CHAPTER 384 FILED WITH SECRETARY OF STA'T'E SEPTEMBER 27, 2008 APPROVES] BY GOVERNOR SEPTEMBER 27, 2008 PASSED THE SENATE AUGUST 19, 2008 PASSED THE ASSEMBLY AUGUST 13, 200B AMENDED IN ASSEMBLY AUGUST 8, 2008 AMENDED IN ASSEMBLY JULY 9, 2007 AMENDED IN ASSEMBLY JUNE 25, 2007 AMENDED IN SENATE MAY 8, 2007 AMENDED IN SENATE APRIL 26, 2007 AMENDED IN SENATE APRIL 19, 2007 AMENDED IN SENATE APRIL 16, 2007 INTRODUCED BY Senator Oropeza FEBRUARY 23, 2007 An act to add and repeal Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code, relating to massage therapy. LEGISLATIVE COUNSEL'S DIGEST SE 731, Oropeza. Massage therapy. Existing law provides for the regulation of various healing arts professionals, including physicians and surgeons, chiropractors, physical therapists, and acupuncturists. Existing law authorizes the legislative body of a city or county to enact ordinances providing for the licensing and regulation of the business of massage when carried on within the city or county. This bill would, commencing September 1, 2009, provide for the certification of massage practitioners and massage therapists by the Massage Therapy Organization, which would be a nonprofit organization meeting specified requirements, and would impose certain duties on the organization. The bill would require applicants for certification to be 18 years of age or older, to meet specified educational criteria, to provide to the organization and update certain information, to provide fingerprints for submission to the Department of ,justice for a criminal background check, and to pay fees required by the organization. The bill would require the Department of Justice to review specified information and to provide to the organization fitness determinations and certain other information. The bill would allow the organization to take certain disciplinary action against certificate holders and would require the organization to take certain action with regard to suspending or revoking a certificate if the certificate holder has been arrested for, and charged with, specified crimes. The bill would make it an unfair business practice for a person to state, advertise, or represent that he or she is certified or licensed by a governmental agency as a massage therapist or practitioner, or to make other false representations, as specified. The hill would prohibit a city, county, or city and county from enacting certain ordinances regulating the practice of massage by a certificate holder, as specified. The bill would make its provisions subject to review by Pare 1 of 12 http: / /wu ,"�.le�info.ca.gov /pub /07 -08 /bill /sen/sb 0701- 0750/sb_731_bill 20080927_cliapt,., 11/9/2009 SB 731 Senate Bill - C"HAPTERED the Joint Committee on Boards, Commissions, and Consumer Protection. The bill would repeal these provisions on January 1, 2016. THE PEOPLE OF THE STA'T'E OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of this act to create a voluntary certification for the massage therapy profession that will enable consumers to easily identify credible certified massage therapists; assure that certified massage therapists have completed sufficient training at approved schools; phase in increased education and training standards consistent with other states; assure that massage therapy can no longer be used as a subterfuge to violate subdivision (a) or (b) of Section 647 of the Penal Code; and to provide a self - funded nonprofit oversight body to approve certification and education requirements for massage therapists. SEC. 2. Chapter 10.5 (commencing with Section 4600) is added to Division 2 of the Business and Professions Code, to read: CHAPTER 10.5. MASSAGE THERAPISTS 4600. As used in this chapter, the following terms shall have the following meanings: (a) "Approved school" or "approved massage school" means a facility that meets minimum standards for training and curriculum in massage and related subjects and that is approved by any of the following: (1) The Bureau for Private Postsecondary and Vocational Education pursuant to former Section 94739 of the Education Code prior to July 1, 2007, and as of the date on which an applicant met the requirements of paragraph (2) of subdivision (b) or subparagraph (A) of paragraph (2) of subdivision (c) of Section 4601. (2) The Department of Consumer Affairs. (3) An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following: (A) A public institution. (B) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, and that is not managed by any entity for profit. (C) A for - profit institution. (D) An institution that does not meet all of the criteria in subparagraph (B) that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, that has been in continuous operation since April 15, 1997, and that is not managed by any entity for profit. (4) A college or university of the state higher education system, as defined in Section 100850 of the Education Code. (5) A school of equal or greater training that is approved by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education. (b) "Compensation" means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. (c) "Massage therapist," "bodyworker," "bodywork therapist," or "massage and bodywork therapist" means a person who is certified by the Massage Therapy Organization under subdivision (c) of Section 4601 and who administers massage for compensation. Page 2 of 12 http: //w ,m,.leginfo.ca,gov/ Bub/ 07- 08[bill /seiA /sb_0701- 0750/sU 731 bill 20080927_chapt... 11/9/2009 SB 731 Senate Bill - CHAPTERED (d) "Massage practitioner," "bodywork practitioner," or "massage and bodywork practitioner" means a person who is certified by the Massage Therapy Organization under subdivision (b) of Section 4601 and who administers massage for compensation. (e) "Organization" means the Massage Therapy Organization created pursuant to this chapter, which shall be a nonprofit organization exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. The organization may commence activities as authorized by this section once it has submitted a request to the Internal Revenue Service seeking this exemption. (f) "Registered school" means a facility that meets minimum standards for training and curriculum in massage and related subjects and that either was recognized by the Bureau for Private Postsecondary and Vocational Education pursuant to Section 94931 of the Education Code prior to July 1, 2007, and as of the date on which an applicant met the requirements of paragraph (2) of subdivision (b) or subparagraph (A) of paragraph (2) of subdivision (c) of Section 4601, or is recognized by the Department of Consumer Affairs, by an institution accredited by the senior commission or the junior commission of the Western Association of Schools and Colleges as defined in paragraph (2) of subdivision (a) of Section 4600, by a college or university of the state higher education system as defined in Section 100850 of the Education Code, or by a school of equal or greater training that is approved by the corresponding agency in another state. (g) For purposes of this chapter, the terms "massage" and "bodywork" shall have the same meaning. 4600.5. (a) A Massage Therapy Organization, as defined in subdivision (e) of Section 4600, shall be created and shall have the responsibilities and duties set forth in this chapter. The organization may take any reasonable actions to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff and entering into contracts. (b) (1) The organization shall be governed by a board of directors made up of two representatives selected by each professional society, association, or other entity, whose membership is comprised of massage therapists and that chooses to participate in the organization. To qualify, a professional society, association, or other entity shall have a dues - paying membership in California of at least 1,000 individuals for the last three years, and shall have bylaws that require its members to comply with a code of ethics. The board of directors shall also include each of the following persons: (A) One member selected by each statewide association of private postsecondary schools incorporated on or before January 1, 2010, whose member schools have together had at least 1,000 graduates in each of the previous three years from massage therapy programs meeting the approval standards set forth in subdivision (a) of Section 4600, except from those qualifying associations that choose not to exercise this right of selection. (B) One member selected by the League of California Cities, unless that entity chooses not to exercise this right of selection. (C) One member selected by the California State Association of Counties, unless that entity chooses not to exercise this right of selection. (D) one member selected by the Director of Consumer Affairs, unless that entity chooses not to exercise this right of selection. (E) One member appointed by the California Community College Chancellor's Office, unless that entity chooses not to exercise this right of selection. The person appointed, if any, shall not be part of any massage therapy certificate or degree program. Page 3 of 12 http: / /www.leginfo.ca.gov /pub /07 -08 /bill /sen /sb_0701 -- 0750 /sb 731 bill 20080927_chapt... 11/9/2009 SB 731 Senate Bill - CHAPTERED The organization's bylaws shall establish a process for appointing other professional directors as determined by the board. (2) The initial board of directors shall establish the organization, initiate the request for tax- exempt status from the Internal Revenue Service, and solicit input from the massage community concerning the operations of the organization. The initial board of directors, in its discretion, may immediately undertake to issue the certificates authorized by this chapter after adopting the necessary bylaws or other rules, or may establish by adoption of bylaws the permanent governing structure prior to issuing certificates. (c) The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees shall be established by the board of directors annually. (d) The meetings of the organization shall be subject to the rules of the Bagley -Keene Open Meetings Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). 4601. (a) The organization shall issue a certificate under this chapter to an applicant who satisfies the requirements of this chapter. (b) (1) In order to obtain certification as a massage practitioner, an applicant shall submit a written application and provide the organization with satisfactory evidence that he or she meets all of the following requirements: (A) The applicant is 18 years of age or older. (B) The applicant has successfully completed, at a single approved school, curricula in massage and related subjects totaling a minimum of 250 hours that incorporates appropriate school assessment of student knowledge and skills. Included in the hours shall be instruction addressing anatomy and physiology, contraindications, health and hygiene, and business and ethics, with at least 100 hours of the required minimum 250 hours devoted to these curriculum areas. (C) All fees required by the organization have been paid. (2) New certificates shall not be issued pursuant to this subdivision after December 31, 2015. Certificates issued pursuant to this section or subdivision (a) or (c) of Section 4604 on or before December 31, 2015, shall, after December 31, 2015, be renewed without any additional educational requirements, provided that the certificate holder continues to be qualified pursuant to this chapter. (c) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the organization with satisfactory evidence that he or she meets all of the following requirements: (1) The applicant is 18 years of age or older. (2) The applicant satisfies at least one of the following requirements: (A) He or she has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours. Of this 500 hours, a minimum of 250 hours shall be from approved schools. The remaining 250 hours required may be secured either from approved or registered schools, or from continuing education providers approved by, or registered with, the organization or the Department of Consumer Affairs. After December 31, 2015, applicants may only satisfy the curricula in massage and related subjects from approved schools. (B) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric Page 4 of 12 httl): / /www.leginfo.ca. -Ov /}pub /07 -08 /bill /sci�/sb 0701- 0750 /sb_731_ bill_ 20080927 chapt... 11/9/2009 SB 731 Senate Bill - CHAPTI -RED principles and standards, and that is approved by the board. The successful completion of this examination may have been accomplished before the date the organization is authorized by this chapter to begin issuing certificates. (3) All fees required by the organization have been paid. (d) The organization shall issue a certificate to an applicant who meets the other qualifications of this chapter and holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. The organization shall have discretion to give credit for comparable academic work completed by an applicant in a program outside of California. (e) An applicant applying for a massage therapist or massage practitioner certificate shall file with the organization a written application provided by the organization, showing to the satisfaction of the organization that he or she meets all of the requirements of this chapter. (f) Any certification issued under this chapter shall be subject to renewal every two years in a manner prescribed by the organization, and shall expire unless renewed in that manner. The organization may provide for the late renewal of a license. (g) (1) The organization shall have the responsibility to determine that the school or schools from which an applicant has obtained the education required by this chapter meet the requirements of this chapter. If the organization has any reason to question whether or not the applicant received the education that is required by this chapter from the school or schools that the applicant is claiming, the organization shall investigate the facts to determine that the applicant received the required education prior to issuing a certificate. (2) For purposes of paragraph (1) and any other provision of this chapter for which the organization is authorized to receive factual information as a condition of taking any action, the organization shall have the authority to conduct oral interviews of the applicant and others or to make any investigation deemed necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. 4601.2. No certificates shall be issued by the organization pursuant to this chapter prior to September 1, 2009. 4601.3. (a) Prior to issuing a certificate to the applicant or designating a custodian of records, the organization shall require the applicant or the custodian of records candidate to submit fingerprint images in a form consistent with the requirements of this section. The organization shall submit the fingerprint images and related information to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state and federal level convictions and of state and federal level arrests for which the Department of Justice establishes that the applicant or candidate was released on bail or on his or her own recognizance pending trial. Requests for federal level criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of ,justice. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and shall compile and disseminate a fitness determination regarding the applicant or candidate to the organization. (b) The Department of Justice shall provide information to the organization pursuant to subdivision (p) of Section 11105 of the Penal Code. Page 5of12 http: / / «,A,.Ie- itifo.ca,gov /pub /07- 08/bill /scn /sb 0701 - 0750 /sb 731W bill _20080927_chapt... 11/9/2009 SB 731 Senate Bill - CHAPTERED (c) The Department of ,justice and the organization shall charge a fee sufficient to cover the cost of processing the request for state and federal level criminal offender record information. (d) The organization shall request subsequent arrest notification service from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for all applicants for licensure or custodian of records candidates for whom fingerprint images and related information are submitted to conduct a search for state and federal level criminal offender record information. (e) This section shall become operative September 1, 2009. 4601.4. Organization directors, employees, or volunteer individuals may undergo the background investigation process delineated in Section 4601.3. 4602. (a) The organization may discipline a certificate holder by any, or a combination, of the following methods: (1) Placing the certificate holder on probation. (2) Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year. (3) Revoking the certificate. (4) suspending or staying the disciplinary order, or portions of it, with or without conditions. (5) Taking other action as the organization, as authorized by this chapter or its bylaws, deems proper. (b) The organization may issue an initial certificate on probation, with specific terms and conditions, to any applicant. (c) (1) Notwithstanding any other provision of law, if the organization receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate bolder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in subdivision (h) of Section 4603, the organization shall take all of the following actions: (A) Immediately suspend, on an interim basis, the certificate of that certificate holder. (B) Notify the certificate holder within 10 days at the address last filed with the organization that the certificate has been suspended, and the reason for the suspension.. (C) Notify any business within 10 days that the organization has in its records as employing the certificate holder that the certificate has been suspended. (2) Upon notice to the organization that the charges described in paragraph (1) have resulted in a conviction, the suspended certificate shall become subject to permanent revocation. The organization shall provide notice to the certificate holder within 10 days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days that the conviction is either invalid or that the information is otherwise erroneous. (3) Upon notice that the charges have resulted in an acquittal, or have otherwise been dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any business that received notice pursuant to subparagraph (C) of paragraph (1) shall be notified of the reinstatement within 10 days. 4602.5. (a) Upon the request of any law enforcement agency or any other representative of a local government agency with responsibility for regulating, or administering a local ordinance relating to, massage or massage businesses, the organization shall provide information concerning a certificate holder, including, but not limited to, the current status of the certificate, any history of disciplinary actions taken against the certificate holder, the home Pate 6 of 12 http:// www. leginfo .ca,gov /pLib /07- 08/bill /son/sb 0701- 0750/sb_731 bill 20080927__eliapt... 11/9/2009 SB 731 Senate Bill - CHAPTERED and work addresses of the certificate holder, and any other information in the organization's possession that is necessary to verify facts relevant to administering the local ordinance. (b) The organization shall accept information provided by any law enforcement agency or any other representative of a local government agency with responsibility for regulating, or administering a local ordinance relating to, massage or massage businesses. The organization shall have the responsibility to review any information received and to take any actions authorized by this chapter that are warranted by that information. 4603. It is a violation of this chapter for a certificate holder to commit, and the organization may deny an application for a certificate or discipline a certificate holder for, any of the following: (a) Unprofessional conduct, including, but not limited to, denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a certificate holder by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, or judgment shall be conclusive evidence of these actions. (b) Procuring a certificate by fraud, misrepresentation, or mistake. (c) violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any rule or bylaw adopted by the organization. (d) Conviction of any felony, or conviction of a misdemeanor that is substantially related to the qualifications or duties of a certificate holder, in which event the record of the conviction shall be conclusive evidence of the crime. (e) Impersonating an applicant or acting as a proxy for an applicant in any examination referred to under this chapter for the issuance of a certificate. (f) Impersonating a certified practitioner or therapist, or permitting or allowing an uncertified person to use a certificate. (g) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder. (h) Committing any act punishable as a sexually related crime. 4603.1. (a) No certificate holder or certificate applicant may be disciplined or denied a certificate pursuant to Section 4603 except according to procedures satisfying the requirements of this section. A denial or discipline not in accord with this section or subdivision (c) of Section 4602 shall be void and without effect. (b) Any certificate applicant denial or certificate holder discipline shall be done in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (c) is fair and reasonable, but a court may also find other procedures to be fair and reasonable when the full circumstances of the certificate denial or certificate holder discipline are considered. (c) A procedure is fair and reasonable when the procedures in subdivision (c) of Section 4602 are followed, or if all of the following apply: (1) The provisions of the procedure have been set forth in the articles or bylaws, or copies of those provisions are sent annually to all the members as required by the articles or bylaws. (2) It provides the giving of 15 days prior notice of the certificate denial or certificate holder discipline and the reasons Page 7 of 12 httl)://www.Ieglllfo.ca,gov/p-al)/07-08/bill/scii/sb 0701-0750/sb 731 _ bill_ 20080927chapt... 11/9/2009 SB 7' )1 Senate Bill - CHAPTERED therefor. (3) It provides an opportunity for the certificate applicant or certificate holder to he heard, orally or in writing, not less than five days before the effective date of the certificate denial or certificate holder discipline by a person or body authorized to decide that the proposed certificate denial or certificate holder discipline not take place. (d) Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first -class or certified mail sent to the last address of the certificate applicant or certificate holder shown on the organization's records. (e) Any action challenging a certificate denial or certificate holder discipline, including any claim alleging defective notice, shall be commenced within one year after the date of the certificate denial or certificate holder discipline. if the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances. (f) This section governs only the procedures for certificate denial or certificate holder discipline and not the substantive grounds therefor. A certificate denial or certificate holder discipline based upon substantive grounds that violates contractual or other rights of the member or is otherwise unlawful is not made valid by compliance with this section. (g) A certificate applicant or certificate holder who is denied or disciplined shall be liable for any charges incurred, services or benefits actually rendered, dues, assessments, or fees incurred before the certificate denial or certificate holder discipline or arising from contract or otherwise. 4603.5. It shall be the responsibility of any certificate holder to notify the organization of his or her home address, as well as the address of any business establishment where he or she regularly works as a massage therapist or massage practitioner, whether as an employee or as an independent contractor. A certificate holder shall notify the organization within 30 days of changing either his or her home address or the address of the business establishment where he or she regularly works as a massage therapist or massage practitioner. 4604. (a) Notwithstanding Section 4601, the organization may grant a massage practitioner certificate to any person who applies on or before January 1, 2012, with one of the following: (1) A current valid massage permit or license from a California city, county, or city and county and documentation evidencing that the person has completed at least a 100 -hour course in massage at a state- approved or registered school, or out -of -state school recognized by the organization as providing comparable education, has been practicing for at least three years, and has provided at least 1,000 hours of massage to members of the public for compensation. (2) Documentation evidencing that the person has completed at least a 100 -hour course in massage at a state- approved or registered school, or out -of -state school recognized by the organization as providing comparable education, has been practicing for at least three years, and has provided at least 1,750 hours of massage to members of the public for compensation. For purposes of this subdivision, evidence of practice shall include either of the following: (A) A W -2 form or employer's affidavit containing the dates of the applicant's employment. (B) Tape returns indicating self - employment as a massage practitioner or massage therapist or any other title that may demonstrate experience in the field of massage. Page8of12 httl): / /wv, ,m,.le,6nfo.ca,gov/ Pub /07-08 /bill /sen /sb 0701 - 0750 /sb 731 bill 20080927_chapt... 11/9/2009 SB 731 Senate Sill - CHAPTERED (3) Documentation evidencing that the person holds a current valid certificate of authorization as an instructor at an approved massage school., or holds the position of a massage instructor at a school accredited by an agency recognized by the United States Department of Education, or colleges and universities of the state higher education system, as defined in Section 100650 of the Education Code. (b) (1) After reviewing the information submitted under subdivision (a), the organization may require additional information necessary to enable it to determine whether to issue a certificate. (2) If an applicant under paragraph (1) of subdivision (a) or paragraph (1) of subdivision (c) has not complied with Section 4601.3, or its equivalent, when obtaining a license or permit from the city, county, or city and county, the organization shall require the applicant to comply with section 4601.3 prior to issuing a certificate pursuant to this section. (c) (1) A person applying for a massage practitioner certificate on or before January 1, 2012, who meets the educational requirements of either paragraph (1) or (2) of subdivision (a), but who has not completed the required number of practice hours prior to submitting an application pursuant to this section, may apply for a conditional certificate. (2) An applicant for a conditional certificate shall, within five years of being issued the conditional certificate, be required to complete at .least 30 hours of additional education per year from schools or courses described in paragraph (5) until he or she has completed a total of at least 250 hours of education, which may include massage education hours previously completed in a massage course described in either paragraph (1) or (2) of subdivision (a). (3) Upon successful completion of the requirements of this subdivision, the organization shall issue a certificate to the person that is not conditional. (4) The organization shall immediately revoke the conditional certificate issued to any person pursuant to this subdivision if the time period specified in paragraph (2) expires without proof of completion of the requirements having been filed with the organization. (5) Any additional education required by this section may be completed through courses provided by any of the following: (A) An approved school. (B) A registered school. (C) A provider approved by, or registered with, the organization or the Department of Consumer Affairs. (D) A provider that establishes to the satisfaction of the organization that its course or courses are appropriate educational programs for this purpose. (d) Nothing in this section shall preclude the organization from exercising any power or authority conferred by this chapter with respect to a conditional certificate holder. 4605. It is an unfair business practice for any person to state or advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that he or she is certified, registered, or licensed by a governmental agency as a massage therapist or massage practitioner. 4606. It is an unfair business practice for any person to hold oneself out or use the title of "certified massage therapist" or "certified massage practitioner" or any other term, such as "licensed," "registered," or "CMT," that implies or suggests that the person is certified as a massage therapist or practitioner without meeting the requirements of Section 4601 or 4604. Page 9 of 12 http: / /vA-ww.le- info.ca.c,ov /pub /07-08 /bill /sen /sb_ 0701 - 0750 /sb 731 —bill_ 20080927__chapt... 11/9/2009 SB 731 Senate Bill - CHAPTERED 4607. The superior court in and for the county in which any person acts as a massage practitioner or massage therapist in violation of the provisions of this chapter, may, upon a petition by any person, issue an injunction or other appropriate order restraining the conduct. The proceedings under this paragraph shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. 4608. Nothing in this chapter is intended to limit or prohibit a person who obtains a certification pursuant to this chapter from providing services pursuant to, and in compliance with, Sections 2053.5 and 2053.6. 4612. (a) (1) The holder of a certificate issued pursuant to this chapter shall have the right to practice massage, consistent with this chapter and the qualifications established by his or her certification, in any city, county, or city and county in this state and shall not be required to obtain any other license, permit, or other authorization, except as provided in this section, to engage in that practice. (2) Notwithstanding any other provision of law, a city, county, or city and county shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to this chapter and who is practicing consistent with the qualifications established by his or her certification. No provision of any ordinance enacted by a city, county, or city and county that is in effect before the effective date of this chapter, and that requires a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant to this chapter. (3) Except as provided in subdivision (b), nothing in this section shall be interpreted to prevent a city, county, or city and county from adopting or enforcing any local ordinance governing zoning, business licensing, and reasonable health and safety requirements for massage establishments or businesses. subdivision (b) shall not apply to any massage establishment or business that employs or uses persons to provide massage services who are not certified pursuant to this chapter. (b) (1) This subdivision shall apply only to massage establishments or businesses that are sole proprietorships, where the sole proprietor is certified pursuant to this chapter, and to massage establishments or businesses that employ or use only persons certified pursuant to this chapter to provide massage services. For purposes of this subdivision, a sole proprietorship is a business where the owner is the only person employed by that business to provide massage services. (2) (A) Any massage establishment or business described in paragraph (1) shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified. (B) Nothing in this section shall preclude a city, county, or city and county from including in a local ordinance a provision that requires a business described in paragraph (1) to file copies or provide other evidence of the certificates held by the persons who are providing massage services at the business. (3) A city, county, or city and county may charge a massage business or establishment a business licensing fee sufficient to cover the costs of the business licensing activities established by a local ordinance described in this section. (4) Nothing in this section shall prohibit a city, county, or city and county from adopting land use and zoning requirements applicable to massage establishments or businesses, provided that these Pagc 10 of 12 http;// wvvm,.Ieginfo.ca.gov /l)ub /07 -08 /bill /scn /sb_0701- 0750/sb 731 bill 20080927_chal)t... 11/9/2009 SB 731 Seiaate Bill - CHAPTERED requirements shall be no different than the requirements that are uniformly applied to other professional or personal services businesses. (5) Local building code or physical facility requirements applicable to massage establishments or businesses shall not require additional restroom, shower, or other facilities that are not uniformly applicable to other professional or personal service businesses, nor shall building or facility requirements be adopted that (A) require unlocked doors when there is no staff available to assure security for clients and massage staff who are behind closed doors, or (B) require windows that provide a view into massage rooms that interfere with the privacy of clients of the massage business. (6) A city, county, or city and county may adopt reasonable health and safety requirements with respect to massage establishments or businesses, including, but not limited to, requirements for cleanliness of massage rooms, towels and linens, and reasonable attire and personal hygiene requirements for persons providing massage services, provided that nothing in this paragraph shall be interpreted to authorize adoption of local ordinances that impose additional qualifications, such as medical examinations, background checks, or other criteria, upon any person certified pursuant to this chapter. (7) Nothing in this section shall preclude a city, county, or city and county from doing any of the following: (A) Requiring an applicant for a business license to operate a massage business or establishment to fill out an application that requests the applicant to provide relevant information. (B) Making reasonable investigations into the information so provided. (C) Denying or restricting a business license if the applicant has provided materially false information. (c) An owner or operator of a massage business or establishment subject to subdivision (b) shall be responsible for the conduct of all employees or independent contractors working on the premises of the business. Nothing in this section shall preclude a local ordinance from authorizing suspension, revocation, or other restriction of a license or permit issued to a massage establishment or business if violations of this chapter, or of the local ordinance, occur on the business premises. (d) Nothing in this section shall preclude a city, county, or city and county from adopting a local ordinance that is applicable to massage businesses or establishments described in paragraph (1) of subdivision (b) and that does either of the following: (1) Provides that duly authorized officials of the city, county, or city and county have the right to conduct reasonable inspections, during regular business hours, to ensure compliance with this chapter, the local ordinance, or other applicable fire and health and safety requirements. (2) Requires an owner or operator to notify the city, county, or city and county of any intention to rename, change management, or convey the business to another person. 4613. (a) Nothing in this chapter shall restrict or limit in any way the authority of a city, county, or city and county to adopt a local ordinance governing any person who is not certified pursuant to this chapter. (b) Nothing in this chapter is intended to affect the practice rights of any person licensed by the state to practice or perform any functions or services pursuant to that license. 4615. This chapter shall be subject to the review required by Division 1.2 (commencing with Section 473)• Page 11 of 12 httl) : / /www.leginfo.ca.(,ov/ pub /07- 08/bilUsei�/sb 0701- 0750/sb_731 bill 20080927_chapt... 11/9/2009 SB 7' )1 Senate Bill - CHATTERED 4620. This chapter shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. Page 12 of 12 http:ll www. leginfo .c,a.govlpub107- 081billlsen /sb 0701- 07501sb_731 bill_20080927_chal)t... 11/9/2009 J. s CMmy\AMY\WORDIReports\Coundl Reports\AZC -766 ##2.DOC 118.01 Definitions 118.02 Operator's permit required 118.03 Exceptions 118.04 Operator's permit: applications 118.05 Operators and managers examination required 118.06 Operator's permit: issuance or denial 118.07 Operating requirements: general conditions 118.08 Operating requirements: facilities 118.09 Operating requirements: operations 118.10 Inspections 118.11 Operator's permit: non - assignablity 118,12 Change in ownership of business 118.13 Change in location or name 118.14 Applicability to existing massage establishments 118.15 Massage practitioners: permit required 118.16 Massage practitioners: permit application 118.17 Massage practitioners: written examination required 118.18 Massage practitioners: issuance and denial 118.19 Massage practioners: general conditions 118.20 Massage practitioners: non- assignablity 118.21 Massage practitioner: additional or change in locations Chanter 118 Page 2 11 8.22 Applicability to existing massage practitioners 11.8.23 Out -call massage permit 118.24 Out -call massage permit application 1 18.25 Out -call massage permit: issuance and denial 118.26 Out -call massage records required 118.27 Out -call massage permit: non- assignability 118.28 Permit: term and renewal 118.29 Suspension, revocation, denial and appeal 118.30 Notice 118.31 Appeal 118.32 New application after denial or revocation of permit 118.33 Surrender of permit 118.34 Fees 118.35 Violation and penalty § 118.01 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: ADULT - ORIENTED MERCHANDISE. Any sexually - oriented implements, paraphernalia, or novelty items, such as, but not limited to, condoms, dildos, sexually- oriented vibrators, sexually- oriented lubricants, which are designed or marketed primarily for the stimulation of human genital organs. CHIEF OFPOLICE. The Chief of Police of the City of Baldwin Park or his or her designee. CITY. The City of Baldwin Park. CITY COUNCIL. The City Council of the City of Baldwin Park. CHIEF EXECUTIVE OFFICER. The Chief Executive Officer of the City of Baldwin Park. Chapter 118 19 CONVICTION or CONVICTED. A guilty plea, guilty verdict, or a conviction following a plea of nolo contendere. CUSTOMER AREA. Areas open to customers of the establishment or the general public. EMPLOYEE. Any and all persons, other than a massage practitioner, operator or manager, who renders any service, with or without compensation, for the owner, operator, manager or agent of either an owner, operator or manager of a massage establishment who and who has no physical contact with customers or clients. For purposes of this chapter the term EMPLOYEE shall include independent contractors. HEALTH DEPARTMENT. The Health Department of the County of Los Angeles. LOBBY. One room or designated area, adjacent to the public entry, which is used for an entry and /or waiting room for customers or other persons authorized to enter the premises. MANAGER. The person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day -to -day operations with corresponding liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. A manager may also be an owner. A MANAGER shall provide all of the information required for and meet the standards and qualifications set forth in §§ 118.04 and 118.05 to qualify as a manager. MASSAGE. Any method of treating the external parts of the human body for remedial, health, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or any other manner of touching external parts of the human body with the hands, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this type of business or trade. MASSAGE ESTABLISHMENT. Any enterprise or establislunent having a fixed place of business conducted within the City of Baldwin Park, where any person, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a massage, bath or health treatment involving massages or baths including, but not limited to, fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. MASSAGE ROOM. A cubicle, booth, room or enclosed or semi- enclosed area within a massage establishment where massage services are performed on patrons. 118 Paae 4 MASSAGE PRACTITIONER. Any person who administers to another person a massage as defined herein, within a massage establishment for any form of consideration or in exchange for anything of value whatsoever. The terms "massage therapist," "massage technician," "massage trainee ", "masseur" or "masseuse" are included within this definition for purposes of this chapter. OPERATOR. All persons who have an ownership interest in the massage establishment. A operator may also be a manager or an owner. A proposed operator shall provide all of the information required for and meet all of the standards and qualifications set forth in §§ 118.04 and 118.05 to qualify as an operator. OPERATOR'S PERMIT. The permit issued pursuant to the provisions of this chapter required to operate and /or manage a massage establishment. OUT-CALL MASSAGE. A massage performed or administered for money or other consideration by a licensed massage practitioner at a location other than a licensed massage establishment. OWNER. The individual(s) whose name appears on the city business license and includes any and all persons who have any ownership interest in a massage establishment. An owner may also be a operator or manager. PERSON. Any natural person, individual, or corporation, partnership, association or other group or combination of individuals acting as an entity. POLICE DEPARTMENT. The Police Department of the City of Baldwin Park. QUALIFIED MASSAGE ASSOCIATION. Any association which meets all of the following criteria: (1) Has established, as a minimum education requirement for membership, the completion of at least 500 hours of training from a recognized school of massage, and has a written and practical testing of equivalency administered and overseen by its admissions committee or by a national certified program endorsed by the National Commission for Certifying Agencies (NCCA), which will be considered in lieu of the minimum education requirement of 500 hours; (2) Offers and /or requires participation and completion by members of a minimum of eight hours of specified continuing education per year as a condition of continuing membership; (3) Is open to members of the general public, meeting the requirements for membership on a national basis; (4) Has minimum educational requirements or equivalents, including at least 500 classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR. Equivalency must be verified by written and practical testing by the association; Chapter 118 Page 5 (5) The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of such rules, RECOGNIZED SCHOOL OF MASSAGE. Any school or institution of learning which teaches, through state- certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code, including but not limited to §§ 94900 or 94905, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring personal attendance shall not be deemed a recognized school. (Ord. 1233, passed 5 -4 -04) § 118.02 OPERATOR'S PERMIT REQUIRED. It shall be unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on the business or operation of a massage establishment within the city without first obtaining an operator's permit pursuant to the provisions of this chapter, and complying with all other applicable provisions of this code, including, but not limited to, securing the necessary business license and complying with all applicable land use regulations. (Ord, 1233, passed 5 -4 -04) § 118.03 EXCEPTIONS. The requirements of this chapter shall not apply to the following individuals while engaged in performing the duties of their respective professions; (A) Physicians, surgeons, chiropractors, acupuncturists, physical therapists or osteopaths duly licensed to practice their respective professions in the state, (B) A registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a state - licensed physician, surgeon, chiropractor or osteopath. Practical nurses or other persons that do not meet the requisite qualifications for a massage practitioner, or any other person not otherwise licensed by the state, whether or not employed by physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage services or act as a massage practitioner, (C) Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California. (D) Barbers, beauticians, aestheticians and manicurists who are duly licensed by the State of California while engaging in the practice within the scope of their respective licenses, except that this exemption applies solely for the massaging of the neck, face and/or scalp of the Chapter 118 Page 6 customer or client of said barber or beautician or in the case of a licensed manicurist, the massaging of the forearin, hands, calfs and /or feet. (E) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment. (F) Trainers of amateur, semi- professional or professional athletes or athletic teams. (Ord. 1233, passed 5 -4 -04) § 115.04 OPERATOR'S PERMIT: APPLICATIONS. (A) Any person desiring to obtain a permit to operate and /or manage a massage establishment shall submit a written application under penalty of perjury on the required form to the Chief of Police who shall conduct an investigation. The application shall be accompanied by a non - refundable filing fee established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter. (B) The application shall be completed and signed by the owner of the proposed massage establishment if a sole proprietorship or if the applicant is a corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant under this chapter. (C) The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this Code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of owners or operators designated in the application. (D) The application for a permit does not authorize the operation or management of a massage establishment unless and until such permit has been properly granted, nor does the possession of a valid massage establishment permit authorize the possessor to perform work for which a massage practitioner permit is required. (E) The application for a massage establishment permit shall contain or be accompanied by the following information: (1) The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. (a) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers, directors and each stockholder holding more than 5 %of the stock of that corporation. Chapter 118 Page 7 (b) If the applicant is a partnership, the application shall set forth the naive and residence addresses of each of the partners, including limited partners. (c) If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the secretary of state. If one or more of the partners is a corporation, the provisions of this division pertaining to corporations shall apply. (2) The true, full, and precise narne under which the massage establishment is to be conducted. (3) The present or proposed address where the massage establishment is to be conducted and all telephone numbers for the massage establishment. (4) A complete current list of the names and residence addresses of all massage practitioners, aides, trainees and other employees who are or will be employed in the massage establishment if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten calendar days prior to opening for business. (5) The name and residence addresses of the proposed operator or manager who will be principally in charge of the operation of the massage establishment. (6) A description of any other business operated on the same premises as the proposed massage establishment, or within the city or the state that is owned or operated by the owner or operator. (7) The name and address of the owner and lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his or her property. (8) The complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant. (9) The complete massage permit history; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefore. (10) All criminal convictions, including pleas of nolo contendere, within the last ten years including those convictions dismissed or expunged pursuant to Penal Code Section 1203.4, Chapter 118 Page 8 but excluding minor traffic violations, and the date and place of each such conviction and reason therefore. (11) A complete set of fingerprints taken by the police department. The applicant shall be responsible for payment of any fingerprinting fee. (12) Four portrait photographs at least two inches by two inches in size taken within the last month. (13) Authorization for the city, its agents and employees to seek verification of the information contained in the application. (14) Such other identification and information as the Chief of Police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application. (15) A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct. (16) A certificate of compliance from any affected department or agency, including, but not limited to, the city's development services department, building division and the Los Angeles County Health Department, must be submitted prior to the application's final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the Chief of Police does not receive the certificates of compliance within 90 calendar days of the date of filing of the application, said application shall be deemed void. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to the massage establishment permit becoming effective. (F) Every owner, operator and manager shall also provide the following personal information: (1) The full, true name and all aliases used; (2) Date and place of birth, California driver's license, California identification card, social security card and resident alien card, if applicable. (3) The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address; (4) Acceptable written proof that the owner and /or operator is at least 18 years of age; (5) Height, weight, gender and color of hair and eyes; Chapter 118 Page 9 (G) If, during the terns of a permit, the permittee has any change in information submitted on the original or renewal application, the permittee shall notify the police department in writing of any such change within ten business days thereafter. (H) If an owner, operator or manager also desires to act as a massage practitioner or out - call massage practitioner, he or she shall also satisfy the requirements for the respective permit set forth in this chapter. (Ord. 1233, passed 5 =4 -04) § 118.05 OPERATORS AND MANAGERS EXAMINATION REQUIRED. (A) Every operator and manager shall be required to take and pass a written test dealing with the requirements of this chapter to ensure a complete understanding of the owner's, operator's, manager's and employee's respective duties prior to issuance of an operator's permit or before engaging in work at a massage establishment. (B) The Chief of Police shall establish standards and procedures governing administrating, grading and noticing of the examination required by this section. (C) The examination shall consist solely of a written test regarding the rules and regulations for massage establishments and massage practitioners and employees as set forth in this chapter. (D) The examination shall be prepared, conducted and graded by the city, or in its sole discretion, by a competent instructor certified by the Council for Private Post - secondary and Vocational Education pursuant to Education Code § 94311.1. (E) A score of 70% or better is required on each section of the written test, An applicant who fails to pass any section of the examination shall not be eligible to take another examination until 60 calendar days after the previous examination. An applicant who fails to pass upon a second attempt, shall not again be eligible until six months thereafter. Any applicant who has failed to pass the examination after their third attempt shall not be eligible to reapply and take the examination for a period of two years thereafter. If an applicant has three or more sustained municipal code violations during any permit period, the applicant, upon renewal, must retake and pass the written examination designated in this chapter. (F) The examination will be in the English language. In the event the applicant requires that any section of the examination be given in another language, the applicant shall pay any additional fees or costs for a court- certified and Baldwin Park Police Department- approved interpreter to interpret the examination. Proof of valid court certification must be provided to the Chief of Police prior to the administration of any such non - English language examination. (Ord. 1233, passed 5 -4 -04) § 118.06 OPERATOR'S PERMIT: ISSUANCE OR DENIAL Chapter 118 Page 10 (A) Upon receipt of a complete written application for an operator's permit, the Chief of Police shall conduct an investigation to ascertain whether a permit should be issued as requested. The Chief of Police shall, within 60 calendar days of receipt of an application, approve, conditionally approve or deny the application. The 60 -day period may be extended for up to 30 additional calendar days, if necessary, to complete the investigation. The Chief of Police shall issue such permit as requested, unless he or she makes any of the following findings: (1) The applicant has not passed the written examination as required by this chapter. (2) The applicant, or any of the officers or directors of the corporation, a partner or any person directly engaged or employed in the massage establishment, has within eight years preceding the date of the application: .(a) Been convicted of a violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code § 290, or conduct in violation of California Penal Code §§ 266h, 266i, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code §§ 647, 653.22, or convicted of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code §§ 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage. (b) Been convicted of a violation of Health and Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code §§ 11054 through 11058. (c) Been convicted of any offense in any other state that is the equivalent of any of the abovementioned offenses. (d) Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to §§ 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California. (e) Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a pennittee under this chapter, would be grounds for denial, suspension or revocation of the permit. (f j Has had a massage operator or massage practitioner permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked. (g) Has engaged in conduct that would constitute grounds for suspension or revocation under § 118.29 of this chapter. Chapter 118 (3) The owner and /or operator has made a false, misleading or fiaudulent statement or omission of fact to the city in the pen-nit application process. (4) The application does not contain all of the information required by § 118.04. (5) The owner and /or operator is not at least 18 years of age. (6) The massage establishment as proposed does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. (7) The required fee(s) has not been paid and /or all other requirements of this chapter have not been satisfied in the time specified. (B) If the application is denied for failure to comply with division (A)(2) or (3) of this section, the applicant may not reapply for a period of six months fiom the date the application was denied. (C) If the Chief of Police, upon completion of the investigation, determines that the applicant does not fulfill the requirements as set forth in this chapter, the Chief of Police shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in § 118.31. (Ord. 1233, passed 5 -4 -04) § 118.07 OPERATING REQUIREMENTS: GENERAL CONDITIONS. All owners and operators shall comply with the following general conditions and any other conditions specified by the Chief of Police: 11 (A) Except to the extent required, in writing, by a state - licensed medical practitioner, no massage practitioner or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any operator or manager of a massage establishment allow or permit such a massage to the above specified areas. A massage shall not be given and no patron shall be in the presence of a massage practitioner, operator, manager or other employee of a massage establishment unless the patron's genitals, gluteal fold, anus, and, if a female patron, the female patron's breasts, are fully covered by a non - transparent covering. (B) No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his or her permit. (C) All massage establishments required to be licensed under this chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the Chief of Police designating the person or persons with power to act as a manager. The operator and /or on duty manager shall post, on a daily basis, the name and photograph (a minimum size of 4 inches x 6 inches of each on -duty manager and each on -duty practitioner in a conspicuous public place in the lobby of the massage Chapter 118 Page 12 establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter. (D) The operator's perinit shall be displayed in a conspicuous public place in the lobby of the massage establishment. (E) The hours of operation must be posted in the front window and clearly visible fiotn the outside. (F) No massage establishment required to be licensed under this chapter shall open for business without having at least one massage practitioner who holds a current valid massage practitioner's permit for that specific massage establishment. There shall be at least one massage practitioner who holds a current valid massage practitioner's permit on the premises, and on duty, at all times when the establishment is open. (G) The operator and /or manager shall ensure that the massage practitioner permit for each on -duty massage practitioner is conspicuously displayed in a public place in the lobby and that each massage practitioner is wearing the identification required by § 118.19(B) at all times when working in the massage establishment. Such identification shall be provided to a city official upon demand. (H) The operator and /or manager shall ensure that all employees are provided with an identification card that states, at a minimum, the employee's first naive and title and /or position. (I) An operator and /or manager shall be responsible for the conduct of all massage practitioners and employees while they are on the massage establishment premises. Any act or omission of any massage practitioner, employee or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator or manager for purposes of determining whether the operator's license shall be revoked, suspended, denied or renewed. (J) No operator and /or manager shall employ any person as a massage practitioner who does not have a valid massage practitioner permit issued pursuant to this chapter. Every operator or manager shall report to the Chief of Police any change of massage practitioner or employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Chief of Police. The report shall contain the name of the massage practitioner or employee and the date of hire or termination. The report shall be made within five calendar days of the date of hire or termination. The operator or manager shall deliver notice of the termination of any massage practitioner or employee no longer employed by the operator or manager to the Chief of Police within five calendar days of termination. (K) All persons, whether massage practitioner or employee, employed in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, non - transparent material and shall provide complete covering from at least the mid -thigh to at least three inches below the collarbone. Massage practitioners shall wear fully buttoned or otherwise fully fastened opaque smocks over street clothing while perfortning massage services or shall Chapter 118 Page 13 wear employee uniforms that, at a minimum, meet the street clothing specifications set forth in this section and which are approved by the Chief of Police. (L) The operator and /or manager shall maintain a register of all massage practitioner and employees. The employee register shall be maintained on the premises for a minimurn period of two years following a massage practitioner or employee's termination. The operator and /or manager shall make the employee register immediately available for inspection upon demand of a representative of the police department at all reasonable times. The employee register shall include, but not be limited to the following information: (1) The name, nicknames and /or aliases used by an massage practitioner or employee. (2) The massage practitioner or employees home address and relevant phone numbers (including, but not limited to home, cellular and pager numbers). (3) The massage practitioner or employee's age, date of birth, gender, height, weight, color of hair and eyes. (4) The massage practitioner or employee's social security nuinber. (5) The date of employment and termination, if any. (6) The duties of each massage practitioner or employee. (M) The operator and /or manager shall ensure that all massage practitioner's are wearing their police issued identification cards and that all employees are wearing their employer issued identification cards at all times when working in the massage establishment. Such identification shall be provided to a city official upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage practitioner changes his or her business address, he or she shall, prior to such change, obtain from the Chief of Police a new photo identification card and advise the police department, in writing, of the new business address. (N) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. (0) At all times, the operator, manager, massage practitioner and employees shall comply with all provisions of this chapter and any applicable provisions of this code. (P) Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the city clerk, in full force and effect at all times, a policy of insurance issued by an insurance company authorized to do business in the state evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of $1,000,000 for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage, (Ord. 1233, passed 5 -4 -04) Chapter 118 Page 14 § 118.08 OPERATING REQUIREMENTS: FACILITIES. All owners, operators and managers shall comply with the following operating requirement for facilities and any other conditions specified by the Chief of Police: (A) Structure. Massage establishments shall be carried on in a structure that is located in a zoning district that permits such use. When a massage establishment is newly constructed, three sets of plans shall be submitted to the city and the county health care agency for approval and shall be accompanied by the appropriate plan check fee. (B) Signs. Any signs shall be in conformance with the current ordinances of the city. Each operator and /or manager shall post and maintain, adjacent to the main entrance and the front of the business, a readable sign identifying the premises as a massage establishment. A sign, nor the front of the business, shall not be illuminated by strobe or flashing lights. (C) Services list. Each operator and /or manager shall post and maintain a list of services available and the cost of such services in the lobby of the massage establishment in a conspicuous public place and in any other location on the premises as the operator and /or manager deems appropriate. No operator or manager shall permit, and no massage practitioner shall offer or perform, any service other than those posted. (D) Lighting. Minimum lighting for a massage establishment shall be provided in accordance with Article 220 of the National Electric Code or successor provision or provisions. White light illumination shall be activated at all times while the patron is in a massage room. No strobe, or flashing lights shall be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (E) Ventilation. The operator and /or manager shall provide in each massage room, minimum ventilation in accordance with the Section 304.5 of the Uniform Building Code or successor provision or provisions. (F) Toilet facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom wash basin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room. (G) Bathing, dressing and locker facilities. If provided, there shall be a minimum of one shower and one dressing room containing a separate locker capable of being locked for patrons to be served at the massage establishment. The shower facility shall be equipped with soap or detergent and hot and cold running water at all times and shall be located within close proximity to the massage rooms. Bar soaps shall not be used. (H) Separate rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms, dressing and toilet facilities shall be Chapter 118 Page 15 provided for male and female patrons, Each separate facility or room shall be clearly marked as such. (I) Maintenance. Wet and dry heat rooms, stcam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and' disinfected with a disinfectant approved by the county health department, as needed, but at least once each day the premises are open. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized at least on a daily basis when the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be constructed with materials that are smooth and easily cleanable. No carpeting shall be installed in any of these specified areas. (J) Massage tables. A massage table shall be provided in each massage room and all massages shall be performed on the massage table. The tables should have a minimum height of 18 inches. Two -inch thick foam pads with a maximum width of four feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material acceptable to the county health department. Beds, floor mattresses and waterbeds shall not be permitted on the premises. (K) Front door. One front door that enters into the lobby and /or other waiting room shall be provided for customer use. All customers and any other persons other than massage practitioners or employees shall be required to enter and exit through the fi•ont door of the establishment. (Ord. 1233, passed 5 -4 -04) § 118.09 OPERATING REQUIREMENTS: OPERATIONS. All owners, operators and managers shall comply with the following operating requirements and any other conditions specified by the Chief of Police: (A) Equipment. Each operator and /or manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. (B) Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen " and shall have doors or covers, (C) Living quarters prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time. Living quarters, if any, shall be completely separate from the massage establishment. No cooking or food preparation of any kind shall be prepared for sale or sold in the establishment unless ail appropriate food vending permit is granted by the city and the County of Los Angeles and a full service kitchen is installed. Such a kitchen, if any, shall be for the sole use of employees, and shall be installed in an "employees Chapter 118 Paae 16 only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a stove, and sufficient cabinets to store cooking utensils. (D) Alcoholic beverages /drugs. No person shall enter, be in or on, or remain in or on, any part of a massage establishment while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The operator and /or manager shall be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcoholic beverages shall not be permitted. (E) Lotions and oils.. All lotions, ails, liniment, antiseptic, powder, cream, ointment or other similar preparations commonly used in massage establishments as supplementary aids for massage shall be maintained in hygienic and properly labeled containers. (F) Adult - oriented merchandise prohibited. The use or possession of adult - oriented merchandise in or on any part of a massage establishment is expressly prohibited. (G) Recordings. No electrical, mechanical or artificial device shall be used by the operator and /or manager, massage practitioner or any employee of the massage establishment for audio and /or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge and written consent of the patron. (H) Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings of a minimum size of 30 inches x 60 inches, capable of covering the patrons' specified anatomical areas, including, but not limited to, the genital area, anus and female breasts. No common use of such coverings shall be permitted and re -use is specifically prohibited unless adequately cleaned prior to its re- use. (1) Records. Every operator and /or manager shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of practitioner administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the operator and /or manager to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter or emergency personnel for emergency purposes and for no other purpose. The police department may periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this chapter, or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor. (.l) Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 8:00 a.m. and 10;00 p.m. The operator and /or manager must advise the city, in writing, at the time of submission of the application for a massage establishment permit of the hours of operation within the times set forth above. The Chapter 118 Page 17 operator and /or manager shall notify the city, in writing, at least 30 calendar days prior to the date of the effective change, of any changes in the hours of operation. No person shall operate a massage establishment or administer a massage in any massage establishment or administer a massage pursuant to an off premises massage permit between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. (K) Advertising. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in this chapter and posted on the premises as required by this chapter, nor shall any massage establishment or out -call massage service employ language in the text of any advertising that would reasonably suggest to a prospective patron that any service is available other than those services described in this chapter and posted on the premises as required by this chapter. (L) Handicapped areas. All massage establishments must comply with all state and federal laws and regulations for handicapped customers. (M) Compliance. Proof of compliance with all applicable provisions of this Code shall be provided. (N) Doors. All exterior doors (except back or rear exterior doors used only. for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours. All interior doors, including, but not limited to, all doors leading to customer areas, the front reception, hallway or front exterior doors, shall not have any locking mechanisms. A door leading from the lobby area to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry in any manner. (0) Massage and dressing room doors. All massage and dressing rooms shall be screened off by curtains, draw drapes, or doors that are mounted in compliance with the building code. No massage may be given within any massage room within a massage establishment that is fitted with a door capable of being locked. (P) Access. No person(s) other than the owner, operator, operator's employees, holders of valid massage practitioner permits issued pursuant to this chapter and customers will be allowed beyond the front lobby, which lobby shall be located directly inside the fiont door entrance, during the hours of operation. Any other person(s) found beyond the first interior door leading to the inside of the business including, but not limited to, hallways, massage rooms, reception /business offices or lounge area will be in violation of this section. Entry doors to any room shall not be obstructed by any means. Chapter 118 Page 18 (Q) Discrimination. No massage establishment may discriminate or exclude patrons on the basis of the race, sex, religion, age or handicap. (R) Notices. The Chief of Police shall require that the following notice be posted in the event that any massage practitioner or employee of the massage establislunent or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or by a state court, to have violated any of the offenses that would be grounds for denial under §§ 118.06 or 118.18: NOTICE TO ALL PATRONS THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE BALDWIN PARK POLICE DEPARTMENT WITHOUT PRIOR NOTICE. (1) The Chief of Police shall provide the language for said notice set forth above. Every owner, operator and /or manager required to post such notice shall be required to pay for the cost of any and all notices required by this section. (2) The notice shall be conspicuously posted in a location within the massage establishment that is easily visible to any person entering the premises and in each massage room. The notices shall be posted for 12 months following the violation of any of the offenses set forth above. (Ord. 1233, passed 5 -4 -04) § 118.10 INSPECTIONS. (A) The Police Chief and the County Health Department, or their authorized representatives, shall have the right to enter the massage establishment at any time during business hours for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter. During an inspection, the police department may also verify the identity of all employees. (B) The city's building and safety, fire department, police department and the county health department may, fiom time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this chapter, state law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the Chief of Police. The police department may inspect the occupied massage rooms for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in § 119.09(R) that would require the posting of the "Notice to All Patrons ". (C) Inspections of the massage establishment shall be conducted during business hours. (D) An operator, manager, their agents, servants, massage practitioner or employee commits a punishable offense if he or she refuses to permit, delays or interferes with a lawful Chapter 118 Page 19 inspection of the premises by a representative of the police department at any time it is occupied or open for business. (Ord.. 1233, passed 5 -4 -04) § 118.11 OPERATOR'S PERMIT: NON- ASSIGNABILITY. No operator's permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void except as hereinafter set forth. (Ord. 1233, passed 5 -4 -04) § 118.12 CHANGE IN OWNERSHIP OF BUSINESS. (A) If the permittee is a partnership and one or more of the partners should die, one or -more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such perinit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the narne of the surviving partners. One or more proposed partners in a partnership granted a permit hereunder may make application to the Chief of Police, together with the fee established by the City Council, to amend the original application providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. (B) If the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the Chief of Police, together with a fee established by the City Council, an application to arnend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur. (Ord. 1233, passed 5 -4 -04) § 118.13 CHANGE IN LOCATION OR NAME. (A) Every operator and /or manager shall report immediately to the police department any and all changes of name or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage establishment. The Chief of Police may approve a change of location of the massage establishment provided there is compliance with all applicable regulations of the city. Chapter 118 Page 20 (B) No permittee shall operate, conduct, manage, engage in, or carry on the business of a massage establishment under any name other than the person's name and the name of the massage establishment specified in the permit. (C) Any application for an extension or expansion of a building or other place of business of a massage establishment shall require inspection(s) and shall comply with the provisions and regulations of this chapter and all other city ordinances including, but not limited to, zoning ordinances and building, safety and occupancy standards. (Ord. 1233, passed 5 -4 -04) § 118.14 APPLICABILITY TO EXISTING MASSAGE ESTABLISHMENTS. (A) Commencing on the effective date of the ordinance codified in this chapter, all permits for a massage establishment are to be issued in accordance with the provisions of this chapter. (B) The provisions of this chapter shall be applicable to all persons and businesses described herein whether the described activities were established before or after the effective date of this chapter, except that massage establishments legally in business prior to the effective date hereof shall have six months or until the expiration of their current business license, whichever is greater, to comply with the terms hereof. (Ord. 1233, passed 5 -4 -04) § 118.15 MASSAGE PRACTITIONERS: PERMIT REQUIRED. No person shall perform or administer a massage, or advertise to provide massage services in the city, unless such person has in effect a valid massage practitioner permit issued pursuant to § 118.18 of this chapter. Each massage practitioner permit holder shall be issued a photo identification badge and a massage practitioner permit. The perrnit holder shall wear the identification badge on his or her person at all times when working in the massage establishment and shall ensure that the massage practitioner permit is displayed in a conspicuous place in the lobby during business hours. Each permit holder shall immediately surrender to the Chief of Police any identification badge and massage practitioner permit issued by the city upon the suspension, revocation, or expiration of such permit. (Ord. 1233, passed 5 -4 -04) § 118.16 MASSAGE PRACTITIONERS: PERMIT APPLICATION. (A) Any person desiring to obtain a massage practitioner permit shall file a written application under penalty of perjury on the required form with the Chief of Police who shall conduct an investigation. The application shall be accompanied by a nonrefundable filing fee established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter. 118 Page 21 (B) The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this Code or ordinance hereafter adopted. (C) The application for a massage practitioner permit shall contain or be accompanied by the following information: (1) A statement of the exact location at which the applicant will be working as a massage practitioner, including the full street address and all telephone numbers associated with said location. In the event the applicant seeks to conduct out -call massage services not listed in the original application, an additional application and fee must be submitted. (2) The applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, a massage practitioner license or similar type of business history and experience of the applicant; (3) The complete massage practitioner permit history of the applicant; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever surrendered a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefore; (4) All criminal convictions, including pleas of nolo contendere, within the last ten years including those dismissed or expunged pursuant to Penal Code § 1203,4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefore; (S) A complete set of fingerprints taken by the police department. The applicant shall be responsible for payment of any fingerprinting fee. (6) Four portrait photographs of the applicant at least two inches by two inches in size taken within the last month. (7) A certificate from a medical doctor licensed to practice in the state stating that the applicant has, within at least 30 calendar days immediately preceding the date of application, been examined and found to be free of any contagious or communicable disease. (8) Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application. (9) Authorization for the city, its agents and employees to seek verification of the information contained in the application, Chapter 118 Page 22 (10) A statement in writing, and dated, by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct. (D) Each applicant shall also provide the following personal information concerning the applicant: (1) The full, truce name and all aliases used by the applicant; (2) Date and place of birth, California driver's license or California identification card, social security card and resident alien card, if applicable. (3) The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address; (4) Acceptable written proof that the applicant is at least 18 years of age; (5) Height, weight, color of hair, eyes and gender. (E) If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the police department of such change within ten business days thereafter, in writing. (F) In addition to the above information, each applicant must also furnish: (1) An original or certified copy of a diploma or certificate and certified transcript of graduation from a recognized school of massage; and (2) Either one of the following documents: (a) Proof of passage of an independently prepared and administered national certification exam which has been recognized by objective standards to fairly evaluate professional levels of skill, safety and competence as determined by a qualified massage association; or (b) Proof of membership or the ability to obtain membership in a qualified massage association. (G) The applicant must also supply a course description, an outline of material covered, and a letter to the city from the school administrator verifying completion. (H) The applicant must also supply an original, valid state CPR certificate. (I) Any outside course of study submitted for approval shall meet the State of California's Office of Post- secondary Education's minimum requirements and shall be for a minimum of completion of 500 hours of on- premises training. 118 (Ord. 1233, passed 5 -4 -04) Paae 23 § 118.17 MASSAGE PRACTITIONERS: WRITTEN EXAMINATION REQUIRED. (A) Every massage practitioner shall be required to take and pass a written test prior to issuance of a massage practitioner's permit and before engaging in work at a massage establishment. (B) The Chief of Police shall establish standards and procedures governing administrating, grading and noticing of the examination required by this section. (C) The Chief of Police, in his sole discretion, may accept an applicant's passing written test results, or equivalent thereof, from another city in lieu of the applicant taking the written test required by this section. Notwithstanding that such test results may be accepted by the Chief of Police, an applicant shall still be required to comply with all other requirements of this chapter. (D) The written test required by this section shall test the competency and ability of the applicant to engage in the practice of massage, including, but not limited to, the applicant's knowledge of the following basic subjects: anatomy, physiology, ethics, hygiene, the practice and theory of massage, as massage is defined in this code, and CPR. The test shall also test the applicant's knowledge of the rules and regulations set forth in this chapter to ensure a complete understanding of the massage practitioner's duties established herein. (E) The examination shall be prepared, conducted and graded by the city, or in its sole discretion, by a competent instructor certified by the Council for Private Post - secondary and Vocational Education pursuant to Education Code § 94311.1. (P) A score of 70% or better is required on each section of the written test. An applicant who fails to pass any section of the examination shall not be eligible to take another examination until 60 calendar days after the previous examination. An applicant, who fails to pass upon a second attempt, shall not again be eligible until six months thereafter. Any applicant who has failed to pass the examination after their third attempt shall not be eligible to reapply and take the examination for a period of two years thereafter. If an applicant has three or more sustained municipal code violations during any permit period, the applicant, upon renewal, must retake and pass the written examination designated in this chapter. (G) The examination will be in the English language. In the event the applicant requires that any section of the examination be given in another language, the applicant shall pay any additional fees or costs for a court - certified and Baldwin Park Police Department- approved interpreter to interpret the examination. Proof of valid court certification must be provided to the Chief of Police prior to the administration of any such non - English language examination. (H) An identification number shall be issued to all applicants sitting for an examination. Within seven calendar days of the completion of a scheduled examination, a pass /fail score, listed by identification number, shall be posted on the first floor of city hall on the public notice board for a period of 30 calendar days. All test scores are final and not subject to appeal. Chapter 118 Page 24 (Ord. 1233, passed 5 -4 -04) § 118.18 MASSAGE PRACTITIONERS: ISSUANCE AND DENIAL. (A) Upon receipt of a written application for a massage practitioner's permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall approve, conditionally approve or deny the application within 60 calendar days of the fling of an application. The 60 -day period may be continued for an additional 30 calendar days if necessary to complete the investigation. The Chief of Police shall issue such permit as requested, unless he or she makes any of the following findings: (1) The applicant has not passed every section of the practical and written examination as required by this chapter. (2) The applicant has within ten years preceding the date of the application been convicted of any of the following: (a) A violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code § 290, or conduct in violation of California Penal Code §§ 266h, 266i, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code §§ 647, 653.22, or convicted of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, moral turpitude or an act of violence or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code §§ 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage. (b) A violation of Health and Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054 through 11058; or (c) Any offense in any other state that is the equivalent of any of the above - mentioned offenses. (3) That the applicant has committed an act in another jurisdiction that, if committed in this state, would have been a violation of law and, which, if done by a perrnittee under this chapter, would be grounds for denial, suspension or revocation of the permit. (4) That the applicant has engaged in conduct which would constitute grounds for suspension or revocation under § 118.29 of this chapter. (5) The applicant has had a massage operator or massage practitioner permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked within eight years prior to the date of the application. Chapter 118 Page 25 (6) The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process. (7) The application does not contain the information required by § 11.8.16. (8) The applicant is not at least 18 years of age. (9) The applicant has not paid the required fee(s) and /or satisfied all other requirements of this chapter in the time specified. (B) If the application is denied for failure to comply with divisions (A)(5) or (A)(6) of this section, the applicant may not reapply for a period of six months from the date the application was denied. (C) If the Chief of Police, upon completion of the investigation, determines that the applicant does not fulfill the requirements as set forth in this chapter, the Chief of Police shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in § 118.31. (Ord. 1233, passed 5 -4 -04) § 118.19 MASSAGE PRACTITIONERS: GENERAL CONDITIONS. All massage practitioners shall comply with the following conditions and any other conditions specified by the Chief of Police on issuance of the massage practitioner's permit: (A) Except to the extent required, in writing, by a state - licensed medical practitioner, no massage practitioner shall massage or allow a massage practitioner aide, or employee to massage the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron. Nor shall any massage practitioner, massage practitioner aide or employee solicit or allow a patron to touch or massage in any manner the genitals, gluteal fold, or anal area of a massage practitioner, massage practitioner aide or employee, or the breasts of any female massage practitioner, massage practitioner aide or employee. A massage shall not be given and no patron shall be in the presence of a massage practitioner, massage practitioner aide, operator, manager or other employee of a massage establishment unless the patron's genitals, gluteal fold, anus, and, if a female patron, the female patron's breasts, are fully covered by a non - transparent covering. (B) The massage practitioner shall wear on their person a photo identification card prepared and issued by the city at all times when present in the massage establishment. Such identification shall be provided to the Chief of Police upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage practitioner changes his or her business address, he or she shall, prior to such change, obtain from the Chief of Police a new photo identification card and advise the police department, in writing, of the new business address. Chapter 118 Page 26 (C) Massage practitioners shall not perform any massage at any location other than the location specified on the permit, unless performing an out -call massage pursuant to a separate permit. (D) While on duty, the massage practitioner shall not use any name or designation or conduct business under any other name or designation than the name specified in his or her permit and photo identification card. (E) Massage attendants shall be fully clothed at all times, Clothing shall be of a fully opaque, non- transparent material and provide complete covering from at least the mid -thigh to at least three inches below the collarbone. Massage practitioners shall wear fully buttoned or otherwise fully fastened opaque smock over street clothing while performing massage services or shall wear employee uniforms that, at a minimum., meet the street clothing specifications set forth in this section and which are approved by the Chief of Police. (F) A massage practitioner shall consent to, and shall not prevent, delay or interfere with an inspection of the massage establishment by the city's development services, fire department, police department and the health department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage practitioner shall consent to the inspection of the occupied massage rooms by the police department for the purpose of determining that the provisions of this chapter are met. (Ord. 1233, passed 5 -4 -04) § 118.20 MASSAGE PRACTITIONERS: NON- ASSIGNABILITY. No massage practitioner permit may be sold, transferred or assigned by a permittee, or any operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void. (Ord. 1233, passed 5 -4 -04) § 118.21 MASSAGE PRACTITIONER: ADDITIONAL OR CHANGE IN LOCATIONS. In the event a massage practitioner currently licensed by the city seeks employment at a massage establishment in addition to or different from the establishment indicated on the original application, the permittee shall notify the city in writing within ten calendar days from the date the permittee is employed by the establishment where the permittee is to provide massage services. No additional fee shall be required. (Ord. 1233, passed 5 -4 -04) § 118.22 APPLICABILITY TO EXISTING MASSAGE PRACTITIONERS. Chapter 118 Page 27 (A) Commencing on the effective date of the ordinance codified in this chapter, all permits for a massage practitioner are to be issued in accordance with the provisions of this chapter. (B) The provisions of this chapter shall be applicable to all persons and businesses described herein whether the described activities were established before or after the effective date of this article, except that massage practitioners legally permitted to do business in the city prior to the effective date hereof shall have six months or until the expiration of their current permit, whichever is greater, to comply with the terms hereof. (Ord. 1233, passed 5 -4 -04) § 118.23 OUT -CALL MASSAGE PERMIT. It shall be unlawful for any massage establishment or massage practitioner to provide, or to offer to provide, massage at any location except at the place of business approved in the permit for a massage establishment or massage practitioner; provided, however, that a massage establishment or massage practitioner may obtain a special endorsement to their respective permit specifically authorizing out -call massage services. (Ord. 1233, passed 5 -4 -04) § 118.24 OUT -CALL MASSAGE PERMIT APPLICATION. (A) Any massage establishment or massage practitioner desiring to provide out -call massage services shall submit to the Chief of Police an application to provide out -call massage services within the city. The application shall be accompanied by a nonrefundable filing fee established by separate resolution of the city council to help defray the cost of the investigation required by this chapter. In addition to the requirement herein pertaining to an operator's permit and /or massage practitioner permit application, the applicant shall also submit detailed information, on the form provided by the police department, setting forth the manner and means of transporting, to and from the premises where out -call massage services are to be performed; clean, sanitary towels, coverings, linens and sterilized instruments to be utilized, as well as any supplementary aids, equipment or devices to be utilized and the method(s) of disposal thereof. (B) The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this code or ordinance hereafter adopted. (Ord. 1233, passed 5 -4 -04) § 118.25 OUT -CALL MASSAGE PERMIT: ISSUANCE AND DENIAL. Upon receipt of a complete written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall approve, conditionally approve or deny the application within 60 calendar days of the filing of an application. The 60 -day period may be continued for an additional 30 calendar Chapter 118 Paqe 28 days if necessary to complete the investigation. The Chief of Police shall issue such permit as requested, unless he or she makes any of the findings as set forth in § 118.18 of this chapter. (Ord. 1233, passed 5 -4 -04) § 118.26 OUT -CALL MASSAGE RECORDS REQUIRED. All massage practitioners authorized to perform out -call massage services hereunder shall keep a separate written record, at the massage practitioner's principal place of business, of all out -call massage services performed. The record shall include, but not be limited to the dates and hours of each treatment or service, the full name and complete address of the patron, the name of practitioner administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the out -call massage practitioner to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any out -call massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter or emergency personnel for emergency purposes and for no other purpose. The Police Department may periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this chapter, or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor. (Ord. 1233, passed 5 -4 -04) § 118.27 OUT -CALL MASSAGE PERMIT: NON - ASSIGNABILITY. No out- -call massage permit may be sold, transferred or assigned by a permittee, or any operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void. (Ord. 1233, passed 5 -4 -04) § 118.28 PERMIT: TERM AND RENEWAL. (A) Permits for massage establishments, massage practitioners and out -call massage shall be for a period of one year, unless sooner revoked as set forth in this chapter. (B) No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators and practitioners subject to this chapter shall comply with the provisions of this chapter and as they may be amended hereafter. (C) Applications for the renewal of a permit shall be filed with the Chief of Police at least 60 calendar days before the expiration of then - current permit. Temporary permits will not be Chapter 118 Page 29 issued. Any permittee allowing his or her permit to lapse or which pen-nit expires during a suspension shall be required to submit an new application and pay the corresponding original application fees. (D) Any person desiring to obtain a renewal of his or her respective permit shall file a written application under penalty of perjury on the required form with the Chief of Police who shall conduct an investigation. The application shall be accompanied by a nonrefundable filing fee established by separate resolution of the city council to help defray the cost of the investigation required by this chapter. An applicant shall be required to update the information contained in his /her original permit application and provide any new and /or additional information as may be reasonably required by the Chief of Police in order to determine whether said permit should be renewed. (E) A massage practitioner permittee shall also be required to submit with his or her renewal application the following documents: (1) A certificate, under penalty of perjury, from a medical doctor licensed to practice in the state stating that the applicant has, within at least 30 calendar days immediately preceding the date of application, been examined and found to be free of any contagious or communicable disease. (2) Proof that the applicant, has within four years immediately preceding the date of filing an application for renewal, passed the written examination described in § 118.17 or submits proof of completion of at least 50 hours of continuing education courses in massage from a recognized school of massage or a qualified massage association. A maximum of eight hours may be applied toward the 50 hours of continuing education required by this section for obtaining the state CPR certificate required by § 118.16(H). (3) Failure to provide the above documents shall be grounds for non - renewal of the massage practitioner's permit. (F) The Chief of Police shall have 60 calendar days to investigate the renewal application and shall render a decision within said 60 calendar days, but no later than the date of expiration of the permit. (Ord. 1233, passed 5 -4 -04) § 118,29 SUSPENSION, REVOCATION, DENIAL AND APPEAL. (A) Violation and noncompliance. Failure of a permittee to comply with any requirement imposed by this chapter or any other conditions imposed pursuant to the permit shall be grounds for non - renewal, suspension or revocation of the permit. (1) A violation of any of the provisions of this chapter, or if an operator or manager has been convicted of any law specified in § 118,06(A). Chapter 118 Page 30 (2) The Chief of Police makes any of the findings necessary to deny a permit under § 118.06. (3) If there have been repeated violations of the provisions of this chapter which requires ongoing supervision or action by law enforcement officers which demonstrates that the operator and/or manager is unable to operate or manage the massage establishment in a law abiding manner. (B) Suspension, non - renewal or revocation of massage practitioner or out -call massage permit. The Chief of Police may suspend, revoke or refuse to renew a massage practitioner or out -call massage permit if any of the following conditions exists: (1) A violation of any of the provisions of this chapter, or if a massage practitioner has been convicted of any law specified in § 118.18(A). (2) The Chief of Police makes any of the findings necessary to deny a permit under § 118.18. (Ord. 1233, passed 5 -4 -04) § 118.30 NOTICE. When the Chief of Police concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, the Chief of Police shall serve the applicant or permit holder, either personally or by certified mail addressed to the address listed on the application, with a notice of denial, non - renewal or notice of intent to suspend or revoke a permit (the "notice "). This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to the Chief Executive Officer and that the Chief of Police's decision will be final if no appeal is filed within the time stated. (Ord. 1233, passed 5 -4 -04) § 118.31 APPEAL. (A) The right to appeal to the Chief Executive Officer shall terminate upon the expiration of 15 calendar days from the date service of the above notice. The appeal shall be personally delivered to or sent by certified mail to the office of the City Clerk. The time for filing an appeal shall begin fi•om the date of personal service or the date of acknowledgment on the certified mail of the above notice. (B) In the event an appeal is timely filed, the suspension or revocation shall not become effective until a final decision has been rendered by the Chief Executive Officer. If no appeal is filed, the suspension or revocation shall become effective upon the expiration of the period for filing an appeal. Chanter 118 Page 31 (C) The Chief Executive Officer shall set a date, time and place for a hearing on appeal and shall notify the appellant of such date, time and place of the hearing. Said notice shall be sent by certified mail with proof of service attached, to the appellant, applicant or pennittee at least ten calendar days prior to the date of the hearing, addressed to the address listed on the respective application or, the address given in the notice of appeal. The appellant, applicant or permittee shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the notice was based and will have the opportunity to present contrary evidence at the hearing. (D) The Chief Executive Officer, in his sole discretion, may grant or deny a request for a continuance. (E) The Chief Executive Officer shall preside over the hearing on appeal or, in the alternative, the Chief Executive Officer may appoint a hearing officer to conduct the hearing and receive relevant evidence. The Chief Executive Officer or his designee shall render a written decision within 45 calendar days from the date of the hearing. The decision of the Chief Executive Officer or his designee shall be final. (F) The following rules and evidence shall apply at the hearing; (1) Oral evidence shall be taken only under oath or affirmation. The Chief Executive Officer or designee shall have authority to administer oaths, and to receive and rule on admissibility of evidence. (2) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross- examine opposing witnesses who have testified under direct examination. The Chief Executive Officer or his or her designee may also call and examine any witness. (3) Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule that might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded. (Ord. 1233, passed 5-4 -04) § 118.32 NEW APPLICATION AFTER DENIAL OR REVOCATION OF PERMIT. A person may not apply for a permit pursuant to this chapter within one year from the denial or revocation of such permit. 118 (Ord. 1233, passed 5 -4 -04) § 118.33 SURRENDER OF PERMIT. Page 32 Any person to whom a permit has been issued pursuant to this chapter shall immediately surrender his or her permit to the Chief of Police upon its suspension or revocation. (Ord. 1233, passed 5 -4 -04) § 118.34 FEES. The City Council shall establish by resolution, and fi•om time to time may amend, the fees for the administration of this chapter. The city shall include in this resolution a health services fee schedule prescribing annual fees to be paid by the operator of each massage establishment, such fees to be paid directly to the Los Angeles County Health Department and retained by the county as reimbursement for said services related to this chapter. Fees required by this chapter shall be in addition to any other fees that may be required under any other chapter of this code. (Ord. 1233, passed 5 -4 -04) § 118.35 VIOLATION AND PENALTY. (A) Any person who violates any provision of this chapter is guilty of a misdemeanor. (B) Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person fiom operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (C) The penalties set forth herein, including, but not limited to, the requirement for posting the notice described in § 118.09(R), are cumulative and in addition to all other remedies, violations and penalties set forth in this chapter, or in any other ordinances, laws, rules or regulations of the city, the county and the state. (Ord. 1233, passed 5 -4 -04) CITY COUNCIL AGENDA ra JAN - 6 �QE� ITEM NO. BALDWIN CITY OF BALDWIN PARK STAFF REPORT P , A , R - K TO: Honorable Mayor and Members of the City Counci FROM: Edwin "William" Galvez, Director of Public Works DATE: January 6, 2010 SUBJECT: PUBLIC HEARING FOR PROPOSED INSTALLATION OF STOP SIGN CONTROLS ALONG BARNES AVENUE AT SALISBURY STREET AND CHELSFIELD STREET PURPOSE The purpose of this report is to provide the City Council with the justifications and the procedure for the Public Hearing to install vehicle stop sign controls proposed at two intersections. DISCUSSION The following two residential intersections are justified for the installation of stop sign controls. The intersections are: 1. Barnes Avenue and Salisbury Street 2. Barnes Avenue and Chelsfield Street These two intersections are currently uncontrolled. This means that vehicles traveling on the collector street (Barnes Avenue) may assume to have the right -of -way while vehicles from a minor residential roadways (Salisbury and Chelsfield) must yield as they approach the intersection from either direction. However, there is no signage for drivers on the minor street to indicate they must yield to drivers traveling on the collector street. These two intersections have no existing stop controls or yield signs. Per the California Vehicle Code, Section 21354 — Stop signs on Local Highways, and the Manual of Uniform Traffic Control Devices (MUTCD), the local authority (City of Baldwin Park) may designate a highway as a "through highway" and therefore the may erect stop signs at entrances thereto. Public Hearing for Stop Sign Installation at Two Intersections January 6, 2010 Page 2 of 2 Therefore it is staff's recommendation that Barnes Avenue be designated as the `through' or `collector street,' and that Salisbury & Chelsfield be designated as the 'minor street,' and that these two `minor' streets be controlled by two -way stop controls as these roadways enter the intersections. No other warrants need to be fulfilled for this recommendation. A public hearing notice was published in the San Gabriel Valley Tribune on December 23, 2009 and posted at public buildings informing interested residents that of the recommended stop sign locations. City Staff will initiate, through the City -Wide Traffic Master Plan, an audit covering the City to identify and eliminate any uncontrolled intersections throughout the City. FISCAL IMPACT There is no impact on the General Fund. All stop sign installations will be done by staff under the existing operations budget. The approximate cost of $500 for each 'stop' location will be absorbed in the current Public Works budget which has sufficient Gas Tax funds for these improvements. RECOMMENDATION Staff recommends that the City Council: 1. Hold a Public Hearing; and 2. After considering testimony, authorize staff to proceed with the installation of stop sign controls at the proposed two locations. ATTACHMENT California Vehicle Code Section 21354 & MUTCD Section 26.05 STOP Sign Applications ATTACHMENT California Vehicle Code Section 21354 21354. Subject to the provisions of Section 21353, a local authority may designate any highway under its jurisdiction as a through highway and may erect stop signs at entrances thereto or may designate any intersection under its exclusive jurisdiction as a stop intersection and erect stop signs at one or more entrances thereto. Section 213.05 STOP Sign Applications Guidance: STOP signs should be used if engineering judgment indicates that one or more of the following conditions exist: A. Intersection of a less important road with a main road where application of the normal right -of -way rule would not be expected to provide reasonable compliance with the law; B. Street entering a through highway or street; C. Unsignalized intersection in a signalized area; and /or D. High speeds, restricted view, or crash records indicate a need for control by the STOP sign. Standard: Because the potential for conflicting commands could create driver confusion, STOP signs shall not be installed at intersections where traffic control signals are installed and operating except as noted in Section 460.01. Portable or part-time STOP signs shall not be used except for emergency and temporary traffic control zone purposes. Guidance: STOP signs should not be used for speed control. STOP signs should be installed in a manner that minimizes the numbers of vehicles having to stop. At intersections where a full stop is not necessary at all times, consideration should be given to using less restrictive measures such as YIELD signs (see Section 26.08). Once the decision has been made to install two -way stop control, the decision regarding the appropriate street to stop should be based on engineering judgment. In most cases, the street carrying the lowest volume of traffic should be stopped. A STOP sign should not be installed on the major street unless justified by a traffic engineering study. Support: The following are considerations that might influence the decision regarding the appropriate street upon which to install a STOP sign where two streets with relatively equal volumes and /or characteristics intersect: A. Stopping the direction that conflicts the most with established pedestrian crossing activity or school walking routes; B. Stopping the direction that has obscured vision, dips, or bumps that already require drivers to use lower operating speeds; C. Stopping the direction that has the longest distance of uninterrupted flow approaching the intersection; and D. Stopping the direction that has the best sight distance to conflicting traffic. The use of the STOP sign at highway - railroad grade crossings is described in Section 88.08. The use of the STOP sign at highway -light rail transit grade crossings is described in Section 10C.04. TO: Honorable Mayor and Members of tl FROM: Laura M. Nieto, CMC, Deputy City C DATE: January 6, 2010 CITY COUNCIL AGENDA STAFF REPORT SUBJECT: RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN -HOUSE COMMITTEES PI IRPORF This report requests that the City Council designate representatives and alternates as official representatives of the City and to review and appoint members to the established in -house committees. BACKGROUND Traditionally, every year following the reorganization of the City Council, the Council is requested to designate members as representatives and alternates on certain committees and organizations. Additionally, in -house committee appointments are included with this report for review and consideration of amendments. RECOMMENDATION Staff recommends City Council: 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations and adopt Resolution No. 2010 -001 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY" and 2) review Committee in -house appointments and appoint members as representatives to the established committees. Attachment: • Resolution No. 2010 -010 • In -House Committee Roster RESOLUTION NO. 2010 -001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY The City Council of the City of Baldwin Park, California, does hereby resolve as follows: WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2008 -072 adopted January 7, 2009 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held on the 2n" Wednesday of the month; various locations Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4T" Wednesday, 9:30 p.m., District Office Existing Appointees New Appointees Representative: Mayor Pro Tern Pacheco *Mayor Lozano Alternate: Mayor Lozano Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4T" Wednesday, 9:30 p.m., District Office "Appointment of Mayor requirea ey Sanitation uistrict Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 18t Thursday, 7:00 p.m., Metropolitan Water District — Courtyard Cafe, 1st Floor Existing Appointees New Appointees Representative: Mayor. Lozano *Mayor Lozano Alternate: Council member Monica Garcia "Appointment of Mayor requirea ey Sanitation uistrict Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 18t Thursday, 7:00 p.m., Metropolitan Water District — Courtyard Cafe, 1st Floor Existing Appointees New Appointees Representative: Councilmember Monica Garcia Alternate: Councilmember Marlen Garcia Resolution No. 2010 -001 Page 2 Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" Director's Meeting — Yd Thursday, Various times /locations Section 5. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership — 3rd Thursday, 8:30 a.m., Glendora Existing Appointees New Appointees Representative: Chief of Police Lili Hadsell *Mayor Lozano Alternate: Mayor Manuel Lozano Section 5. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership — 3rd Thursday, 8:30 a.m., Glendora Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2nd Thursday of each month at various locations Existing Appointees New Appointees Representative: Councilmember Marlen Garcia *Mayor Lozano Alternate: Chief of Police Lili Hadsell Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2nd Thursday of each month at various locations Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As needed; various times /locations Existing Appointees New Appointees Representative: Councilmember Marlen Garcia *Mayor Lozano Alternate: Councilmember Monica Garcia Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As needed; various times /locations Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — 1St Thursday of each month in conjunction with the League of California Cities meetings Existing Appointees New Appointees Representative: Mayor Pro Tern Pacheco *Mayor Lozano Alternate: CEO Vijay Sin hal Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — 1St Thursday of each month in conjunction with the League of California Cities meetings *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — 1st Thursday of the month @ 9 am; Headquarters Existing Appointees New Appointees Representative: *Mayor Lozano *Mayor Lozano Alternate: Councilmember Marlen Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — 1st Thursday of the month @ 9 am; Headquarters Existing Appointees New Appointees Representative: Councilmember Monica Garcia Alternate: VACANT Resolution No. 2010 -001 Page 3 Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Cluster meetings held Quarterly at the West Covina Headquarters Executive Board Room Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3 R Thursday, 6:00 p.m., various locations Existing Appointees New Appointees Re resentative: Councilmember Marlen Garcia Alternate: Ma or Lozano Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3 R Thursday, 6:00 p.m., various locations Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2"cl Wednesday, bi- monthly at various locations Existing Appointees New Appointees Re resentative: VACANT Alternate: Councilmember Monica Garcia Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2"cl Wednesday, bi- monthly at various locations Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative members of the San Gabriel Valley Economic Partnership — Quarterly on the 3rd Thursday @ 4:00 p.m., Headquarters Existing Appointees New Appointees Representative: Mayor Pro Tern Pacheco Must be Elected Official Mayor Lozano Alternate: Mayor Manuel Lozano (May be staff member Substitute Alternate: Human Resource Manager (May be staff member Leticia Lara Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative members of the San Gabriel Valley Economic Partnership — Quarterly on the 3rd Thursday @ 4:00 p.m., Headquarters Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative liaisons to the Baldwin Park Chamber of Commerce Existing Appointees New Appointees Representative: Councilmember Marlen Garcia Representative: Mayor Lozano Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative liaisons to the Baldwin Park Chamber of Commerce Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Existing Appointees New Appointees Representative: Mayor Pro Tem Pacheco Representative: Mayor Manuel Lozano Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Resolution No. 2010 -001 Page 4 APPROVED and ADOPTED this day of 2010. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting held by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK 2010 IN-HOUSE COMMITTEES AND REPRESENTATIVES City Council Action: Name of Committee Existing Member New Members Mayor Lozano 'Graffiti Task Force VACANT Councilmember Marlen Garcia In -House Freeway Task Force Councilmember Monica Garcia 2 + 2 + 2 City Council /School Councilmember Monica Garcia Board/Water Board Mayor Lozano Councilmember Marlen Garcia Shopping Center Committee Mayor Lozano Fireworks Committee Councilmember Marlen Garcia Reinstated July 2, 2008 Mayor Lozano Workforce & Career Development Enhancement Councilmember Monica Garcia Committee VACANT *Committee subject to the "BROWN ACT" CITY OF BALDWIN PARK 11 BALDWIN P,A,R•K C11y OUNrII, A,,GENDA ,SAN - 6 a.010 ITEM NO. 7- STAFF REPORT TO: Honorable Mayor and City Councilmembers 0 FROM: Lili Hadsell, Chief of Police DATE: January 6, 2010 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, AND A RESOLUTION BOTH RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS. PURPOSE This report requests the City Council consider introduction of an ordinance amending chapter 91 of the Baldwin Park Municipal Code relating to alarm systems, processing and fees for related permits and fines for false alarms and adopting Resolution 2009029 setting a schedule of fees for issuance of alarm permits and for responses to false alarms. BACKGROUND AND DISCUSSION Chapter 91 of the Baldwin Park Municipal Code sets forth regulations governing robbery and burglary alarm systems. That chapter of the code sets regulations for the establishment of fees, permits requirements, and provides for punishment for violations of provisions of this chapter. That chapter code has not been revised since 1996. Between January 2005 and December 2008, the Baldwin Park Police Department responded to over 7,514 alarm calls. Over 80% of these alarms were false, costing taxpayers thousands of dollars in wasted police officer time power and resources. This high false alarm rate is typical of what all law enforcement agencies experience throughout the United States. Ordinance No. 1329 and Resolution 2009 -029 Staff Report Page 2 of 4 Currently the City of Baldwin Park does not have an established Alarm Company Permit or Alarm User System Permit yearly fee. There is an established Business Alarm Permit fee covering the initial hook up of $25. That fee was established by City Council Resolution 2000 -39. The current false alarm response prevention assessment fee after the third false alarm in one calendar year is $25. This is established by the current Baldwin Park Municipal Code pertaining to Alarm Systems. Of the 18 surrounding municipalities surveyed, 13 have an established alarm permit fee. Those fees range from $10 a year to $70 a year. Of the 18 municipalities, 16 have established false alarm response fees that range from $25 to $500 per response, dependent on the number of false alarm responses per calendar year. The intent of the increased false alarm fees is to encourage alarm system operators and users to properly manage their alarm systems in an effort to reduce the number of false alarms responses needed by the police department. Responses to false alarms may endanger the public by preventing, diverting, or delaying police officers from patrolling a neighborhood; responding to legitimate calls for police service or investigating and solving crimes. Additionally, the costs associated with police responses to false alarms currently being borne by the City confers a private benefit on Alarm Company Operators because the Alarm Company Operators, in effect, pass on the costs and obligations of their businesses to the City. Department staff recently completed a time and motion study to establish rates for processing the Alarm Company and User permits and false alarm response prevention assessment fee due to police officers responses to the false alarms. The processing steps and time for the completion /processing of those services have increased with the added police administrative and operations procedures. The compensation rates for all police employees involved in these services have also increased. The combination of those two rates substantially increases and sets the time and motion rates for those services. The updated time and motion study and current police employee compensation rates establishes a basis for the City Council to consider revising rates for false alarm response prevention assessment fee not to exceed $111.06. That amount would be imposed after the first false alarm response and after every subsequent false alarm response in one calendar year. The study and compensation rates also establish a basis for City Council to consider imposing an Alarm Company Permit and Alarm User Permit yearly fee not to exceed $65.37. Additionally, of the 16 municipalities that have established false alarm assessment fees, 15 have an increased fee after subsequent false alarms that require a police response. Staff recommends the false alarm response fee be incrementally increased after the second false alarm response in one calendar Ordinance No. 1329 and Resolution 2009 -029 Staff Report Page 3 of 4 year by $50 per response. The purpose of this is to encourage alarm system operators and users to properly manage their alarm systems in an effort to reduce the number of false alarms the police department responds to. Also, please note section 91.11 of the proposed municipal code amendments will require alarm company operators to pay the fines for false alarms they maintain and service, rather than have the end users (customers) of those alarms pay those fines. Because many false alarms are the result of an error by the customer, the Council could require those false alarm fines to be paid by the customer. However, because the alarm companies are responsible for obtaining permits for all such alarms and to assist with the efficiency of collection, staff believes the alarm company operator should be required to pay those fines. Those companies could then collect those fines from their customers as they deem appropriate. To provide a reasonable time for alarm companies and users to apply for the required permits after the ordinance becomes effective, applications must be filed on or before April 1, 2010. However, those systems installed before that date can continue in operation during the time the permit application is being processed. The city attorney has reviewed this report as to form and content. FISCAL IMPACT A revenue enhancement to the general fund dependent on the number of Alarm Business Permit and Private Alarm System Permits issued and the amount of permit fees and false alarm response fines recovered. RECOMMENDATION It is recommended the City Council: 1. Adopt Resolution No. 2009 -29 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING FEES RELATED TO ALARM PERMITS AND FINES RELATED TO RESPONSES TO FALSE ALARMS;" and 2. Waive further reading, read by title only and introduce for first reading Ordinance No. 1329 titled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO ALARM SYSTEMS, FALSE ALARMS AND RECOVERING COSTS RELATED TO ISSUANCE OF PERMITS AND RESPONSES TO FALSE ALARMS." Ordinance No. 1329 and Resolution 2009029 Staff Report Page 4 of 4 ATTACHMENTS • Proposed Ordinance No. 1329 • Proposed Resolution No. 2009 -029 RESOLUTION NO. 2009 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING FEES RELATED ALARM PERMITS AND FINES RELATED TO RESPONSES TO FALSE ALARMS WHEREAS, the City Council desires to revise the fee and fine schedules relating to alarm permits and false alarms police related fees as set forth in Resolution No. 2000 -039; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. In accordance with the time and motion study attached hereto as Exhibits A and B and commencing on the effective date of Ordinance No. 1329, the fees for issuing, processing, and renewing permits related to alarms shall be as set forth in Exhibit C, attached hereto. Section 2. Commencing on the effective date of Ordinance No. 3329, the fines for any violation of Chapter 91 of the Baldwin Park Municipal Code shall be at set forth in Exhibit C. Section 3. The fees and fines set forth in this Resolution shall supersede any fees and fines set forth in Resolution No. 2000 -039 or any other Resolution or action of the City Council relating to fees for police services related to alarms permits or responses to false alarms and specifically rescinds any prior fee titled "Business Alarm Permits Initial Hookup." Section 4. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED AND ADOPTED this 6th day of January, 2010. Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, CMC, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on the 6th day of January, 2010 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO, CIVIC DEPUTY CITY CLERK Exhibit "A" Baldwin Park Police Department Alarm Company Permit Fee Processing time for Police Captain: Steps Involved in the review of the Permit Application: Review of application Processing time for Chief of Police: Steps Involved in the review of the Permit Application: Review and approval of application Processing Time for Records Specialist 11: Steps Involved in the processing of Permit Application: Review of application Inputting data into database Compensation Rates Position Hourly Rate & Benefits Chief of Police $120.71 Police Captain $113.20 Records Specialist II $26.66 Calculated @ Hourly Rate for Step 7 Employees 15 minutes 15 minutes 15 minutes Total $121.79 $113.20 $26.66 Time and Motion Rates for Processing Alarm Permit Applications Position Time Chief of Police 15 minutes Police Captain 15 minutes Records Specialist II 15 minutes Pay Rate Cost $120.71 $30.42 $113.20 $28.29 $26.66 $6.66 Total Cost $65.37 All time and motion rates calculated at Pay Rate 160 (for minutes) x Time Exhibit "B" Baldwin Park Police Department Alarm User Permit Fee Processing time for Police Captain: Steps Involved in the review of the Permit Application: Review of application Processing time for Chief of Police: Steps Involved in the review of the Permit Application: Review and approval of application Processing Time for Records Specialist [I: Steps Involved in the processing of Permit Application: Review of application Inputting data into database Compensation Rates Position Hourly Rate & Benefits Chief of Police $120.71 Police Captain $113.20 Records Specialist II $26.66 Calculated @ Hourly Rate for Step 7 Employees 15 minutes 15 minutes 15 minutes Total $121.79 $113.20 $26.66 Time and Motion Rates for Processing Alarm Permit Applications Position Time Chief of Police 15 minutes Police Captain 15 minutes Records Specialist II 15 minutes Pay Rate Cost $120.71 $30.42 $113.20 $28.29 $26.66 $6.66 Total Cost $65.37 All time and motion rates calculated at Pay Rate 160 (for minutes) x Time Exhibit "C" Schedule of Fines and Fees for Alarm Permits and False Alarms Alarm Company Permit Fee Initial Fee $25 $65 $65 Renewal Fee $25 $65 $65 Alarm User Permit Fee Initial Fee $25 $65 $65 Renewal Fee $25 $65 $65 Current Recommended Adopted False Alarm Administrative Fine 1St No Fine No Fine No Fine 2nd No Fine $110 $110 3rd $25 $160 $160 4th $25 $210 $210 5th and over $25 $260 $260 Alarm Company Permit Fee Initial Fee $25 $65 $65 Renewal Fee $25 $65 $65 Alarm User Permit Fee Initial Fee $25 $65 $65 Renewal Fee $25 $65 $65 ORDINANCE NO. 1329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO POLICE RESPONSE TO FALSE ALARMS AND RECOVERING COSTS RELATED TO RESPONSES TO FALSE ALARMS. WHEREAS, the Baldwin Park Police Department (the "BPPD ") annually responds to over 2057 alarms per year, of which approximately 80 percent (80 %) are false; WHEREAS, the BPPD responses to false alarms constitute approximately three percent (3 %) of calls for police service in the City of Baldwin Park; WHEREAS, responses to false alarms thereby may endanger the public by preventing, diverting, or delaying police officers from patrolling a neighborhood; responding to legitimate calls for police service; or investigating and solving crimes; WHEREAS, the costs associated with BPPD responses to false alarms constitute a waste of tax dollars; WHEREAS, the costs associated with police responses to false alarms currently being borne by the City confers a private benefit on Alarm Company Operators because the Alarm Company Operators, in effect, pass on the costs and obligations of their businesses to the City; WHEREAS, the use of tax dollars to cover the costs of responses to false alarms unfairly requires the estimated 75 percent (75 %) of City taxpayers who do not own alarms to subsidize the costs of responses to false alarms to the detriment of their public safety; WHEREAS, certain Alarm Company Operators in the City provide private response services to determine if the alarm activation is false for a fee, but most Alarm Company Operators and alarm owners instead rely on the "free" service provided by the BPPD; WHEREAS, continued BPPD response to false alarm activations is hazardous and unnecessarily puts police officers, citizens; visitors at risk; and WHEREAS, Alarm Company Operators are in a superior position to alarm users to reduce, significantly, the instances of false alarms through proper installation, servicing and maintenance of alarm systems; through education and instruction of alarm users and employees of alarm users. 01067/0010173607.02 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Baldwin Park Municipal Code is hereby amended by adding a new Chapter 91 thereto to read in its entirety as follows: Chapter 91 "ALARM SYSTEMS" § 91.01 Short Title and Purpose. (A) This chapter shall be known as the False Alarm Ordinance and may be cited as such. The purpose of the False Alarm Ordinance is to regulate alarm system users, alarm systems and each Alarm Company Operator in order to minimize the occurrence of false alarm activations within the city. (B) A violation of any provision of this chapter shall be deemed an infraction or a misdemeanor, in the city attorney's discretion; shall be punished as provided in Section 10.99 of this code. A violation of any provision of this Article shall also constitute a nuisance. § 91.02 Definitions. Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter: (A) "Alarm Business Permit" means a permit validly issued pursuant to Section 91.04. (B) "Alarm Company Operator" means any person, individual, partnership, corporation, or other form of association that engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service Intrusion, Property, Burglary, Robbery, Panic Alarms, or other Alarm System located in the city. This includes Alarm Company Operators located outside the city limits and which monitor alarms installed within the city limits. (C) "Alarm System" or "Alarm Device" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an Alarm Company Operator, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm. An Alarm System or Alarm Device may consist of one or more components (e.g. motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an Alarm Company Operator via telephonic, wireless, electronic, video, or other form of message. Non - Monitored Alarm Systems are also included in this definition. (D) "Alarm System User" means the Person having or maintaining a Property, Intrusion, Burglary, Robbery, Panic, or other Alarm System. (E) "Alarm System User Permit" means a permit validly issued pursuant to Section 91.055. (F) "Burglary Alarm" see "Property Alarm." (G) "Chief of Police" means the Chief of the Baldwin Park Police Department, or her or his designee. (H) "Director" shall mean the Chief of Police or her or his designee or a vendor approved by the City Council. (1) "False Alarm" means the reporting of the activation of any Monitored or Non - Monitored Alarm System or Private Alarm System where police arrive at the Premises and determine there is no evidence of intrusion, commission of an unlawful act, or emergency on the Premises that would warrant a call for police assistance or investigation. An alarm shall be presumed to be false if the responding police do not locate evidence of intrusion, commission of an unlawful act, or emergency on the Premises that might have caused the alarm to sound. When responding police find unsecured doors or windows where there is no evidence of forced entry or other evidence of criminal intent, the alarm is presumed to be false. This definition includes signals activated by negligence, accident, mechanical failure, electrical failure signals activated intentionally in non - emergency situations and signals for which the actual cause is unknown. An alarm is not false if the Alarm System User, Alarm Company Operator or person operating or maintaining a Private Alarm System proves: (1) An individual activated the alarm based on a reasonable belief an emergency or actual or threatened criminal activity requiring immediate response existed; or (2) The security system was activated by a violent condition of nature, including, but not limited to, tornadoes, floods, earthquakes or lightning, or by an electrical surge that caused physical damage to the Alarm System. (J) "Fire Alarm" means a signal initiated by a device such as a manual fire alarm box, automatic fire detector, waterflow switch, smoke detector, or other device which, when activated, is indicative of the presence of a fire or fire signature. Fire alarms shall be exempt from the provisions of this chapter except for fire alarms called in erroneously as an Intrusion, Burglary, Robbery, Property, or other alarm. In those situations, the Alarm Company Operator or operator of the Private Alarm System shall be assessed a False Alarm administrative fine. (K) "Intrusion Alarm" see "Property Alarm." (L) "Medic Alarm" means any system, device, or mechanism manually activated by an individual for the sole purpose of notifying emergency services of a medical emergency. (M) "Monitored Alarm System" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message or communication to a private monitoring company, other number, or person who can then notify police that an alarm has been activated. This includes all systems, which transmit telephonic, wireless, electronic, video, or other form of message from an alarm installed within the city limits to any location outside of the city limits (e.g., an alarm monitoring center located in a state other than California). All alarms that are monitored, except fire alarms, are included within the definition of "Monitored Alarm System "; e.g., any monitored Burglary, Intrusion, Panic, Premises, Property, Robbery, or other type of Alarm Device. (N) "Non - Monitored Alarm System" means any Alarm System that emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, but which is not monitored by an Alarm Company Operator. (0) "Panic Alarm" see "Robbery Alarm." (P) "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the State of California; any political subdivision or municipal corporation thereof. (Q) "Police Department" or "Police" means the Baldwin Park Police Department and includes other law enforcement agencies assisting the Baldwin Park Police Department. (R) "Premises" or "Protected Premises" means any real property and any portion of any real property, within the city, protected by an Alarm System or Private Alarm System. (S) "Private Alarm System" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, to some other location, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Premises in some other fashion, except (i) any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm and (ii) any Alarm System listed by an Alarm System Operator pursuant to subsection (B) of section 91.07. (T) "Private Alarm System Permit" means a permit validly issued pursuant to Section 91.04. (U) "Property Alarm," "Intrusion Alarm," and 'Burglary Alarm" mean any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors and, when activated, transmits a telephonic, wireless, electronic, video, or other form of message, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Protected Premises. For purposes of this chapter, alarms on Automatic Teller Machines (ATMs) are included in this definition. (V) "Responder" means a private guard, alarm company guard, private entity, or person contacted by an Alarm Company Operator, or any other person, who verifies there is evidence of intrusion, commission of an unlawful act, or emergency on the premises that would warrant a call for Police assistance or investigation for a Property Alarm, Intrusion Alarm, or Burglary Alarm. Any Responder for an Alarm Company Operator requesting Police response will notify the Police dispatcher what Alarm Company Operator requested them to respond and that Responder will meet Police at the Premises. (W) "Robbery Alarm" and "Panic Alarm" mean any system, device, or mechanism manually activated by an individual on or near a Premises, to alert others a robbery or any other crime is in progress, or the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria: (1) It is designed to be manually activated by an individual for the purpose of summoning assistance to the Protected Premises; (2) It transmits a telephonic, wireless, electronic, video, or other form of message or emits an audible, visible, or electronic signal that can be heard, seen, or received by persons outside the Protected Premises. (X) "Valid Alarm" means a Property Alarm, Intrusion Alarm, Burglary Alarm, Robbery Alarm or Panic Alarm activation to which Police respond and determine there is evidence of intrusion, commission of an unlawful act, or emergency on the Premises that might have caused the alarm to sound. § 91.03 Certain Devices, Systems, Uses Prohibited. (A) No person shall operate or use an Alarm System or Private Alarm System that emits an audible sound where such emission does not automatically cease within ten (10) minutes. (B) No person shall operate or use an Alarm System or Private Alarm System, which automatically dials the Baldwin Park Police Department directly and delivers a prerecorded message; provided, that this provision does not apply to Medic Alarms. § 91.04 Alarm Business Permit or Private Alarm System Permit Required. (A) Any Alarm Company Operator installing, maintaining, altering, selling on premises, monitoring, or servicing Alarm Systems within the city limits, whether that company is located within California or outside California, is required to maintain an Alarm Business Permit in order to install, maintain, alter, sell on premises, monitor, or service Alarm Systems within the city. (B) An Alarm Business Permit or Private Alarm System Permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to section 91.08 of this chapter. Issuance of an Alarm Business Permit or Private Alarm System Permit does not create any property right in that permit. (C) No person shall use an Alarm Company Operator for an Alarm System, unless that Alarm Company Operator has a current, valid Alarm Business Permit. (D) No person shall install or operate a Private Alarm System until that person has obtained a valid Private Alarm System Permit. § 91.05 Alarm Business Permit and Private Alarm System Permit Application. (A) Any Alarm Company Operator installing, maintaining, altering, selling on premises, monitoring, or servicing an Alarm System within the city limits, whether that company is located within California or outside California shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to operate as an Alarm Company Operator. The application shall (i) be signed by the individual proprietor of such business, or by a partner, or by the proper corporate official, as is appropriate for the form of the business seeking the permit, (ii) set forth the owner's name, age, business and residence address if a natural person, the name, age, business and residence address of each partner if a partnership, and the names of the principal officers and business address if a corporation and (iii) shall include a statement the applicant will inform the Police Department within ten (10) days after any substantial change in the information required by this chapter. (B) Applicants already doing business in the city before the date set forth in (A), above, may continue to do business while their permit application is being processed. An applicant not doing business in the city on the date set forth in (A), above, shall not commence doing business until its application is approved. (C) Each application for an Alarm Business Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. (D) Any person installing, maintaining, altering, monitoring, a Private Alarm System within the city limits shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to operate the Private Alarm System. The application shall (i) be signed by the individual operating the Private Alarm System, (ii) set forth that person's name, age and business and residence address, and (iii) shall include a statement the applicant will inform the Police Department within ten (10) days after any substantial change in the information required by this chapter. (E) Applicants already doing operating a Private Alarm System in the city before the date set forth in (D), above, may continue that operation while their permit application is being processed. An applicant not operating a Private Alarm System in the city on the date set forth in (D), above, shall not commence that operation until a Private Alarm System Permit is approved. (F) Each application for a Private Alarm System Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. § 91.05.01 Alarm System User Permit Required. (A) Any Alarm System User within the city limits is required to maintain an Alarm System User Permit for each Alarm System used by that person within the city. (B) An Alarm System User Permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to section 91.08 of this chapter. Issuance of an Alarm System User Permit does not create any property right in that permit. (C) No person shall use an Alarm System unless that person has a current, valid Alarm System User Permit. § 91 .05.02 Alarm System User Permit Application. (A) Any Alarm System User using an Alarm System within the city limits shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to use an Alarm System. The application shall: (i) be signed by the individual responsible for the use the Alarm System at the subject location, (ii) set forth that person's name, age, business and residence address, (iil) include the date of installation of that Alarm System, (iv) include the name, address, and telephone number of the Alarm Company Operator who installed the Alarm System, the Alarm Company Operator who is monitoring the Alarm System if different from the one who installed that Alarm System, and the Alarm Company Operator responsible for providing repair service to the Alarm System, if different from the one who installed or is monitoring that Alarm System, (v) include a statement the Alarm System User will inform the Police Department within ten (10) days after any substantial change in the information required by this chapter, (vi) include a statement a set of written operating instructions for that Alarm System, including written guidelines on how to avoid False Alarms, have been left with the Alarm System User by the Alarm Company Operator, and (vii) the Alarm Company Operator has trained the Alarm System User in proper use of the Alarm System, including instructions on how to avoid False Alarms. (B) Applicants already using an Alarm System in the city before the date set forth in (A), above, may continue to use and have that Alarm System while their permit application is being processed. An applicant not having or using an Alarm System in the city on the date set forth in (A), above, shall not commence using or having an Alarm System until its application is approved. (C) Each application for an Alarm System User Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. (D) If an Alarm Company Operator monitors or installed the Alarm System for which a permit is required pursuant to this section, then the fees required by subsection (C), above, or section 91.065 shall be paid by that Alarm Company Operator. (E) The Alarm Company Operator referred to in subsection (D), above, shall be jointly and severally responsible for the filing of the required application. § 91.05.03 Notice of Installation of Alarm System. Within seven (7) days after installation of each Alarm System in the city, the Alarm Company Operator referred to in subsection 91.055 (D), above, shall notify the Director that Alarm System has been installed. §91.06 Term of Alarm Business Permit or Private Alarm System Permit and Renewal. (A) An Alarm Business Permit or Private Alarm System Permit shall expire on the first day of the calendar month following eleven full calendar months after the month the permit was issued (the "Expiration Date "). (B) An Alarm Business Permit or Private Alarm System Permit renewal shall be dated the Expiration Date of permit being renewed. No renewal permit will be issued until (i) a new signed and complete application is submitted to the city and (ii) the Alarm Business Permit or Private Alarm System Permit fee and any administrative fines or penalties previously imposed on the Alarm Company Operator or person, as applicable are paid. A late charge, the amount of which shall be established by resolution of the city council, will be assessed on each permit holder who does not pay the required renewal fee prior to expiration of its existing permit. A suspended permit may be renewed only as provided in section 91.10. §91.06.01 Term of Alarm System User Permit. (A) An Alarm System User Permit shall expire on each January 1 after the permit is first issued (the "User Expiration Date "). (B) An Alarm System User Permit renewal shall be dated the User Expiration Date of permit being renewed. No renewal permit will be issued until (i) a new signed and complete application is submitted to the city and (ii) the Alarm System User Permit fee and any administrative fines or penalties previously imposed on the Alarm System User are paid. A late charge, the amount of which shall be established by resolution of the city council, will be assessed on each permit holder who does not pay the required renewal fee prior to expiration of its existing permit. A suspended permit may be renewed only as provided in section 91.10. 91.07 Current Information Required. (A) Within ten (10) days following any change of circumstances which renders obsolete any of the information submitted pursuant to section 91.05, the permittee shall file an amendment to the application setting forth the currently accurate information. No additional fee shall be required. (B) Each Alarm System Operator shall keep on file with the Chief of Police a current list of each Protected Premises serviced by that by that Alarm System Operator. (C)A person shall keep on file with the Chief of Police a current list of each Protected Premises owned or controlled by that person at which that person operates or maintains a Private Alarm System. § 91.08 Suspension and Revocation of Alarm Business, Private Alarm System or Alarm System User Permit. (A) The Chief of Police may suspend or revoke, in her or his reasonable discretion, an Alarm Business Permit, Private Alarm System Permit or Alarm System User Permit based upon one or more of the following grounds, as applicable: (1) If an applicable Alarm System or Private Alarm System results in more than five (5) False Alarms in any 12 -month period. (2) Any false or incomplete statement made on the permit application. (3) Programming of an automatic dialer to select any city telephone line. (4) Maintenance, installation or use of the Alarm System or Private Alarm System in violation of any applicable federal, state or local law, ordinance or regulation, including the requirements of this Article. (5) Failure to provide current information as required in section 91.07. (6) The failure of an Alarm Company Operator employee or person operating or maintaining a Private Alarm System to identify him /herself by operator number, company name, address and phone number at the request of a Police dispatcher. (7) Failure to remit payment of fees, administrative fines or penalties in accordance with this chapter. (8) Failure of an Alarm Company Operator to comply with any applicable federal, state or local law, ordinance or regulation governing the Alarm Company Operator's operations. (9) Failure of the person operating or maintaining a Private Alarm System to comply with any applicable federal, state or local law, ordinance or regulation governing that person's maintenance or operation of a Private Alarm System. (10) Failure of an Alarm System User to comply with any applicable federal, state or local law, ordinance or regulation governing that person's maintenance or operation of an Alarm System. (11) The criminal conviction of an owner, principal, officer or operator of an Alarm Company Operator for any felony whatsoever, or any misdemeanor offense involving moral turpitude. The Chief of Police's decision to either suspend or revoke an Alarm Business Permit on the grounds set forth in this subsection shall be based upon the severity of the violation, including, but not limited to, consideration of the following factors: (a) The materiality and nature of any false or incomplete statement made on the permit application, (b) The number and severity of any prior instances of failure to comply with federal, state or local laws, ordinances or regulations, including the provisions of this Article, by the Alarm Company Operator, (c) The amount of fees, administrative fines or penalties owed and unpaid by the Alarm Company Operator, or (d) The nature of the criminal conviction of an owner, principal, officer or operator of an Alarm Company Operator. (B) If the Chief of Police determines there is cause for the suspension or revocation of a permit, then she/he shall mail a notice of suspension or revocation to the principal of the Alarm Company Operator, as provided on the Alarm Business Permit, or the person to whom a Private Alarm System Permit or Alarm System User Permit has been issued stating the suspension or revocation will be effective thirty (30) days after the date of mailing, unless a notice of appeal is filed with the city clerk in accordance with section 91.13. (C) An Alarm Company Operator operating an Alarm System after the Alarm Business Permit has been suspended or revoked shall be a violation of this chapter. (D) A person operating or maintaining a Private Alarm System after the Private Alarm System Permit for that Private Alarm System has been suspended or revoked shall be a violation of this chapter. (E) A person using any Alarm System after the Alarm System User Permit has been suspended or revoked shall be a violation of this chapter. § 91.09 Appeals of Suspension and/or Revocation Orders. Any Alarm Company Operator, any Alarm System User or the person to whom a Private Alarm System Permit has been issued aggrieved by the action of the Chief of Police in suspending or revoking an Alarm Business Permit, a Private Alarm System Permit or Alarm System User Permit, as applicable, under this Article may, within ten (10) days after such action, appeal to the City by filing written notice with the city clerk and paying the fee established by resolution of the city council. The Chief Executive Officer or his/her designee shall then review the determination or decision of the Chief of Police in the matter appealed from and may approve, disapprove or modify such determination or decision. Such review shall be conducted no later than thirty (30) days after the date of the filing of the appeal, unless both the Chief of Police and appellant agree in writing the Chief Executive Officer may decide the matter at a later date, not to exceed ninety (90) days after the date of the filing of the written notice of appeal with the city clerk. The action of the Chief Executive Officer under this section shall be final and conclusive. §91.10 Reinstatement After Suspension. An Alarm Company Operator whose Alarm Business Permit, person whose Private Alarm System Permit or person whose Alarm System User Permit has been suspended may have the permit reinstated upon proof, to the satisfaction of the Chief of Police, the grounds for suspension no longer exist and upon payment of a reinstatement fee in an amount established by resolution of the City Council. §91.11 False Alarm Administrative Fines. (A) False Alarm Administrative Fine for Alarm Company_. An Alarm Company Operator shall pay to the city, within thirty (30) days after the date of an invoice, an administrative fine for each False Alarm generated by each Alarm System monitored by the Alarm Company Operator in excess of one false alarm per calendar year. An Alarm System User shall be responsible for the payment of the false alarm administrative fines for all False Alarms for non - monitored alarm systems. The amount of the administrative fine for each False Alarm shall be established by resolution of the city council. (B) False Alarm Administrative Fine for Private Alarm System. A person operating or maintaining a Private Alarm System shall pay to the city, within thirty (30) days after the date of an invoice, an administrative fine for each False Alarm generated by that Private Alarm System in excess of one false alarm per calendar year. The amount of the administrative fine for each False Alarm shall be established by resolution of the city council. (C) Fines Cumulative. Administrative fines for each False Alarm are cumulative and not exclusive. §91.12 Penalties for Failure to Pay Fines. (A) Payment of any administrative fine under this chapter is due within thirty (30) days after the invoice date or within an extension of time granted by the Director. If payment is not received on or before thirty (30) days after the date it became due, then a penalty in an amount established by resolution of the city council shall be imposed. (B) The permittee shall be notified by mail of the amount of any penalties so added or assessed; the same shall become due and shall be paid within ten (10) days after the date of such notice. §91.13 Appeals and Contested Fines. (A) The manner of assessing administrative fines and methods to appeal such fines shall comply with all the procedures specified in Chapter 12 of Title I of this code, unless in conflict with the provisions of this chapter. (B) A separate written request for an administrative hearing must be filed for each administrative fine assessed. Multiple administrative fines, even if assessed against the same Alarm Company Operator, Alarm System User or the person to whom a Private Alarm System Permit has been issued cannot be appealed on a single request for hearing form. (C) Within ten (10) days after the filing of a request for an administrative hearing and paying the appeal fee therefore, the City Clerk shall give notice to the requesting party of the date, time and place of the hearing. The hearing shall be set on a date that is no less than ten (10) days and no more than sixty (60) days after the date of the notice. (D) A request for an administrative hearing must be accompanied by a deposit in the amount of the administrative fine. A request for a hearing shall not be complete and shall not be accepted unless it is accompanied by the deposit and fee required. If the requesting party prevails on appeal, then the amount deposited will be refunded within ten (10) days after the date of decision. (E) The hearing officer on all appeals of administrative fines assessed pursuant to this chapter shall be the Director. A representative for the Alarm Company Operator that has been assessed the fine, the Alarm System User who has been assessed the fine or the person issued the Private Alarm System Permit who was assessed the fine must appear at the administrative hearing. The failure of the Alarm Company Operator representative, Alarm System User or the person issued the Private Alarm System Permit who was assessed the fine to appear at the administrative hearing shall constitute a waiver of the right to a hearing on the citation and any defenses to the citation the Alarm Company Operator, Alarm System User or the person issued the Private Alarm System Permit who was assessed the fine may have had. The Alarm Company Operator's or Alarm System User's deposit or the deposit from the person operating or maintaining the Private Alarm System who was assessed the fine shall be forfeited without further action. A failure to appear at the administrative hearing shall also constitute a failure to exhaust administrative remedies. (F) The remedies set forth in this chapter are non - exclusive and the City may seek any and all legal and equitable relief permitted by law in addition to those remedies set forth in this chapter. §91.14 Mailing of Notices. Any notice required by this chapter to be mailed shall be sent by ordinary mail, addressed to the address as reflected in the records of the Director. Failure to receive such notice shall not relieve the obligation to pay any fee, interest, or penalty, nor shall such failure extend any time limit. It is the responsibility of the Alarm Company Operator or the person operating or maintaining the Private Alarm System who was assessed the fine to inform the Director in writing about a change in address, pursuant to section 91.07. § 91.16 No Duty or Obligation. Nothing in this chapter imposes or creates any express or implied duties or obligations on the part of the city, its Police Department or any other governmental agency. Nothing in this chapter creates any express or implied duty or obligation for the Police Department to respond to an Alarm Device activation of any sort, whether verified or not. Any and all liability or consequential damage resulting from the failure to respond to an Alarm Device activation of any sort is hereby disclaimed and governmental immunity as provided by law is retained by the city. § 91.16 Powers of the Chief of Police. The Chief of Police shall have broad discretion to promulgate, execute and enforce policies, procedures and directives as may in her/his discretion be necessary to implement the provisions of this chapter, including appointment of the Director. Such powers of the Chief of Police shall include, but are not limited to, the power to promulgate, execute and enforce a policy, not inconsistent with the provisions of this chapter, regarding dispatch of officers to any Alarm Device activation, whether or not it is a Valid Alarm. SECTION 2. If any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is declared unconstitutional or otherwise invalid for any reason, or if any portion of this ordinance is pre - empted by state or federal law or regulation, then such decision or pre - emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. SECTION 3. The City Council finds and determines that the enactment of this Ordinance is not a project under the California Environmental Quality Act (CEQA) (Cal. Pub. Resource Code §§ 21000 et seq.) in that the activities described in the Ordinance are a continuing administrative activity of the City involving general policy and procedure making and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines, Cal. Code of Regs., Title 14, § 15378.) Therefore, no environmental assessment is required or necessary. SECTION 4. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published or posted in a manner prescribed by law. PASSED AND APPROVED ON THE 20th day of January, 2010 MANUEL LOZANO, MAYOR ATTEST: LAURA M. N I ETO DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do herby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on January 6, 2010. That there after said Ordinance 1329 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO DEPUTY CITY CLERK TO: Honorable Mayor and Members of the Honorable Chair and Members of the FROM: Vijay Singhal, Chief Executive Officer DATE: January 6, 2010 SUBJECT: RESCHEDULING OF THE FEBRUARY 3, 2010 CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETINGS (See related item on CDC agenda) PURPOSE The purpose of this report is to request the City Council / Community Development Commission reschedule the February 3, 2010 City Council & Community Development Commission meetings to Tuesday, February 2, 2010. BACKGROUND AND DISCUSSION This year, the New Partners for Smart Growth Conference will be in Seattle, Washington beginning Thursday, February 4, 2010 through February 6, 2010. In anticipation of attendance by Council members and staff, and to facilitate the travel arrangements for a timely arrival, it is recommended that the February 3, 2010 meeting be rescheduled. Staff is proposing that the February 3, 2010 meeting be re- scheduled to Tuesday, February 2, 2010 or February 10, 2010 or cancelled and re- scheduled to a date convenient to the Council. RECOMMENDATION Staff recommends City Council / Community Development Commission: 1) Re- schedule the February 3, 2010 meeting to Tuesday, February 2, 2010 or Wednesday, February 10, 2010; or 2) Cancel the meeting and re- schedule to a date convenient to the Council A BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING January 6, 2010 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWIN P A : -I1.x Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES V BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o cualquiera Commission or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the Commission or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public agenda. Each person is allowed three (3) Communications) anunciado en /a agenda. A coda minutes speaking time. A Spanish - speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. Any writton public record relating to ern agooda ifern for Carr open :..ession of a regular meeting of the Corrrmonity Deve,lopirient Corrirr-rission th".)t is diratribr h"d to the Community Developrrrent CCOMIT)is ,ion h s.; ti?X7 7' hOUP: prior to that irrrefir'rq will be available, for public City IJ"11l in the, City Clorks offi(.v at 1440 i:. 1�'<.icifir. ,�lv�r�cr�, ;3rrf f= 1c�r. }r �ii.rrirr�l rrorr7r�:�t b�r,�rri�a��s lrotirs (ivlorrcfay Tl��rr scl�ry. i�: #C? r�.rrr. - �:EJCJ f�.rrr_j COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marien Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a metros que sea incluido en la agenda, o a metros que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 9) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the special and regular meetings of December 16, 2009. REPORTS OF OFFICERS 3. RESCHEDULING OF THE FEBRUARY 3, 2010 CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETINGS (See related item on City Council agenda) Staff recommends City Council 1 Community Development Commission 1) re- schedule the February 3, 2010 meeting to Tuesday, February 2, 2010 or Wednesday, February 10, 2010; or 2) cancel the meeting and re- schedule to a date convenient to the Council. ADJOURNMENT Community Development Commission Agenda — January 6, 2010 rage 2 CONAMINITY DFVELOPMENT COMMISSION ,,,oL,,t,,, JAN - 6 A010 ITEM NO. - _ -- -L - -- COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK January 6, 2010 WARRANT REGISTER NO. 707 REPORT: CHECKREG GENERATED: 15 APR 09 11:44 RUN: MONDAY DEC202009 16:33 PAGE 3 CITY OF BALDWIN PARK - CHECK REGISTER CHECK RANGE: 13155 - 13161 CHECK BANK CHECK H CHECK AMT CHECK DATE VENDOR If ADDRS It VENDOR NAME STATUS WO if AMOUNT G/L ACCT it DESCRIPTION INVOICE kk INV VEND ---------------- ...._. --- ------- ------------------------------- ---- ------ - ------------ --------- - 2 13155 53740.00 12/26/09 00167 0 CALIFORNIA REDEVELOPMENT ASSOC. 3740.00 806 -40- 470- 53330 - 14470 -2 MEMBERSHIP DUES 1/10- 12/2010 25552 2 13156 $12700100 12/28/09 10045 0 GRC ASSOCIATES, INC 12100.00 804 -40- 470 - 51100- 14450 -2 5 YRS REDV & HSG IMPLEMENTATIO 3 -0911 2 13157 $3275.00 12/28/09 04275 1 HDL SOFTWARE, LLC 3275,00 804 -40- 470 - 53.100 - 14450-2 PROPERTY TAX ANALYSIS 0015450 -IN 2 13158 $150.00 12/28/09 00617 0 MARIPOSA LANDSCAPES INC. 150.00 890 -00- 000 - 51101- 14900 -2 MTHLY MAINTENANCE NOV 09 46477 2 13159 $587.00 12/28/09 08676 0 SAN GABRIEL VALLEY NEWSPAPER GROUP 587100 804 -40- 470- 51100- 14450 -2 ADD 41 117215 H7215 2 13160 $3.62 12/28/09 00779 0 SO. CALIF. EDISON _ 3.62 890 -00- 000 - 53370 - 14900 -2 ROY HOUSE LIGHT BILL 12/17/09 2 13161 $69.92 12/28/09 00028 0 VALLEY COUNTY WATER DIST 69.52 89D -00- 000 - 53370 - 14900 -2 ROP HOUSE WATER BILL DEC 7 2009 TOTAL kk OF ISSUED CHECKS: 7 TOTAL AMOUNT: 20525,54 _ TOTAL OF VOIDED /REISSUED CHECKS: 0 'TOTAL AMOUNT: 0.00 TOTAL It OF ACH CHECKS: D TOTA4 AMOUNT: 0.00 TOTAL 31 OF UNISSUED CHECKS: 0 COAene1.1nl1 1 Y 1 WVLLUt- Mtiv i COMMISSION r,u�av�rt JAN - 6 A" MINUTES ITEM NO. CITY OF BALDWIN PARK �,LO WEDNESDAY, DECEMBER CITY COUNCIL & COMMUNITY an y a 16, 2009 DEVELOPMENT COMMISSION y 7:00 p.m. COUNCIL 9L r ' CHAMBERS �rra,ry 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tem Marlen Garcia, Ricardo Pacheco, Susan Rubio Council Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Councilmember 1 Member Marlen Garcia, Councilmember 1 Member Ricardo Pacheco, Councilmember 1 Member Susan Rubio, Mayor 1 Chair Lozano. Absent: Mayor Pro Tern 1 Vice Chair Monica Garcia. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9(a)) Case Name: Baldwin Park POA and Vivian Olivas v. City of Baldwin Park, et al Trial Court Case No.: BS 117634 Appeal Court Case No.: B215477 Case Name: City of Baldwin Park, et al v. Erica Bermudez, Martha Guerra and Vivian Olivas Trial Court Case No.: BC 400748 Page 1 of 2 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 Property: 13100 Dalewood Street Agency Negotiator: Vijay Singhal and Marc Castagnola Negotiating Parties: State of California and City of Baldwin Park Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION The Council 1 Commission reconvened in open session with all members present REPORT FROM CLOSED SESSION No reportable action taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council 1 Commission at their meetings held January 6, 2010. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 MINUTES CITY OF BALDWIN PARK ,►.c),I WEDNESDAY, DECEMBER COMMUNITY DEVELOPMENTS 16, 2009 COMMISSION -- 7:00 p.m. COUNCIL IL f �` �' � � CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Marla Contreras, City Treasurer Alejandra Avila, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, Director of Finance Lorena Quijano, City Treasurer Contreras, City Clerk Avila, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. WARRANTS AND DEMANDS Commission received and filed. 2. MINUTES Commission approved the minutes of the regular meeting of December 2, 2009. 3. HCD ANNUAL REPORT OF HOUSING ACTIVITY OF COMMUNITY REDEVELOPMENT AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, Page 1 of 2 2009 Staff recommends Commission receive and file the HCD Annual Report for fiscal year ending June 30, 2009. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:42 p.m. Approved as presented by the Commission at their meeting held January 6, 2010. Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2 wo Item #3 See Item #10 on City Council Agenda