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HomeMy WebLinkAboutFebruary 17, 2009CITY OF ARCADIA CITY COUNCILIREDEVELOPMENT AGENCY "*—I REGULAR MEETING TUESDAY, FEBRUARY 17, 2009 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: Robert Harbicht, Mayor /Agency Chair John Wuo, Mayor Pro Tem /Agency Vice Chair Peter Amundson, Council /Agency Member Roger Chandler, Council /Agency Member Gary Kovacic, Council /Agency Member CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Closed Session /Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding anticipated litigation: Two (2) cases. STUDY SESSION Report, discussion and direction regarding Mid Year Budget. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER INVOCATION Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE Robert Sanderson, Arcadia Police Chief ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Kovacic, Wuo and Harbicht REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /SSTUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER /EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS a. Presentation of a Proclamation designating March as American Red Cross Month. b. Presentation to City Employees by the Arcadia Chinese Association. 1. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. Appeal of business license revocation for non - compliance with the City of Arcadia Massage Identification Card and Business License requirements by Sunshine TCM Healing Center at 650 West Duarte Road, No. 168. Recommended Action: Approve appeal and overturn revocation Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours . Recommended Action: Deny appeal and uphold revocation C. Appeal of business license revocation for non - compliance with the City of Arcadia Massage Identification Card and Business License requirements by Ocean Health Center at 556 West Las Tunas Drive, No. 201. Recommended Action: Deny appeal and uphold revocation PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk /Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council /Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: Approve the Regular Meeting Minutes of February 3, 2009, Recommended Action: Approve CITY COUNCIL ITEMS: Approve the Regular Meeting Minutes of February 3. 2009. Recommended Action: Approve d. Adopt Resolution No. 6668 declaring the Annual Weed Abatement Program and scheduling the protest Public Hearing for March 3, 2009. Recommended Action: Adopt e. Adopt Resolution No. 6669 updating the membership coverage groups with CalPERS to continue allowing the Citv to offer emolovees a pre -tax pavroll deduction plan for CalPERS service credit purchases. Recommended Action: Adopt f. Accept all work performed by Pacific Hvdrotech Corporation for the construction of the new Camino Real Booster Pump Station as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. Recommended Action: Approve 9 Recommended Action: Approve h. Accept $1,500 gift from the Arcadia Chinese Association for programs and materials for the Library. Recommended Action: Approve Authorize the City Manager to execute a contract with Studio Spectrum Inc. for the installation of an audio visual system for the Arcadia Community Center in the amount of $32.836.40. Recommended Action: Approve 3. CITY MANAGER/EXECUTIVE DIRECTOR ITEMS: a. Consideration of adding a General Tax Measure to be placed on the ballot at a Special Municipal Election on June 9, 2009 and appropriate $130,000 from the General Fund's Reserve Fund Balance for costs related to the Special Municipal Election. Adopt Resolution No. 6664 declaring an emeraencv under Proposition 218 and calling for the placement of a General Tax Measure to be placed on the ballot at a Special Municipal Election to be held on Tuesday, June 9, 2009 for the submission to the qualified voters of a proposed ordinance updating the telephone /telecommunications provisions of the Citv's Utilitv Users Tax. Recommended Action: Adopt Recommended Action: Adopt Adopt Resolution No. 6667 providing for the filing of rebuttal arguments for Citv Measures submitted at Municipal Elections. Recommended Action: Adopt Authorize a budget allocation of $318.643 from the Redevelopment Agency's unprogrammed reserves to make the required Educational Revenue Recommended Action: Approve C. Report on Study Session - Mid Year Budget. Recommended Action: Provide Direction ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting to Tuesday February 24, 2009, 6:00 p.m. at the Arcadia Police Department, Emergency Operation Center, 250 W. Huntington Drive, for a Joint Meeting with the Arcadia Planning Commission. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574 -5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. y t °�z STAFF REPORT Office of the City Manager DATE: February 17, 2009 TO: Mayor and City Council FROM: Donald Penman, City Manager Hue C. Quach, Administrative Services Director SUBJECT: Fiscal Year 2008 -09 Midyear Budget Review Recommendation: Provide Direction SUMMARY The City Council conducted a study session regarding the mid -year 2008 -09 Budget on February 3, 2009 and also discussed the matter under City Manager Reports on the regular agenda. Staff presented a fiscal analysis that indicated that General Fund revenues will be approximately $2 million below estimates from the adopted budget, which would result in a $2 million shortfall assuming all appropriations were 100% expended. The Council directed staff to analyze alternatives to close this budget gap including reviewing all vacant positions to determine the impact on services and programs should those positions be frozen for the balance of the fiscal year. Additionally staff was directed to look at other operating expenses that could be reduced to address the shortfall. DISCUSSION As a result of the revenue shortfall, which can be directly attributed to the economic recession, the General Fund is estimated to receive about $2 million less in revenue. While these are staff s best estimates based on the data available, it must be acknowledged that the City does not yet have the fourth quarter sales tax figures that would reflect holiday sales which represent a significant percentage of annual sales. As noted at the study session and in this report, for budget purposes staff estimated that 100% of all General Fund appropriations would be expended. Historically this has not been the case and savings have ranged from about .37% to 4.7% over the past several years. In FY 2008 -09, each one percent expenditure reduction would net $458,000 in savings. Each department was asked to analyze the expenditures incurred to date including any personnel savings as a result of vacancies. They were also asked to estimate what savings they could achieve for the balance of the fiscal year without dramatically affecting existing programs. The result of that analysis is that the City can achieve estimated General Fund expenditure savings in FY 08 -09 of $1,010,107, which would represent approximately 2.2% of the operational budget. (Attachment A). Mayor and City Council — Fiscal Year 2008 - 09 Midyear Budget Review February 17, 2009 Page 2 City Council also directed staff to analyze the impact of freezing the currently vacant seventeen (17) positions for the balance of the fiscal year (for analysis purposes this encompassed a five month period). This would result in a savings of approximately $366,312 (shown on Attachment A). Staff has prepared information on the impact on departmental operations should those positions remain vacant for the balance of the year (Attachment B). Revenue Changes During the budget preparation process a number of revenue and fee increases were recommended in an effort to balance the budget, and these totaled over $1 million. As a result at this point in the fiscal year there are few options staff could recommend that could impact our revenue picture with one exception. The Council approved a plan for the Water Fund to pay the City for lease of City property which houses water facilities. The total annual revenue to the City was estimated at $711,000; the Council voted to phase in this payment over a few years with the FY 08 -09 payment at $355,000. Staff is recommending that the Council increase the payment for FY08 -09 by $150,000 so the total for the year would be $505,000. We could phase in the total amount next year. Based on the Council decision at your meeting of February 3 to cancel the July 0 fireworks show the City will realize a transfer to the General Fund of $49,000. Methodist Hospital has agreed to reimburse the City for the legal expenses the City incurred for work on their financing, which is about $8,000. These three items combined will result in additional General Fund revenues of $207,000. Options There are several options the Council can consider to address the shortfall in the General Fund. Staff would recommend that you consider the projected expenditure savings of $1,010,107, new revenues of $207,000 and use reserves to make up the balance of the shortfall. The Council may want to consider freezing some or all of the vacant positions on Attachment 2, however each will have some service impact which is addressed in the attachment. It should also be acknowledged that freezing these positions would be random and not based on any priority of services, since they just happen to be vacant at this point in time. If City Council desires to balance the budget without the use of any reserves, then it is recommended that all vacant positions be frozen for the balance of the fiscal year and that staff be directed to bring back options for service cuts totaling $405,394. The following options are presented for Council's consideration: Option 1 Revenue Shortfall $1,973,055 Expenditure Savings $1,010,107 New Revenues 207,000 Shortfall $ 755,948 Use $755,948 in reserves to balance the budget Mayor and City Council — Fiscal Year 2008 - 09 Midyear Budget Review February 17, 2009 Page 3 Option 2 Revenue Shortfall $1,973,055 Expenditure Savings $1,010,107 New Revenues $ 207,000 Freeze all vacancies for balance of fiscal year 3$ 66,312 Shortfall $ 389,636 Use $389,636 of reserves to balance the budget Option 3 Revenue Shortfall Expenditure Savings New Revenues Freeze all vacancies for balance of fiscal year Additional Program cuts Shortfall $ 1,973,055 $1,010,107 $ 207,000 $ 366,312 $ 389,636 $ 0 Under option 3 no reserves would be needed to balance the budget. If the Council would like to consider program cuts staff will need additional time to develop a list cuts for consideration. With almost two - thirds of the fiscal year completed, this would move the mid year process into March and any additional program cuts would take time to implement. Since it is likely that the City will face similar or greater fiscal challenges next fiscal year, a better approach may be for staff to commence work now on developing alternatives for program cuts that the Council can consider as part of the FY 09 -10 budget process. This would mean reserves would be needed to address the shortfall this year, but it would also allow for a more deliberative process of weighing options for balancing the budget since it likely will involve program cuts. As noted above, the alternative to freezing all vacant positions for the balance of the fiscal year and making additional program cuts is to use reserve funds. While use of reserves to balance a budget would not be a prudent strategy over a multi -year period, during a fiscal crisis of this nature it would allow the City Council and staff time to more fully analyze alternatives and incorporate changes into next years budget. Additionally since approximately 72% of the General Fund budget is in personnel services it provides the time for staff to apprise the Council of alternatives that may be available to address these costs and provides the public an opportunity to provide input into this process. Therefore staff believes the best approach is to implement Option 1 with some selective hiring freeze on certain positions based on the impact analysis presented by staff in Attachment B. RECOMMENDATION It is recommended that the City Council provide direction on closing the General Fund budget shortfall for FY 2008 -09. Attachment A - Summary of Cuts and Savings Attachment B — Impact of freezing staff positions Cl) W_ U Q Z uj U LL O J El W 2 d W Z 00 LO D) O LO M N W N 00 N M LO It 00 co N O O N O O N Q O � U) N N co O CD I-- It O M N r N 00 r r d' M co O N O IT L6 It O N C N In 7 CO M w 2 Z D f V3 69 Uf} ff3 Ef3 6f1 EA EA d3 E9 EA 6% tR in C co It O O CD C F M Cn O Cn 0�0 (D N r N L O r co In c0 Co M co O O N co U) LL O V r- N N O (D O cl 00 N N p W to CD N 00 co V 0) O O LO O r N W Z r r Qm fob W m rn O m o _ 3 0 0 O O N r N .� C .- C CD r +r C L 0 C Q) ( D C a) C C c l4 N o (D N 't7 o c o 'LS E N oCO E a) c y y .�.N .a a) CD E O Q H O a C' V O 0 E U N N Q) w U U O y N N .�. C '. .� C to 7 *'' C N N a) @ N _ O 4= T N C C E 2 E �o 3: E� 0 o f — E O 0 E �c a) c > > 0 0 0 o 0 0 v �a� — .2 o aZi N. c O O_ W 0 0 0 Q_ Z Z cr al Wa.6 Z X.Eo U Ui�E J 0 U Z Z co U) U z LU Y U U U uj zw > > > Tf a C/) C/) W IZ j m m J J J J W W W O O O OS Q LL LL LL 0- a a rn 0 0 Q E W M C Z Q LLI W r co U z ' O C7 -o o a a Q � w 0 Z Q U) a Z Z Z z > > — > Z p Q Z F- U > 04 N N d_ O N Q V O U Q W U) Z_ U Z = v W W W U W a7 •- J LL Q 0] U U U Z H U Q O q CL F Z E W J W LL LL LL z Z � F—�Z[r WZ ¢ = O O o w z O Z O Q U U U E H F- ccf) Z (n U W Z ` Z U) m Z d O O O Q � a i a J C) ¢ U) o 0 a CL LL { iM1 ATTACHMENT B IMPACT OF PERSONNEL VACANCIES ADMINISTRATIVE SERVICES ACCOUNTING TECHNICIAN I (CASHIER): This Accounting Technician I position is critical to providing good customer services to our residents. The majority of visitors who come to the City Hall need to stop at the Cashier counter to make payments, contest on parking tickets, renew animal licenses or simply to request for information. All of the payments received by the City are processed through the Cashier office regardless of which department initiates those receipts. A lot of essential tasks, like posting cash receipts and making daily deposits, will be delayed if we don't have a Cashier. The impacts of postponement in hiring for the remainder of the fiscal year would greatly impact the level of services we can provided to the general public and create greater delay to depositing funds to our bank. Some of the following would occur with freezing this position: • Longer lines at the cashier counter • Longer time to process and deposit daily receipts to the bank • At risk of misplacing /losing receipts that are not processed timely • At risk for greater errors when receipting of funds do not occur timely • Backlog to filing back up documents and receipts • Will require backup from other staff during breaks, lunch, etc., since cashier's office is physically separate from main administrative services offices. CITY CLERK RECORDS COORDINATOR: Temporary staff would mail ballot processing, procedures). have to be hired and trained in Elections (i.e. — vote by the Voting Rights Act and other specialized election The City's Electronic Records Management Program (document imaging, storage, retrieval and disposition of City records) including WebLink updates would cease. Day -to -day administrative tasks would be absorbed by other staff including the operator assistance calls from the public. Searching for and retrieving documents requested by the public and staff would be absorbed by staff and other departments. DEVELOPMENT SERVICES DEPARTMENT The Development Services Department is programmed to have a full and part -time staff of 26. However, one position was frozen and then removed during the last budget cycle (Senior Planner). Of the General Fund positions in the Department, there are currently 3 positions vacant. These vacant positions represent 12% of the total staffing level of the Department. ADMINISTRATIVE ASSISTANT (Business License Division, Permanent Part-Time) This position is responsible for assisting the- Business License Officer in all aspects of the Business License function. This includes permit issuance for home occupation permits, business licenses, massage licenses, adult performer licenses, filming permits, and others. Recently, changes in permit process and fee increases from the Fire Department and Police Department have run through our Business License office and this has elevated the workload. This office has one full time staff and this part time position. In addition to the customer service aspects, this person is necessary to free up the Business License Officer to perform field work and check for violations. Also, when things are busy with renewals, massage permits, or when the Officer is out of the office, the Code Services staff must cover counter work, decreasing their time in the field. ASSISTANT/ASSOCIATE PLANNER As mentioned above, the Planning Division had previously lost a Senior Planner position in the 08 -09 budget cuts. This new vacancy within the Division is at either the Assistant or Associate level. We have advertised for this position and received over 200 applicants. This position is critical in processing land use cases, assisting residents at the counter, and working with residents, Home Owner's Associations and developers on land use projects. Currently, staff is attempting to manage the current planning workload and is struggling to continue the level of service expected by the community. Design Review for single - family homes is a time consuming and iterative process. Time frames for this work (and all land use applications) will be lengthened and counter hours will diminish if this position is not filled. Three planning staff performing a workload historically performed by five staff will not be able to maintain service levels. SENIOR ENGINEERING ASSISTANT This position is responsible for reviewing new development projects, writing conditions, reviewing NPDES issues, working with planning and building, processing plan checks and interfacing with the permitting and construction work. Currently we have no one assigned to these responsibilities and they are being shared among the existing staff. We do not currently have the personnel to assign one person to these tasks and we are doing the bare minimum to get by in these areas. This is obviously not very efficient and important off -site improvement work is difficult to coordinate. The secondary responsibility of this position is to assist with the project administration of the CIP. With help from Public Works, we are managing our CIP workload for this fiscal year; however, with the chance of additional funding coming our way from the Federal stimulus packages, we will have a difficult time managing the additional workload. Our concern is that with the emphasis on immediate delivery of stimulus projects, we will be under heavy, pressure to produce with the same staffing levels. Even with the use of consultants comes the need for our time to administer contracts and manage consultants. In addition, we have completed interviews for this position, had a great response, and have excellent candidates who we will lose if the position is frozen. Summary of Impacts of Freezing Positions Development Services is a department that collects and generates revenue for the City. DSD also has a great deal of customer interface and customer service that cannot be quantified. There has been a slowdown in plan check revenue and building permit valuation in this fiscal year. That should not be assumed to mean a significant decrease in work load. There is still a lot of work being done on single- family homes within the City. This does not translate into valuation, but it does show that the work level has not necessarily decreased. Freezing of these positions will directly impact customer service and the turn - around times that residents expect. We are currently in `reactive" mode in this Department rather than proactive mode. The following will occur. • Longer processing times on all development projects • Limitation of public counter hours for certain functions (Planning, Engineering, Business License) Elimination of presence in the field (Code Services, Planning, Business License) • Inability to react to and process transportation and street projects and manage new funds. Especially true of likely money received through MTA for street and sidewalk projects from Economic Stimulus Package. • Inability to effectively manage long range projects such as important code amendments and text amendments, design guidelines, preservation issues, Census, HOA coordination. LIBRARY • Principal Library for Children's Services The Principal Librarian for Children's Services is the supervisor for this busy section of the Library. Loss of this position will mean cancellation of one storytime for babies and one of three storytimes for toddlers. Class visits for preschoolers and school age children will be needed to be reduced by 50 %. There will be more difficulty staffing this desk during the 60 hours a week the Library is open, less direct supervision of staff, significantly less time for selection of books and other materials, and loss of time for long term planning. • Library Technician The Library processes about 15,550 items annually, which is currently handled by 1.5 FTE Library Technicians. Loss of this one fulltime position will mean significant delays in getting new materials out to the public for use and less time available to repair damaged materials, which numbered about 1000 items during the last fiscal year. • Library Aide I The Library circulated 712,500 items during FY 2007 -2008. The Library has a staff of nine library aides who each work 15 hours a week to meet a standard of reshelving every returned item within 24 hours. The loss of this position would mean longer waits for returned material to be again available to the public. POLICE DEPARTMENT Patrol Officers - Freeze two (2) Officers' positions: • The department currently has six (6) frozen positions. Not filling the two vacancies will reduce the sworn complement by eight (8) and reduce the number of police officers in the field and reduce proactive enforcement, it will also increase overtime cost. During these difficult economic times, it is common for crime rates to increase. Freezing these two positions may negatively impact other programs such as community relations, traffic and special enforcement unit. This would particularly be the case if any officers are off duty as a result of injuries. Dispatchers — Freeze two (2) dispatcher positions: • Need to maintain minimum staffing, which would increase overtime cost. It would also increase employee fatigue. Public Works Services Department - Justification For Vacant Positions Maintenance Worker (2 Positions) The loss of two (2) Maintenance Workers will impact the Department's ability to perform sidewalk grinding activities and to keep up with the asphalt repairs. As a result, compared to last year's level of work, asphalt repairs so far this fiscal year have been reduced by 55% and sidewalk grinding by 51 %. Leaving these positions vacant will continue the reduction in repairs to these work categories. These reductions in repairs will significantly affect the level of maintenance standard within the City and can potentially increase claims and liability due to trips and falls. In addition, staff reduction in Streets Section will necessitate assistance from the Water Section which in turn will affect the level of service that the Water Section can deliver. Another factor to be considered are staffs vacation, sick, holiday, workers comp, and personal leave time since continued decrease in staffing to either Section can shut a crew down. In an effort to return these to work categories back to 100 %, PWSD is recommending that the two (2) vacant positions be under filled with temporary part time laborers at $13.10 per hour including PERS contribution. Under - filling both positions will save approximately $50,000 per year. Fleet Maintenance Technician (1 Position) Fleet Services perform and completes about 1,300 Work Orders a year on vehicles from various City Departments. The loss of one (1) Fleet Maintenance Technician position will impact 260 work orders which can back up the preventative maintenance vehicle repairs including safety equipment. This can also incur more costly repairs in the future because of inadequate maintenance to the vehicles and potentially contracting out the repairs as necessary. Equipment scheduled for repair will also be out of service for a longer period of time due to lack of a technician. Loss of this position could also cause vehicles and equipment to be sent out for repair work, which may cost more than in house costs, offsetting savings from keeping this position vacant. This position is also partially funded from enterprise funds, based on workload assignments. In an effort to return this to its work category back to 100 %, PWSD is recommending that the one (1) vacant position be under filled with temporary part-time Fleet Maintenance Technician I at $21.38 per hour including PERS contribution. Under filling the position will save approximately $14,000 per year. omit °t K ° STAFF REPORT Development Services Department DATE: February 17, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director)1,Y-- By: Jim Kasama, Community Development Administrator Prepared By: Silva Vergel, Business License Officer SUBJECT: Appeal of business license revocation for non - compliance with the City of Arcadia Massage Identification Card and Business License requirements by Sunshine TCM Healing Center at 650 W. Duarte Rd., #168 RECOMMENDED ACTION: Approve appeal and overturn revocation SUMMARY The Business License office revoked the license for Sunshine TCM Healing Center located at 650 W. Duarte Rd., #168 on January 9, 2009 at the request of the Arcadia Police Department for non - compliance with the following City of Arcadia Massage Identification Card and Business License requirements. A copy of the revocation letter is attached as Exhibit A. 6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES. It shall be unlawful for any person to own, conduct, permit, or manage a business establishment having a fixed place of business for the sole and primary purpose of deriving income or compensation from massage therapy business activities. Massage therapy business activities shall be purely incidental and secondary to any established business. Massage therapists may operate at (a) an established medical office, including, without limitation, an office of an acupuncturist or a physical therapist; and (b) a day spa or salon. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division, and all other applicable requirements of law. 6418.11. BUSINESS LICENSE REQUIRED. Upon receipt of a Massage Therapist Identification Card, the applicant shall furnish the Card to the Business License Office and obtain the required business license, which includes obtaining approval from the Department of Development Services, Planning Services, of the proposed business location. Owners of businesses providing massage therapy services shall furnish the OwnerlOperator Identification Card to the Business License Office and shall maintain a current business license. No business owner shall operate a business that provides massage therapy services unless such owner has a current business license, and a current OwnerlOperator Identification Card. Ms. Lihua Sun, owner /operator of Sunshine TCM Healing Center filed an appeal of the Business License revocation on January 13, 2009. A copy of the appeal letter is attached as Exhibit B. The Business License Review Board (BLRB) met on January 22, 2009. The Police Department reported that they twice attempted to inspect the subject location, but were unable to access the premises because the business was closed. They reported that there were Internet'advertisements (printouts attached as Exhibit C) for massage services but no Massage Identification Cards were issued for this location. Ms. Sun's representative, Mr. Waluszko provided documents and patient records to show the Board that Ms. Sun is operating a legitimate acupuncture practice. He explained that the Craigslist.com ads were placed by mistake. The BLRB hearing was continued to January 29, 2009 to provide an opportunity for an inspection of the facility. The inspection was conducted on January 27, 2009 by Police and Business License personnel and there was no indication that massage services were provided. The Board voted 3 -0 to recommend to the City Council to overturn the revocation, grant the appeal and reinstate the business license. The Board's recommendation is based on a finding that Sunshine TCM Healing Center is in compliance with Arcadia Municipal Code Sections 6418.3 and 6418.11. The minutes of the Business License Review Board meetings are attached as Exhibit D. BACKGROUND Per Arcadia Municipal Code Section 6216.7, the Business License Officer can revoke a license when there is a violation of any law(s): Business License Revocation Sunshine TCM Healing Center February 17, 2009 Page 2 6216.7. REVOCATION. The City License Officer may revoke any business license when the holder has violated any of the conditions of said license, or has violated or permitted to be violated any law or laws of the United States or the State, or any ordinance applicable to the premises where the business covered by said license is conducted, or in connection with said business. Further, a license may be revoked pursuant to the same grounds specified in Section 6216.6 for denial of issuance of a license. In this case, it appeared that Sunshine TCM Healing Center violated AMC Sections 6418.3 and 6418.11 because they were advertising massage services on the Internet, but there were no Massage Identification Cards or business licenses(s) for massage therapists at this business. Business License revocations are appealable to the City Council, but any appeal is first reviewed by the Business License Review Board; an advisory body to the City Council on business license revocations. The Board's findings and recommendations are then transmitted to the City Council and the appeal is considered at a public hearing. DISCUSSION Sunshine TCM Healing Center was issued a business license for an acupuncturist's office on May 6, 2008. The revocation request by the Arcadia Police Department was based on Internet advertisements which indicated that the business was in violation of AMC Section 6418.3 and 6418.11. The Police Department made multiple attempts to inspect Sunshine TCM Healing Center, but were unable to enter the premises because the business was closed. The Police Department requested that the business license for Sunshine TCM Healing Center be revoked due to non - compliance with the AMC. The Business License Review Board met on January 22, 2009 to consider the appeal filed by Ms. Sun. The Police Department reported their findings and explained that they were unable to enter the facility to conduct an inspection. It was explained that the Internet advertisements offered massage at this location, but there was no mention of acupuncture services. The appellant's representative, Mr. Waluszko stated that Ms. Sun is a licensed acupuncturist with an established clientele and has contracts with major insurance carriers. He brought medical records, including patient evaluations and billing records for the Board to examine. Mr. Waluszko stated that they would like to add a medical doctor Business License Revocation Sunshine TCM Healing Center February 17, 2009 Page 3 and a physical therapist to their staff, and that a friend posted the Internet ads to help generate more business. The Board continued the hearing to January 29, 2009 and _ instructed the Police Department and the Business License Officer to inspect the subject location. The inspection was conducted on January 27, 2009, and staff,reported back to the Board that there was no indication that massage services were provided at this location, and that the business was operating within the scope of the approved Business License. The Business License Review Board voted 3 -0 to recommend to the City Council to overturn the revocation. this recommendation is based on a finding that Sunshine TCM Healing Center is not in violation of the AMC. The Business License Review Board recommends that the appeal be granted and that the business license for Sunshine TCM Healing Center be reinstated. Approved: Donald Penman, City Manager Attachments: Revocation Letter (Exhibit A) Appeal Letter (Exhibit B) Internet Advertisements (Exhibit C) Business License Review Board Minutes (Exhibit D) Business License Revocation Sunshine TCM Healing Center February 17, 2009 Page 4 January 9, 2009 Ms. Lihua Sun Sunshine T C M healing Center Inc. C 650 W. Duarte Rd., #168 Arcadia, CA 91007 % SUBJECT: Revocation of Business License No. 048945 Dear Ms. Sun: Development The purpose of this letter is to inform you that Business License.No. 048945 for Services an acupuncturist's office located at 650 W. Duarte Rd., #168 is being revoked. Department Said revocation is due to violations of the Arcadia Municipal Code that have been listed below: L 6418.11. Non compliance with the City of Arcadia Massage Jason Kruckeberg Identification Card and Business License requirements. Development 2. 6418.3 Massage therapy business activities shall be purely incidental Director and secondary to any established business You are to immediately cease the operation of your business within the City of Arcadia. Continuing to operate the business in the City without a license violates Arcadia Municipal Code Section 6211, which constitutes a misdemeanor. Per Arcadia Municipal Code Section 6216.8 (attached) you may appeal this decision within five (5) days of the receipt of this notice. Said appeal must be made in writing and delivered to the undersigned. If you have any questions, please contact me at (626) 574 -5430 or at svergel @ci.arcadia.ca.us. G� " Y� Silva Vergel Business License Officer Enclosures C: Lihua Sun, 1219 Valley View Ave., Pasadena, CA 91107 A and A Capital Inc., 3435 Wilshire Blvd., #2820, Los Angeles, CA 90010 (property owner) Detective Bonomo, Police Dept. 240 West Huntington Drive Post office Box 60021. EXHIBIT A Arcadia, CA 91066 -6021 (626) 574.5414 Revocation Letter (626)447.3309 Pax S U NSHINE TOW Healing Center Inc. Acupuncture — Acupressure — Tui -na Herbal Therapy�Massage Therapy January 13, 2009 Concerning Business License No. 048945 Silva Vergel (626) 574 -5430 Business License Officer City of Arcadia Development Services Department 240 West Huntington Drive Arcadia, CA 91066 -6021 Dear Ms. Vergel, I have just received a Notice from The City of Arcadia revoking my Business License No. 048945 due to violations of Arcadia Municipal Codes: JAN _v 0 2009 1) 6418.11 Non compliance with City of Arcadia Massage Identification Card and Business License Requirements 2) 6418.3 Massage Business activities shall be purely incidental and secondary to Any established business. This is the first time I have heard of any possible violations of Arcadia City Codes or any concerns by the City of Arcadia. The business of Sunshine TCM Healing Center is to provide Acupuncture and related therapies to many patients. This letter is a request for Appeal and I am requesting a hearing regarding revocation of my business license No. 048945 license as per Arcadia Municpal Code 6216.8. Please inform me of the next steps that I need to take to restore my business license, good name and reputation With the City of Arcadia. i Lihua Sun L.Ac., MS.Ac, Dipl.Ac 650 West Duarte Road #168 Arcadia,Califomia 91007 ( (626) 715 -6137 sunshineacu@earthlink.net EXHIBIT B Appeal Letter los angeles craigslist > san gabriel vally > therapeutic services email this posting to a friend Yo-yo head (San Gabriel Valley) please fin with care: ?miscategorized Reply to: see below prohibited Date: 2008- 11 -06, 11:48AM PST spam /ovemost best of craigslist J Is the market turning head into a yo -yo. Come for a relaxing massage. It might even calm one's nerve. Call (626) 446 -3168. Location: 650 West Duarte Rd, Suite 168, Arcadia. • Location: San Gabriel Valley • it's NOT ok to contact this poster with services or other commercial interests License info: yes PostingID:908410945 No contact Info? F the poster didn't include a phone number, email, or ther contact i nfo, craigslist can notify them via email =s Copyright ® 2008 craigslist, Inc. terms of use privacy pglicy feedback forum EXHIBIT C Internet Advertisement 1 of 2 http: //Iosangeles. craigslist .org /sgv /ths/908410945.html 11/6/2008 Good price, better service, best massage rage t or i los angeles crait slist > san oabriel valley > therapeutic services email this o�stina to a friend please Lag with care: Good price, better service, best massage (Arcadia,Pasadena,Monrovia) 1pisoategprizea ' pr ohibited Reply to: see below snam/ovemost Date: 2008- 11 -04, 11:46AM PST best of craigsh Zap - -- Stress is gone. Pain is gone. Boredom is gone. Call 626 446 -3168. Location: 650 W. Duarte Rd, Suite 168, Arcadia • Location: Arcadia Pasadena,Monrovia • its NOT ok to contact this poster with services or other commercial interests . License info: yes PostingID: 905705474 contact Info? poster didn't include a phone number, email, or r contact info. craieslist can notifv them via email. Copyright ® 2008 craigslist, inc. terns of use privacy policy feedback forum EXHIBIT C Internet Advertisement 2of2 http: / /Iosangeles. craigslist .org /sgv /ths/905705474.htm] 11/6/2008 EXHIBIT D Business License Review Board Minutes January 22, 2009 and January 29, 2009 2. REVOCATION OF BUSINESS LICENSE NO. 048945 Sunshine TCM Healing Center 650 W. Duarte Road Business Owner /Appellant: Lihua Sun REQUEST: Appeal of the revocation of Business License for violations of the Arcadia Municipal Code listed below: A. 6418.11. Non - compliance with the City of Arcadia Massage Identification Card and Business License requirements. B. 6418.3. Massage therapy business activities shall be purely incidental and secondary to any established business. Mr. Quach briefly outlined the hearing procedures for the applicant Report was presented by Business License Officer, Silva Vergel: On May 6, 2008 a business license was issued to Miss Lihua Sun for an acupuncturist's office. Based on inspections by city staff and the Police Department, the license was revoked on January 9, 2009 for non - compliance with city massage identification card and business license requirements and because massage therapy activities were not purely secondary and incidental to the acupuncture business. On January 12, 2009, Miss Sun appealed the revocation to the Business License Review Board. Detective John Bonomo and Reserve Officer Mike Deleo were asked to describe the various violations. Detective John Bonomo said that when the police department began the inspection process with massage facilities in the city, this business was not included because they did not have a business license related to massage therapy. However, intemet inquiries revealed two advertisements for this business offering only massage services and no acupuncture so he recommended a review of the business license to determine if the business is avoiding the massage therapy license process or if there is some mistake with the advertising. He said he attempted to conduct inspections on two occasions but the business was closed both times. The public hearing was opened Mr. Alex Waluszko, Miss Sun's husband, represented her at this hearing. He said that Miss Sun is a professional acupuncturist with an established business. He said they have contracts with major insurance carriers and use a professional medical billing service. They maintain an established client base with complete medical records including patient evaluations. In the future, Miss Sun hopes to add a medical doctor and physical therapist to the staff. Mr. Waluszko said that a friend suggested to Miss Sun that she advertise on Craig's List and helped her prepare an ad which only mentioned massage services. He said that Miss Sun wishes only to provide medical acupuncture services and he feels that this is a business that the city could be proud of. Deputy Fire Chief Haney asked the applicants if they currently have a business license and they said that they do. Mr. Quach asked how many people were working at the office and Miss Sun explained that she works with one acupuncturist who occasionally provides massage services. Mr. Waluszko explained that acupuncture is often followed by acupressure. Business License Review Board Minutes — January 22, 2009 Page 2 of 7 Detective Bonomo confirmed that he has visited the site twice, around 7:30 in the evening, but the business was closed. Deputy Fire Chief Haney asked the applicant if they are subleasing space. Mr. Waluszko explained that there are five or six rooms that they hope to fill eventually but that are empty at present. The Board examined evidence provided by applicant. Detective Bonomo said that his records revealed no license for a massage therapist at this location yet massage is advertised on the internet and it is outside of the scope of their business license. Mr. Waluszko said this is a mistake and it won't happen again. Without objection the public hearing was closed. Mr. Quach reviewed the options available to the Board, i.e., make a decision, defer for ten days or refer to the City Council. Deputy Fire Chief Haney pointed out that no city personnel visited the operation during business hours and the applicant never applied for a massage license so, the business appears to be an acupuncturist office. Mr. Quach suggested a ninety day review to allow an opportunity for an inspection during business hours. Mrs. Vergel said the hearing can be continued for up to ten days allowing staff time to perform an inspection and then meet to make a recommendation which will be forwarded to the City Council for a final decision. Mrs. Vergel agreed to make an appointment with the Police Department for an inspection and advise the applicants when it is scheduled, MOTION: It was moved by Deputy Fire Chief Haney, seconded by Mr. Thompson to continue the item to January 29,2009, 3:30 p.m. Business License Review Board Minutes — January 22, 2009 Page 3 of 7 w MINUTES BUSINESS LICENSE REVIEW BOARD s °°W • w' Thursday, January 29, 2009,3:30 p.m. Council Chambers Conference Room ROLL CALL: Deputy Fire Chief Dave Haney, Arcadia Fire Department Mr. Dave Thompson, Public Works Services Department Mr. Hue Quach, Administrative Services Department 1. REVOCATION OF BUSINESS LICENSE NO. 048945 —Continued from January 22, 2009 Sunshine TCM Healing Center 650 W. Duarte Road Business Owner /Appellant: Lihua Sun REQUEST: Consideration of an appeal of the revocation of Business License for violations of the Arcadia Municipal Code listed below: A. 6418.11. Non - compliance with the City of Arcadia Massage Identification Card and Business License requirements. B. 6418.3. Massage therapy business activities shall be purely incidental and secondary to any established business. The Business License Review Board met on Thursday, January 22, 2009, to consider revocation of the business license for Sunshine TCM Healing Center. The item was continued to January 29 to allow time for an inspection by Police Department personnel. Detective Bonomo said that his inspection revealed no evidence of massage business being conducted and that the scope of the business falls within the limits of the business license. Ms. Vergel said that if the Board wants to have the revocation overturned, they must make a recommendation to the City Council. MOTION: It was moved by Mr. Thompson and seconded by Deputy Fire Chief Haney to make a recommendation to the City Council to overturn the revocation of the business license for Sunshine TCM Healing Center. Ms. Verge] advised Ms. Sun that the matter will go before the City Council at the February 17, 2009, meeting. Ms. Sun asked if the business can reopen during this time. Ms. Vergel advised that they must wait for the City Council to officially overturn the revocation of their business license at the February 17 meeting before reopening their business. Adjourned 3:50 pm COMMUNITY DEVELOPMENT DIVISION REPRESENTATIVES: Silva Vergel and Billie Tone Business License Review Board Minutes — January 29, 2009 Page 1 of 1 ; L= , R! DATE: February 17, 2009 TO: Mayor and City Council STAFF REPORT Development Services Department FROM: Jason Kruckeberg, Development Services Director ;SLlC- By: Jim Kasama, Community Development Administrator Prepared By: Silva Vergel, Business License Officer SUBJECT: Appeal of business license revocation for non - compliance with the City of Arcadia Massage Identification Card and Business License requirements by Arcadia Center Beauty Care at 556 W. Las Tunas Dr., #106 RECOMMENDED ACTION: Deny appeal and uphold revocation SUMMARY The Business License office revoked the license for Arcadia Center Beauty Care located at 556 W. Las Tunas Dr., #106 on January 6, 2009 at the request of the Arcadia Police Department for non - compliance with the following City of Arcadia Massage Identification Card and Business License requirements. A copy of the revocation letter is attached as Exhibit A. 6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES. It shall be unlawful for any person to own, conduct, permit, or manage a business establishment having a fixed place of business for the sole and primary purpose of deriving income or compensation from massage therapy business activities. Massage therapy business activities shall be purely incidental and secondary to any established business. Massage therapists may operate at (a) an established medical office, including, without limitation, an office of an acupuncturist or a physical therapist; and (b) a day spa or salon. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division, and all other applicable requirements of law. 6418.11. BUSINESS LICENSE REQUIRED. Upon receipt of a Massage Therapist Identification Card, the applicant shall furnish the Card to the Business License Office and obtain the required business license, which includes obtaining approval from the Department of Development Services, Planning Services, of the proposed business location. Owners of businesses providing massage therapy services shall furnish the Owner /Operator Identification Card to the Business License Office and shall maintain a current business license. No business owner shall operate a business that provides massage therapy services unless such owner has a current business license, and a current Owner /Operator Identification Card. Ms. Shi Hua Gao, owner /operator of Arcadia Center Beauty Care filed an appeal of the Business License revocation on January 12, 2009. A copy of the appeal letter is attached as Exhibit B. The Business License Review Board met on January 22, 2009 and voted 3 -0 to recommend. to the City Council that the revocation of the business license for Arcadia Center Beauty Care be upheld per Arcadia Municipal Code (AMC) Section 6216.7 (cited below). The Board's recommendation is based on findings that Arcadia Center Beauty Care is in violation of the abovementioned Arcadia Municipal Code Sections 6418.3 and 6418.11. The minutes of the Business License Review Board are attached as Exhibit C. BACKGROUND Per Arcadia Municipal Code Section 6216.7, the Business License Officer can revoke a license when there is a violation of any law(s): 6216.7. REVOCATION. The City License Officer may revoke any business license when the holder has violated any of the conditions of said license, or has violated or permitted to be violated any law or laws of the United States or the State, or any ordinance applicable to the premises where the' business covered by said license is conducted, or in connection with said business. Further, a license may be revoked pursuant to the same grounds specified in Section 6216.6 for denial of issuance of a license. In this case, Arcadia Center Beauty Care has violated AMC Sections 6418.3 and 6418.11. Business License revocations are appealable to the City Council, but any appeal is first reviewed by the Business License Review Board; an advisory body to the City Council on business license revocations. The Board's findings and recommendation are then transmitted to the City Council and the appeal is considered at a public hearing. Business License Revocation Arcadia Center Beauty Care February 17, 2009 Page 2 DISCUSSION Arcadia Center Beauty Care was issued a business license in the City of Arcadia on July 22, 2008. The business license was for the operation of a beauty salon and not for massage therapists. AMC Section 6418.19 (attached as Exhibit D) requires that massage therapists obtain both a Massage Identification Card issued. by the Police Department and a business license. In this case, the massage therapists were able to present the Police issued Identification Cards but not the required business licenses. The revocation request by the Arcadia Police Department was based on violations of AMC Sections 6418.3 and 6418.11 discovered during inspections and background research. Per AMC Section 6418.3, massage must be secondary to the established business. The Police Department reported that massage is not incidental or secondary to this business. This is substantiated by the signage on the building, the Internet advertisement (printout is attached as Exhibit E) and the lack of having anyone readily available to provide the services normally offered by a beauty salon, such as hair styling, cutting, manicures, etc. In addition, the massage therapist working at this facility could not provide a copy of his business license. The Police Department's report of the September 3, 2008 inspection is attached as Exhibit F. In addition to violations of AMC Sections 6418.3 and 6418.11, it was observed that the signage on the front window indicated that massage was available, but there was no signage relating to services that would be expected at a beauty salon. A follow -up inspection was conducted on November 13, 2008, which showed that most of the building and fire code violations had been corrected. The Police Department's report of the follow -up inspection is attached as Exhibit G. The business license for Arcadia Center Beauty Care was revoked on January 6, 2009. The owner of Arcadia Center Beauty Care appealed the revocation on January 12, 2009. The appellant's attorney argued that Ms. Gao is a licensed cosmetologist and masseuse and that only 20% of the business is devoted to massage. Many of the violations have already been corrected. He said that there was speculation by the Police Department and the claims cannot be substantiated. Based on the testimony received, the Business License Review Board voted 3 -0 to recommend to the City Council that the revocation be upheld. The Board's decision was based on the finding that massage was not secondary to the established business. Business License Revocation Arcadia Center Beauty Care February 17, 2009 Page 3 The Business License Review Board recommends that the appeal be denied and the business license for Arcadia Center Beauty Care be revoked. If the City Council decides not to revoke the business license, staff recommends the following conditions: The business license be subject to review by the City Council for twelve (12) months. Should any violation occur, it shall be brought directly to the City Council's attention, at which time the City Council may revoke the business license in accordance with Section 6216.7 of the Arcadia Municipal Code. The business must be in compliance with the Arcadia Municipal Code, and all other relevant State and Federal regulations. Approved: s.Di'�.wrre.�J Donald Penman, City Manager Attachments: Revocation Letter (Exhibit A) Letter of Appeal (Exhibit B) Business License Review Board Minutes of January 22, 2009 (Exhibit C) Arcadia Municipal Code Section 6418.19 (Exhibit D) Internet Advertisement (Exhibit E) September 3, 2,008 Inspection Report (Exhibit F) November 13, 2008 Inspection Report (Exhibit G) Business License Revocation Arcadia Center Beauty Care February 17, 2009 Page 4 January 6, 2009 �,�� O °0m °a1Ty °S4 °� °• MS. Shi Hua Gan Arcadia Center Beauty Care C i ty 556 W. Las Tunas Dr., #106 Arcadia, CA 91007 A r adia- SUBJECT: Revocation of Business License No. 049143 Dear Ms. Gan: Development The purpose of this letter is to inform you that Business License No. 049143 for Services beauty care and foot massage establishment located at 556 W. Las Tunas Dr., Department #106 is being revoked. Said revocation is due to violations of the Arcadia Municipal Code that have been listed below: 1. 6418.11. Non compliance with the City of Arcadia Massage Jason Kruckeberg Identification Card and Business License requirements. DevdJ*menr Servicer 2. 6418.3. Massage therapy business activities shall be purely .incidental Diremr and secondary to any established business You are to immediately cease the operation of your business within the City of Arcadia. Continuing to operate the business in the City without a license violates Arcadia Municipal Code Section 6211, which constitutes a misdemeanor. Per Arcadia Municipal Code Section 6216.8 (attached) you may appeal this decision within five (5) days of the receipt of this notice. Said appeal must be made in writing and delivered to the undersigned. If you have any questions, please contact me at (626) 574 -5430 or at svergei @ci.arcadia.ca.us. ely, lva Vergel Business License Officer Enclosures C: Shi Hua Gao, 109 N. Cordova, #F, Alhambra, CA 91801 Richard and Grace Sien, 724 Rodman Cir., Monterey Park, CA 91754 (property owner) Detective Bonomo, Police Dept. 240 West Huntington Drive Post office sox 60021 EXHIBIT A Arcadia, CA 91066.6021 (626) 574 -5414 Revocation Letter (626) 4473309 Fax LAW OFFICES OF JOHN D. TYRE PaueV, A. Demo 62M N- IRWIN13ALE AVE, SUITE 170 TEL: (625) 960-0D61 Az=&E COUNSEL IRMML- �DWNTVMo ARTK 01 ET FAX (626) $37.3693 January 11, 2009 Silva Vergel Business License Office' City of Arcadia 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 Re: Ms. Shi Hua Gao Ms. Verge]: Pursuant to the Arcadia Municipal Code, Ms. Ciao, through her attorney is hereby appealing the revocation of her license. Original Sent by Mail EXHIBIT B Appeal Letter l00 /100f�J xvd 66:1.1 600G /WI.0 EXHIBIT C Business License Review Board Minutes of January 22, 2009 REVOCATION OF BUSINESS LICENSE NO. 049143 Arcadia Center Beauty Care 556 W. Las Tunas Drive, #/106 Business Owner /Appellant: Shi Hua Gao Attorney: Jelin Tyre REQUEST: Appeal of the revocation of Business License for violations of the Arcadia Municipal Code listed below: A. 6418.11. Non - compliance with the City of Arcadia Massage Identification Card and Business License requirements. B. 6418.3. Massage therapy business activities shall be purely incidental and secondary to any established business. The staff report was presented by Business License Officer, Silva Vergel A business license was issued to Arcadia Center Beauty Care on July 22, 2008 for beauty care and foot massage. Based on inspections by staff and Police Department personnel, the license was revoked on January 9, 2009 for non - compliance, i.e., massage was not incidental and secondary to the beauty business and the massage identification card requirements were not met. The applicant appealed the revocation on January 12, 2009. Reserve Officer Jack Worswell reported that on September 3, 2008, a formal inspection revealed that there were no records of treatments, no posting of prices and services and no notice regarding open/unlocked doors. On November 13, 2008, a follow up inspection was conducted which revealed that the violations had been corrected except the required notices to be posted in the lobby and treatment rooms regarding cooperation with the Police Department were not on display. Code Services Officer Robert Swanson reported that his initial inspection revealed the following code violations: no banner permit, moving or flashing sign in the window, bathroom vanity should be wall mounted for handicapped use, lighted signs in window area exceeded ten percent of window, no business license for Shi Gao and Jie Luo, employees were not wearing a uniform of a typical medical office, and the soap dispenser in the restroom was not permanently installed. Detective Bonomo said that he attended two inspections of the business and observed that although massage, which is supposed to be secondary to the primary business of hairstyling, was advertised on building signs, there was no hairstylist present. He also observed two massage rooms and a lounge room for foot massage but was told that haircuts are by appointment only. Detective Bonomo pointed out that Craig's list ads on the internet for this business only describe massage availability and rates with no reference to hairstyling. He said that the business appears to be operating as a full time massage parlor. The public hearing was opened. Mr. John Tyre, the attorney representing the applicant, said that the applicant is a licensed cosmetologist and masseuse and that only twenty percent of her business involves massage. Mr. Tyre said that the applicant has made sincere efforts to comply with all city regulations and that the there is only speculation, not proof, of violations. Business License Review Board Minutes — January 22, 2009 Page 4 of 7 Mr. Quach noted that the business license indicates foot massage. He asked if hair salon falls into this category. Mrs. Vergel explained that the business license was for beauty, care and massage is supposed to be incidental to the beauty care business. Mr. Quach noted that there were ads for massage but nothing about beauty care or haircuts in the pictures of the business. Mr. Tyre said that the main sign says beauty care and the brochures inside the business indicate beauty care is available. Mr. Thompson asked why ads don't mention haircuts and the other beauty care provided. Mr. Tyre noted that the ads may be somewhat confusing and that because a service is not specifically listed that doesn't mean it is not available. Mr. Quach noted that it appears that haircuts are incidental to the massage business. Mr. Tyre said that since only one person is a hairdresser they don't need more advertising. Mr. Tyre said that the applicant is the only one who can provide massage and she can also provide haircuts Detective Bonomo reported that at his. last inspection he saw the applicant's husband and a young man who could provide massage services but there was no one there who could provide haircuts. Deputy Fire Chief Haney asked why, so many massage chairs were installed if only one person is a masseuse, Mr. Tyre said that only the applicant and her husband are at the business and her husband can't provide massage services because he doesn't have a license. He contends that the applicant is the only one providing massage services for this business. Without objection the public hearing was closed. MOTION: It moved by Mr. Quaoh, seconded by Mr. Thompson to make a recommendation to the City Council to deny the appeal and uphold the revocation. ROLL CALL: AYES: Haney, Thompson, Quach NOES: None Business License Review Board Minutes — January 22, 2009 Page 5 of 7 EXHIBIT D Arcadia Municipal Code Section 6418.19 (34 16.19. (JFtKA7IVNN. Yage l of 3 ARTICLE VI BUSINESSES, PROFESSIONS TRADES AND OCCUPATIONS PART 1 ENTERTAINMENT ENTERPRISES 6e418.19. OPERATIONS. (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the Owner /Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas, including the genital, =anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi - nudity or employs language in the text of such advertising that would reasonably suggest to a. prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (1) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met: (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. http:/ /municipalcodes.lexisnexis.coml codes lareadia /_DATAITITLE061PART_I _ENTERT... 2/5/2009 6418.19., OPERATIONS. Page 2 of 3 (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. Apermanently installed soap dispenser, filledwith soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap May be used. A trash receptacle shall be provided in each toilet room. ' (N) Separate Rooms: If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table: The tables shall have a minimum height of eighteen inches (18 "). Two -inch (2 ") thick foam pads with maximum width of four feet (4) may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises' exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall, be posted in a conspicuous public location on the business premises. No services shall be performed and no sums shall be charged for such services other than those posted. (S) Notices. The following notice shall be conspicuously posted in a location within the business where massage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: IN COOPERATION WITH.THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. (T) Roster of Employees. The business owner and /or operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage, therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the, business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times. (U) Records of Treatment. The business owner and /or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical http:// municipalcodes .lexisnexis.comIcodeslarcadial DATAITITLE061PART_I_ENTERT... 2/5/2009 OIF 16.1 Y. UrrIrHI WIN J. Page 3 of 3 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 twenty -four (24) months after such treatment orservice. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose-The City regulatory officials shall periodically inspect the records to ensure compliance with this +Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division; 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. << previous I next >> http : / /municipalcodes.lexisnexis. corn/ codes/ arcadia /_DATAITITLE061PART_I_ENTERT... 2/5/2009 EXHIBIT E Printout of Internet Advertisement excellent Arcadia massage Page I of 3 las an Qka-craigslist > san -gabriielvalley > therapeutic services email this posting to a friend please e flag with care: excellent Arcadia massage (arcadia miscategorized Reply to: serv-905596383&craigslist.org 121 prohibited Date: 2008-11-04,10:35A14i PST, 5pam/overpost best of craigslis STOP LOOKING! !!'We are here waiting for you 626-322-5700 i f if Rated #1 massage in town ;II ;Y Private massage room, highly skill, great smile Unwind with the Best Massage in Arcadia http://Iosangeles.craigslist.org/sgv/ths/905596383.htmi 11/6/2008 626-321-5700 excellent Arcadia massage . Arcadia Center . 556 W. Las Tunas Dr. #106 . Arcadia, CA 91007 . *— *Next to "Big N Lot" store — * * Body Massage * 30 minutes -- $25 * 60 minutes -- $40 Foot massage . 60 minutes -- $20 Page 2 of 3 • Location: arcadia • it's NOT ok to contact this poster with services or other commercial interests http: //Iosangeles. craigslist .org /sgv /ths/905596383.html 11/6/2008 GXGGIIOIR t1fudula wassago ^" — ^" . License info: licensed PostingID: 905596383 r agv 0 of Copyright © 2008 craigslist, inc. terms of use privacy policy feedback forum http: /Aosangeles. craigslist .org /sgv /ths/905596383.htm] 11/6/2008 EXHIBIT F Arcadia Police Department Report September 3, 2008 Inspection ARCADIA POLICE DEPARTMENT For Agency Use Only INCIDENT REPORT Case No. ^ 4 Z� I. TYPE, LOCATION AND TIME OF INCIDENT Type of Incident I C) Wt LJ,A I JC Location of Occurrence - Premise `- Occurred _ Date Day Time Ui r LAS -TU u '��� b 4LV Between Data and Tiime BeaVR Date Day Time and /� II: REPORTING PARTY ❑ VICTIM ❑ OWNER ❑ WO ❑ SUBJECTDriver's License # Last Name First Name Middle - Race Sex Birthdate (Mo/Day/Ysar) Residence Address City State Zip Code Res # Cell # Business Address or School Attended City State Zip Code 114 8—OX)TIM 84r )' � 16D Bus # 3ZZ - S 00 11. REPORTING PARTY ❑ VICTIM ❑ OWNER ❑ R/0 C] SUBJECT ❑ Ucense # License Race Sex Birt hdate (MO/Day/Year) Last Name First Name - Middle Residence Address City Stale Zip Code Res # Cell # Business Address or School Attended City State Zip Code Bus # III. VEHICLE INFORMATION Year, Make, Model, Style, Color, License Plate w /State Suspect Vehicle ❑ Victim Vehicle ❑ Other Involved Vehicle ❑ IV. PROPERTY DESCRIPTION Articie/Make 'Model Number Serial Number Color Lost/Stolen/Damaged/Found Value 1. 2. 3. 4, 5. Total ❑ Property Continuation Page Value: Off k� e • r e�k�10 # Date J Supervisor and ID If Date Page — of 09/14/08. 08 -4528 On 09103108, at 1808 hrs, Officer Orswell and I, along with representatives from Arcadia Fire Department; Arcadia Code Enforcement and Arcadia Building Department Inspector, inspected Arcadia Center Beauty Care, 556 W. Las Tunas, Suite 106, Arcadia, and spoke to owners Gao, Shi Hue and Jie Luo. y Soo This was a follow, up inspection from % . Our purpose was to check to see if the previous violations had been corrected. The owners are the only massage therapists at this location. As part of the visit we confirmed valid licenses of Gao and Luo. See attachment from Arcadia Police Department. The same violations were found which were: posting of prices (cost and time), notices of "working in cooperation with the police department :.." Signs and records of treatment. A copy of the violations was given to owner Gao. She was reminded that the same violations were found last July. Jill Perumean, Arcadia Fire Department, inspected the location and found the following violations:. fire sprinklers are not installed to code, add head to water he closet and move heads over in salon area =a licensed contractor must submit plans to Fire Dept, discontinue use of extension cords, water heater must be installed to code and remove door to closet. The violations must be corrected within 14 days or by 10/3/08. A copy of the violations was provided to Gao. Robert Swanson, Arcadia Code Enforcement and Jeff Wang, Business Inspector, found the following violations: AMC 9262.4.13, requires an owner to obtain a permit for displayed banner, AMC 9262.4.3.C.3, prohibits use of moving or flashing signs, AMC 9405.1, remove vanity from bathroom and replace with a wall mounted lavatory, remove storage bin from the front of the toilet, AMC 6418.10, requires massage therapists to obtain required business license. In addition, pictures of violations are attached. These violations must be corrected by 9/29/08. A copy was given to Gao. Reports from Arcadia Fire, Code Enforcement and Building Inspector are attached. ARTIC V I BUSI PROFESSIONS TRADES AND OCCUPATIONS �7 p RT 1 ENTERTAINMENT ENTERPRI � C Yj6,*, A Flo W� Tj . IA 106 W I A -) r - q e- 6418.19. OPERATIONS. bl ( 'U 5�22­5700 a (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo 7Z L!ja�5 identification. Such card and identification shall be provided to City regulatory officials upon tYr' demand. Each owner and /or operator shall at all times have in his or her possession the �J Owner/Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate ���N...III issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransperent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas, including the genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed,, published or distributed, any advertising matter that depicts nudity or semi - nudity or employs language in the text of such advertising that would reasonably suggest to a prospective, patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (1) Inspections and Searches. The business owner /operator, and massage therapist; a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. http : / /municipalr,odes.lexisnexis. com/ codes /arcadia /_DATA/TITLE061PART_I _ENTERT... 7/15/2008 6418.19. UPt IUNJ. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18 "). Two -inch (2 ') thick foam pads with maximum width of four feet (4) may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being The business premises' exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain cked during business hours. (R) osting. Each service offered, the price thereof and the minimum length of time such service erformed shall be posted in a conspicuous public location on the business premises. No services shall be performed and no sums shall be charged for such services other than those ,pos ted. (S) otices. The following notice shall be conspicuously posted in a location within the business re massage therapy services are performed that is easily visible to any person entering the emises and In each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. Q�{L bu (T) Roster Employees. The lss owner and /or operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist of employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, If any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials demand at all reasonable times. ."(U) ecords of Treatment. The business owner and/or operator shall keep a record of the dates anijh ours of each treatment or service, the name and address of the patron, the name of the assage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist 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 twenty -four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged.,with enforcement of this Division and for no other purpose, The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, 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. 6418.19 «previous i next > http:/ /municipal codes.] exisnexis. com /codes /areadia/_DATAITITLE06/PART_ 1_ENTBRT... 7/15/2008 ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 630 SOUTH BALDWIN AVENUE ARCADIA, CA 91007 (626) 574 -5104 (626) 445 -1619 FAX Date: S DX DBA: J 5 Business Address ❑ No violations noted (NVN). Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Sorely nspectioh. ITV Your'eltantbn Is directed to the Items checked below. These violations must be corrected in order to meet minimum Fire and ' Safety Requirements. For clarification of the items noted, please refer to the comments section. PRE PROYEC'FOR 8Y8TEUS ❑ Semloe portable Ara eiilinguisher(e) - 908:2 ❑ Fire exiinguisher(s) required -906.1 ❑ Fire extingulshar(s) mounting required - 906.7 Fire sprinkler- 6 year CBrilficetion required - 901.61 Fite sprinkler system maintenance required - 901.6 Fire alarm system maintenance requited - 901:6 Hood and Duct- fire system service required - 901.6 ❑ Hood and Duot- system cleaning required - 901.6 NDG/88KEEMW 11Ir9LATiON$ ❑ Fire reatstim cormiruclion- 703.1 ❑ Fire assembly testing and maintenance - 703.4. ❑ Improper storage of combustible materials - 315.2 [ No storage allowed in tiolletlmebhanlcaUeleolridel rooms - 315.2.3 ❑ Improper use of combustible:dag6rstiva material -807 ❑ combustible vegetation- 304.1.2 QFRERAL. Ai'E't, IAWEM ❑ Address 'numbers -605.1 ❑ Knox Box required - 506.1 i1 Secure comdramed nag cylinders. tanks, containers 3003.5 fE.ffCMICM WA7.A *98� 2, Improper ties of zip cords or extension cords - 605.5 Improper use of mutt! -ping- outlets - 606.4 ❑ Electrical panel access -605.3 ❑ Correct electrical hazard -605.1 0,111 REW111 irEMEttlT 3 ❑ Exit obstruction - 1028.3 ❑ Aisle obstruction- 1014.4 Exil doom - operation - 1006:1.8 Exit door looking devices - 1008.1.8.3 ❑ Corridor obstruction - 1028.3 ❑ Stairway obstruction - 1028.3 Exit sign Illuminatbn - 1011.2 Exh signs required two or more #true - 1011.1 ❑ Emergency backup aXk lighting - 1027.6 SREDIAL HAZAAD5 [] , Perna requited -APP 1 105.1 t Ark 4Q ,'y „a„ yLJ �y'' Extreme hazard -App 1110. �'.jCr�r✓'��rA. (.rr"t � `I' other hazards - You are hereby notified to correct the items checked above within 14 days, r prior to — �7 `�/) A re- inspection will be held on or gffq this date at no charge. A reinspe tion fee may be assessed and billed by the City of Arcadia if corrections are not rnade prior to this re= inspection and a subsequent re- inspection is necessary. t have read this statement and undarMand that a fee may be charged if corrections era not made in a timely manner and additional ne- inspections are necessary, Contact Person Signa*re_ n I / 1f Date: C U' Inspector's Name: U11j4 2/ Air CC �D #: Company: ' "plain's ID# FPB 101 - ova-• r.�> ca September 8, 2008 Arcadia Center Beauty Care Shi Hua Gao 556 W. Las Tunas Drive Suite #106 Arcadia, CA 91006 Re: Commercial Code Enforcement Notice of Violation at 556 W. Las Tunas Drive Suite #106 in Arcadia Dear Business Owner, On September 3, 2008, the City of Arcadia staff conducted an inspection at Arcadia Center Beauty Care at 556 W. Las Tunas Drive Suite #106 in Arcadia. At this inspection, I identified the following violations of the Arcadia Municipal Code (AMC) 1. AMC 9262.4.13 requires an owner to obtain a banner permit for a displayed barmer. Obtain this banner permit from Planning Services or remove "Grand Opening" banner from rear wall of the Business. 2. AMC 9262.4.3.C.3 prohibits moving or flashing signs. Remove any moving or flashing signs from the front and rear windows. 3. AMC 9405.1 Remove vanity from bathroom and replace with a wall mounted Lavatory. Remove storage bin from the front of the toilet. These items must be removed to meet all handicapped requirements. Correct as necessary. 4. AMC 9262.4.8 Lighted window signs may not exceed 10% of the window area. Remove one sign from the front window of your business to comply with this violation. 5. AMC 6418.10 requires any Massage Therapist to obtain a required business license. Shi Gao and He Luo must obtain a current business license. Correct as necessary. Notice is hereby given that all violation(s) must be corrected by September 29, 2008. Failure to abate the violation in the time period given will result in the issuance of an administrative citation that would include a monetary fine and /or additional penalty. Thank you for your cooperation in resolving the noted violations. If you ham any questions, I an: at illy desk frog: 7 :30- 9:30arn and 4- 5 :30pn and my phone munber is (626) 574-5421. Sincerely, Robert Swanson Code Services Officer c: Arcadia Police Department Business License Services i-i vrz. oAK #-106 0 3 l 0 0 Cl '"'ss 1W DOOR DUX -`fig Firm Arcadia Center Beauty Care Account# 049143 Firm Arcadia Center Beauty Care Bas. Status Active Firm (Addl) Lia. Statue Active Street 658 Lee Tunes Dr., 8108 Acat ao 048143 City Arcadia, CA 81007 Wanes 048143 Location Inside Lea Type Commercial Phone (028) 322-5700 Man (Add -Q Alt Phone Bean Addr 556 Las Tunas Dr., 8105 Start Date 07/22!2008 man city Amad le. CA 81007 Cleve Data Bas. Bats Retall Ssrvics BID Area DID Rata Owneish ip bole Proprietorship Oae Area 1 Oat Rai; Update 0811312008 as Inup..Aroe Message imp. Statue Summary Screen Owner 1 Shi Hue Geo Arcadia Center Beauty Care Title Owner Phone (626) 322 -6700 License lamed 07122/2008 Application New Application License ehrplrar 06130!2008 Renewal Annual {end 0f 12 months) HAIC Code 812980 - All Other Personal Services ale Code 7298001 - Miscellaneous Personal Services, Not Elsewhere Classified am Type 100 - Message Therapist APN PBIN Mailing List True BEAN Seim — Spealal Coed Yes Notes Beauty Cure and foot message. MT08109 Exp. 712009 -owner i,'.'.. s'�:'. fi d �� S � �titi 4e� 1� Lr�d�� �w i1s aln� � 9d�1 �^ detle Ly¢ei 4 Jr ylr �i e4.M �I y ;fldk ��� v } � — �i Ali f i9 t �� _ry s . . 1 1r t- I i 1 m r�l� I i s 6 a1 d i k Fdd� 4 .DIY/ �� tr i C xxa fa d'hd fL' }- d �dri�h d1 :�. 5 "i' � 1 d +. Y a ir: � ✓ v7. d �x h S y i ?awi } y1 EXHIBIT G Arcadia Police Department Report November 13, 2008 Inspection ARCADIA POLICE DEPARTMENT Incident Report 1. Type, Location, and Time of Incident For Agency Use Onl Cas ' 08' `Y� Type of Incident Wig- . (4 60DJ f34q N('E Location of Occurrence Premise Occurred Date Day Time Nh1Yt L 01.1 on /or 1, p Duff r7 Between Date Day Time Date and Time Beat/RD and b I I 1( II. Reporting Party [ .] Victim [ ] Owner [ ] R/0 [ ] Subject [ ] pdver's License # Lest Name - First Name - Middle Race Sex - Birthdate (Mo /Day/Yeer) Residence Address City State ZIP Code Res # " Call # btAs e s ;e�seorSchoolMndgd Ciy XI ( State Zip Coda , Sb u . b � ruk/A Ili - V I: - 7100 u � r3Z2 700 Ii. Reporting Partv f 1 Victim [ 1 Owner [ I RIO [ ] Subject [ 1 Ddver's.License # Last Name First Name Middle Race Sex Birthdate (Mo/osylYear) Residence Address city State Zip Code Rea# Cell # Business Address or School Attended City State Zip Code - Bus # I III. VehicVe Information I Year, Make, Model, Style, Color, License Plate w /State Suspect Vehicle [ ] Victim Vehicle [ j Other Involved Vehicle [ ] Officer and ID # Supervisor and ID # Date !� . 'X35 1 i6 $ I i i IV. Property Description Article /Make Model Number Serial Number Color Lost/Stolen /Damaged /Found Value 1, 2, 3. 4. 5. ❑ Property Continuation Page Total Value: Officer and ID # Supervisor and ID # Date !� . 'X35 1 i6 $ I i i 11/24/08 08 -4528 On 11/13/08, at 1830 hrs, Officer Orswell and I along with representatives from Arcadia Fire Department and Arcadia Code Enforcement inspected Arcadia Center Beauty care, 556 W. Las Tunas, 106, Arcadia, and spoke with owner Gao, Shi Hua: John Lo, Arcadia Police Department Volunteer in Patrol was used as a translator. This was a follow up inspection from 9103/08. Our purpose was to check to see if the previous violations had been corrected. Violation 6418.19(S), notices, was not corrected. See attachment from Arcadia Police Department. A copy was given to Gao. Jill Perumean, Arcadia Fire Department, inspected the location and found the following violations: discontinue use of extension cords -use surge protectors. The violations must be corrected within 14 days or by 12/13/08. A copy of the violations was provided to Gao. Robert Swanson, Arcadia Code Enforcement and Jeff Wang, Business Inspector, found the following violations: AMC 6418.10, requires any Massage Therapist (Jie Lao) to obtain a required business license. All other violations have been corrected. A copy of the violation was given to Gao to give to the owner. Reports from Arcadia Fire and Code Enforcement are attached. l� " � Date 11 1 02) Name of Business K II I'AA 6AXZ5�.@n" JA Responsible Person 6W C Address SSL, u), x ' � L411 Telephone Number b 401 2-1 -5701 (d-I-! e) • t of ( 2+- ut ) u a > 6418.19. OPERATIONS. b i t ( I !S\ Nov cz 2 M 0 (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the Owner /Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron "s specified anatomical areas, including the genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi -nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health'Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty-watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. ' (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation, All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be.performed`on this massage table. The tables, shall have a minimum height of eighteen inches (18 Two -inch (2 " ") thick foam pads with maximum width of four feet (4) may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises" exterior doors and any doors separating the waiting or reception area from the remainder of the premises °'shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises: No services shall be performed and sums shall be charged for such services other than those posted. (S) otices. The following notice shall be conspicuously posted in a location within the business where sage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. (T) Roster of Employees. The business owner and/or operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times. (U) Records of Treatment. The business owner and/or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist 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 twenty-four (24) months after such treatment or service: These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall•be used only to ensure and enforce compliance with this Division, 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. 6418.19 . g nv I It;t CIF, VIOLATION � . ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU. 830 SOUTH BALDWIN AVENUE ARCADIA, CA 91007 (626) 574 -5104 (e2e) 448-1819 FA_* ❑ No violations noted (NVN)..ThInk you for your cooperation with ft Arcadia Fin Inspection. k Your attention to directed to the Items chockod*below. These violations must be Ltft SafatYR*quIf@MsnI$- For clWfttlon d the items noted, please refer to the FIRE PROTEC77ON SYSTEAfS Service portable fire extinguishers) - 806.2 Fire extingubher(s) required - 906.1 FNe aftaubher(e) moundrg required -906.7 Fire sprinkler- 6 year certification required - 901.8.1 Fire sprWcler eyQem maintenance required - 901.6 Fire alarm system makdenanoe required -901.6 Hood and Dud -.Bra system selvioe.requIted - 901.6' Hood and Dud - system clea ft rallow - 901.6 Exit( Able •y ❑ HOUSEKEEPINGVIOL477ONS Fire resistive construction - 703.1 ❑ . ._ ❑ ' ❑ . ' �. Fire assembly testing and mairdenanca -703.4 Improper storage of combustible tedals - 3152 No atora9a aileWed In bolIerAnecha icatlelecbksl rooms - 316.23 Improper use oflr dacoret matetld - S07 Combustible vege10111" - 304.12 GEVEPAL REQUIREArENTS ❑ Address nublbem -505.1 . ❑ . Knox sox required - sm.1 . ❑ . Secure compressed gas cylinders, A 5 ndders tanks, containers - 30,03.5 1 COMMENTS: I)VO - ) t"Id i lint 41 ' JrCUA .permit Extreme '❑ Other h, ' srll i:1�iL:I You are her'Oliy notified to correct the items checked above within 7 days, or A re- inspection will be held- . aker this date.' .A reinspection fee may be corrections are not. made prior to this te- inspection and a subsequerrt.re-Insp I have read this statement and understand theta fee may be: charged H ccj and additional ra- inspections are nets: Contact Person Si Inspector's Name: ID#: v V� .Company: FPS 102 U Fire and Life Safety In order to meet minimum. Fire and ISection. use of zip cords or extension cords - 805.5 use of muitFpiug cutlets - 605.4 panel access ,606.3 a• hrdlon- 1018.3 diucllon - 1014.4 a operation - 1008.1.8 '.locidrg devleDS - 1008.1.8:3 obatmellon- .1028.3 , absbu61100- 1028.3 k Illu)nlnatlon - 1011.2 r required - two or more ex5s - '011.1 cy backup exit lighting - 1027.5 HALVRDS ulred =App 1 105.1 haza rd-App 1 110.1 rds . r r or to sessed and billed by the City of Arcadia if Ion Is necessary, :lions are not made in a timely manner ry. /l Date: OCCYk v Aaryt) MEMORANDUM Development Services Department TO: Mike Daleo, FROM: Robert Swanson SUBJECT: Inspection done on November 13, 2008 at 556 W. Las Tunas Dr., Suite 106 DATE: November 19, 2008 On November 13, 2008, I inspected the subject business to verify compliance of the Notice of Violation dated September 15, ?8. I have enclosed a copy of this Notice of Violation. As of November 13, 2008, violatio�j�# is not in compliance due to he Luo not having a current business license. Compliance has bee complished for violations 41,2,3,4,6 & 7. A copy of the floor plan of the business indicating which activities are performed in each room has been provided. ✓ City of Arcadia Development Services Department Jason Kruckeberg Depelopment Services Director Shi Hua Gao Arcadia Center Beauty Care 556 W. Las Tunas Drive, Suite 106 Arcadia, CA 91007 September 15, 2008 Re: Commercial Code Enforcement Notice of Violation at 556 W. Las Tunas Drive, Suite 106 in Arcadia Dear Business Owner, Recently the City of Arcadia staff conducted 'an inspection at the Arcadia Center Beauty Care at 556 W. Las Tunas Drive, Suite 106 in Arcadia. At this inspection, staff identified the following violations of the Arcadia Municipal Code (AMC): 1. AMC 9262.4.13 requires an owner to obtain a banner permit for a displayed banner. Obtain this banner permit from Planning Services or remove "Grand Opening" banner from rear wall of the business. 2. AMC 9262.4.3.C.3 prohibits moving or flashing signs. Remove any moving or flashing signs from the front and rear windows. 3. AMC 9405.1 Remove vanity from bathroom and replace with a wall mounted Lavatory. Remove storage bin from the front of the toilet. These items must be removed to meet all handicapped requirements. Correct as necessary. 4. AMC 9262.4.8 requires that lighted window signs may not exceed 10% of the window area. Remove one sign from the front window of your business to comply with this violation. 5. AMC 6418.10 requires any Massage T p t to obtain a required business license. Shi Gao and le Luo ust obtain a current business license. Correct as neces m 6. AMC 6418.19C requires that all employees shall wear clothing similar to uniforms worn in a medical office. 7. AMC 6418.19M requires a permanently installed soap dispenser be provided at the restroom hand wash sink. 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5414 1AIM 4e7-a3no P�,. Notice is hereby given that all violation(s) must be corrected by October 15, 2008. Failure to abate the violation by this date may result in the issuance of an administrative citation that would include a monetary fine and/or additional penalty. Thank you in advance for your cooperation in resolving the noted violations. Shi Hua Gao Arcadia Center Beauty Care, 556 W. Las Tunas Dr., Suite 106 Re: Notice of Violation September 15, 2008 — Page 2 Additionally, to ensure compliance with the Arcadia Municipal Code, you must provide Code Services with a floor plan of the business indicating which activities are performed in each room and provide Code Services with a copy of your roster of all employees and/or independent contractors along with copies of their Massage Therapist ID cards. Furthermore, AMC Section 6418.5 limits the operational hours for a massage therapist to 7AM to 9PM. Therefore, there must be no massage activities after 9PM, and these hours of operation must be conspicuously displayed. Should you have any questions or concerns regarding this matter, please contact Robert Swanson at (626) 574 -542L City Hall is open from 7:30AM- 5:30PM Monday thru Thursday and 7:30AM- 4:30PM on Friday. City Hall will be closed on September 26 and Octoberl0, 2008. Sincere , Robert Swanson Code Services Officer c: Arcadia Police Department Business License Services Building Services STAFF REPORT Development Services Department DATE: February 17, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director:TqC By: Jim Kasama, Community Development Administrator Prepared By: Silva Vergel, Business License Officer SUBJECT: Appeal of business license revocation for non- compliance with the City of Arcadia Massage Identification Card and Business License requirements by Ocean Health Center at 556 W. Las Tunas Dr., #201 RECOMMENDED ACTION: Deny appeal and uphold revocation SUMMARY The Business License office revoked the license for Ocean Health Center located at 556 W. Las Tunas Dr., #201 on January 9, 2009 at the request of the Arcadia Police Department for non - compliance with the following City of Arcadia Massage Identification Card and Business License requirements. A copy of the revocation letter is attached as Exhibit A. 6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES. it shall be unlawful for any person to own, conduct, permit, or manage a business establishment having a fixed place of business for the sole and primary purpose of deriving income or compensation from massage therapy business activities. Massage therapy business activities shall be purely incidental and secondary to any established business. Massage therapists may operate at (a) an established medical office, including, without limitation, an office of an acupuncturist or a physical therapist, and ( b) a day spa or salon. 't All such established businesses shall comply with all building and zoning regulations, the regulations of this Division, and all other applicable requirements of law. 6418.11. BUSINESS LICENSE REQUIRED. Upon receipt of a Massage Therapist Identification Card, the applicant shall furnish the Card to the Business License Office and obtain the required business license, which includes obtaining approval from the Department of Development Services, Planning Services, of the proposed business location. Owners of businesses providing massage therapy services shall fumish the Owner /Operator Identification Card to the Business License Office and shall maintain a current business license. No business owner shall operate a business that provides massage therapy services unless such owner has a current business license, and a current Owner /Operator Identification Card. Ms. Xiuqin Sun, owner /operatorof Ocean Health Center filed an appeal of the Business License revocation on January 12, 2009. A copy of the appeal letter is attached as Exhibit B. The Business License Review Board met on January 22, 2009 and 'voted 3 -0 to recommend to the City Council that the revocation of the business license for Ocean Health Center be upheld per Arcadia Municipal Code (AMC) Section 6216.7, which is cited below. The Board's recommendation is based on findings.that Ocean Health Center is in violation of the abovementioned Arcadia Municipal Code Sections 6418.3 and 6418.11. The minutes of the Business License Review Board are as attached Exhibit C. BACKGROUND Per Arcadia Municipal Code Section 6216.7, the Business License Officer can revoke a license when there is a violation of any law(s): 6216.7. REVOCATION. The City License Officer may revoke any business license when the holder has violated any of the conditions of said license, or has violated or permitted to be violated any law or laws of the United States or the State, or any ordinance applicable to the premises where the business covered by said license is conducted, or in connection with said business. Further, a license may be revoked pursuant to the same grounds specified in Section 6216.6 for denial of issuance of a license. In this case, Ocean Health Center has violated AMC Sections 6418.3 and 6418.11. Business License revocations are appealable to the City Council, but any appeal is first reviewed by the Business License Review Board; an advisory body to the City Council on business license revocations. The Board's findings and recommendation- are then transmitted to the City Council and the appeal is considered at a public hearing. Business License Revocation Ocean Health Center February 17, 2009 Page 2 DISCUSSION Ocean Health Center was issued a City of Arcadia business license for an acupuncturist's office on January 17, 2007. The business license was for the operation of an acupuncture business and not for massage therapists. AMC Section 6418.19 (attached as Exhibit D) requires that massage therapists obtain both a Massage Identification Card issued by the Police Department and a business license. In this case, the massage therapists were able to present their Police issued Identification cards but not the required business license. The revocation request by the Arcadia Police Department was based on violations of the AMC Sections 6418.3 and 6418.11 discovered during inspections and background research. Per AMC Section 6418.3, massage must be secondary to the established business. The Police Department reported that massage is not incidental or secondary to this business because on three separate visits by the Police Department the acupuncturist was not present; however, a massage was available. The Officer was told that he just missed the acupuncturist; which indicated to him that massage is not secondary and incidental to the established business. In addition, the massage therapists working at this facility could not provide copies of their business licenses, and several building and fire code violations were observed. The Police Department's report of the September 3, 2008 inspection is attached as Exhibit E. A follow up inspection was conducted on November 13, 2008, which showed that most of the building and fire code violations had been corrected. The Police Department's report of the follow -up inspection is attached as Exhibit F. In addition, the Police Department conducted an Internet search and found that prostitution was possibly taking place at the facility. The printout attached as Exhibit G outlines the services provided at the location. The business license for Ocean Health Center was revoked on January 9, 2009 and the owner of Ocean Health Center appealed the revocation on January 12, 2009. At the Business License Review Board Hearing, the applicant's attorney provided IRS returns and three months of receipts showing that they are a legitimate business. He stated that there has been a lot of construction and that is why there have been many building violations, but they are attempting to make corrections. Board Member Quach questioned the income that was received from massage versus the acupuncture service and the reasons why the receivables for massage were substantially higher than the acupuncture service. Axca&a- Development Services Department Jason Kruckcberg Dcpelop rent Serpicer Director. 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066.6021 (626)574.5414 (626) 447.3309 Fax Business License Revocation Ocean Health Center February 17, 2009 Page 3 SUBJECT: Revocation of Business License No. 047369 Dear Ms. Sun: The purpose of this letter is to inform you that Business License No. 047369 for an acupuncturist's office located at 556 W. Las Tunas Dr., #201 is being revoked. Said revocation is due to violations of the Arcadia Municipal Code that have been listed below: 1. 6418.11. Non compliance with the City of Arcadia Massage Identification Card and Business License requirements. 2. 6418.3 Massage therapy business activities shall be purely incidental and secondary to any established business You are to immediately cease the operation of your business within the City of Arcadia. . Continuing to operate the business in the City without a license violates Arcadia Municipal Code Section 6211, which constitutes a misdemeanor. Per Arcadia Municipal Code Section 6216.8 (attached) you may appeal this decision within five (5) days of the receipt of this notice. Said appeal must be made in writing and delivered to the undersigned. If you have any questions, please contact svergel@ci.arcadia.ca.us. ely, ilva Vergel Business License Officer me at (626) 574 -5430 or at Enclosures C: Xiuqin Sun, 6353 N. Rosemead, #124, San Gabriel, CA 91775 Richard and Grace Sien, 724 Rodman Cir, Monterey Park, CA 91754 (property owner) Detective Bonomo, Police Dept. EXHIBIT A Revocation Letter Based on the testimony received, the Business License Review Board voted 3 -0 to recommend to the City Council that the revocation be upheld. The Board's decision was based on a finding that massage was not secondary to the acupuncture business. RECOMMENDATION The Business License Review Board recommends that the appeal be denied and the business license for Ocean Health Center be revoked. If the City Council decides not to revoke the business license, staff recommends the following conditions: 1. The business license be subject to review by the City Council for twelve (12) months. Should any violation occur, it shall be brought directly to the City Council's attention, at which time the City Council may revoke the business license in accordance with Section 6216.7 of the Arcadia Municipal Code. 2. The business must be in compliance with the Arcadia Municipal Code, and all other relevant State and Federal regulations. Approved: Penman, City Manager Attachments: Revocation Letter (Exhibit A) Letter of Appeal (Exhibit B) Business License Review Board Minutes of January 22, 2009 (Exhibit C) Arcadia Municipal Code Sections 6418.19 (Exhibit D) September 3, 2008 Inspection Report (Exhibit E) November 13, 2008 Inspection Report (Exhibit F) Internet Printout (Exhibit G) W. Pasadena t Telephone Century City (626) 356.8880 Shan Law Offices of Paul P. Cheng Facsimile Taipei 301 N . Lake Av e., 8'" Floor, Suite 810, Pasadena, CA 91101 (888) 213 -8196 January 13, 2009 FIRST CLASS MAIL, FACSIMILE TO: 626- 447 -3309, AND EMAIL TO: svereelna,ci.arcadia ca us JAN < 7009 Silva Vergel 240 W. Huntington Dr. PO Box 60021 Arcadia, CA 91066 -6021 Re: Ocean Health Center — 556 W. Las Tunas Dr., #201, Arcadia, CA 91007 Revocation of Business License No. 047369 Dear.Ms. Verge]: Thank you for your collegial and congenial attitude pertaining to my client. Please be advised that this letter is being done to appeal the decision denying my client her business license. (No. 047369). As such, we would request for a review of such decision as expeditiously as possible. Very Truly Yours, Paul P. Cheng, Esq., J.D. EXHIBIT B Appeal Letter EXHIBIT C Business License Review Board Minutes of January 22, 2009 4. REVOCATION OF BUSINESS LICENSE NO. 047369 Ocean Health Center 556 W. Las Tunas Drive, #201 Business Owner /Appellant: Xiuqin Sun Attorney: Paul P. Cheng REQUEST: Appeal of the revocation of Business License for violations of the Arcadia Municipal Code listed below: A. 6418.11. Non - compliance with the City of Arcadia Massage Identification Card and Business License requirements. B. 6418.3. Massage therapy business activities shall be purely incidental and secondary to any established business. The staff report was presented by Business License Officer, Silva Vergel: A business license was issued to Ocean Health Center on January 17, 2007 and based on inspections by staff and the Police Department the license was revoked on January 9, 2009, for non compliance with massage identification card requirements and because the massage business is not incidental and secondary to the primary business. The public hearing was opened. The initial inspection by Reserve Officer Mike Daleo on September 3, 2008, revealed four violations, i.e., no posting of services and prices, absence of notices in lobby and massage rooms that doors will remain unlocked, no roster of employees and no records of treatment. On November 13, 2008, a second inspection was conducted and it was determined that all violations had been corrected. Code Services Officer Robert Swanson presented a letter dated September 15, 2008, that stated there were six code violations. Since then, five of the violations have been corrected and the last violation, regarding a shower room, is pending completion of work. Detective Bonomo said that he has visited the business three times and has never met an acupuncturist. He was always told that he had just missed the acupuncturist but that he could have a massage, leading to the conclusion that massage is not secondary and incidental to acupuncture. Mr. Chang, attorney for Ms. Sun, said that they have provided IRS returns and three months of receipts to show that they are a legitimate business as an illegal massage business would not have so many credit card receipts. He also offered to provide any additional documentation required to substantiate his client's case. Mr. Chang agreed that, since the business has been constantly in a state of construction, there have been building violations which they are working to correct. He said that his client is working in good faith to resolve the violations. Reviewing the documentation Mr. Chang provided, Mr. Thompson asked him to explain the totals. Mr. Chang said there are different rates for various services. For example, a basic acupuncture treatment is $60. Deputy Fire Chief Haney asked how many employees work at the business and Ms. Sun said there are a total of three. Business License Review Board Minutes — January 22, 2009 Page 6 of 7 Mr. Quach noted that although the business license is primarily for acupuncture, the quarterly. earnings are $6000 for massage services and $1500 for acupuncture. He asked why an acupuncturist is listed as the only employee. Ms. Sun explained that a second masseuse joined the staff in the fourth quarter after she had obtained her business license. Mr. Quach asked Ms. Sun why the offices are being divided into many small rooms. Ms. Sun said that during the acupuncture treatment the patient is sometimes left alone in the treatment room and the acupuncturist is free to serve other patients in other rooms. Deputy Fire Chief Haney pointed out that Detective Bonomo visited the business three times but never met an acupuncturist, only massage was available, which puts the legitimacy of the business license in question. Mr: Chang said that these are reasonable concerns and that his client is willing to meet any requirements to avoid revocation of her business license. He suggested that the Board provide a list of requirements and said that his client will complete the list or be working on it when there is a follow up inspection. Mr. Quach asked if the issue of illegal walls has been corrected and Code Services Officer Swanson said it has except for the completion of the shower room. Mr. Swanson said the Building Inspector performs that inspection and he is not aware if it has been completed yet. Mrs. Vergel pointed out that the handicapped shower has been completed. Without objection the public hearing was closed. MOTION: It was moved by Deputy Fire Chief Haney, seconded by Mr. Thompson to make recommendation to the City Council to deny the appeal and uphold the revocation. ROLL CALL: AYES: Haney, Thompson, Quach NOES: None Adjourned 5:10 pm COMMUNITY DEVELOPMENT DIVISION REPRESENTATIVES: Jim Kasama, Silva Vergel, Robert Swanson, Jason Kruckeberg, Terry Moore and Billie Tone Business License Review Board Minutes — January 22, 2009 Page 7 of 7 EXHIBIT D Arcadia Municipal Code Section 6418.19 Remove hiahlighting. ARTICLE VI BUSINESSES PROFESSIONS TRADES AND OCCUPATIONS PART 1 ENTERTAINMENT ENTERPRISES 6418.19. OPERATIONS. (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the OwnerlOperator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas, including the genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi -nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (1) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. http: / /municipalcodes. lexisnexis. com/ cgi- bin/hilite.pUcodes /arcadia/ DATA/TITLE06/PAR... 2/9/2009 .. -..... a i . va .. a�a � i ava � ✓. a ugv ., ..a (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18 "). Two -inch (7) thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises' exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service, offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and no sums shall be charged for such services other than those posted. (S) Notices. The following notice shall be conspicuously posted in a location within the business where massage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. (T) Roster of Employees. The business owner and /or operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business fora period of two (2) years following termination. The business,owner and/or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times. (U) Records of Treatment. The business owner and /or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service http: / /municipalcodes. lexisnexis .comlcgi- binlhilite.pl/ codes lareadia /_DATAITITLE061PAR... 2/9/2009 - -I- .._ rendered. A short medical history form shall be completed by the massage therapist 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 twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, 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. << previous I next >> http : / /mur icipalcodes. lexisnexis .com/cgi- bin/hilite.pl /codes /arcadia/_DATA/TITLE06/PAR... 2/9/2009 EXHIBIT E Arcadia Police Department Report September 3, 2008 Inspection INCIDENT REPORT I: TYPE, LOCATION AND TIME OF INCIDENT Location of Occunence LAS TUtiA-e- may{ Date and Tlme q " ZF+AQ (Q 10 - - vn..^I awn t Make, Model, Slyle, Color, Llcanse Plate w/State suspect vehicle p Victim Vehicle ❑ Other Involved Venice ❑ Page_ of — For Agency Use Only y Case No. Q T ' 4Sa - ] Occurred Date Day Ty (�� Between � D Date Day Th and rvu' a J n cense # 7 G =F6 Sex te (MO/Day/Veal - (4- 5S S'ru &zj /kY2o'ADr A �fl G f AA r7fl'4 _ A . e •,-, ware Supervisor and ID # Date bU-L. * 3 j c �_� 09/08/08 08 -4527 On 09/03/08, at 1741 hrs, Officer Orswell and I, along with representatives from Arcadia Fire Department, Arcadia Code Enforcement and Arcadia Building Department Inspector, inspected Spring Spa, 556 W. Las Tunas, Arcadia, and spoke with Zhaouquin Bu, a Therapist who works there and was in charge. The location also goes by the name Ocean Health. This was an initial inspection. Our purpose was to check to see if there were any violations relative 'fo theraplars licenses, ID cards, posting of required signs, notices that doors are to remain unlocked for periodic inspections by the Arcadia Police Department, Roster of Employees and Records of Treatments. As part of the visit we confirmed valid licenses for therapists Mimi Dung and Zhaogn Bu, who were present. See attachment from Arcadia Police Department. The violations found were posting of prices (cost and time), notices of "working in cooperation with the police department_. % Roster of Employees and Records of Treatment. A copy of the violations was given to Therapist BU who said she would forward to the owner. Our document is attached. Jill Perumean, Arcadia Fire Department, inspected the location and found the following violations: fire extinguisher must be serviced annually, fire sprinklers must be added to remodeled area, discontinue use of extension cords, outlet above shower should be a GFCI and that the sign above door must read "This door to remain open during business hours." In addition, pictures of violations are attached. The violations must be corrected within 14 days or by 9/17/08. A copy was given to Zhaoquin Bu to give to the owner. Robert Swanson, Arcadia Code Enforcement and Jeff Wang, Business Inspector, found the following violations: AMC 8110, requires owner to obtain a building permit for all required tenant improvements' any unpermitted walls and shower room or submit plans to Planning and Building Services for approval and obtain required permits, AMC 9262.4.3.C.3, prohibits moving or flashing signs. Remove "OPEN" sign from front window of business, AMC 9405.1, Remove large box from under lavatory and adjacent to the toilet. This box must be removed to meet all handicapped requirements, AMC 6418.17.F, towels and linens shall be laundered promptly after each use. In addition, pictures of violations are attached. These violations must be corrected by 9/29/08. A copy was given to Zhaoquin Su to give to the owner. Reports from Arcadia Fire, Code Enforcement and Building Inspector are attached. ^ PJ PART 1 ENTERTAIN ENT ENTRROCieen 8 - 19 . OPERATIONS. Ctwl(L> A) identification Cards. Each massage there w, L sfavl the Massage Therapist Identification Card required by this I Div Division and I photo p Identificatio n. Such card and Identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the ` Owner /Operator Identification Card required by this Division and a valid photo Identification. Suc card and identification shall, be provided to City regulatory officials upon demand. of License. e Issued pur o this Division m n an open and co s c place on the business premisees where massage therapy services are erformed. t (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, chest area. similar to uniforms worn In medical Iffices, and shall provide complete covering of the genitals; pub(c area, buttocks, anal area and i (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing Instruments used In massage. a (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas, including the genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. ,(F) Linen. Towels and linen shall be changed and laundered promptly after each use, Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that de ics nudity or semi - nudity or em Io I { eery Cos (H) Discrimination air ra . No massage therapist may discriminate or exclude patrons on the basis of thce, sex, gulstlons. religion, age, handicap or any other clas TOWS, rules or resificetioh protected undef federal or state a? ()).(nap ections and Searches. The business owner /operator, and massage therapist g a Itto Identifi ndition to the I s a ssuance of each Massage Therapist Identification Card, Owner /Operator cation Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police i Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. .4k {,I), Lighting, The lighting In each massage room shall be at Le tt White light bulb eat one (1) sixty-wa tend shall be activated at all times while a patron is in such , No strobe flashing U9hts_rrlay be used, No colored li ro ghts shall be used nor shall any Coverings be or enclosuree used which . change the color of t hs primary light source. _ (K) Venfllatton. Ventilation shall be provided in accordance with of the i the applicable provisions building and construction codes adopted by the City of Arcadia. ,(L) Building Permits. All building,, plumbing and electrical installations shall be installed under permit and Inspected by the Development Services Department Such installations shall be v installed in accordance with the applicable provisions of the building and constnicflon codes,. adopted by the City of Arcadia. (M) Bath Facilities. separate washbasin shall be provided A minimum of one (1) toilet and one (1) for patrons. Soap or detergentand hot running water shall be provided to patrons and employees at all times end shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with'soap, and a single Service towel dispenser shall be provided at the restroom hand wash sink, No bar soap may be used. A trash receptacle shall be provided in each toilet room. h .. 4. nicipalcodes.lexisnexis,com /codes /areadia/ DATA /TITI E06/PART1�Ej _�TERT... @ .<.., 9/3/2008 T ' suggest to a prospective patron that any other services are a allab e other h than thog a o'ably in the text of such w Q . authorized by this ivision n "j (N) Separate Rooms,. If male and female patrons are to be treated simultaneously, the following a� &hell be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is In operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided In each massage room or enclosure and the massage shall be pen`ormad.on this massage table. The tables shall have a minimum height }qf eighteen Inches (18 °). Two -(nch (2 ") thick fcamp ads with maximum width of four Feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof matarial. Beds, floorme reases'end waterbeds are not permitted on'the business Premises: (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being looked. , The business premises' exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain - -acked during business hours. (R) posting. Each service offered, the price thereof and the minimum length of time such service rformed shall be posted in a the public location on the business premises. No .tervloss shall be performed and no sums shall be charged for such services other than those �asteri jPW Otices. The following notice shall be conspicuously posted in a location within the business ere massage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: . IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. x (T) Oster of Employees, The business owner and /or operator shall maintain a register of all sage therapists and employees, showing the name, nicknames and aliases used by the VA " zfnassage therapist or employee, home address, age, birth date; gender, height, Weight color of Ir and eyes, phone numbers, social security number, date of employment and termination, if l r. any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and /or operator shall make the register of massage fba raplsts and employees,evailable immediately for inspection by the City regulatory of iclals r .. u n demand at all reasonable times. v (U Records of Treatment.. The business owner and /or operator shall keep_a record of the dates hours of each treatment or service, the name and address of the patron, the name of the c massage therapist administerin such service and a description of the treatment or service ndered. A short medical hist ry form shall be completed by the massage therapist 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 twenty-four (24) months after such treatment or service. These records shall be open to Inspection upon demand only by pfficials charged with enforcement of this Division and for no other purpose. The City A A regulatory officials shall periodically Inspect the records to ensure compliance with this Division. F Such records shall be kept at the business. The information furnished or secured as a result of -. 0ny such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State. or Federal laws, and shall remain confidential. Any unauthorized w+ :disclosure or use of such information by any officer or employee of the City shall constitute a 'T misdemeaner- 6418.18 s << Previous I Dext >> 1:•. ir(, • t N http' / /munic,ipalcodes,lexisnexis,com /codes /arcadia/ DATAMMEWPART_1 ENTERT... 9/3/200$ f ham; :r ARCADIA FIRE DEPARTMENT Date. U FIRE PREVENTION BUREAU 630 SOUTH BALDWIN AVENUE DBA : ARCADIA, CA 81007 a (626) 674.5104 (626) 445 -1819' FAX ' aunt Ad rasa fSCCV# ❑ No violations noted (NVN ). Thank you for your cooperetlon adlh the Arcadia Fire Depannmt during your Fire and Lfie Safety L]t Your abandon directed to the Kerns n oft Dab_. T hgypg,M0196orre HIM be corrected in order to meal ml i Lb e Safety Requirements. For clarifica of the 4 ___ ems noted .Obese refer to the oommems a",-- n mum Fire and h7rg PRt97ffD77t)k S1'S,F�AfS C- Service lionatlb gr`d exbnpolsheKs) -606:2 FYrd bxbrigulehdr(a) fbqul eA - ao&., Fire eMlnpulaher(s) moun etil required -906.7 Fire sprinkler- 6 year 66rt%agdn requked- 601:8:1 Fire sprinkler system nib'inabtianda required - gU1.6 Fke abmr syafem maddeaande riepired - 901.6 ❑ Hdod add Duct— fire system serviod requlri3d - 901.6 ❑ Head and Moat- syalbin aba(ang required- 901.6 ❑ Pre rMiikracodet6ftri -709.1 t4 I� J �.� ir Fke ek"nibly resgng and dreblenahce- 703A Ir"ObOr storage ofcombuatibW r6otbrlets - 315.2 No atora0b asow" kt bdllsrMlechshklaUaleclflcal rdohra - 315.2.3 Improper ute cf ibmbaalibb:detloratRra meledel -807 04'M"ble wag'uW01% - 304,12. (� fmprtlyerr# arils! l) Cbnd3�ar- eMB.iidticc56�rda -8b5«5 ImpaTg3er use of hrWdpWg 011110% -805.4 ElettdbaY pa(fbl 605.3 f I Corregelecdcalhaiard - 605.1 W FXrrwauh4Ese" Eidt obatnrabon 1028:3 Able dllatrucOttn 1 �dtfbfa- ApfaraTbl1- 1006:1,8. E4U door btddng daYloap _ 1008:1.,8.3. CcMtloro6k(trktbh- 1086;3 SfdQNyy o5slttrb8bn - 102$.9 EA tgn IBamcabtbh- 1011.2 Etf]t xagna fequlretl hbo or more exile - 1011.1 �iyrRt9fin� L19akftp eaft dgMaryg:- 1037;5 Q6A+EA,9�t a�' �4YWtJS ❑ Address ntlmaena'- 80b.1 PdymB ragdlr$d -App 1 1Q5.1 Knak Bock raqulredf 606.1 F- r8t;ath$hRkard -App 1 1100, ❑ Secure ownpre'peed,gEiB cylinders, tanks, containers - 3003,5 ❑ Othbl` hatafds« ' �YtP /f'8 -rd .� . �• �• �: rm , }yTgrl.,v�+cor>'8�r {A;<75��'� r7j3( i'3'318d� 117 ii i�li9B/y' ll"��hr1l'il� Contact Parson Sign Inspector's Name; Date: tD#; �✓ Company: FPB 101 " Pain's ID #, era neretry notified to aQrreot the item6. eh± eked a m A r bove whhfn 14 days, or prior to char / - Q A re ih &pectivn'wtll b6 held c Q: n t(tis cafe at nn ge: e(nspaodGn fee: ChY of Arcadia if correatiohs ar9 root tnadg prior to this re- (hspeCtton.arid a subsaquatlt rein pe n is necessary, ot by thf i Isar- figati [ 9f1t HYls� rier�nr:.JYi< _. r . �: �3�F � ,�� ,r,,.. ,, '..i l,f, n �I /rl, �� i \ /� / , �,, i1' '. �( sprinkler heads missing ion cord in bathroom Regal electrical device September 8, 2008 Ocean Health Xiuqin Sun 556 W. Las Tunas Drive Suite #201 Arcadia, CA 93006 Re: Commercial Code Enforcement Notice of Violation at 556 W. Las Tunas Drive Suite #201 in Arcadia Dear Business Owner, On September 3, 2008, the City of Arcadia staff eenducted an inspection at Ocean Health Center at 556 W. Las Tunas Drive Suite #201 in Arcadia. At this inspection I identified the following violations of the Arcadia Municipal Code (AMC). , .AMC 9110, California Building Code (MC) 105.1 requires an owner to obtain a building permit for all required tenant improvements, Remove. any unpermitted walls and shower room or submit plans to Planning and Building Services for approval and obtain required permits. 2. AMC 9262.4.3 .0 .3 prohibits moving or flashing signs. Remove "OPEN" sign . from the front whtdow of the business.. 3. AMC 9405.1 Remove large box from under lavatory and ad tuxtit to the toilet, This box must be removed to meet all handicapped requirements. Correct as necessary. 4. AMC 6418.17.F Towels and linens shall be laundered promptly after each use; Carrectas necessary. Notice is hereby given that all violation(p) must be corrected by September. 29 2008. Fellure to abate the violation In the time period given will result in the issuanoe of an adtuinistrative citation that would include a tttonetary fine and/or additional penalty. Thank you for your cooperation in resolving the noted violations. If you have any que#Iotts, I an: at aty desk front %V- 9,Mant and 4.WW Opst and my plrotie ititinber Is (620) $74 -542L Sincerely, Robert Swanson Code Services Officer ei Arcadia. Police Department Business License Services Building Services Planning Services 1 1 I_. 1` r I 1 I 1 l i I l i 1 1 ? 1 f I { • I t �yy I 1 •��r I r 1 N I( l I r ;'1 1 _' 1 r � Y `3 r 1 r' r I 1 - 2 y f. { q I p Ji pr SCE " 41. ffe" I ....... V N W P, tu Q, Yl .A -tIII� v zi Ti !JI' % 1 47, IF h .1o" 71 I 4A `IA . . . . . . . . . . lo T"'if rj T� e", 4, fz� Or El 10 EXHIBIT F Arcadia Police Department Report November 13, 2008 Inspection PULICE DEPARTMENT Incident Report 1• Type, Location, and Time of Incident Type of Incldent M 1 S C. T �P.P1 t.�ik AfG� Location of0ccunence TS H. Reporting Party [ 7 Victim[ ] Owner [ 7 R/O [ 7 Subject [ 7 Last Name First Name Middle SUN �( Residence Address U (lJ Promise Occurred Date Date and Time Reported Between Beat/RD [-t7 , S twi �u t I f a3 a t I and b Dale City State Zip Code Bus�i�nes�s / dre or School Attended City Qt =1"�fJ }jj4 r , y r e t[. „ i A _ State ZIP Code Cfr- •. ftVss'q'D1fl -- (� C llQ6� Reporting Party [ j Victim [ ] Owner[ j R/0 [ 7 Subject, ] Last Name First Name - Middle Residence Address City - State Zip Coda Business Address or School Attended City State Zip Code 1 111, Vehicle Information Year, Make, Model, Style, Color, License Plate w /State 1. 2. 3. 4. 5. IV. Property Description Article /Make Officer and ID # ¢fit , -0 O&J-6 -* - 0 Model Number =u Day Time 7I1v� ff Day Time Driver's License # Race Sex SIrthdete (MO/Day/Year) Res # C # C�2 Dnver's.Ucensa # Race Sex Birthdate (Mo/Day/Year) Res # Cell # Bus # Suspect Vehicle[ 7 Victim Vehicle I 1 Other Involved Vehicle 1 3 . Bartel Number Color Lost/Stolen /Demsged /Found Value ❑ Property continuation Page Supervisor end ID # Total Value; Date Paoe 'of 11/24/08 08 -4527 On 11/13/08, at 1930 hrs, Officer Orswell and I, along with representatives from Arcadia Fire. Department and Arcadia Code Enforcement inspected Arcadia Ocean Health, 556 W. Las Tunas, 201, Arcadia, and spoke with Massage Therapist Sun, Xiu Oin (MT08148). Sun had a current license. John Lo, Arcadia Police Department Volunteer in Patrol was used as a translator. This was a follow up inspection from 9/03/08. Our purpose was to check to see if the previous violations had been corrected. All violations from previous visits were corrected." See attachment from Arcadia Police Department. A copy was given to Sun.- Jill Perumean, Arcadia Fire Department, inspected the location and found the following violations: provide fire sprinklers in remodeled areas -all work must be done by C -16 licensed contractor- provide plans /obtain permits, discontinue use of extension cords- microwave. Violations must be corrected within 7 days or prior to 12/13108. A copy of the violations was provided.to Sun. Robert Swanson, Arcadia Code Enforcement found the following: AMC 8110, California Building Code 105.1 requires an owner to obtain a building permit for all required tenant improvements. In addition, he found an unfinished wall in the rear massage room. A copy was given to Sun. Reports from Arcadia Fire and Code Enforcement are attached. Late III 1- y Y Name of Business ( WA U 1 Responsible Person A G ( h) j Address SSlo LO t d Zf7 ,0 wad og f 4�j x , t1ad� y]cE �L L Telephone Ni P u1rx�S (AovA�s c� 641 K Iq ,s rtu) 6418.19. OPERATIONS. l a660 ,x,46 J (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall a all times have in his or her possession the Owner /Operator Identification Card required by this Division and valid photo identification. Such card and identification shall be provided to City regulatory officials upon dei (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuan this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing sha be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capab] of covering the patron "s specified anatomical areas, including the genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under. this Division shall place, publish or distribute, or caus to be placed, published or distributed,, any advertising matter that depicts nudity or semi - nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuan of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shi be deemed to consent to the inspection of the business premises by the City Development Services Deparhner Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (I) Lighting. The lighting in each massage room shall be at least one (1) sixty-watt white light bulb and shall t activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light sourct (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building ani construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department, Such installations shall be installed in accordance with tb applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided a the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet ro (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided:. separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall l thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18 " " ). Two-inch (2 " ") thick foam pads with maximum width of four feet (4) may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises" exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and no sums shall be charged for such services other than those posted: (S) Notices. The following notice shall be conspicuously posted in a location within the business where massage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. (T) Roster of Employees. The business owner and/or, operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes,.phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times. (U) Records of Treatment. The business owner and /or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist 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 twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, 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. 6418.19 .. , •• ..vim Wr v rvr.q r 1 ARCADIA FIRE"DEpAj:rWENT FIRE PREVENTION BUREAU'. 630 SOUTHBAI;V AVENUE I. ARCADIA. CA 91007 (626) 574 -5104 (626)445 -1819 FA�C [� I N vloletlo ur ns nosed (NVN). Thank you for your cooperation with the Arcadia Fira Department during p Yo Fire and Life Sefery K NO our atlon cn Is directed to the items oheckad below, These violations must be in order to meet minimum Fire and 8111 Requirements. ForolerMlestion of the Rams noted, please refer to the mmerds section. . FIRE PROTEC77ON SYS7EM8 FLEC CAL HAZARDS ❑ Service portable fire sidinguisher(s) - 908.2 Fire errtirrgulsher(s) required -906.1 Im r use of ztp c or extension ccords - 805,6 ❑ .Z cords ❑ Flee exNnguishegs) mounting required -906.7 Imp r use of 2V cords outlets _ 605A o ❑ I panel aC - outl Fire Sprinkler -5 yaarcertHbaMon required- 901.6.1 Fire spdnkbrsyslemmebdenancerequired -901.8 ❑ Come electrical hazard -605.1 �. Fire alarm syslem malnbnance required - 901.8 ❑ Hood andbuct - fire system service required -901.8 FX? QW7.7EAfENT3 ❑ U ❑ Hood and Dud- syatem•cleaning rrsquired - 901.8 Wction-1028.3 Aids tnrcMon -1014A HOU5F7(EEEP#NGV/OL1TIONS '_Exk'd -"operation- 1006.1.8 Lj •W or lcddrYpvdevices- 1008:1.8.3 Fire 8 a com and abda ❑ Conid r obstruction - 1028.8 Flee 88 te andmahrlenateri -7031 ❑ Star y obstruction - 1028.9 ❑ Impreperstorepe of wrnbuetible Materials -3153 [� .,ExH n Illumination - 1011.2 ❑ No storage allowed In bolarAnechanlcayeleeuicai uooms - 315.2.3 . , �.. Exit s ns required -two or more exits - 1011.1 Improper use of cornbust ble decoratIle matedaL- 807 ... Im a nay bae kup 04 Minp - 1027.6 . ❑ Combustiblo vegetation - 304.1.2 EM IS GENERAL'REQUIRFM&I SPEC HAZARDS Address numbers -605,1 ❑ Perm required - App 1105.1 Knox Box requlred -508.1 ❑ Extra ahasaat -App 1110.1 secure compressed Otber rds - presaedpas cyllndere, facto, containers - 3009.5 COMMENTS: J. Reinspeotion Fee will be assessed. You are hereby notified to correct the Items checked within 7 days, o prior to ' z- -02 A re Inspection wig be held o or. this date: A reinspection fee may . assessed and billed by the City of Arcadia I corrections are not made prior to this re- Inspection and a subsequent re, -ins action Is necessary. I have read this statement and understand that a fee may be charged if ri ections are not made In a timely manner and add /t/ al 18- Inspections are n ssery. Contact Person Sign re: Date: ector's Insp Name: ID#: - �Z )5 Com pan y : 1 P y °-- �epteIn's ID#: ��-- -- OCCY# -' MEMORANDU Development Services Departmi TO: Yoke Daleo, I FROM: Robert Swanson SUBJECT: Inspection done on November 13, 2008 at 556 W. Las Tunas Dr., Suite 201 DATE: November 19, 2008 On November 13, 2008, I inspected the subject business to verify compliance of the Notice of Violation dated September 15, 2008.1 have enclosed a Copy of this Notice of Violation. As of November 13, 2008, violation 41 is not in c ompliance due to an open building.permit for the construction of 4 new shower room. I also observed an unfinished wall in the'rear massage room. Compliance h4 been' accomplished for violations #2 thru #6. A copy of thefloor plan of the business indicating which activities are performed in each room has been provided. G of A cadia Development Services Department Jason Krucitebeig Development Semi er Director 240 West Huntington Drive Post Once sox 60021 Arcadia, CA 91066.6021 (626) 574.5414 (A?A% dd7.aano nav September 15,200; Xiugin Sun Ocean Health Center 556 W. Las Tunas Drive, Suite 201 Arcadia, CA 91007 Re: Commercial Code Enforcement Notice of Violation at 556 W. Las Tunas Drive, Suite 201 in Arcadia Dear Business Owner, Recently the City of Arcadia staff an sp Center at 556 W. Las Tunas Drive, Suite e 2011 in Arcadia. g At this c inspection, staff identified the following violations of the Arcadia Municipal Code (AMC): 1. AMC 8110, California Building Code (CBC) 105.1 requires an owner to obtain a building permit for all required tenant improvements. Remove any unpermitted walls and shower room or submit plans to Planning and Building Services for approval and obtain required permits. Correct as necessary. 2. AMC 9262.4.3.C.3 prohibits moving or flashing signs. Remove "OPEN" sign from the front window of the business. 3. AMC 9405.1 Remove large box from under lavatory and adjacent to the toilet. This box must be removed to meet all handicapped requirements. Correct as necessary. 4. AMC 6418.17.F requires towels and linens to be laundered promptly after each use. Correct as necessary. 5. AMC 6418.19C requires that all employees shall wear clothing similar to uniforms worn in a medical office. 6. AMC 6418.19M requires a permanently installed soap dispenser be provided at the restroom hand wash sink. Notice is hereby given that all violation(s) must be corrected by October 15, 2008. Failure to abate the violation by this date may result in the issuance of an administrative citation that would include a monetary fine and/or additional penalty. Thank you in advance for your cooperation in resolving the noted violations. Additionally, to ensure compliance with the Arcadia Municipal Code, you must provide Code Services with a floor plan of the business indicating which activities are performed in each room and provide Code Services with a copy of Your roster of all employees and/or independent contractors along with copies Xiugin Sun Ocean Health Center, 556 W. Las 'Minas Dr., Suite 201 Re: Notice of Violation September 15, 2008 — Page 2 of their Massage Therapist ID cards. Furthermore, AMC Section 6418.5 li mits the operational hours for a massage therapist to 7AM to 9PM. Therefore, there must be no massage activities after 9PM, and these hours of o conspicuously displayed. peration must be Should you have any questions or concerns regarding this matter, please contact Robert Swanson at (626) 574 -542.1. City Hall is open from 7 :30AM- 5:30PM Monday thru Thursday and 7:30AM- 4:30PM on Friday. City Hall will be closed on September 26 and October] 0, 2008. Since Robert Swanson Code Services Officer c: Arcadia Police Department Business License Services Building Services pc'c�N � 5� �. L�4S �vN�� �n I EXHIBIT G Printouts of Internet Search Results Tuesday, February 30, 2009 HOME SEARCH REVIEWS SUBMIT REVIEWS MEMBERLOGIN MYACCOUNT MY EMAIL MY FAVORITES MY BUDDY LIST MY NOTES MESSAGE BOARDS CLASSIFIED ADS 1 ON 1 CYBER SEX LINK EXCHANGE AFFILIATE PROGRAM Reviews Search 0 Results Search Reviews > 62 Reviews) for 10 Provider(a) Sort By : - - - -- Select- -!- Location :; ar cadm _ - Organization dynamic_ __Code - - -" -- ""COde Provider Phone Location Organization Category Rate Voting Added dt 90-10 Anna 526- yo Members: Arcadia Dynamic Massaae Massaoe S40.00 Kit 200% 02 -07 -2009 22 Review(s) votes J: 67% Eie 3 Review(s) ¢ 26- Vjpl] embers' Accad is Dynam c Massaae Massaoe .,90 fly $¢0 l 08 -07 -2008 3 votes it. 0% wfsl 626- Vin Members' Arcadia Dynamic Massaoe Massaae $50,.00 ii 100% 07 -28 -2008 2 Review(s) 2 votes ¢. 60% Ainy 626- V'o Members' A rcadia Dynamic Massaae Massaae s60 00 'ti 40% 07 -05 -2008 5 Rev (el 5 votes 1. 100% 13 Rev dis 626- Vb Memhers' Ar cadia dynamic sane Massage $50.00 V10% 07 -05 -2008 3 votes ff 100 Carrise 1 Review(s) 626- V' e o Mmbers Arcadia D iam'c Massaae Massage 550.00 0 ;1 0V. 03 -28 -2008 1 votes d; 100% i Revlew(sl 626- Vio Members Arcadia Dynamic Massaa Massaoe ¢50.,130 4' 0% 03 -19 -2008 1 votes 100% 2 Reve cafe) ¢ 26- Vio Members' Arcadia Dynamic Massaae Massane S5o.00 K) 0% 03 -05 -2008 2 votes p; 100% 1 R Cindy 626 - Vio Members' Arcadia Dynamic Massaoe Mas saoe ffi' 0% 02.06 -2008 sl 1 votes J. 63% Jenny 526- Vio Members A rcadia Dynamic Massaae Massage 4¢4,00 v'' 12 1y0 0140 -2008 12 Review(s) votes A � W. Site Map I Privacy Policy I Time Taken = 1.0516 1 Contact Us I Link Exchange ® Ia,c, 4o it! I .1}RES FEED @'VFP.. The contents of this site are registered and fully protected under the United States Copyright Act. Copynght,0 2002 -2006 Happy GLy,S.A. All rights reserved. http:// www. mpreviews. com/ reviews _search_results.php ?order_by 1= &reviews_incall= area... 2/10/2009 i 33 VIL t�cvIV Wb 411L1 Iv14bbilgr rariur Ac View mte Tuesday, February 10, 2009 rage i of s Provider Details Printer - friendly copy y® Email This review to a friend F3 Bookmark this review HOME Ethnicity: Asian : Chinese SEARCH REVIEWS Provider Details © - Job: SUBMIT REVIEWS Color: Kissing: VID Membersl Age: .-- < 1 Back I' Favonle, Add No[a' �_ ..— .._.__.J ___.__ _—.__ Link To IDis Revrow _ r Add kevrew �r ._— _________._.J__._________I MEMBER LOGIN Anna's Profile MY ACCOUNT Hair Color: MY EMAIL Name: Anu Provider Id: 52603 Create Link MY FAVORITES TI" to 5'3'r Work MY BUDDY LIST Company: vnaml Ma== pany: aD Schedule: Tue MY NOTES Phone: 626- VID Members Category: Vic Members) Vlp Membersl City: Los Angeles Price: Vip Membersl MESSAGE BOARDS Implants: CLASSIFIED ADS 556 Las Tunas Dr. . Kitty: Address: 7x201 (2nd Floo G000le Extra Tip: $40.00 1 ON 1 CYBER SEX MBP LINK EXCHANGE Area: Arcadia Size AFFILIATE PROGRAM Rate Ass Pancake Flat Parlor Profile Vio Membersl Provider Details Lick The Vlo Membersl Ethnicity: Asian : Chinese Hand VID Members Brown Job: Color: Kissing: VID Membersl Age: 30 -37 Hair Shoulder Anal VID Members' Length: Hair Color: Black Build: Average Height: TI" to 5'3'r Breast Vip MMembers[ Size: Tattoos: Vlp Membersl Breast Vlo Membersl Implants: Piercings: Vin Members Kitty: Vio Membersl Hygiene: VID Membersl Cup Size Rate Ass Pancake Flat Services Service: Vlo Membersl Lick The Vlo Membersl Kitty: Sex: VID Membersl Hand VID Members Job: Finger Kissing: VID Membersl The Vin Membersl Kitty: Blow Job: VID Members, Anal VID Members' Sex: Now that you've gotten a glimpse of what lies beneath the surface, it's time to dive in and see http://www.mpreviews.com/reviews. details.php ?reviews_id =52603 2/10/2009 what's going on deep inside. In order to get into our Adult Section, only VIPs are allowed to enter. To gain access tq.alkthe hot details of all the Massage Parlor's and Escort Reviews, there z two ways to play. You can submit a review aw earn 10 days credit as a VIP for every appro review, or you can sponsor MPReviews.com as low as $9.951 Three Payment options: 1. $9.95 a month - Save 50% best valuel bil at $119.79 every 12 months. 2. Initial payment for the first 30 days ($19 . per month), then $14.95 per 30 days therea 3. $55.00 - 3 Month Recurring Save S% Click here to Join Cancel anytime! 1. You will have FULL ACCESSI To over 30,000+ explicit reviews. 2. Email other hobbyists and providers privately with MPR mail box. 3. Keep track of your favorite providers in one easy location. 4. Keep private notes of anything and access . it from the internet anytime. S. Keep a buddy list of other hobbyists and providers In one easy location. 6. Receive daily CM feeds of the newest reviews for the day. 7. Daily reviews by email for MPR VIP's: (Receive daily smalls to your inbox of the newest reviews for the day) S. Private Disscussion boards "VIP Members Only Lounge" Click here to Join Cancel anytime! Session Overview Read Reviews [View All] Date Reviewer 3. Average I' Went stain bu[ 3. Average 2. Poor Raziel86(2) no Improvement 02/06/09 5f- NEW °( 5. Excellent (VIP Members!) Akira5024 just averaoe 01/11/09 Members!) tot the iob Razlel86(21 done s but t not 0 1/09/09 � (Vip Members!) reliable place 12/22/06 ! l(Im105 '5( Members!) T Always a treat 12/20/08 ta Soca107 '— Members!) c I orn Had to to back 12/03/08 :'- ' i, Fi'V'( Members!) As everyone �.,:,,. s -, Appearances:✓ vote Performance 3. Average rat 3. Average 3. Average 4 3. Average 2. Poor 3. Average 3. Average 5f- 4. Good 2. Poor °( 5. Excellent l� http:// www. mpreviews. com /reviews_details.php ?re,views_id =52603 2/10/2009 ivV luv1GwJ.Uulll - rbwit L�GV1eWJ allu lviG bilge rarlul itcvlcw One massade. ok 10/02/08 t 19°(Vip V ,....� 2. Poor - er lno plain look Members!) Decllning 09/22/08 Localbom ' so VZ' 3. Average Members!) Great m Standard handy. �� ! 8 � e 7 n � derOver ti '" (VIP 3. Average Members!) IP Good massage DS /30/06 Amod(15) (� 51?(vip 3. Average skills) Members!) 123 ra8e J Ol .1 to Y 4. Good 1 3. Average �( ' 3. Average st' 4. Good Jump to j_ Of 3 �a Site Map I Privacy Policy Time Taken = 0.0675 1 Contact Us Link Exchang ( !'' _I AYRSSFEED © ,. The contents of this site are registered and fully protected under the United States Copyright Act. Copyright �c 2002 -2006 Happy Guy,S.A. All rights reserved. http:// www. mpreviews .com/reviews_details.php ?reviews _ id =52603 2/10/2009 Tuesday, February 10, 2009 Date Saw Provider: Icc Printer - friendly copy `® Email This review to a friend :9 Bookmark this review HOME Would you recommend this SEARCH REVIEWS Read y Required Looks: 3. Average SUBMIT REVIEWS Review O Service: 3. Average Blow Job: Unknown < Back c,,sil Butltly Llst iEe Pflle L____._ —_I JI__Vrew PrOV r's m MEMBER LOGIN Session Overview: just average Session Comment: Vio Membersl MY ACCOUNT MY EMAIL Review by author - MY FAVORITES - MY BUDDY LIST MY NOTES Date Saw Provider: 01/10/09 Tip: 30 MESSAGE BOARDS Ratings: CLASSIFIED ADS Would you recommend this 1 ON 1 CYBER SEX provider to others? VOTE LINK EXCHANGE Required Looks: 3. Average 9 AFFILIATE PROGRAM Attitude: 3. Average Service: 3. Average Blow Job: No Rate Company: First Class Joint Session Overview: Went again but no improvement Session Comment: Vin Membersi Date Saw Provider: 01/02/09 Tip: 40 Ratings: Would you recommend this provider to others? _ VOTE Required Looks: 3. Average Attitude: 3. Average Service: 3. Average Blow Job: Unknown Rate Company: First Class Joint Session Overview: just average Session Comment: Vio Membersl Tip: 40 Ratings: Would you recommend this provider to others? VOTE http: / /wv✓w. mpreviews. com /review_read.php ?view_all=yes &reviews _ id = 36411- sub_revie... 2/10/2009, Required Looks: 2. Poor , Attitude: 3. Average Service: 3, Average Blew Job: '"" No Rate Company: First Class Joint Session Overview: got the Job done but not sensual Session Comment: Vin Members' 3. Average Date Saw Provider: 11/16/09 Tip: 20 Ratings: Would you recommend this •;40, provider to others? VOTE Required Looks: 3. Average Attitude: 3. Average Service: 4, Good Blow Job: No Rate Company: Poor Establisment Session Overview: reliable place Session Comment: Vin Membersl Date Saw Provider: 12/12/08 Tip: 50 Ratings: Would you recommend this •;40, provider to others? VOTE Required Looks: 2. Poor Attitude: 3. Average Service: S. Excellent Blow Job: No Rate Company: First Class Joint Session Overview: Always a great time!' Session Comment: Vlo Membersl Date Saw Provider: 12/01/08 Tip: 40 Ratings: Would you recommend this provider to others? VOTE Required Looks: Attitude: Service: Blow Job: Rate Company: Session Overview: Had to go back Session Comment: Vin Membersl http: / /www.n-previews.com/review read.php ?view_all= yes &reviews_id = 36411- sub_revie... 2/10/2009 . u,E ✓ vi , Date Saw Provider: 09/29/08 Tip: 20 Ratings: Would you recommend this o provider to others? VOTE Required Looks: 2. Poor Attitude: 4. Good Service: 4. Good Blow Job: No Rate Company: First Class Joint Session Overview: As everyone says, good massage, ok Session Comment: Vic Members' ending, plain VIg Mem look Session Comment: Vlp M— emberst Date Saw Provider: 09/19/08 Tip: 40 Ratings: Would you recommend this o provider to others? VOTE Required Looks: 3. Average Attitude: 3. Average Service: 3. Average Blow Job: No Rate Company: First Class Joint Session Overview: Declining Session Comment: Vic Members' Date Saw Provider: 07/15/08 Tip: 40 Ratings: Would you recommend this provider to others? VOTE Required Looks: 3. Average Attitude: 3. Average Service: 3. Average Blow Job: No Rate Company: Poor Establisment Session Overview: Great massage. Standard handy. Session Comment: VIg Mem Date Saw Provider: 05/28/08 Tip: 20 Ratings: Would you recommend this provider to others? VOTE Required Looks: 3. Average Attitude: 3. Average Service: 4, Good http: / /www.mpreviews.com/review _ read.php ?view_all= yes &reviews_id = 36411- sub_revie... 2/10/2009 Blow 706: Unknown Rate Company: First Class Joint Session Overview: Good massage skills! Session Comment: Vlo Membersl Site Map I Privacy Policy I Time Taken =0.065 1 Contact Us I Link Exchange ) - -8 I CIRSSFEED 13-01 The contents of this site are registered and fully protected under the United States Copyright Act. Copyright v 2002 -2006 Happy Guy,S.A. All rights reserved. http:// www .mpreviews,com /review_read.php ?view all= yes &reviews_id = 36411- sub_revie... 2/10/2009 Tuesday, February 10, 2009 HOME SEARCH REVIEWS SUBMIT REVIEWS MEMBER LOGIN MYACCOUNT MY EMAIL MY FAVORITES MY BUDDY LIST MY NOTES MESSAGE BOARDS CLASSIFIED ADS 1 ON 1 CYBER SEX LINK EXCHANGE AFFILIATE PROGRAM Printer - friendly cony 1 10 Emall This review to a friend ?, n Bookmark this review Provider Details O : OaCI I Fdvont� Aatl Notes L Link To TriF Add Reiner, Eva's Profile Name: Eya Company: Dyne jr MassaoQ Phone: 626- Vlo Members) City: San Gabriel Valley Address: 556 Las Tunas Suite Build: 201 Goodie Mao Area: Arcadia Parlor Profile VIA Members[ Provider Details Ethniclty: Asian : Chinese Age: 25 -29 Hair Black Color: Height: 5'4" to 5'6" Provider 50764 Id: Work Schedule: Sat Category Price: Extra Tip: $40.00 Eye Brown Color: Kitty: Hair Shoulder Length: Job: Build: Slim / Slender Breast Members' Size: V10 Breast Vin Members) Implants: Sex: Kitty: Vip Members' Cup B Size Service: Vlo Membersl Lick The Vip Members' Kitty: Sex: SID Membersl Hand Vic, Membersl Job: Finger Kissing: Vip Membersl The V Membersl Kitty: Blow Job: Vio Membersl Anal Vio Membersl Sex: Now that you've gotten a glimpse of what lies beneath the surface, it's time to dive in and see what's going on deep inside. In order to get into Tattoos: Vip Members' Plercings: Vic, Membersl Hygiene: Vip Membersl Rate Ass Pancake Flat Services http:// www. mpreviews .com/reviews_details.php ?reviews_id =50784 2/10/2009.. • . ub�. a. vi � our Adult Section, only VIPs are allowed to enter. To gain access to all the hot details of all the Massage Parlors and Escort Reviews, there are two ways to play. You can submit a review and earn 10 days credit as a VIP. for every approved review, or you can sponsor MPReviews.com for as low as $9.951 Three Payment^options: 1. $9.95 a month - Save 50% best valuel billed at $119.79 every 12 months. 2. Initial payment for the first 30 days (519.95 per month), then $14.95 per 30 days thereafter. 3. $55.00 - 3 Month Recurring Save 8 0 /6 Click here to loin Cancel anytime) I. You will have FULL ACCESS! To over 30,000+ explicit reviews. 2. Email other hobbyists and providers privately with MPR mail box. 3. Keep track of your favorite providers in one easy location. 4. Keep private notes of anything and access It from the Internet anytime. S. Keep a buddy list of other hobbyists and providers in one easy location. 6. Receive daily I= feeds of the newest reviews for the day. 7. Daily reviews by email for MPR VIP'S: (Receive dally emails to your inbox of the _ newest reviews for the day) S. Private Disscussion boards "VIP Members Only Lounge" Click here to Join Cancel anytime[ Session Overview Read Reviews [ Vlew mi Date Reviewer Appearance(✓ Vote Performance scary Stuff 08/06/08 Ghost777 UZI r C " im *(VIP Y Members!) 3. Average 4S 3. Average i Eyll Eyes S ix(53) Waste 10/28/07 '+ ' a �(Vip 2. Poor ��� 2. Poor i Members!) Eman2k Eva was nice 10/15/07 ' fm 1 0 2. Poor ¢; 3. Average Members!) Site Map I Privacy Policy I Time Taken = 0.0376 1 Contact Us I Link Exchange EM - _`' '$x CIRSS FEED ®Yrt�.. The contents of this site are registered and fully protected under the United States Copyright Act. Copyright (55 2002 -2006 Happy Guy,S.A. All rights reserved. http:// www. mpreviews .com /reviews_details.plip ?reviews _ id =50784 2/10/2009 46c ✓ Vl ✓ http:// v ww. mpreviews .com /reviews_details.php ?reviews_id =50784 2/10/2009 HOME '� Printer•frlendly coov cR Emall This review to a friend r-5 Bookmark this review SEARCH REVIEWS Would you recommend this SUBMIT REVIEWS Read O y VOTE Required Looks: Review Attitude: 1. Bad Service: 2. Poor l I Buck I I L____ — Email I buddy LISt , I View Provoer 5 Profile ' .JL MEMBER LOGIN First Class Joint Session Overview: Waste MY ACCOUNT - . MY EMAIL Review by Author � MY FAVORrrES MY BUDDY LIST MY NOTES Date Saw Provider: 07/16/08 Tip: 40 MESSAGE BOARDS Ratings: CLASSIFIED ADS 1 ON 1 CYBER SEX Would you recommend this provider to others? LINK EXCHANGE V AFFILIATE PROGRAM Required Looks: 3. Average Attitude: 1. Bad Service: 3, Average Blow Job: Yes, w /condom Rate Company: Poor Establisment Session Overview: Scary Stuff Session Comment: On Members) Date Saw Provider: 10/27/07 Tip: 0 Ratings: Would you recommend this provider to others? VOTE Required Looks: 2. Poor Attitude: 1. Bad Service: 2. Poor Blow Job: N Rate Company: First Class Joint Session Overview: Waste Session Comment: VID Members) Tip: 40 V Ratings: Would you recommend this 4 provider to others? VOTE http: / /www.Mpreviews. con ?view all= yes &reviews _ id =3083 0- sub_revi e... 2/10/2009 Required Looks: 2. Poor Attitude: 4. Good Service: t 3. Average Blow lob: No Rate Company: First Class Joint Session Overview: Eva was nice Session Comment: Vio Members' Site Map I Privacy Policy I Time Taken = 0.0129 I Contact Us I Link Exchange ORES FEED ®S9t�... The contents of this site are registered and fully protected under the United States Copyright Act. Copyright lc) 2002 -2006 Happy GUy,S.A. All rights reserved. http:// NNrww. mpreviews .com/review_read.php ?view_all= yes &reviews _ id = 30830- sub_revie... 2/10/2009 ---- -- Iav- I - -- —M-.rlr l 411V11WvlLVl JILIi I "agr, I u1 G Provider Details Service: VID Mem LUL, Ethnicity: Asian : Chinese E y e Brown Tuesday, February 10, 2009 Color: 1, Eyk Printer - friendly copy 1 18 Emall This review to a friend rJ Bookmark this review HOME Hair Midback SEARCH REVIEWS Provider Date Ile O Length: SUBMIT REVIEWS Hair Color: Black Bulld: Poven[M Ana Nolen .---------- I L— J � - Link Tr ID,, Pev;ew Add Review MEMBER LOGIN I v y 's Profile Vlo Members' MY ACCOUNT Size: MY EMAIL Name: ]yy Provider 54459 Create Link Breast V Memb Id: MY FAVORITES Implants: . MY BUDDY LIST Company: Dynamir Masseooe Work Schedule; Sun MY NOTES Phone: 626- Vin Memberal Category; Vlo Members' Cu p City: San Gabriel Valley Price: VID Memhersl MESSAGE BOARDS Size : CLASSIFIED ADS Address: 556 Las Tunas Suite Extra Ti p 201 Goo le Mao 1 ON 1 CYBER SEX LINK EXCHANGE Area: Arcadia AFFILIATE PROGRAM Parlor Profile Vlo Member =_I Provider Details Service: VID Mem LUL, Ethnicity: Asian : Chinese E y e Brown Hand VID Members' Color: Age: 25 -29 Hair Midback Kitty: Blow )ob: Vin Member =I Length: Hair Color: Black Bulld: Slim / Slender Height: 5'4" to 5'6" Breast Vlo Members' Size: Tattoos: Vlo Members I Breast V Memb Implants: Plercings: Vio M mb r I Kitty: VID Members' Hygiene: Vin M mh rci Cu p A Size : Rate Ass Pancake Flat Services Service: VID Mem LUL, Lick The YI Members' Kitty: Sex: Vlo Membersi Hand VID Members' )ob: Finger Kissing: Via M mb r I The Vln M mber=I Kitty: Blow )ob: Vin Member =I Anal Vlo Members) Sex: Now that you've gotten a glimpse of what lies beneath the surface, It's time to dive in and see what's going on deep inside. In order to get into http:// www. mpreviews .com/reviews_details.php ?reviews_id =54459 2/10/2009 our Adult Section, only VIPs are allowed to enter. To gain access to all the hot details of all the Massage Parlors and Escort Reviews, there are two ways to play. -yoV can submit a review and earn 10 days credit as a VIP for every approved review, or you can sponsor MPRev!ews.com for as low as $9.951 Three Payment options: 1. $9.95 a month - Save 50% best value! billed at $119.79 every 12 months. 2. Initial payment for the first 30 days ($19.95 per month), then $14.95 per 30 days thereafter 3. $55.00 - 3 Month Recurring Save S% Click here to Join Cancel anytime! 1. you will have FULL ACCESS[ To over 30,000+ explicit reviews. 2. Email other hobbyists and providers privately with MPR mail box. 3. Keep track of your favorite providers in one easy location. 4. Keep private notes of anything and access it from the internet anytime. 5. Keep a buddy list of other hobbyists and providers in one easy location. 6. Receive daily LW feeds of the newest reviews for the day. 7. Daily reviews by email for MPR VIP'S: (Receive daily emaiis to your inbox of the newest reviews for the day) S. Private Disscussion boards "VIP Members Only Lounge" Click here to Join Cancel anytime! Session Overview Read Reviews Date Reviewer [View A1] Reyokino My ���( HH Recommendation 07/27/08 �� am FS* ip for Dynamuck 1 Members!) no extras 07/07/08 � " = at Ere= Members!) Appearance Vote Performance 3. Average N 2. Poor 4. Good gr 3. Average �v4i Site Map I Privacy Policy I Time Taken =0.022 1 Contact Us I Link Exchange RSSFEED The contents of this site are registered and fully protected under the Un ited States Copyright Act. Copyright Z) 2002 -2006 Nappy Guy,S.A. All rights reserved. http:// www. mpreviews. com /reviews_details.php ?reviews_id =54459 2/1 0/2009 - -- - � � . . Gvua - ,Jwo.. «v. V ll• W J a Iu ivaaaaat;0 r 411 V 1 1%0 V IC W OILe Tuesday, February 10, 2009 HOME SEARCH REVIEWS SUBMIT REVIEWS MEMBER LOGIN MYACCOUNT MY EMAIL MY FAVORITES MY BUDDY LIST MY NOTES MESSAGE BOARDS CLASSIFIED ADS I ON I CYBER SEX LINK EXCHANGE AFFILIATE PROGRAM rage 1 01 j Printer- friendly copy �8 Email This review to a friend 7 3 Bookmark this review Provider Details O I _ aad< ` Favonres_ I qpp Nates Link i0 Thi Review AVd Amy's Profile Name: Amy Company: oynamlt >.,e Phone: 626- Vln Mpmhersl City: San Gabriel Valley Address: 556 Las Tunas Suite Size: 201 GDoale Mao Area: Arcadia Parlor Profile VID Members' Provider Details Ethnicity: Asian : Chinese Age: 30 -37 Hair Black Color: Height: 5'4" to 5'6" Tattoos: Vln Membersl Piercings: VID Members) Hygiene: VID Membersl Rate Ass Junk in the Trunk Services Service: Vin M n r i Sex: Vio Membersl Kissing: VID M mb r I mmml Provider 52564 Id: Work Schedule: Sat - Category: Vin Members) Price: Y1R Membersi Extra Tip: $40.00 Eye grown Color: Hair Shoulder Length: Build: Curvy Breast Vip Size: Membersl Breast Vio�mhersl Implants: Kitty: VID Members' Cup B Size : Lick The VID Members$ Kitty: Hand Vlo Members) Job: Finger The VID Members' Kitty: Anal Vlo Members' Sex: Now that you've gotten a glimpse of what lies beneath the surface, It's time to dive in and see what's going on deep inside. In order to get into http:// www. mpreviews ,com /reviews_details.php ?reviews_id =52564 2/10/2009 our Adult Section, only VIPs are allowed to enter. To gain access to all the hot details of all the Massage Parlors and Escort Reviews, there are two ways t4,,play. Yo[): can submit a review and earn 10 days credit as a VIP for every approvec review, or you can sponsor MPReviews.com for as low as $9.951 Three Payment options: 1. $9.95 a month - Save 50 best value! billed at $119.79 every 12 months. 2. Initial payment for the first 30 days ($19.95 per month), then $14.95 per 30 days thereafte, 3. $55.00 - 3 Month Recurring Save B% Click here to Join Cancel anytime[ 1. You will have FULL ACCESSI To over 30,000+ explicit reviews. 2. Email other hobbyists and providers privately with MPR mall box. 3. Keep track of your favorite providers In one easy location. 4. Keep private notes of anything and access It from the internet anytime. S. Keep a buddy list of other hobbyists and providers in one easy location. 6. Receive dally EM feeds of the newest reviews for the day. 7. Dally reviews by email for MPR VIP'S: (Receive daily emails to your inbox of the newest reviews for the day) B. Private Disscussion boards "VIP Members Only Lounge" Click here to Join Cancel anytime! Session Overview Read Reviews Date [View All] Reviewer P Desperate - Huaoabuaoa times call for 07/04/08 desperate (VIP measures Members!) for hard 06/24/08 mC6 KIm1051371 (VIP s o T Members!) 0 Nice massaae. 06/23/06 Left Happy _ Soca107(12) ID, Members!) Q First timer- 06/11/08 almost shutout &k Habanerc14 �� (VIP Members!) r � Decent Tonvmood massage and endina ( VIP Members!) AppearanceO Vote Performance 3. Average Nu' 3. Average 2. Poor *, 3. Average 3. Average i'. 4. Good 3. Average f% 3. Average 3. Average :f' 4. Good http:// www. mpreviews. com /reviews_details.php ?reviews_id =52564 2/10/2009 . 1 .___ . .. _.. .. Site Map I Privacy Policy I Time Taken - 0.0308 1 Contact Us I Link Exchange "Ra.w : .� _ rsss o ®i7: The contents of this site are registered and fully protected under the United States Copyright Act. Copyright C% 2002 -2006 Happy Guy,S.A. All rights reserved. http:// www. mpreviews. com /reviews_details.php ?reviews_id =52564 2/10/2009 HOME SEARCH REVIEWS SUBMIT REVIEWS MEMBER LOGIN MYACCOUNT MY EMAIL MY FAVORITES MY BUDDY LIST MY NOTES MESSAGE BOARDS CLASSIFIED ADS 1 ON 1 CYBER SEX LINK EXCHANGE AFFILIATE PROGRAM ��0 Printer - friendly copy °® _Emali This revlew to a friend 7 -'J Bookmark this review Provider Details O r _ .--- i - - -- - Path I l Favantes Add Notes Link To This Review Add ke,hew j Sophia's Profile Name: Sophia Company: dynamic massaoe Phone: 626 - Vlp Members' City: San Gabriel Valley Address: 556 Las Tunas #201 Gobble Mao Area: Arcadia Parlor Profile Vio Membersl Provider Details Ethnicity: Asian : Chinese Age: 30 -37 Hair Black Color: Height: 51" to 5'3" Tattoos: Vin Membersl Piercings: Vio Membersl Hygiene: VID Members' Rate Ass Pancake Flat Services - - 517afdid2m W-1 Kissing: V Membersl Ate. 7r -11Zi i1:Z7Zi1 Provider 50745 Id: Work Fri Schedule: Category Price: Extra Tip: $5.00 Eye Brown Color: Hair Shoulder Length. 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All rights re=served, http: / /wryvw.mpreviews.com/review read.php ?view_all= yes &reviews_id = 29800 -sub revie... 2/10/2009 51:0015 CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, FEBRUARY 3, 2009 CALL TO ORDER Mayor Harbicht called the meeting to order at 5:30 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION a. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Westfield. LLC, et al. v. City of Arcadia, at al. and Caruso Property Management. Inc. at al. (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108923) and the case of Arcadia First! v. City of Arcadia and Magna Entertainment Corporation (Real Parties in Interest) (Los Angeles Superior Court Case No. BS 108937). STUDY SESSION Report, discussion and direction regarding Mid -Year Budget. Mr. Penman discussed the extraordinary difficult fiscal times and economic conditions as it relates to the City. He reported that based on six months of revenue receipts received to date it is appears that there will be about a $2 million dollar revenue shortfall this fiscal year which is about a 4.7 % revenue reduction. He commented on savings in expenditures which represents departments spending less than actually budgeted. He further reported that sales tax which is the City's single largest revenue source such as the retail holiday sales will not be available until some time in March. He discussed vacant positions and noted that each department will analyze each vacant position and report back on the impacts of that position remaining vacant through the end of the fiscal year. Hue Quach, Administrative Services Director discussed revenues affected by the economy such as sales tax and noted that the most recent information the City has to date (July 1 through September 30) shows a 5.2% drop compared to the previous fiscal year which staff projects to fall short by $458,000. He reported a shortfall of $550,000 in Transient Occupancy Tax and noted that the City has not received the quarter ending December numbers however based on data received to date, a significant drop is projected despite having the benefit of increased occupancy and rates for the Breeder's Cup event. He commented that sales tax and transient occupancy tax make up about $1 million dollars of the estimated $2 million dollar shortfall. He reported that building permits are projected to drop about 22% or $209,000 due to the decline in the housing market and overall construction industry and plan check fees are expected to drop 02 -03 -2009 51:0016 about 30% or $258,500. He further reported the drop in plan check revenue also translates into savings on the expenditure side as most plan checks are reviewed by consultants based on fees generated, however since the volume of plan checks will decline, staff estimates that the offset to the revenue drop is a saving of about $160,000; business license tax is similar to other taxes that are influenced by the economy and is showing a trend of an 11.3% drop on business tax receipts to date and staff revised the projected revenue to decrease $115,000; staff has projected a 9.1% or $100,000 shortfall on collection of ambulance charges. Mr. Quach reiterated that the City's General Fund will have a revenue shortfall of approximately $1.9 million dollars. The City Council directed staff to come back at the next meeting with an analysis of each of the vacant positions and the impact to the department if the position were frozen, expenditure cuts that could be made through the end of the fiscal year to help close the shortfall this year and employee options. RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Reverend Philip Wood, Church of the Good Shepherd PLEDGE OF ALLEGIANCE Hue Quach, Administrative Services Director ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION /CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a closed session to consider the one (1) item listed on the posted agenda under closed session, no reportable action was taken. Mr. Deitsch also reported that the City Council met in a Study Session to hear a report and to discuss and provide direction regarding the Mid -Year Budget review. He further reported the City Council directed staff to bring back additional information and options to the next City Council meeting concerning the Mid -Year Budget review. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None 02 -03 -2009 51:0017 MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council /Agency Member Amundson seconded by Council /Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PUBLIC COMMENTS Sarah Eagle, American Cancer Society appeared and announced the 2009 Arcadia Annual Relay for Life at the Santa Anita Race Track is on June 27 and 28 and will be in memory of Charles Gilb. She provided information regarding Relay for Life and presented a Dedication Plaque to Mrs. Ruth Gilb. Soledad King, PTSA President of Camino Grove Elementary School appeared and reported on various events and activities going on at Camino Grove Elementary School. She also thanked Mayor Harbicht for attending a PTSA meeting and explain how the City operates. Beth Costanza, President of the Arcadia Chamber of Commerce appeared and announced that July 16th is the 75th year anniversary of the Arcadia Chamber of Commerce. She noted the Chamber Installation Dinner is March 27th and announced that Mickey and Lee Segal were honored as Citizen's of the Year and will receive their award at the Installation Dinner. She also reported on other activities going on around the Chamber and the Community. Tony Escimilla, Chairperson of the Arcadia Relay for Life announced that an informational gathering regarding the Relay for Life will meet this Friday at the Ruth and Charles Gilb Historical Museum 11:30 to 2:30 p.m. and invited everyone to attend. Vince Foley appeared and supported the Waste Management contract and rates. Mayor Harbicht announced that earlier in the day the City of Arcadia was honored with a plaque by the Los Angeles County Board of Supervisors in recognition of the City being named by Business Week Magazine as "the best place in California to raise children." He noted that the City Council accepted the award on behalf of the community and citizens of Arcadia. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK City Clerk Barrows congratulated Soledad on her presentation and noted that Mayor Harbicht will be at Baldwin Stocker on Tuesday night. Council Member Kovacic announced that Mayor Harbicht was recently installed as the District Leader of the Lucky Baldwin District of the Boys Scouts of America; he congratulated Mickey and Lee Segal on being selected as Citizens of the Year; he announced that the Friends of the Library need volunteers in the Book Store and urged everyone to donate books. He noted that he will be leaving to Sacramento with the Arcadia Constitution team to compete in the State Finals and thanked the City for allowing the Constitution Team to use the Council Chambers every Monday night to practice. He commented on the award received from the Board of Supervisors and commented on the "F" grade received by both the L.A. Conservancy and American Lung Association and requested staff check into the criteria used and how the City 02 -03 -2009 51:0018 can improve the grades. Mayor Pro Tern Wuo and Council Member Amundson concurred with Council Member Kovacic's request. Council Member Amundson noted that on January 23rd he attended the Police Department retirement dinners of Chet King, Rosemarie Espejo, Clayton "Wally" Post and Gail Post and noted that cumulatively they had 110 years of experience and congratulated them on their retirement and service to the community. He noted the loss of a friend, Mr. Randall Johnson and read a tribute from his memorial service. Council Member Chandler had no comments. Mayor Pro Tempore Wuo congratulated Mickey and Lee Segal on their Citizen of the Year Award; he noted he also attended the Police Department Retirement Dinner on January 23rd and noted the attendance of retired Police Department employees. He also noted on January 30th the Arcadia Chinese Association sponsored a luncheon at the Senior Center and on January 31st he and Council Member Kovacic attended the Arcadia High School Chinese Parents Booster Club New Years Dinner and fundraiser. He commented on the Arcadia Relay for Life which he brought into Arcadia 5 to 6 years ago and encouraged everyone to support and attend the event and thanked the Santa Anita for donating the facility. Mayor Harbicht announced the Mayor's Community Breakfast on March 27 and noted the celebration will be about "the Children of Arcadia' and guest speakers will be 2009 Rose Queen Courtney Lee and Dr. Laura Schlessinger and encouraged everyone to attend. Mayor Harbicht appointed Mayor Pro Tern John Wuo as the Los Angeles County Sanitation District alternate effective immediately. He read a letter addressed to Police Chief Sanderson commending Sgt. Dean Caputo and the Arcadia Police Department facility and congratulated Sgt. Caputo. CONSENT CALENDAR a. Approve the Regular Meeting Minutes of January 20, 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meeting Minutes of January 20, 2009. Recommended Action: Approve C. Adopt Resolution No. 6670 denying Conditional Use Permit Application No. 08- Recommended Action: Adopt J Recommended Action: Approve 02 -03 -2009 51:0019 A motion was made by Council /Agency Member Amundson seconded by Council /Agency Member Wuo and carried on roll call vote to approve items 1.a through 1.d on the City Council /Agency Consent Calendar. AYES: Council /Agency Member Amundson, Wuo, Chandler, Kovacic and Harbicht NOES: None ABSENT: None ABSTAIN: Council /Agency Member Kovacic (Consent Calendar Items a, b and c) 2. CITY MANAGER/EXECUTIVE DIRECTOR ITEMS: a. Authorize the City Manager to retain Lewis Events for event services at the City's 2009 July 4th celebration and waive the City's Purchasing regulations relative to competitive bidding Recommended Action: Approve Sara Somogyi, Director of Recreation and Community Services presented the staff report to retain Lewis Events for entertainment at the City's 2009 July 4th celebration. She described the entertainment and services that Lewis Events would be providing to the City; she noted that the City hired Lewis Events for the 4th of July event in 2005 and other City events. She indicated that the proposal received from Lewis Event is $33,247 and recommends approval of $35,000. She noted that the additional $1,753 would only be used if necessary. She also recommended that that City Council waive the City's purchasing regulations regarding competitive bidding due to the unique services being provided. She noted that the total cost of the event is $80,000; $49,000 is in a trust account specifically designated for this event; Oak Tree Association and Santa Anita Park have jointly committed $10,000. She advised that the City Manager has received a commitment from Westfield for $10,000. She noted that if additional sponsors are not secured an additional $12,000 would need to be budgeted for next year. Ms. Somogyi recommended that the City Council waive the City's purchasing regulations regarding the competitive bidding process and authorize the City Manager to execute an agreement with Lewis Events in an amount not to exceed $35,000 for the 2009 4th of July event. A motion was made by Mayor Harbicht seconded by Council Member Chandler and carried on roll call vote to cancel the 2009 4th of July Celebration due to budget constraints. AYES: Council /Agency Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None b. Authorize the City Mana ger to execute an agreement with Pvro SDectaculars Inc. for a fireworks display at the City 4th of July celebration at the cost not to exceed $35,000 and waive the City's purchasing regulations relative to competitive bidding. Recommended Action: Approve (event cancelled) No action taken due to motion taken on Consent Calendar Item (a). 02 -03 -2009 51:0020 C. (Continued from January 6, 2009) Recommended Action: Adopt Authorize the City Manager to execute a seven (7) year contract with Waste Management Inc for the exclusive collection of residential refuse and recyclables for the City of Arcadia. Recommended Action: Approve Marie Rodriguez, Public Works Services Department presented a report addressing concerns raised by the City Council at the January 6, 2009 City Council meeting regarding certain services related to the Waste Management contract. She explained that staff met with Waste Management regarding one day a week refuse collection, the use of smaller refuse carts to encourage more recycling, and an amendment in the contract that guarantees Arcadia's refuse rates will not exceed the applicable rates charged in more than one -third of all cities in the San Gabriel Valley. She advised that Waste Management is not asking for a 35% increase for complete "catch -up rates" but that the 25% increase includes a $100,000 Administrative Fee in addition to the Consumer Price Index, Disposal Facility Fees and Fuel Producer Price Index for the next two years and noted that Waste Management is only asking for a 10.55% in catch -up rates for the price of fuel and the balance of the increase is cost of living adjustments for the next 2 years of the contract. She reported that Waste Management has agreed to adjust their collection schedule and minimize traffic around each of the local schools. She further reported that Waste Management was very accommodating and responsive to the City's needs and concerns and recommended that the City Council approve the Residential Refuse and Recycling Contract and adopt the resolution setting the residential refuse rate schedule for fiscal years 2009 -10 and 2010 -11. Council Member Kovacic reported that he and Council Member Amundson contacted four cities who have one day a week refuse service and received positive comments from the cities of Rolling Hills Estates, San Dimas and La Verne. He noted that no response was received from the fourth city. He complimented staff on their negotiations with Waste Management. A motion was made by Council /Agency Member Chandler, seconded by Council /Agency Member Wuo and carried on roll call vote to adopt Resolution No. 6663 setting the service rates for the collection of residential refuse and recyclables pursuant to Section 5120.7 of the Arcadia Municipal Code and authorize the City Manager to execute a seven (7) year contract with Waste Management Inc. for the exclusive collection of residential refuse and recyclables for the City of Arcadia. AYES: Council /Agency Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None 02 -03 -2009 51:0021 d. Update regarding proposed Utility Users Tax Ballot Measure Recommended Action: Receive and File Mr. Penman provided the City Council with an update regarding the proposed utility users tax ballot measure. He explained changes in Federal regulations, litigation and potential legislation that may cause the City of Arcadia along with other cities to lose a portion of utility users tax pertaining to telecommunications. He noted that a subcommittee was appointed by the City Council, consisting of Mayor Harbicht and Council Member Kovacic to work with staff to consider options and provide recommendations on a possible ballot measure before the voters to maintain the existing utility users tax on telecommunications. Mr. Penman reported that cities around the state have not kept up with the changes in technology and as a result of that, telecommunication companies have been challenging the validity of utility taxes on telecommunications. He further reported that there are court cases pending that could invalidate portions of existing taxes on telecommunication services. He noted that in the past year and a half, cities throughout California have placed ballot measures before their voters to approve changes to modernize their ordinances to address new technology so that all rate payers are treated equally. Mr. Penman further noted that some users may be able to avoid paying this tax due to the type of telecommunications they utilize such as the traditional land line phone. He advised that last year 10 cities in the area took ballot measures to their voters to modernize their ordinances to cover new technology without a rate change all passed. Mr. Penman felt that if placed before the voters and explained properly, the voters would understand its importance. He advised that this tax currently generates somewhere between $750,000 and $1,000,000 to the general fund and if the ordinance is not modernized and the court cases proceed and invalidate portions of existing utility users tax on telecommunications the City would lose that existing revenue. He reiterated that this is existing revenue that the City currently has based on an existing 5% rate; this is not a new or increased tax. Mr. Penman noted that is currently a proposal before Congress to create a moratorium on changes cities may want to take and if passed could go into effect in 2010 which would prohibit cities from submitting a ballot measure to the voters to modernize utility users tax as it relates to telecommunications. Mr. Penman further noted that cities with voter approved modernized ordinances would not be affected by this bill if a ballot measure is approved by the voters in 2009. He advised that the City Council to consider placing this ballot measure before the voters at a June 9, 2009 special election and prepare the appropriate resolutions for approval at the next City Council meeting. Mayor Harbicht explained that this would just clean up and modernize the ordinance and is not an increase in tax. He further explained the Proposition 218 process which requires this to go before the voters and he noted the importance of passing this measure. Council Member Kovacic also explained the importance of presenting this before the voters. It was the consensus of the City Council to bring back the appropriate resolution for a Special Election to be held on June 9, 2009 regarding a Utility Users Tax ballot measure. e. Report on Study Session - Mid Year Budget Recommended Action: Provide Direction Mr. Penman provided an overview of the mid year budget which was discussed in an earlier study session. Mr. Penman explained the mid year budget process which is conducted annually and provides an opportunity to make adjustments for shortfalls in revenue or expenditure if necessary. He commented on the extraordinary difficult fiscal times and 02 -03 -2009 51:0022 economic conditions as they relate to the City. He reported that based on six months of revenues received it is appears that there will be about a $2 million dollar revenue shortfall this fiscal year which represents about 4.7% of the revenue base. He commented on savings in expenditures which represents departments spending less than actually budgeted. He further noted that sales tax, which is the City's single largest revenue source and includes retail holiday sales and car dealership revenue will not be available until some time in March. Hue Quach, Administrative Services ,Director noted that staff has relied on past fiscal year's sales tax trends and the most recent information the City has for the current fiscal year (July 1 through September 30) which shows a 5.2% drop. He reported a shortfall of $550,000 in Transient Occupancy Tax and noted that the City has not received the quarter ending December numbers; however, based on data received to date, a significant drop is projected despite having the benefit of increased occupancies and rates for the Breeder's Cup event. He commented that sales tax and transient occupancy tax make up about $1 million dollars of the estimated $2 million dollar shortfall. He reported that building permits are projected to drop about 22% or $209,000 due to the decline in the housing market and overall construction industry and plan check fees are expected to drop about 30% or $258,500. He further reported the drop in plan check revenue also translates into savings on the expenditure side as most plan checks are reviewed by consultants based on fees generated, however since the volume of plan checks will decline, staff estimates that the offset to the revenue drop is a saving of about $160,000 that will not be expended for consultant services; business license tax is similar to other taxes that are influenced by the economy and is showing a trend of an 11.3% drop on business tax receipts to date and staff revised the projected revenue to decrease $115,000; and regarding ambulance charges, based on receipts to date staff has projected a 9.1% or $100,00 shortfall of collections. Mr. Quach reiterated that the City's General Fund will have a revenue shortfall of approximately $1.9 million dollars. Mr. Penman noted that 73% of the City's expenditures are employee salaries and benefits related including a number of services such as janitorial, tree trimming, landscape maintenance and computer support services which are outsourced because it has proven to be more cost effective. Mr. Penman further noted that there are currently 16 vacant positions and one option would be to freeze those positions. He reported that the City Council has directed staff to review and analyze each position and report on the impact to the department if that position where frozen through the balance of the fiscal year however it would be purely random based on what is vacant today and would not necessarily reflect any priority in positions or programs. He discussed work furloughs, employee layoffs and freezing salary increases. He noted that these options would have to be reviewed carefully because of personnel rules that dictate how the City operates and collective bargaining agreements with employee groups. He further noted the cancellation of the fireworks show would save approximately $40,000 to $50,000 and payment for rent from the water fund to the City, will add approximately $150,000; another option is to eliminate contract maintenance work the City pays for freeway off ramp clean up due to CalTrans budget constraints years ago and not providing the level of maintenance of the off ramps in Arcadia so the City Council at that time appropriated $1,875 per month to maintain the off ramps. He advised that staff will provide to the City Council at the next meeting with additional information on freezing positions and other employee benefits. Mayor Harbicht announced that in the Study Session, the City Council directed staff to come back with an analysis of each of the vacant positions and the impact to the department if the position were frozen and report back on expenditure cuts that could be made through the end of the fiscal year. 02 -03 -2009 51:0023 ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting in memory of Fred Coots, Henry K Quan and Oral Petty to Tuesday, February 17, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk i q ✓ 1rn L t rt 1 By: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 02 -03 -2009 ❑a❑ STAFF REPORT Arcadia Redevelopment Agency DATE: February 17, 2009 TO: Chairman and Redevelopment Agency Board FROM: Jason Kruckeberg, Development Services Director Philip A. Wray, Deputy Director of Development ServicesiJ SUBJECT: AWARD CONTRACT — ARCADIA SELF - STORAGE BUILDING REFURBISHMENT AT 33 -37 W. HUNTINGTON DRIVE PROJECT Recommendation: Authorize the Executive Director to execute a contract with WF Construction Inc. in the amount of $220,227.13 and approve a contingency of 10% SUMMARY: On November 18, 2008, the Arcadia Redevelopment Agency Board approved the design review and appropriated Redevelopment Agency funding to rehabilitate and improve the Arcadia Self Storage building located at 35 West Huntington Drive and the associated tenant spaces (33A, 33B and 37 West Huntington Drive). The Agency has been working with Rusnak Mercedes Benz to facilitate their use of a portion of the building and has relocated commercial tenants and storage tenants to ready the building for a change in use. As part of this change in use, the Agency intends to make improvements to the building, both exterior and interior. The building's exterior is currently in a general state of disrepair and is in need of rehabilitation. The internal lease spaces are also in a state of disrepair and are in need of some improvements and upgrades to attract new tenants. Completion of the planned improvements will add value to the building and will improve this important and highly visible location within the Redevelopment Area. Staff completed plans and specifications, and advertised the project in January. Bids were opened on February 5, 2009 with WF Construction Inc. as the successful low bidder in the amount of $220,227.13. Staff is recommending that the Agency Board award a contract for the rehabilitation and improvement of the Arcadia Self Storage building at 35 West Huntington Drive in the amount of $220,227.13. Staff Report Award Contract — Arcadia Self- Storage Building Refurbishment February 17, 2009 Page 2 BACKGROUND The Arcadia Redevelopment Agency (ARA) took over ownership of Arcadia Self Storage at 35 West Huntington Drive in October of 2006. Since that time, the Agency has continued the use of the building as storage but has not rented out any units to new tenants. Additionally, the ARA has long been working with Rusnak Mercedes -Benz ( Rusnak) on a land assembly and redevelopment project that would provide expansion opportunities for Rusnak. The City has been attempting to deliver properties for this potential expansion, including 35 West Huntington Drive. Since taking over the building, the plan was for the Agency to rehabilitate the building with the ultimate goal of turning the building completely over to Rusnak at an appropriate time. To facilitate the reuse of the building, staff has relocated three office /retail tenants out of the building and relocated storage tenants either out of the building or to other floors within the building. Rusnak will utilize the basement and much of the first floor for the storage of auto parts, with no customer transactions occurring at this site. On September 16, 2008, the Agency approved this use through a waiver of Agency Resolution No. 172 and the Planning Commission approved the project through a use determination on September 23, 2008. Rusnak moved their parts department into the building on November 8, 2008. At the same time relocation was occurring, staff contracted with La Canada Design Group for architectural services to plan the exterior improvements to the building and began putting together a plan for the interior improvements. DISCUSSION The proposed design of the building exterior and storefronts is simple and clean. The plan for the building is to have it cleaned and painted on all sides, including two -tone coloration (grey and white) on the Huntington Drive Elevation. This would allow for embellishments by future owners as proposed. The Huntington elevations and storefronts will be rebuilt and improved to be parallel to the street rather than the current zigzag pattern. The materials and coloration will match the existing Rusnak Mercedes building and the metal and glass will provide a modern look that can accommodate tenant signage. The existing rock columns will be plastered over and painted grey to match the rest of the building. The large canopy will remain in the back of the building. although this will be cleaned and painted as necessary. The "Arcadia Self Storage" sign at the top of the building will be removed. Any signage proposed for the commercial tenants or Rusnak will go through an administrative design review process and will be proposed by the individual tenant. Staff Report Award Contract — Arcadia Self- Storage Building Refurbishment February 17, 2009 Page 3 The three commercial spaces fronting Huntington Drive will be rehabilitated and made ready for tenants. Walls, floors, bathrooms, and ceilings will be improved and replaced as necessary. Tenant spaces 33A and 33B West Huntington Drive are in decent condition and will be combined into one tenant space. Tenant space 37 W. Huntington requires more extensive demolition and rebuild to be a viable tenant space. Additional tenant improvement work will be performed by the lessees once they have been approved by the Agency and the Development Services Department. Because Redevelopment funds are proposed to be utilized, prevailing wages must be paid to all contractors on the job. The project includes an alternate bid item for a curved awning to be added to the front canopy. The curved awning is intended to extend below the existing concrete canopy to provide a focal point for pedestrians and those driving past the building and to add mass to the storefront of the building. This awning will include lighting to enhance the commercial space. This item was designated as an add - alternate so that it could be added to the project at the discretion of the City depending on the amount of the base bid in relation to the budget. The project was advertised for bids in January and a pre -bid meeting was held on January 22, 2009 at the site. Thirty contractors were present at the pre -bid meeting. Bids were received and opened on February 5, 2009. The project bid documents were organized so that the low bid would be determined based on base bid, without the add - alternate. Nine bids were received with the base bids as follows: COMPANY AMOUNT WF CONSTRUCTION $162,027.13 VENTURA CONSTRUCTION $174,500 IDLE CONSTRUCTION $195,650 VARGAS STRUCTURES $201,404.84 VARGAS OLSON ENTERPRISES $214,182 Y & M CONSTRUCTION $220,000 FIRST CALIFORNIA CONSTRUCTION $237,450 OMARI CONSTRUCTION $238,350 WOODBURN CONSTRUCTION $252,188 WF Construction, Inc. was the successful low bidder at $162.027.13. Their alternate bid item of $94,160 was considered too expensive for consideration. However, upon further review, WF Construction Inc. requested that the City consider a revised alternate bid of $58,200 for the same work. This is a more reasonable bid for the work and staff recommends accepting the revised bid. This brings their total bid for the project to $220,227.13. However, the bid award to WF Construction is based on the lowest responsible base bid. Staff Report Award Contract — Arcadia Self- Storage Building Refurbishment February 17, 2009 Page 4 Staff has investigated WF Construction and found them to be qualified to perform the work. It is anticipated that the work will begin in early March and take approximately two months to complete. ENVIRONMENTAL IMPACT The project is categorically exempt per Section 15301 Class 1(c) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT On November 18, 2009, the Agency Board approved an appropriation of $252,994 from the Redevelopment Agency budget to rehabilitate and improve 33A, 33B, 35 and 37 West Huntington Drive. There are adequate funds to pay for this contract for the improvements within the Agency's budget. Staff is requesting an additional 10% contingency for unknown items that may come up during the construction. There is no impact to the General Fund. Authorize the Executive Director to execute a contract with WF Construction Inc. in the amount of $220,227.13 and approve a contingency of 10 %. Approved By: Donald Penman, Executive Director JK: PAW: pa ARCAD 'ryc0 P RATES ,eon STAFF REPORT Office of the City Clerk DATE: February 17, 2009 TO: Honorable Mayor and Members of the City Council FROM: James Barrows, City Cler<!V—) Lisa Mussenden, Chief Deputy City Clerk /Records Manager �l`f SUBJECT: RESOLUTION NO. 6668 DECLARING THAT WEEDS, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE SEASONAL AND RECURRENT PUBLIC NUISANCE AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF AND SCHEDULE THE PROTEST PUBLIC HEARING FOR MARCH 3, 2009. RECOMMENDATION: ADOPT AND SCHEDULE THE PROTEST PUBLIC HEARING FOR MARCH 3, 2009. BACKGROUND The Los Angeles County Agricultural Commissioner has submitted the attached 2008- 2009 annual declaration list of private properties within the City of Arcadia which have been inspected by the County, and found to contain a growth of flammable weeds, brush and /or rubbish. Said weeds have attained such growth as to become, when dried, a fire menace to adjacent property. If the owner does not bring the property into compliance upon notice of dangerous conditions the County must abate the weeds. The attached Resolution No. 6668 declares that hazardous conditions upon or in front of certain private property are a public nuisance. Said Resolution also schedules a public hearing for March 3, 2009 at 7:00 p.m., as the date and time for the City Council to hear protests, if any, from the affected property owners to the abatement of their property. Affected properties are attached as Appendix A of the Resolution. Upon adoption of this Resolution the County Agricultural Commissioner will mail notices to the affected property owners. An affidavit of mailing will be returned to the City by the County when mailing of the notice, as provided by law, has been completed. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6668 declaring that weeds, brush, rubbish and refuse upon or in front of specified property in the city are seasonal and recurrent public nuisance, and declaring its intention to provide for the abatement thereof and to schedule the protest public hearing for March 3, 2009. Approved: Don Penman City Manager A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS, BRUSH, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF AND TO SCHEDULE A WEED ABATEMENT PROTEST PUBLIC HEARING FOR MARCH 3, 2009 THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: A. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or private property in the City attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherwise noxious or dangerous, or a public nuisance. B. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety by creating a fire hazard. C. That by reason of the foregoing facts, the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front it of said property constitutes a seasonal and recurrent public nuisance and should be abated as such. D. That the private property, together with the streets and sidewalks in front of the same herein referred to, is more particularly described as follows, to- wit: That certain property described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full herein. SECTION 2. Pursuant to the findings of fact by this Council heretofore made, the City Council determines that the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner /Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail. SECTION 3. The Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspection. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety. 2 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 LOS ANGELES COUNTY DECLARATION LIST DATE O1 13 09 CITY OF ARCADIA IN SEQ BY WEED -KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. 06 035 SANTA ANITA CANYON RD 5765 002 012 6 06 035 SANTA ANITA CANYON RD 5765 002 013 5 06 035 CANYON RD 5765 002 900 1 06 035 HIGHLAND VISTA DRIVE 5765 011 011 8 06 035 HIGHLAND OAK DRIVE 5765 030 010 9 06 035 NORTH OF TOREY PINES DRIVE 5771 001 007 7 06 035 WHISPERING PINES DRIVE 5771 032 013 4 06 035 TORREY PINES DRIVE 5771 033 015 0 06 035 TORREY PINES DRIVE 5771 033 016 9 06 035 TORREY PINES DRIVE 5771 033 017 8 06 035 FLOWER ST 5773 005 900 4 06 035 FLOWER ST - 5773 005 901 3 06 035 FRONT ST 5773 006 910 0 06 035 153 E SANTA CLARA ST 5773 007 009 0 C6 035 INDIANA ST 5773 010 905 9 06 035 INDIANA ST 5773 010 906 8 06 035 INDIANA ST 5773 010 907 7 06 035 INDIANA ST 5773 011 922 6 06 035 INDIANA ST 5773 Oil 923 5 06 035 INDIANA ST 5773 011 924 4 06 035 INDIANA ST 5773 011 925 3 06 035 INDIANA ST 5773 011 926 2 06 035 3RD AVENUE 5773 015 937 0 06 035 3RD AVENUE 5773 015 938 9 06 035 3RD AVENUE 5773 015 939 8 06 035 3RD AVENUE 5773 015 940 5 06 035 3RD AVENUE 5773 015 941 4 06 035 3RD AVENUE 5773 015 942 3 06 035 3RD AVENUE 5773 015 943 2 06 035 3RD AVENUE 5773 015 944 1 06 035 3rd AVENUE 5773 015 945 0 06 035 3RD AVENUE 5773 015 946 9 06 035 3RD AVENUE 5773 015 947 8 06 035 3RD AVENUE 5773 015 948 7 06 035 3RD AVENUE 5773 015 949 6 06 035 3RD AVENUE 5773 015 950 2 06 035 3RD AVENUE 5773 015 951 1 06 035 COLORADO BLVD 5775 022 900 7 06 035 COLORADO BLVD 5775 022 901 6 06 035 SANTA CLARA STREET 5775 025 025 0 06 035 FOOTHILL FWY 5775 026 902 6 06 035 FOOTHILL FWY 5775 026 903 5 06 035 FOOTHILL FWY 5775 026 904 4 06 035 FOOTHILL FWY 5775 026 905 3 06 035 CORNELL RD 5775 026 906 2 06 035 DUARTE RD 5779 015 004 2 06 035 23 E DUARTE RD 5779 015 005 1 06 035 25 E DUARTE RD 5779 015 006 0 06 035 E DUARTE RD 5779 015 007 9 06 035 3 E DUARTE RD 5779 015 040 8 06 035 201 E DUARTE RD 5779 018 040 2 -1- KEY 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 APPENDIX "A' LOS ANGELES COUNTY DECLARATION LIST DATE Ol 13 09 CITY OF ARCADIA IN SEQ BY WEED -KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY -06 035 203 E DUARTE RD 5779 018 050 9 7 -06 035 810 S 2ND AVE 5779 018 065 2 7 -06 035 818 S 2ND AVE 5779 018 066 1 7 -06 035 818 S 2ND AVE 5779 018 067 0 7 -06 035 818 S 2ND AVE 5779 018 068 9 7 -06 035 828 S 2ND AVE 5779 018 069 8 7 06 035 LEROY AVENUE 5784 020 014 3 7 06 035 NORMAN AVENUE 5788 014 013 3 7 06 035 LIVE OAK AVENUE 5790 027 034 6 7 06 035 CLARK ST 8532 016 001 5 7 06 035 CLARK ST 8532 016 004 2 7 06 035 CLARK ST 8532 016 022 0. 7 06 035 GOLDRING RD 8532 018 005 7 7 06 035 GOLDRING RD 8532 018 011 9 7 06 035 122 E LIVE OAK AVE 8573 024 005 5 7 06 035 128 E LIVE OAK AVE 8573 024 006 4 7 WEED KEY 7 TOTAL VACANT /IMPROVED RECORDS 6 WEED KEY 7 TOTAL UNIMPROVED RECORDS 61 WEED KEY 7 TOTAL RECORDS 67 -2- v � o�'LnnlrYof 44 °��a STAFF REPORT Administrative Services Department DATE: February 17, 2009 TO: Mayor and City Council FROM: Hue C. Quach, Administrative Services Director Michael A. Casalou, Human Resources Administrator `K4C� SUBJECT: Resolution No. 6669 updating the membership coverage groups with CaIPERS to continue allowing the City to offer employees a pre -tax payroll deduction plan for service credit purchases Recommendation: Adopt SUMMARY Resolution No. 6669 updates the contract with CaIPERS that authorizes the City to offer employees a pre -tax payroll deduction plan for service credit purchases. Adoption of this resolution is required by the California Public Employees' Retirement System (CaIPERS) in order to allow employees to participate in the pre -tax payroll deduction plan for service credit purchases. BACKGROUND In 2005, the City Council approved Resolution No. 6484 that authorized a pre -tax payroll deduction plan for CaIPERS service credit purchases under the Internal Revenue Code (IRC) section 414(h)(2). This plan affords an opportunity to all employees the benefit of deferring income tax liability on member service credit purchases, including Military Service Credit, Service Prior to Membership and Additional Retirement Service Credit (frequently referred to as "Air Time "). Due to the implementation of the enhanced retirement formula for Miscellaneous Employees effective September 28, 2008, CaIPERS had to create a new Membership Coverage Group. As the coverage group for Miscellaneous Employees listed in the original resolution has changed, the adoption of this resolution is now required to continue offering this benefit. Mayor and City Council February 17, 2009 Page 2 of 2 FISCAL IMPACT There is no fiscal impact on the City to implement this plan. Contributions for purchases will be made at the employee's cost. RECOMMENDATION Adopt Resolution No. 6669 updating the membership coverage groups with CalPERS to continue allowing the City to offer employees a pre -tax payroll deduction plan for service credit purchases. APPROVED: - - - ?1- � Don Penman, City Manager Return to CaIPERS - Unit 830 RESOLUTION NO. 6669 EMPLOYER PICKUP RESOLUTION PRE -TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) Employer code: 0094 WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) at the April 1996 meeting approved a pre -tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and WHEREAS, the City of Arcadia {Employer) has the authority to implement the provisions of IRC section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CaIPERS; and WHEREAS, the City of Arcadia {Employer) elects to participate in the pre -tax payroll deduction plan for all employees in the following CaIPERS Coverage Group(s): {Membership Coverage Group(s)) All Miscellaneous and All Safety Coverage Groups NOW, THEREFORE, BE IT RESOLVED: That the City of Arcadia {Employer) will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CaIPERS and who have made a binding irrevocable election to participate in the pre -tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CaIPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases, thereby resulting in tax deferral of employee contributions. Il. That the contributions made by the City of Arcadia {Employer) to CaIPERS, although designated as employee contributions, are being paid by the City of Arcadia (Employer) in lieu of contributions by the employees who are mem bers of CaIPERS. III. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Arcadia (Employer) to CaIPERS. IV. That the City of Arcadia {Employer) shall pay to CaIPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. That the effective date for commencement of the pre -tax payroll deduction plan cannot be any earlier than the date the completed resolution is received and approved by CaIPERS. VI. That the governing body of the City of Arcadia (Employer) shall participate in and adhere to requirements and restrictions of the pre -tax payroll deduction plan by reporting pre -tax payroll deductions when authorized by CaIPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. PASSED AND ADOPTED by the governing body of the City of Arcadia (Employer) this 17th day of February, 2009. (year) M (Signature of Official) (Title of Official) RETURN ADDRESS: City of Arcadia 240 West Huntington Drive Arcadia, CA 91007 1!! 1f # # # #!f #!!!ff#fllfllfl11f1f!llfl fit# tt# Ykt## kYl 1f 1f 1f11f 11#1 tlf tl tHY# ilti# tf Y##f! Y## i #flltlfllt!#11t1f!!!!Ilfllftlt FOR CALIPERS USE ONLY Pre -tax payroll deduction plan effective date: Approved By: Title: MEMBER SERVICES DIVISION, Service credit section -Unit 830 . %J: %IUU:o. IS � � STAFF REPORT Public Works Services Department DATE: February 17, 2009 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director Prepared by: Lubomir Tomaier, Principal Civil Engineer Ken Herman, Associate Civil Engineer SUBJECT: BOOSTER PUMP STATION AS COMPLETE AND AUTHORIZE THE FINAL Recommendation: Approve SUMMARY On November 20, 2007 the City Council awarded a contract to Pacific Hydrotech Corporation in the amount of $1,798,550.00 for the construction of a new booster pump station at the Camino Real Facility (Attachment). The terms and conditions of this project have been complied with and the work has been performed to staffs satisfaction fora total project cost of $1,900,326.53. This amount reflects the original contract amount of $1,798,550.00 plus two (2) contract change orders for additional and deleted work, totaling $101,776.53, or 5.7% of the original contract price. Staff recommends that the City Council accept all work performed by Pacific Hydrotech Corporation as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $190,032.65. BACKGROUND The Camino Real booster pump system works in conjunction with the St. Joseph booster pump system to pump water to the Orange Grove Facility (Zone 3 supply) and is a critical component of the City's water distribution system. The new Camino Real booster pump station constructed under this project was designed to replace and consolidate existing, less efficient equipment, improve the piping hydraulics, and provide higher efficiency pumps and motors. Pagel of 2 Mayor and City Council February 17, 2009 DISCUSSION The final construction cost of the Camino Real Booster Pump Station is $1,900,326.53. This amount reflects the original contract amount of $1,798,550.00 plus two (2) contract change orders for additional and deleted work, totaling $101,776.53, or 5.7% of the original contract price. A summary of the items included in the change orders is as follows: 1 Provide electrical upgrades in addition to the Contract scope 114,156.53 2 Delete removal of Booster H and approximately 60 LF of (12,380.00) piping and delete placement of 3,260 SF of asphalt paving Total Cost $ 101,776.53 Change order 1 was necessary in order to have in place the electrical support needed at the site to operate and maintain a future well. The project was budgeted prior to getting a permit for a new well from the Main San Gabriel Basin Watermaster. Watermaster subsequently required that the City install a second well to help with nitrate contamination clean up. If this work was performed as part of the new well project the cost would have been approximately $400,000. Completing this work now as part of this project will save the Water Fund over $275,000. The terms and conditions of this contract have been complied with and the work has been performed to staffs satisfaction. Staff recommends that the City Council accept all work performed by Pacific Hydrotech Corporation as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $190,032.65. ENVIRONMENTAL IMPACT This project involves the replacement of existing equipment with substantially the same capacity as the existing system, and therefore meets the requirements of a Class 2 Categorical Exemption, as described in Article 19, Section 15302 (c) of the California Environmental Quality Act (CEQA). FISCAL IMPACT $2,070,000 is budgeted in the 2006 -2007 Capital Improvement Program for the construction of the Camino Real Booster Pump Station. Total cost of the project including construction, inspection, material testing and change orders is approximately $2,050,000. RECOMMENDATION 1. Accept all work performed by Pacific Hydrotech Corporation for the construction of the Camino Real Booster Pump Station as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to retention of $190,032.65. Approved by: Attachment Don Penman, City Manager Page 2 of 2 EXHIBIT 1 LOCATION MAP NO'r TO SCALE i STAFF REPORT Library and Museum Services Department February 17, 2009 TO: Mayor and City Council FROM: Carolyn Garner - Reagan, Director of Library and Museum Services Gib. SUBJECT: Gift of $1,500.00 from the Arcadia Chinese Association for programs and materials for the Library. Recommendation: Accept the donation SUMMARY The Arcadia Chinese Association made two gifts to the Library on January 28, 2009 totaling $1,500.00 for support of two programs: $1,000.00 in support of the annual Children's Summer Reading Program and $500.00 to assist with the training of tutors who teach in the Library's weekly English Language Conversation Class. DISCUSSION The gift of $1,000.00 to the Children's Summer Reading Program will be used to purchase additional books and program materials, helping to meet the high demand for materials during this very popular annual program. The gift of $500.00 to the weekly English Language Conversation class will be used in support of tutor training sessions. The quarterly training sessions for the tutors who teach in the weekly English Language Conversation class are proving to be very beneficial in improving the already high quality of the class for both tutors and students. Because the training sessions take place at noon on the same day as the class and after the tutors have been teaching for over two hours, per the direction of the Arcadia Chinese Association, the funds will be used to supply lunches for the tutors. All gifts to the Library are subject to approval by the City Council pursuant to City Charter article VIII section 809 (d). Page 1 of 2 FISCAL IMPACT There is no impact to the City's budget. The Library Board approves expenditures of all donations. RECOMMENDATION Accept the donation of $1,500.00 to the Arcadia Public Library from the Arcadia Chinese Association for library programs and materials. APPROVED: Donald Penman, City Manager Page 2 of 2 ,._- February 17, 2009 STAFF REPORT Library and Museum Services Department TO: Mayor and City Council FROM: Carolyn Garner - Reagan, Director of Library and Museum Services v SUBJECT: Gifts in memory of Charles Gilb to the Ruth and Charles Gilb Arcadia Historical Museum totaling $2,685 Recommendation: Accept the donation SUMMARY Between July 2 and December 31, 2008, the Ruth and Charles Gilb Arcadia Historical Museum has received donations totaling of $2,685 in memory of Charles Gilb. DISCUSSION Charles Gilb was an integral leader in the history of the City of Arcadia, having served as Mayor of Arcadia for four terms and having led an active role in the Produce Industry in Southern California and the United States. He served in various associations and organizations over his lifetime and contributed to the community in education and business. His continued civic service and commitment to the City of Arcadia was highly esteemed by his peers and community members and he received many awards for his dedication. Mr. Gilb died on May 18, 2008. It was the wish of Ruth and Charles Gilb and their family that donations in his memory should go to the Arcadia Historical Museum, which was named in their honor. Ruth and Charles Gilb were major contributors to the construction of Arcadia's Museum structure, which opened in 2001. Together with $19,635.00 previously accepted by the Council on July 15, donations in memory of Mr. Gilb now total $22,320. FISCAL IMPACT There is no impact to the City's budget. RECOMMENDATION Accept the donations totaling $2,685 to the Ruth and Charles Gilb Arcadia Historical Museum in memory of Charles Glib from members of the community. APPROVED: ����✓ Donald Penman, City Manager Studio Spectrum Inc. whose bid was $32,836.40. After reviewing and evaluating Studio Spectrum Inc's proposal, Senior Citizen Services staff deems they have the adequate insurance to proceed with the project. Staff recommends that an agreement between the City and Studio Spectrum Inc. be established to design and install a new audio visual system for the Arcadia Community Center. FISCAL IMPACT The CIP budget designates $40,000.00 for the design and installation of a new audio visual system for the Community Center. Studio Spectrum Inc.'s bid of $32,836.40 is within the allocation for this project. An approximate $7,100.00 residual from the allocation may be utilized should there be any cost overruns. RECOMMENDATION Authorize the City Manager to execute a contract with Studio Spectrum Inc. for the installation of a new audio visual system for the Arcadia Community Center in the amount of $32,836.40. APPROVED Donald Penman, City Manager STAFF REPORT Recreation and Community Services Department DATE: TO: FROM: SUBJECT: SUMMARY February 17, 2009 MAYOR AND CITY COUNCIL Recommendation: Approve It is recommended that the City Council authorize the City Manager to execute a contract with Studio Spectrum Inc. for the installation of an audio visual system for the Arcadia Community Center in the amount of $32,836.40. BACKGROUND The Arcadia Community Center opened July 15, 1991 and since then it has served as a focal point for the community. In addition to housing the recreational programs and social services offered by the Recreation and Community Services Department, the Center provides a venue for community groups to host important celebrations. Over the years the Center's heavy use has taken a toll on equipment and furnishings. For the most part worn or non - functional equipment has been replaced, except for the Community Center's sound system. During the 2007 -08 funding cycle $40,000 was allocated towards an audio visual sound system from the Capital Improvement Projects (CIP) budget. Senior Services staff contacted and mailed a Request for Proposal (RFP) to several vendors inviting bids for the design and installation of a new audio visual system. Only one company (AudioTek) submitted a bid however they could not meet the City's insurance requirements and had to relinquish the project. These funds were held over for use in the 2008 -09 fiscal year. Senior Services staff contacted three new vendors requesting RFP's for the design and installation of a new audio visual system for the Arcadia Community Center. Two companies responded. They were Skyline Unlimited whose bid was $38,916.23 and W SARA SOMOGYI, DIRECTOR RECREATION AND COMMUNITY SERVICES DEPARTMENT Prepared by: Jim Venegas, Senior Citizens Supervisor Studio Spectrum Inc. whose bid was $32,836.40. After reviewing and evaluating Studio Spectrum Inc's proposal, Senior Citizen Services staff deems they have the adequate insurance to proceed with the project. Staff recommends that an agreement between the City and Studio Spectrum Inc. be established to design and install a new audio visual system for the Arcadia Community Center. FISCAL IMPACT The CIP budget designates $40,000.00 for the design and installation of a new audio visual system for the Community Center. Studio Spectrum Inc.'s bid of $32,836.40 is within the allocation for this project. An approximate $7,100.00 residual from the allocation may be utilized should there be any cost overruns. RECOMMENDATION Authorize the City Manager to execute a contract with Studio Spectrum Inc. for the installation of a new audio visual system for the Arcadia Community Center in the amount of $32,836.40. APPROVED: � wm h„i Donald Penman, City Manager 7 STAFF REPORT Administrative Services Department DATE: February 17, 2009 TO: Mayor and City Council FROM: Donald Penman, City Manager By: Hue C. Quach, Administrative Services Director SUBJECT: Consideration of adding a Measure to the June 9, 2009, Special Municipal Election Ballot and appropriate $130,000 from the General Fund's Reserve Fund Balance for the cost related to the Election; and adopt the following Resolutions: SUMMARY Resolution No. 6664 - A Resolution of the City Council of the City of Arcadia, California, declaring an emergency under Proposition 218 and calling for the placement of a General Tax Measure to be placed on the ballot at a Special Municipal Election to be held on Tuesday, June 9, 2009 for the submission to the qualified voters of a proposed ordinance updating the telephone /telecommunications provisions of the City's Utility Users Tax. Resolution No. 6666 - A Resolution of the City Council of the City of Arcadia, California, setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis. Resolution No. 6667 - A Resolution of the City Council of the City of Arcadia, California, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. Recommendation: Adopt all Resolutions and appropriate $130,000 from the General Fund Reserve. As a result of changes in federal regulations, litigation and potential legislation the City of Arcadia, along with all other cities in California with Utility Users Taxes (UUT), face the possible loss of these revenues as they relate to telecommunications. Without the revenue from the existing UUT, the City could be forced to make cuts in programs and services that would affect all residents, such as police and fire protection, emergency response, parks and senior service, tree trimming, street repair, and library services. In order to protect these revenues an update to the definitions contained in the City's UUT Mayor and City Council February 17, 2009 ordinance is required. In accordance with the requirements of Proposition 218 such an update necessitates a vote of the people. Staff recommends that the City Council proceed in this fashion and place the proposed ballot measure before the voters of the City by adopting the aforementioned resolutions. BACKGROUND As a result of changes in Federal regulations, pending court cases and potential legislation, the City of Arcadia along with all other cities with utility users tax face possible loss of these revenues as it pertains to telecommunications. Historically, the City's UUT, as well as that of most cities with such taxes, has been applied to telecommunication services in a similar manner as the application of the Federal Excise Tax (FET). On May 25, 2006, the IRS issued a Notice that it intended to stop applying the Federal Excise Tax to nearly all telephone communication services, thus leading some phone carriers to argue that the IRS ruling, which dramatically reduces the scope of taxable services, also applies to UUT ordinances such as Arcadia's which reference the FET. Updating the definitions of telecommunications in the City's UUT ordinance, through a special election, would eliminate the issues which have been raised in the wake of the FET repeal as well as the associated litigation. The new definitions will be technology - neutral and reflect the modern use of communications so that all taxpayers will be treated equitably. As an example, this updated definition would treat those consumers who are able to afford newly developed technology equally to those who can't afford and must rely upon the traditional landline phone system for their communication needs. Most importantly, these changes are expected to be cost - neutral to current users of telecommunications as the proposed ordinance does not change the tax rate of the existing UUT. The City Council met on both December 2 and December 16 to discuss this matter and at the conclusion of the discussion on December 16, appointed a subcommittee comprised of Mayor Harbicht and Council Member Kovacic to work with staff to review option for placing a ballot measure before the voters to modernize the existing UUT ordinance and maintain this important revenue that finances vital services for the community. The committee met on two occasions to discuss options for placing a measure before the voters. Issues considered included specific ballot measure language, selection of an actual election date and means of informing the community of this important issue. The Council committee provided the following directions and recommendations: Mayor and City Council February 17, 2009 • Bring back for Council's approval, all resolutions relating to ordering the submission of proposed measure before the voters for City Council meeting date of February 17, 2009. • Set the Special Municipal Election date for June 9, 2009. Along with the ballot resolutions, approve a budget amendment appropriating $115,000 for this special election and $15,000 for the preparation and distribution of public information that would include two informational mailers to the community. Staff has prepared all necessary resolutions as required, as attachments to this staff report, for City Council's approval to commence with placing a ballot measure before the voters of the City. FISCAL IMPACT Loss of the portion of the UUT that is in jeopardy is estimated at up to $1 million. The costs associated with a special municipal election are estimated to be $115,000. Additionally, staff is requesting for additional appropriation of $15,000 to cover the costs of providing two informational mailers to the community. RECOMMENDATION Staff recommends that the City Council adopt the aforementioned resolutions for the submission of a proposed ballot measure before the voters and authorize appropriations of $115,000 for the cost of Special Election plus $15,000 for the development and distribution of informational mailers to the community. Resolution No. 6664 - A Resolution of the California, declaring an emergency under placement of a General Tax Measure to b Municipal Election to be held on Tuesday, J qualified voters of a proposed ord /telecommunications provisions of the City's City Council of the City of Arcadia, Proposition 218 and calling for the e placed on the ballot at a Special une 9, 2009 for the inance updating Utility Users Tax. submission to the the telephone Resolution No. 6666 A Resolution of the City Council of the City of Arcadia, California, setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis. Resolution No. 6667 - A Resolution of the City Council of the City of Arcadia, California, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. Mayor and City Council February 17, 2009 Approved By: r�451��rwa✓ Donald Penman City Manager ATTACHMENTS - Resolutions RESOLUTION NO. 6664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING AN EMERGENCY UNDER PROPOSITION 218 AND CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE TO BE PLACED ON THE BALLOT AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 9, 2009 FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE UPDATING THE TELEPHONE/ TELECOMMUNICATIONS PROVISIONS OF THE CITY'S UTILITY USERS TAX WHEREAS, pursuant to Article II, Chapter 6, Part 7 of the Arcadia Municipal Code (A.M.C. §§ 2670 - 2679), the City currently levies a Utility Users' Tax ( "UUT ") at the rate of seven percent (7 %) on electricity, gas and water and at the rate of five percent (5 %) on telephone usage within the City; and WHEREAS, pursuant to Arcadia Municipal Code Sections 2671.5 and 2671.6, the City has suspended a portion of the UUT and has been temporarily collecting the UUT at the rate of five percent (5 %) for electricity and gas usage, and has not been collecting UUT on water usage; and WHEREAS, the UUT is a general tax which funds the City general fund. The general fund pays for essential City services such as police protection, fire and paramedic services, street operations and maintenance, library services, parks and recreation services and general municipal services to the public; and 1 WHEREAS, the City currently receives approximately $5,100,000 per year in WT, approximately $1,500,000 of which is generated solely from telephone communication services, and such revenues are critical to the public welfare and the City's financial ability to provide essential municipal services; and WHEREAS, several lawsuits have been filed in other jurisdictions challenging the application of the WT to certain telephone /telecommunication services as a result of outdated ordinance definitions or references to outdated federal laws (ie: the Federal Excise Tax); and WHEREAS, an adverse ruling on the Federal Excise Tax issue (and its application to the City's telephone communications UUT) could result in the elimination of 70% or more of the City's current UUT on telephone communication services - amounting to over $1,000,000 of general fund revenue per year; and WHEREAS, in the case of AB Cellular LA, LLC v. City of Los Angeles, a final appellate court ruling was rendered in May, 2007, with possible adverse financial implications for the City's UUT on wireless telephone services and the City's budget. WHEREAS, a number of telephone companies are applying the City's UUT inconsistently, due to outdated definitions and legal uncertainty, exposing the City 2 to refund claims and legal challenges regarding inconsistent application of the City's telephone communications tax; and WHEREAS, several major telecommunication providers have notified the City in writing that they are collecting and remitting the City's UUT under protest; and WHEREAS, without immediate voter approval of the City's telephone communications WT, the City will increase its exposure to claims for refunds on the City's telephone communications UUT that could adversely affect its budget; more WHEREAS, without immediate voter approval of the City's telephone communications UUT, the City's budget could be vulnerable to serious financial shortfalls due to adverse court rulings (existing and/or imminent) regarding the City's telephone communications UUT that cannot be covered by current City reserves or by readily available alternative revenue sources; and WHEREAS, such financial shortfalls may force the reduction of essential municipal services, which will endanger the health, safety and general welfare of the City and its citizens; and there is a need to amend the UUT in order to maintain funding for City services at existing levels for the health, safety and general welfare of the citizens of the City; 3 WHEREAS, the City desires reasonable certainty in the collection and receipt of its ULJT and budgetary planning; consistent application of its telephone communications WT; and the elimination of current legal risks associated with its existing telephone communications WT; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be approved by a majority vote of the voters; and WHEREAS, the amendments proposed in the attached ordinance may be characterized as an "increase" in the WT under Proposition 218; and WHEREAS, Proposition 218 permits the City Council to call a special election to impose, increase or extend a general tax, if the City Council finds that there exists an emergency requiring an election to be conducted earlier than the next regularly scheduled general election at which city council members are to be elected; and WHEREAS, the next regularly scheduled general election at which city council members are to be elected is not until April, 2010; and El WHEREAS, as described above, the health, safety and general welfare of the citizens of the City would be endangered if the City were unable to place the UUT measure before its voters until April, 2010; and WHEREAS, all of the circumstances described create an emergency situation warranting the placement of a measure on the next available special election ballot to permit the voters to decide on the UUT measure pursuant to Proposition 218. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council finds that all of the preceding recitals are true and correct. SECTION 2. Declaration of Emergency. Pursuant to California Constitution, Article XIIIC, Section 2(b), the City Council hereby unanimously declares the existence of an emergency in that there are imminent financial risks and dangers, as described above, to the public welfare and the City's financial ability to provide essential municipal services without disruption, so that a special election is necessary to address such risks and dangers. 5 SECTION 3. Submission of Measure. Pursuant to Government Code Section 53724 and any other applicable requirements of the laws of the State of California, the City Council hereby orders the following proposed ordinance to be submitted to the voters of the City at a special municipal election to be held on Tuesday, June 9, 2009: "Shall an ordinance be adopted to update, YES with no increase in rates, Arcadia's existing Utility User's Tax on telephone/ telecommunications services to address current and future technologies in order to preserve funding for critical City services, including police and fire protection, paramedic services, library and recreational programs, so that all taxpayers are treated equally regardless of technology used, while maintaining current low income and disabled exemptions ?" NO SECTION 4. Text of Ordinance. The text of the ordinance to be submitted to the voters is attached as Exhibit "A ". SECTION 5. Conduct of Election. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in C this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of Election. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. Impartial Analysis. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten (10) days following the adoption of this Resolution. SECTION 8. Certification. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 7 Passed, approved and adopted this day of 1 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: b' Stephen P. Deitsch City Attorney ATTACHMENT "A" Ordinance Regarding Utility Users Tax (ATTACHED) W MEASURE " " ORDINANCE NO. XXXXX AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA UPDATING THE TELEPHONE/TELECOMMUNICATIONS PROVISIONS OF THE CITY'S UTILITY USERS TAX. (NOTE: additions are highlighted in bold italics and deletions are highlighted in strikeout) THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2670 of Part 7 of Chapter 6 of Article II of the Arcadia Municipal Code is hereby amended to read as follows: "2670. DEFINITIONS. The definitions given in this section govern the construction of this Part. (a) "Person" shall mean any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership or any kind, joint venture, club, Massachusetts business or common -law trust, society, individual, or municipal corporation. (b) "City" shall mean the City of Arcadia. (c) ", "eElectrical corporation", "gas corporation ", "water corporation ", and "cable television corporation" shall have the same meanings as defined in Sections 234, 218, 222, 241 and 215.5, respectively, of the Public Utilities Code of the State of California, as said sections existed on January 1, 1970, except that "water corporation" shall not mean or include the City of Arcadia. (d) "Tax Administrator" shall mean the Finance Director of the City of Arcadia. (e) "Service Supplier" shall mean a person required to collect and remit a tax imposed by this Part. (f) "Service User" shall mean a person required to pay a tax imposed by this Part. (g) "Month" shall mean a calendar month (h) "Ancillary Telecommunications Services" shall mean services that are associated with or incidental to the provision, use or enjoyment of telecommunications services, including but not limited to the following services: (1) "Conference bridging service" means an ancillary service that links two or more . participants of an audio or video conference call and may include the provision of 10 a telephone number. Conference bridging service does not include the telecommunications services used to reach the conference bridge. (2) "Detailed telecommunications billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement (3) "Directory assistance" means an ancillary service ofproviding telephone number information, and/or address information. (4) "Vertical service" means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. (5) "Voice mail service" means an ancillary service that enables the customer to store, send or receive recorded messages. Voice mail service does not include any vertical services that the customer may be required to have in order to utilize the voice mail service. (i) "Billing Address" shall mean the mailing address of the service user where the service supplier submits invoices or bills for payment by the service user. (j) "Communication Services" shall mean telecommunications services and ancillary telecommunication services. (k) "Mobile Telecommunications Service" shall have the same meaning and usage as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations thereunder. (1) "Municipal Organization" shall mean an organization or association created by statute or by voluntary action, whose purpose' is to facilitate the development and dissemination of uniform rulings or interpretations regarding the application of utility users taxes to communications services in the State of California. (m) "Place of Primary Use" shall mean the street address representative of where the customer's use of the communications service primarily occurs, which must be the residential street address or the primary business street address of the customer. (n) "Post -Paid Telecommunication Service" shall mean the telecommunication service obtained by making a payment on a telecommunication -by- telecommunication basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a service number which is not associated with the origination or termination of the telecommunication service. (o) "Prepaid Telecommunication Service" shall mean the right to access telecommunication services, which must be paid for in advance and which enables the origination of telecommunications using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount 11 (p) "Private Telecommunication Service" shall mean a telecommunication service that entitles the customer to exclusive or priority use of a telecommunications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels. A telecommunications channel is a physical or virtual path of telecommunications over which signals are transmitted between or among customer channel termination points (Le., the location where the customer either inputs or receives the telecommunications). (q) "Service Address" means any of the following: (1) The location of the service user's telecommunications equipment from which the telecommunication originates or terminates, regardless of where the telecommunication is billed or paid; or, (2) If the location in subsection (1) of this definition is unknown (e.g., mobile telecommunications or VoIP service), the service address means the location of the service user's place of primary use, or (3) For prepaid telecommunication service, "service address" means the location associated with the service number. (r) "Streamlined Sales and Use Tax Agreement" shall mean the multi -state agreement commonly known and referred to as the Streamlined Sales and Use Tax Agreement, and as it is amended from time to time. (s) "Communications Services" shall mean the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, whatever the technology used The term "communications services" includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (VoIP) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video and/or data services that is functionally integrated with "communications services ". "Communications services" include, but are not limited to the following services, regardless of the manner or basis on which such services are calculated or billed: ancillary telecommunication services; mobile telecommunications service; prepaid telecommunication service, post-paid telecommunication service, private telecommunication service, paging service; 800 service (or any other toll free numbers designated by the Federal Communications Commission); 900 service (or any other similar numbers designated by the Federal Communications Commission for services whereby subscribers who call in to pre - recorded or live service). (t) "VoIP" (Voice over Internet Protocol) shall mean the digital process of making and receiving real -time voice transmissions over any Internet Protocol network. 12 (u) `800 SERVICE" shall mean a "communications service" that allows a caller to dial a toll free number without incurring a charge for the call The service is typically marketed under the name `800'; `855'; `866'; `877'; and `888" toll free calling, and any subsequent numbers designated by the Federal Communications Commission. (v) "900 SERVICE" shall mean an inbound toll "communications service" purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded announcement or live service. "900 service" does not include the charge for. collection services provided by the seller of the "telecommunications services" to the subscriber, or service or product sold by the subscriber to the subscriber's customer. The service is typically marketed under the name "900" service, and any subsequent numbers designated by the Federal Communications Commission." Section 2. Section 2671 of Part 7 of Chapter 6 of Article II of the Arcadia Municipal Code is hereby amended to read as follows: "2671. TELEPHONE COMMUNICATIONS SERVICES TAX. (a) There is hereby imposed a tax upon every person in the City, using intrastate, interstate and international communications services, including cellular telephone services, and the telephone services that gain access to th Pu S witched Networ (PS by m eans o vari technologies, by every person in the City using such services. The tax imposed by this section shall be at the rate of five percent ( 5 %) of all charges made for such services and shall be paid by the person paying for such service. There is a rebuttable presumption that communications services, which services are capable of terminating a call to another person on the general telephone network, and which are billed to a billing or service address in the City, are used, in whole or in part, within the City's boundaries, and such services are subject to taxation under this chapter. If the billing address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax (b) "Mobile Telecommunications Service" shall be sourced in accordance with the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124). The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this Part, sourcing rules for the taxation of other communication services, including but not limited to post-paid telecommunication services, prepaid telecommunication services, and private telecommunication services, provided that such rules are based upon custom and common practice that further administrative efficiency and minimize multi jurisdictional taxation (e.g., Streamlined Sales and Use Tax Agreement). (bc) As used in this section, the term "eharges" shall net inebide ehafges - Re 13 twE due; f shal a '� "telephone communciations services" shall not include `exd private mobile radio services" a~ � ms r idme mobil °° ° ° [as defined in S eefiaii Part 20.3 of Title 47 of the Code of Federal Regulations], or `private mobile service" [as defined in 47 U.S.C.A. Section 332(d)(3)], which is not interconnected with the PSN 1,197(). As used in this section, the term "communications services" shall include, but shall not be limited to charges for: connection, reconnection, termination, movement, or change of communications services, late payment fees; detailed billing, central office and custom calling features (including but not limited to call waiting, call forwarding, caller identification and three -way calling); voice mail and other messaging services, directory assistance; access and line charges, universal service charges; regulatory, administrative and other cost recovery charges, local number portability charges; and text and instant messaging. "Communication services" shall not include digital downloads such as, music, ringtones, games, and similar digital products. T he tax en eell w.e..,s e a shall be effeetive on Deeembef 2, 1993. As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the communications services. (e) The Tax Administrator, from time to time, may issue and disseminate to communications service suppliers that are subject to the tax collection requirements of this Part, an administrative ruling identifying those communications services that are subject to the tax of subsection (a) above. This administrative ruling shall not impose a new tax, revise an existing tax methodology as stated in this Part, or increase an existing tar except as allowed by California Government Code Section 53 750(h)(2), as it may be amended from time to time. (t) To facilitate the uniform interpretation and application of similar ordinance provisions in other local jurisdictions in the state, the Tax Administrator may, prior to issuing and disseminating a sourcing rule or an administrative tax ruling, submit his or her proposed sourcing rule or administrative tax ruling to a Municipal Organization for review and comment, according to the rules and procedures of that Municipal Organization, or its successor organization. (g) To prevent actual multi-jurisdictional taxation of communications services subject to tax under this section, any service user, upon proof to the Tax Administrator that the service user has previously paid the same tax in another state or city on such communications services, shall be allowed a credit against the tax imposed to the extent of the amount of such tax 14 legally imposed in such other state or city, provided, however, the amount of credit shall not exceed the tax owed to the City under this section." Section 3. Section 2671.4 is hereby added to Part 7 of Chapter 6 of Article II of the Arcadia Municipal Code and shall read as follows: "2671.4 EFFECT OF B UNDLING TAXABLE WITH NON - TAXABLE ITEMS. If any nontaxable charges are bundled with and not separately stated from taxable service charges on the customer bill or invoice of a service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions of the combined charge that are nontaxable and taxable through the service supplier's.books and records kept in the regular course of business, and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the burden of proving the proper apportionment of taxable and non - taxable charges. If the service supplier offers a combination of taxable and non - taxable services, and the charges are separately stated, then for taxation purposes, the values assigned the taxable and non- taxable services shall be based on its books and records kept in the regular course of business and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the burden of proving the proper valuation of the taxable and non - taxable services. " Section 4. Section 2671.6 of Part 7 of Chapter 6 of Article II of the Arcadia Municipal Code is hereby amended to read as follows: "2671.6 INDEFINITE SUSPENSION OF PORTION OF THE UTILITY USER TAX RATE That notwithstanding the utility user tax rates set forth in ° ' seetiefts 2 67 1 (a)j 2671.1 (a} and 2671.2 (a), of this Code, the utility user tax rate for electricity shall be five percent (5 %) of the charges for such electricity; and the utility user tax rate for gas shall be five percent (5 %) of the charges for such gas. That during such time as this Section of the Arcadia Municipal Code is in effect, the utility user tax rates imposed by Subsections 2674 -(a), 2671.1 (a) and 2671.2 (a) over the rate set forth in this Section, shall be suspended, and shall not be collected. The rate set forth in this Section shall not be operative as to a service user and the duty to collect the tax pursuant to such rate from a service user shall not commence until the beginning of the first regular billing period applicable to that service user which starts on or after June 3, 1980. Where a service user receives more than one (1) billing, one or more being for different periods than another, the rate set forth in this Section shall be operative, and the duty to collect the tax pursuant to said rate shall arise separately for each billing period. The utility users tax shall be reviewed annually by the City Council and the City Council may, by ordinance or resolution, adjust the rate or temporarily suspend all or a portion of the tax, as appropriate to the financial condition of the city. No adjustment to the rate or temporary 15 suspension of the tax shall constitute a decrease in a tax, or an increase in a tax requiring voter approval under California Constitution Article XLUC (Proposition 218); provided the City Council's action does not increase the tax beyond the maximum rate or methodology set forth in this voter - approved ordinance. To the extent that any aspect of a rate adjustment or temporary tax suspension is found to invoke such a requirement under Proposition 218, the entire City Council action shall be deemed null and void ab in&io, and there shall be no entitlement to adjustment or suspension for any service user. " Section 5. Section 2671.8 is hereby added to Part 7 of Chapter 6 of Article II of the Arcadia Municipal Code and shall read as follows: "2671.8 SUBSTANYTIL NEXUS/MINIMUM CONTACTS For purposes of imposing a tax or establishing a duty to collect and remit a tax under this chapter, "substantial nexus" and "minimum contacts" shall be construed broadly in favor of the imposition, collection andlor remittance of the utility users tax to the fullest extent permitted by state and federal law, and as it may change from time to time by judicial interpretation or by statutory enactment A service supplier shall be deemed to have sufficient activity in the City for tax collection and remittance purposes if its activities include, but are not limited to, any of the following: maintains or has within the City, directly or through an agent or subsidiary, a place of business of any nature, solicits business in the City by employees, independent contractors, resellers, agents or other representatives, solicits business in the City on a continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or relayed from a transmitter with the City or distributed from a location within the City; or advertises in newspapers or other periodicals printed and published within the City or through materials distributed in the City by means other than the United States mail; or if there are activities performed in the City on behalf of the service supplier that are significantly associated with the service supplier's ability to establish and maintain a market in the City for the provision of services that are subject to a tax under this Chapter. " Section 6. Section 2672.1 of Part 7 of Chapter 6 of Article II of the Arcadia Municipal Code is hereby amended to read as follows: "2672.1 EXEMPTION. The tax imposed by this Part 7 shall not apply during any calendar year to any of the following: (a) Reads of heusehalds undef th n„rc .. i p efsena l r___m_ m__ Law r_ _ t he '°"�:d <<...e�a . Any service user who has an income adjusted for family size, at or below fifty percent (50 %) of the area median income as determined under the Section 8 Income Limits for Los Angeles County as published by the United States Department of Housing and Urban Development and applicable to the Community Development Block Grant Programs; and 12 (b A h d d .:F h .7' ted d F F t1.e C °) - cx'cioo,ma- miu�rrxc= ar'xmSc sairm zsaja3xcQ brvS�r i ixcvxiic a.S o$cQ�p6S o r - c. a v C ne h «.e T r ,. F . the . for r w hi e h sa id t a A..e . .,.,, th a n 1..1m y in iz nnn th .. - 000. I fte m e T.... T aw f r the year f r .. high sa id t...,...... e A..e ... n a than $7 (db) Any persea service user who meets the criterion of disability as established by the Social Security Administration's Supplemental Income program for the Aged, Blind and Disabled. (Title XVI of the Social Security Act as amended.)" Section 7. Section 2679.1 is hereby added to Part 7 of Chapter 6 of Article II of the Arcadia Municipal Code and shall read as follows: "2679.1 FUTURE AMENDMENT TO CITED STATUTE Unless specifically provided otherwise, any reference to a state or federal statute in this Part shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a state or federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease (as a result of excluding all or a part of any utility service, or charge therefor, from taxation). Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or would not result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent To the extent that the City's authorization to collect or impose any tax imposed under this Part is expanded or limited as a result of changes in state or federal law, no amendment or modification of this Part shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this chapter." Section 8. Effective Date. The amendments to this Part are subject to a vote of the citizens of Arcadia and shall become effective immediately upon the date that the City Clerk certifies that this Ordinance has been approved by a majority of the voters of Arcadia at the Special Municipal Election of April 21, 2009. Section 9. Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The People of the City of Arcadia hereby declare that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 17 Section 10. Certification/Summary. Following the City Clerk's certification that the citizens of Arcadia have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law. I hereby certify that the forgoing ordinance was PASSED, APPROVED and ADOPTED by the People of the City of Arcadia on the day of , 2009. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Mayor of the City of Arcadia H RESOLUTION NO. 6666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Arcadia, California on Tuesday, June 9, 2009, at which there will be submitted to the voters the following measure: "Shall an ordinance be adopted to update, with no increase in rates, Arcadia's existing Utility User's Tax on telephone /telecommunications services to address current and future technologies in order to preserve funding for critical City services, including police and fire protection, paramedic services, library and recreational programs, so that all taxpayers are treated equally regardless of technology used, while maintaining current low income and disabled Yes No NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council authorizes (i) all members of the City Council, (ii) any individual voter eligible to vote on the above Measure, (iii) a bona fide association of such citizens or (iv) any combination thereof, to file a written argument in favor of or against the City Measure, accompanied by the i printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed below by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be March 3, 2009, 5:00 p.m. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. SECTION 2. The City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. If the Measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed with the City Clerk within ten (10) days following adoption of the Resolution calling the election. 2 SECTION 3 Resolution. The City Clerk shall certify to the adoption of this Passed, approved and adopted this day of 1 2009. Mayor of the City of Arcadia Fmmqlv City Clerk A PPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 RESOLUTION NO. 6667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § §9220 and 9285 of the Elections Code of the State of California authorize the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the Measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the Measure to the authors of any argument against the Measure and a copy of an argument against the Measure to the authors of any argument in favor of the Measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city Measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign a rebuttal argument. A rebuttal argument may not be signed by more than five individuals. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. The deadline for submitting rebuttal arguments is hereby declared by the City Clerk to be March 13, 2009, 4:00 p.m., which is 10 days after the final date for filing primary arguments. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this day of 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: n . Stephen P. Deitsch City Attorney N STAFF REPORT Arcadia Redevelopment Agency February 17, 2009 TO: Chairman and Redevelopment Agency Board FROM: Jason Kruckeberg, Development Services Director S0'�- By: Jerry Schwartz, Economic Development Manager )/0 SUBJECT: Authorize a budaet allocation of $318.643 from the Agencv's unprogrammed reserves to make the required Educational Revenue Augmentation Fund (ERAF) payment to the State of California for FY 2008 -2009 as required by AB 1389 Recommendation: Approve SUMMARY Assembly Bill 1389, a trailer bill that was part of the 2008 -2009 State budget, included a one -time "raid" of redevelopment agency funding for $350 million. The money is transferred to the Education Revenue Augmentation Fund (ERAF) to offset some of the State's costs for education. The amount that will be taken from the Arcadia Redevelopment Agency is $318,643. It is due to the State by May 10, but the Agency must report how it will pay its share by the end of February. DISCUSSION The Education Revenue Augmentation Fund (ERAF) is a budget balancing mechanism that has been used by State lawmakers several times during the past few years. It was last used when the State took our money for a two -year period but allowed project areas to be extended for up to two years by resolution rather than the typical amendment process. The Central Redevelopment Project was extended for two years during that timeframe. During FY 2008 -2009, the Governor and State Legislators have again voted to use redevelopment to help balance the state budget. AB 1389, one of the bills approved along with the budget, required redevelopment agencies to transfer $350 million to the state to offset some of the cost to fund education. This was done despite the fact that redevelopment is one of the only tools available for local governments to support businesses and preserve and create jobs, important capabilities in the current economic Staff Report February 17, 2009 Page 2 climate. AB 1389 does not include the ability to extend the project area time limits, meaning that there is no tradeoff for taking our redevelopment funds. The Arcadia Redevelopment Agency's share of this requirement is $318,643 for FY 2008 -2009. It is due to the state by May 10. However, all redevelopment agencies are required to inform the state of their method of payment by the end of February. Agencies that cannot afford to pay have the option to borrow up to 50% of the ERAF amount from their low /mod housing fund. Staff is recommending that the entire payment come from its general redevelopment fund, not from low /mod housing. The California Redevelopment Association (CRA) has filed a lawsuit claiming that the raid of redevelopment funds required in AB 1389 is unconstitutional. CRA is hopeful of having a decision on the case or on the requirement to make the ERAF payment before May 10. While we will continue to monitor this case, we are nonetheless proceeding as if the payment deadline will remain unchanged. It is important to note that this ERAF shift is not without consequences. The Agency identified several priority projects in its last five year implementation plan. Given the high land prices in Arcadia and without the power of eminent domain, the loss of $318,643 will make redevelopment more difficult. The State Legislative Analyst has recommended that the ERAF shift be made permanent. While there has not been any action on this proposal, it is possible that the Governor and State Legislators will look to redevelopment again as one source to solve the growing state deficit. FISCAL IMPACT The impact on the Redevelopment Agency for FY 2008 -2009 is $318,643. The transfer of these funds to the State reduces the tax increment available to meet the goals for the Central Project Area. There is no impact on the General Fund. RECOMMENDATION That the Redevelopment Agency Board authorizes a budget allocation of $318,643 from unprogrammed Agency funds to make ERAF payment to the State of California as required by AB 1389. Approved: Donald Penman, C Manager /Executive Director JK:JS:aa