HomeMy WebLinkAbout10-12-10 (2)6:00 P.M., City Council Chamber Conference Room, 240 W. Huntington Drive
CALL TO ORDER
ROLL CALL:
PRESENT: Commissioners Baderian, Beranek, Chiao and Parrille
ABSENT: Commissioner Baerg
MOTION:
It was moved by Commissioner Baderian to excuse Commissioner Baerg from the meeting.
Without objection the motion was approved.
OTHERS ATTENDING
There were none.
MINUTES
ARCADIA PLANNING COMMISSION
AND
BUSINESS PERMIT AND LICENSE REVIEW BOARD
GENERAL PLAN UPDATE STUDY SESSION 6:00 P.M.
AND
REGULAR MEETING 7:00 P.M.
Tuesday, October 12, 2010
Arcadia City Council Chambers
Assistant City Manager /Development Services Director, Jason Kruckeberg
City Attorney, Steve Deitsch
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Senior Planner, Lisa Flores
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
There were none.
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit
per person
STUDY SESSION
1. DISCUSSION OF GENERAL PLAN MATERIALS
Staff will answer questions on the Draft General Plan, Environmental Impact Report and
Draft Zoning Code Amendments.
Mr. Kruckeberg and Ms. Flores responded to a number of questions from the
Commissioners regarding the material covered at the last Study Session.
Chairman Parrille called a recess. 6:50 p.m.
RECONVENE PLANNING COMMISSION MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL:
7:00 p.m., City Council Chamber
PRESENT: Commissioners Baderian, Beranek, Chiao and Parrille
ABSENT: Commissioner Baerg
MOTION:
It was moved by Commissioner Baderian to excuse Commissioner Baerg from the meeting.
Without objection the motion was approved
OTHERS ATTENDING
Assistant City Manager /Development Services Director, Jason Kruckeberg
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Associate Planner, Tom Li
Business License Officer, Silva Vergel
Detective, John Bonomo
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
There were two letters relating to Item 2 on the agenda that were distributed to the
Commissioners.
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit
per person
PUBLIC HEARING
All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning
any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally
challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may
be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the
Public Hearing.
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BUSINESS PERMIT AND LICENSE REVIEW BOARD HEARING
2. ORCHID SPA
1004 N. Santa Anita Avenue
Mark Vitatema
This is an appeal of a business license revocation for non compliance with the City of
Arcadia Massage Therapist and Business License regulations by Orchid Spa.
Business License Officer, Silva Verge!, presented the staff report.
Chairman Parrille asked if the Board members had any questions.
There were none.
The public hearing was opened.
Chairman Parrille asked if there was anyone who would like to speak in favor of this appeal.
Mr. Mike Mak, attorney, represented the appellant, Mr. Mark Vitaterna. Mr. Mak
summarized his client's position by responding, item -by -item, to the violations listed in a
letter from the Business License Officer dated September 17, 2010. Mr. Mak contends that
the alleged violations are the result of various misunderstandings between his client and
staff and that the violations in question are minor in nature. Therefore, he asked the Board
to support his client's appeal and reverse the revocation.
Board Member Baderian noted that Orchid Spa has been operating in the city since 2007
and he asked Mr. Mak if his client received a copy of the City's Business License rules and
regulations when the business first opened. Mr. Mak responded by saying that his client
had received this information and understood the applicable rules and regulations. Mr.
Vitatema, the business owner, confirmed this.
Board Member Baderian asked how many hours per week the spa is open. Ms. Ana Huang,
the spa manager, said they are open every day. Board member Baderian asked Ms. Huang
what percentage of their business is devoted to massage services. Mr. Mak replied that
massage services make up approximately 10-20% of their business.
Board Member Baderian asked if the trainee observed by the Business License Officer
during a recent inspection was touching the client or only observing. Mr. Mak said she was
only observing.
Board Member Baderian asked why treatment records were not available at the time of
inspection. Mr. Mak said that customers consider the treatment record requirement intrusive
so, to protect their privacy, the records are under the control of the spa manager who was
not present at the inspection. He did assure Board Member Baderian that the required
records are maintained and can be made available for inspection. He also said that clients
who refuse to provide all the information required for the treatment records are turned away.
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Board member Baderian asked Mr. Mak to explain why a recent inspection revealed a
massage therapist working at the spa who did not have the required valid city identification
card. Mr. Mak explained that the therapist had applied for a card four months ago and was
assured by staff that her application was approved and she would be receiving an ID card in
the mail. Based on this, his client assumed the therapist had the proper ID. Therefore,
Board member Baderian concluded that the spa manager allowed the massage therapist to
work without posting the required ID.
Board member Chiao noted that Mr. Mak said that treatment records were not available at
the time of inspection because inspections are not announced in advance and the business
owner, who is the only one with access to these records for reasons of client privacy, was
not present at the time of inspection. He pointed out that the Code requires that these
records are maintained for 24 months at the business location and that they are available for
inspection by staff at any time. Board member Chaio further noted that the required
records were not available at nine different inspections. Mr. Mak said that although the
required records are kept current they were not available at the time of inspection for
reasons previously mentioned.
Board member Chiao asked Mr. Mak how much of the business is devoted to massage
services. Mr. Mak said a rough estimate of 15-20% of the business is probably correct.
Board member Chiao pointed out that maintenance of accurate treatment records would
allow a precise determination of the percentage of business devoted to massage services.
Board member Chiao asked Mr. Mak about the Orchid Spa internet ads showing Asian
women dressed in non uniform attire that is not consistent with city regulations. Mr. Mak
said that the ads were produced by an independent contractor and do not accurately reflect
the attire of the employees at Orchid Spa.
Board member Beranek asked if a copy of the memo distributed to the Board members had
been sent to the appellant as well and Mr. Kasama confirmed that it had.
Mr. Mak agreed that his client needs to improve record keeping and clothing requirements
and that there are some other violations that have not been corrected. He pointed out that
massage businesses are held to a very high standard but claimed that none of his client's
alleged violations relate to moral or health code regulations. He further stated that although
he and his client appreciate the city's efforts to enforce the code, they feel that their
business deserves another chance.
Chairman Parrille asked if there was anyone who wanted to speak in opposition to this
appeal.
There were none.
MOTION:
It was moved by Commissioner Baderian to close the Public Hearing. Without objection the
motion was approved.
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MOTION:
Based on the information provided by staff and the business owner, it was moved by Board
member Baderian to deny the appeal and uphold the revocation of Orchid Spa's business
license and deny the business owner, Mr. Mark Vitaterna, a license to own or operate a
business in the City of Arcadia for a period of one (1) year.
ROLL CALL
AYES: Commissioners Baderian, Beranek, Chiao and Parrille
NOES: None
ABSENT: Commissioner Baerg
There is a ten (10) day appeal period after the appellant receives notice of the
approval/denial of the appeal.
CONSENT ITEMS
3. MINUTES OF SEPTEMBER 28, 2010
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to approve
the minutes of September 28, 2010 as presented.
ROLL CALL:
AYES: Commissioners Baderian, Beranek, Chiao, and Parrille
NOES: None
ABSENT: Commissioner Baerg
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
None
MODIFICATION COMMITTEE AGENDA
Chairman Parrille reported that one item was approved by the Modification Committee this
morning.
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
Mr. Kasama said that the next agenda will include the General Plan Update and a project at
Baldwin Plaza. He also reminded the Commissioners that a local developer, Richard Tipping,
has issued an invitation to them to attend an open house at 2 and 6 West Pamela Road on
October 27.
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ADJOURNED
ATTEST:
ry, Planning Commission
7:50 p.m.
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