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2013 Jan 15 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, January 15, 2013 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators, as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -4- matter
1. City of El Segundo vs. City of Los Angeles, et al., LASC Case No. BS094279
2. City of Los Angeles vs. Pacific Bell Telephone Company, et al., LASC Case No.
BC414272
3. Willmore vs. City of El Segundo, et al., LASC Case No. BC485025
4. Garton vs. City of El Segundo, et al., LASC Case No. YC066586
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
2
ra
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, January 15, 2013 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION —
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Fuentes
PRESENTATIONS
a) Presentation — 2012 Chamber of Commerce Holiday Parade Winners
b) Presentation — El Segundo High School Members of Grades of Green
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title one.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and potential action regarding an Ordinance amending El
Segundo Municipal Code Chapter 4 -10 and Section 15 -1 -6 concerning
regulation of massage establishments and massage technicians within the
City of El Segundo. Applicant: City of El Segundo
(Fiscal Impact: None)
Recommendation — 1) Open the public hearing; 2) Discussion; 3) Introduce and
waive first reading of the proposed Ordinance amending El Segundo Municipal
Code Chapter 4 -10 and Section 15 -1 -6 concerning regulation of massages within
the City of El Segundo; 4) Schedule second reading and adoption of the
Ordinance on February 5, 2013; and /or 5) Alternatively, discuss and take other
possible action related to this item.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
Id
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
2. Warrant Numbers 2590628 to 2590639 on Register No. 6 in the total amount
of $683,582.90 and Wire Transfers from 12/07/12 through 12/20/12 in the
total amount of $2,992,899.23 and Warrant Numbers 2590840 to 2591001 on
Register No. 7 in the total amount of $1,228,440.17 and Wire Transfers from
12/20/12 through 1/03/13 in the total amount of $766,604.02.
Recommendation — Approve Warrants Demand Registers and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
3. Regular City Council Meeting Minutes of December 18, 2012.
Recommendation — Approval.
4. Consideration and possible action regarding adoption of Plans and
Specifications for Installation of Sub - meters on the City's main electricity
meter for City Hall, the Police Department and the Fire Station. Project No.
PW 13 -02.
(Fiscal Impact: $0, $15,000.00 grant reimbursement)
Recommendation — 1) Adopt the plans and specifications; 2) Alternatively,
discuss and take other action related to this item.
5. Consideration and possible action to approve change orders with Premier
Developing Services, Inc. for Construction of the Masonry Building for the
Water Department's telemetry system (2161 E. El Segundo Blvd.) Project
No. PW 12 -04.
(Fiscal Impact $11,136.00)
Recommendation — 1) Authorize the City Manager to approve in the amount of
$11,136.00 with Premier Developing Services, Inc for Construction of the
Masonry Building for the Water Department's telemetry system. 2) Alternatively,
discuss and take other action related to this item.
6. Consideration and possible action regarding approval of a change order for
$855.76 for United Paving Co. for Maryland Street Improvements between
Palm Ave. and Mariposa Ave. Project No. PW 11 -02.
(Fiscal Impact $855.76)
Recommendation — 1) Approve a change order for United Paving Co. in the
amount of $855.76; 2) Alternatively, discuss and take other action related to this
item.
5
5
7. Consideration and possible action regarding Adoption of Plans and
Specifications for Construction of the Mariposa Avenue Storm Drain from
Maryland Street to Center Street. Project No. PW 12 -06.
(Fiscal Impact $90,000.00)
Recommendation — 1) Adopt Plans and Specifications; 2) Alternatively, discuss
and take other action related to this item.
8. Consideration and possible action regarding 1) adoption of Plans and
Specifications for Construction of the Pressure Reducing Station Waterline
Improvements at 2161 E. El Segundo Blvd and 2) authorizing the City
Manager to enter into a Reimbursement Agreement with the property owner
to cover 50% of the cost for these improvements. Project No. PW 13 -01.
(Fiscal Impact $35,000.00)
Recommendation — 1) Adopt Plans and Specifications; 2) Authorize the City
Manager to enter into a 50% Reimbursement Agreement with the property owner
of 2161 E. El Segundo Blvd. in a form approved by the City Attorney for the
Pressure Reducing Station Waterline Improvement Project; 3) Alternatively,
discuss and take other possible action related to this item.
9. Consideration and possible action to adopt Ordinance No. 1475 to amend
El Segundo Municipal Code ( "ESMC ") § 4 -8 -8 to allow fees relating to
entertainment permits to be adopted by City Council resolution. Applicant:
City Initiated
Fiscal Impact: $3,505)
Recommendation — 1) Waive second reading and adopt Ordinance No. 1475 for
Environmental Assessment No. EA -990; and /or 2) Alternatively, discuss and take
other possible related action to this item.
10. Consideration and possible action to waive bid requirements per El
Segundo Municipal Code ( "ESMC ") § 1 -7 -10 and authorize the City
Manager, or designee, to purchase an NEC "TileMatrix" video wall system
and associated hardware from Whitlock. The total cost for this purchase
will be $60,000 using COPS grant and equipment replacement funds.
(Fiscal Impact: $ 60,000)
Recommendation — 1) Pursuant to El Segundo Municipal Code Section 1 -7 -10,
waive the formal bidding process and purchase an NEC "TileMatrix" video wall
system and associated hardware from Whitlock using equipment replacement
and COPS grant funds; 2) Authorize the City Manager to execute an
agreement, in a form approved by the City Attorney, to purchase an NEC
"TileMatrix" video wall system and associated hardware from Whitlock using
equipment replacement and COPS grant funds; 3) Alternatively, discuss and
take other action related to this item.
2
11. Consideration and possible action to authorize the City Manager to execute
a professional services agreement with Willdan Homeland Solutions to
provide professional technical, and consulting support for the City's
Emergency Management program.
(Fiscal Impact: $60,000)
Recommendation — 1) Authorize the City Manager to execute a professional
services agreement with Willdan Homeland Solutions in the amount not to
exceed $60,000; 2) Alternatively, discuss and take other action related to this
item.
F. NEW BUSINESS
12. Consideration and possible action regarding acceptance of the 2013 -2018
Pavement Management Program Report prepared by Bucknam
Infrastructure Group (Fiscal Impact-_$O)
Recommendation — 1) Accept the Pavement Management Program report as
complete; 2) Alternatively, discuss and take other action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
13. Consideration and possible action regarding the administering of the Oath
of Office to the appointed City Treasurer.
(Fiscal Impact: None)
Recommendation — 1) Clerk presents Certificate of Appointment and administers
oath of office; 2) Alternatively, discuss and take other action related to this item.
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer -
Council Member Atkinson —
Council Member Fisher —
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Mayor Pro Tern Fuentes —
Mayor Jacobson —
14. Consideration and possible action to nominate, select and approve the
travel of a former Council member to travel to Guaymas in February 2013.
(Fiscal Impact: $1000.00)
Recommendation — 1) Authorize the City Manager to approve the travel costs for
a former Council member to travel to Guaymas; 2) Alternatively, discuss and take
other action related to this item.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property
Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: I �% �✓
TIME:
NAME:
C!
Presentation:
2012 Chamber of Commerce
i
Holiday Parade :
, Winners
Presentation
El Segundo High School
Members of Grades of Green
10
EL SEGUNDO PLANNING COMMISSION MEETING DATE: January 15, 2013
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and potential action regarding an Ordinance amending El Segundo Municipal Code
Chapter 4 -10 and Section 15 -1 -6 concerning regulation of massage establishments and massage
technicians within the City of El Segundo. Applicant: City of El Segundo (Fiscal Impact: None)
RECOMMENDED ACTION:
1. Open the public hearing;
2. Discussion;
3. Introduce and waive first reading of the proposed Ordinance amending El Segundo Municipal
Code Chapter 4 -10 and Section 15 -1 -6 concerning regulation of massages within the City of El
Segundo;
4. Schedule second reading and adoption of the proposed Ordinance on February 5, 2013; and /or,
5. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Ordinance.
2. Strike- out/Underline Format Text.
3. Planning Commission Resolution No. 2725 as adopted.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager '
REVIEWED BY: Sam Lee, Director of Plannin Building Safet�
APPROVED BY: Greg Carpenter, City Manag
BACKGROUND & DISCUSSION:
I. Introduction
The proposed project is an Environmental Assessment and a Zone Text Amendment to modify
the El Segundo Municipal Code (ESMC) regarding massage regulations to comply with changes
in state law. The proposed ordinance also modifies ESMC §15 -1 -6 to include massage
establishments in the definition of "Commercial" in the sub - category "Personal Services."
II. Background
In 2008, the California Legislature enacted Senate Bill (SB) 731 and codified in the California
Business and Professions Code a comprehensive massage practitioner and therapist certification
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process, which was further amended by Assembly Bill (AB) 619 in 2011. This statewide
permitting process is administered through the California Massage Therapy Council ( CAMTC)
and the law prohibits cities from establishing a separate license or permitting process. As a
result, staff and the City Attorney's office have prepared a proposed ordinance that establishes a
new background check procedure and health and safety regulations for massage establishments
intended to comply with recent changes in state law.
SB 731 and AB 619 created centralized state licensing regulations for massage establishments
and massage practitioners. The law recognizes the importance of communication with cities
regarding the permitting process and authorizes CAMTC to provide, upon request from a city or
law enforcement, information concerning a certificate holder, including history of disciplinary
actions against the certificate holder and any other information necessary to verify facts relevant
to administering a local ordinance. The law authorizes cities to adopt an ordinance requiring
any applicant for a business license to operate a massage establishment who has not been
certified by the CAMTC and owns more than a five percent (5 %) interest in the proposed
establishment to fill out an application providing relevant information required to conduct a
background check and make reasonable investigation into the information provided. Cities can
deny or restrict a business license if the applicant has provided materially false information
( §4612(b)(7)). Cities may also enforce health and safety regulations that are generally applicable
to other professional services and impose a business license fee generally applicable to other
professional services ( §§ 4612(b)(3), 4612(b)(4)).
However, it is also important to recognize that the law imposes restrictions on cities. Cities
cannot establish a separate license or permitting process. Cities also cannot apply land use and
zoning requirements applicable to massage establishments that are not equally and uniformly
applied to other professional or personal services businesses such as law and accountant offices,
chiropractors, acupuncturists, beauty salons and barber shops (§ 4612(b)(4)). Additionally, the
local building codes cannot require additional restrooms, showers or other facilities that are not
uniformly applicable to other professional and personal services businesses. The zoning code
cannot adopt regulations that require unlocked doors when there is no staff available to assure
security for clients and staff behind closed doors, or require windows that provide a view into
the massage rooms that interfere with the privacy of clients of the massage business
( §4612(b)(5)).
The City of El Segundo has six (6) existing massage establishments. City business licenses
were issued to 31 massage technicians last year. In the past 5 years, the City has not had any
criune issues with massage establishments and has had no criminal filings with independently
licensed massage technicians.
III. Analysis
Existing City regulations
The existing El Segundo regulations are no longer enforceable because of the changes in state
law. ESMC Chapter 4 -10 currently requires massage establishments and massage technicians in
the City of El Segundo to obtain a permit that includes a required background investigation.
Owners or operators of massage establishments and massage technicians are subject to a yearly
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inspection and renewal process. Massage establishments are only permitted to operate in the
City's Urban Mixed Use (M -U) Zones. Off -site massage services offered at a business other
than a massage establishment are permitted in the following zones: C -RS, C -2, C -3, CO, MU -N,
MU -S, M -1, M -2, MM, SB, GAC, AND P -F.
Proposed Ordinance
The proposed Ordinance would amend and replace ESMC Chapter 4 -10 in its entirety. The
proposed Ordinance would eliminate the requirement for a local massage permit, which is a
function administered by the State of California per Business and Professions Code §§ 4600, et
seq.. The Ordinance would require all massage establishments and massage technicians
operating in the City to hold certification from the CAMTC (the State permit). Owners or
operators of massage establishments and massage technicians would be required to display their
State permit, would be subject to a background investigation, and would be required to submit a
nonrefundable fee to defray the cost of the investigation. The City would retain the right to
revoke approvals for massage establishments that violate the terms of the Ordinance.
Pursuant to SB 731, staff proposes an ordinance that creates reasonable health and safety
provisions and background check procedures to operate a massage establishment in the
community. The ordinance requires that anyone who desires to operate a massage establishment
in the City who has not been certified by the CAMTC and owns more than a five percent (5 %)
interest in the proposed establishment must first complete a massage establishment application,
which requires submitting information needed for the City to conduct a background check. In
addition, the ordinance requires all massage practitioners or massage therapists to hold current
certification issued by the California Massage Therapy Council.
According to state law, in order to obtain certification as a Massage Practitioner, the applicant
must demonstrate the successful completion of 250 hours of training that incorporates
instruction on addressing anatomy, physiology, health and hygiene, and business ethics.
Certification for a Massage Therapist requires the completion of 500 hours in the curricula of
massage and related subjects. The applicant must also pass a state massage and bodywork
competency assessment examination. This ordinance also establishes a transitional period for
existing permittees to continue practicing while they obtain state certification on or before
December 31, 2014.
State law requires that the land use and zoning regulations applicable to massage establishments
be similar to those applied to other professional and personal services. Therefore, the ordinance
also revises ESMC § 15 -1 -6, which defines commercial uses, to ensure that massage
establishments are treated similarly to other personal commercial services, consistent with state
law requirements. Specifically, the ordinance would amend ESMC § 15 -1 -6 to define massage
establishments as a personal service, which is a subcategory of Retail Services. This would
allow massage establishments to operate in all zones in the City that permit Retail Services,
IV. Environmental Review
This ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14
California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to
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permit operation of existing facilities; consists only of minor revisions and clarifications to
existing regulations and specification of procedures related thereto; and consists of actions taken
to assure the maintenance, protection and enhancement of the environment. This ordinance,
therefore, does not have the potential to cause significant effects on the environment.
Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs.
§§ 15301, 15305, and 15308.
V. Planning Commission Hearing and Public Comments
On December 13, 2012, the Planning Commission held a public hearing regarding the proposed
Ordinance. No members of the public provided testimony at the Planning Commission meeting
and no written comments were received regarding the proposed Ordinance. After receiving
testimony and documentary evidence, the Planning Commission adopted Resolution No. 2725
recommending that the City Council approve Environmental Assessment No. EA -1007 and
Zone Text Amendment ZTA 12 -07 and adopt the proposed Ordinance concerning regulation of
massages within the City of El Segundo.
VI. Recommendation
Planning staff recommends that the City Council introduce and waive first reading of the
attached draft Ordinance amending El Segundo Municipal Code Chapter 4 -10 and Section 15 -1-
6 concerning regulation of massages within the City of El Segundo. If introduced without
changes, second reading and adoption of the Ordinance would occur on February 5, 2013.
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \1001- 1025\EA- 1007 \CC 1.15.13\EA 1007- CC Staff Report.doc
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ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 4 -10 AND SECTION 15 -1 -6 CONCERNING REGULATION
OF MASSAGES WITHIN THE CITY OF EL SEGUNDO.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds as follows:
A. The City currently regulates the practice of massage and the operation of
massage establishments for the benefit of the public health, safety and
welfare;
B. Business and Professions Code §§ 4600, et seq. (enacted by SB 731 in
2008 and amended by AB 619 in 2011) created a statewide system for
issuing massage worker permits, preempting local permitting systems and
requirements. The statewide permitting system is administered by the
California Massage Therapy Council;
C. The Business and Professions Code allows some local regulation of
massage establishments as part of the local business license process. To
enable the City to carry out the local regulation and review of massage
establishments found in Business and Professions Code §§ 4600, et seq.,
the City still must maintain massage establishment regulations in the El
Segundo Municipal Code ( "ESMC ");
D. On November 28, 2012, the City of El Segundo initiated an application for
Environmental Assessment No. EA -1007 and Zone Text Amendment No.
12 -07 to amend the ESMC regulating massages within the City of El
Segundo;
E. The application was prepared and reviewed by the City's Planning and
Building Safety Department for, in part, consistency with the General Plan
and conformity with the ESMC;
F. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA ") and the regulations promulgated thereunder (14 California
Code of Regulations §§ 15000, et seq., the "CEQA Guidelines "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
G, The Planning and Building Safety Department completed its review and
scheduled the public hearing regarding the application before the Planning
Commission for December 13, 2012;
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H. On December 13, 2012, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding this Ordinance,
including, without limitation, information provided to the Planning
Commission by City staff and public testimony;
On December 13, 2012, the Planning Commission adopted Resolution
No. 2725 recommending the City Council approve Environmental
Assessment No. EA -1007 and Zone Text Amendment No. 12 -07; and
J. This Ordinance and its findings are made based upon the entire
administrative record including, without limitation, testimony and evidence
presented to the City Council at its January 15, 2013, hearing including,
without limitation, the staff report submitted by the Planning and Building
Safety Department.
SECTION 2: Environmental Assessment. The proposed zone text amendment is
exempt from further review under the California Environmental Quality Act (California
Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14
California Code of Regulations §§ 15000, et seq.) because it establishes rules and
procedures to permit operation of existing facilities; consists only of minor revisions and
clarifications to existing regulations and specification of procedures related thereto; and
consists of actions taken to assure the maintenance, protection and enhancement of the
environment. This ordinance, therefore, does not have the potential to cause significant
effects on the environment. Consequently, it is categorically exempt from further CEQA
review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308.
SECTION 3: General Plan Findings. As required under Government Code § 65860 the
ESMC amendments proposed by the Ordinance are consistent with the El Segundo
General Plan as follows:
A. The proposed zone text amendment conforms with Land Use Element
Goal LU4 in that the amendment will help provide a stable tax base for the
City by providing a clear regulatory framework for massage uses and
permit their operation in a manner similar to other personal service uses.
E. The proposed zone text amendment is also consistent with Economic
Development Element Goal ED1 in that the amendment will help create in
El Segundo a strong, healthy economic community in which all diverse
stakeholders may benefit. The proposed amendment will provide a clear
regulatory framework for massage uses and permit their operation in a
manner similar to other personal service uses.
SECTION 4: Zone TextAmendment Findings. In accordance with ESMC § 15 -26 -4, the
proposed Zone Text Amendment is consistent with the goals, policies, and objectives of
the General Plan as follows:
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A. It is consistent with the purpose of the ESMC, which is to serve the public
health, safety, and general welfare and to provide the economic and social
advantages resulting from an orderly planned use of land resources.
B. It is necessary to comply with Business and Professions Code §§ 4600, et
seq.., to provide a clear regulatory framework for massage uses and
permit their operation in a manner similar to other personal service uses
consistent with state regulations.
SECTION 5: The definition of "Commercial" in ESMC Section 15 -1 -6 is amended in its
entirety to read as follows:
"COMMERCIAL:
Financial Institutions: Banks and trust companies, credit agencies, credit unions,
investment companies, lending and thrift institutions, securities /commodity
contract brokers and dealers, security and commodity exchanges, vehicle
finance (equity) leasing agencies. Financial institutions do not include check
cashing or payday loan facilities.
Retail Sales: Alcohol sales (off site), building material stores, convenience stores,
general retail stores, and warehouse retail showrooms.
General Retail Stores: General retail stores include sales, without limitation,
of appliances, art gallery, artists' supplies, bakeries (retail only), bicycles,
books and periodicals, cameras and photographic supplies, clothing and
accessories, computer and computer equipment, electronics, department
stores, drug and discount stores, collectible items sales, curio, gift and
souvenir shops, dry goods, fabric and sewing supplies, florists and
houseplant stores (indoor), furniture and home furnishings, grocery stores,
hardware, hobby materials, household and kitchen goods, jewelry, luggage
and leather goods, musical instruments, parts and accessories, newsstands,
orthopedic supplies, pharmacies, religious goods, small wares, specialty
shops, sporting goods and equipment, stationery, and toys and games.
Retail Services: Personal services and business and consumer support services.
Business And Consumer Support Services: Business and consumer support
services include, without limitation, establishments primarily providing
consumers and businesses with services, including maintenance, repair and
service, testing, rental, as well as the following: business equipment repair
services (except vehicle repair, see definition of Vehicle Sales And Services:
Maintenance /Repair), computer related services (rental, repair), copying,
quick printing, and blueprinting services, equipment rental businesses within
buildings, film processing laboratories, heavy equipment repair services
where repair occurs on the client site, household appliance and equipment
repair services, janitorial and maid services, mail advertising services
3 17
(reproduction and shipping), photocopying and photofinishing, protective
services (other than office related), window cleaning.
Personal Services: Personal services include, without limitation, barbershops
and beauty salons, clothing rental, dry cleaning pick up stores with limited
equipment, hair, nail, facial, and personal care, laundromats (self - service
laundries), massage establishments, photo development, shoe repair shops,
tailors, tanning salons.
Personal services and business and consumer support services may also include
accessory retail sales of products related to the services provided."
SECTION 6: ESMC Chapter 4 -10 is amended in its entirety to read as follows:
"Chapter 10 MASSAGE ESTABLISHMENTS
4 -10 -1: PURPOSE:
A. This chapter establishes new permitting standards intended to comply
with California law and establish health and safety guidelines for
massage establishments.
B. This chapter is not intended to be exclusive and compliance will not
excuse noncompliance with any state or local laws or regulations that
are uniformly applied to other professional or personal services
businesses including, without limitation, all zoning applications;
business license regulations; building, fire, electrical, and plumbing
codes; and health and safety code laws and regulations applicable to
professional or personal services businesses.
C. This chapter establishes a local regulatory system that allows only
state certified massage therapists and massage practitioners to
operate within the City. This chapter is also intended to allow a
transitional period for certain existing massage practitioners to
continue practicing while they obtain state certification before
December 31, 2014, and to coordinate the timing of the City's business
license renewals with the state massage certification process.
4 -10 -2: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter.
Words and phrases not defined by this chapter have the meaning set forth
elsewhere in this Code, the Business and Professions Code, or Government
Code.
4 18
"California Massage Therapy Council (CAMTC)" means the California Massage
Therapy Council created pursuant to Business and Professions Code §
4600.5(a).
"Certified Massage Practitioner" means a person who is currently certified as a
massage practitioner by the CAMTC, and who administers massage for
compensation.
"Certified Massage Therapist" means a person who is currently certified as a
massage therapist by the CAMTC, and who administers massage for
compensation.
"City" means the City of El Segundo.
"Director" means the planning manager or such other director designated by the
city manager.
"Massage" means any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts
of the human body with the hands or with the aid of any mechanical or electrical
apparatus, or other appliances or devices, with or without such supplementary
aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment
or other similar preparations.
"Massage Establishment" means and includes any massage establishment,
parlor, or any room, place or institution where massage is given or administered
by a massage technician as the primary service of the business establishment.
"Massage Technician" means any person, who gives, performs or administers to
another person a massage for any form of consideration.
"Person" means and includes person(s), firms, corporations, partnerships,
associations or other forms of business organization or group.
"Specified anatomical areas" means and includes any of the following human
anatomical areas: genitals, pubic regions, anuses or female breasts below a
point immediately above the top of the areola.
"Specified sexual activities" means and includes all of the following:
A. Fondling or other erotic touching of specified anatomical areas;
B. Sex acts including, without limitation, intercourse, oral copulation, or
sodomy;
C. Masturbation; or
5 19
D. Excretory functions as part of or in connection with any specified
sexual activity listed in this definition.
4 -10 -3: ADMINISTRATION:
The Director is authorized to administer this chapter and to promulgate
administrative policies and procedures required to implement the regulations set
forth in this chapter.
4 -10 -4: CERTIFICATIONS REQUIRED:
A. Massage Establishment. It is unlawful for any person to own, operate
or maintain a massage establishment unless all massage technicians
employed by the massage establishment hold a current, valid
certification from the CAMTC as a massage practitioner or massage
therapist.
B. Massage Technician. It is unlawful for any person to engage in, or
carry on the business or activities of a massage technician without a
certification from the CAMTC as a massage practitioner or massage
therapist.
C. Off - premises massage service. It is unlawful for any person to own,
operate, or maintain an off - premise massage service in the city unless
all massage technicians employed by the off - premises massage
service hold a current, valid certification from the CAMTC as a certified
massage practitioner or certified massage therapist.
4 -10 -5: MASSAGE ESTABLISHMENT OWNER BACKGROUND CHECK
REQUIRED:
A. Any person, association, partnership, or corporation desiring to operate
a massage establishment, that will own five percent (5 %) or more of
the massage establishment, and that is not a certified massage
practitioner or certified massage therapist, must make an application to
the Director for an investigation of the applicant's background and
history. A nonrefundable fee, in an amount set by resolution, must
accompany the submission of each application to defray the cost of
investigation, inspection and enforcement of this chapter. An annual
nonrefundable renewal fee will also be charged to defray associated
costs of investigation, inspection and enforcement.
B. Each applicant for a background check must submit the following
information:
6 20
1. The full true name and any other names used by the applicant.
2. The present address and telephone number of the applicant.
3. Driver's license number and social security number.
4. The proposed address of the massage establishment.
5. Each residence and business address of the applicant for the
three years immediately preceding the date of the application,
and the inclusive dates for such address.
6. Written proof that the applicant is at least 18 years of age.
7. Applicant's height, weight, and color of eyes and hair.
8. Two photographs of the applicant at least two inches by two
inches taken within four months preceding the date of the
application.
9. Applicant's business, occupation and employment history for the
ten years immediately preceding the date of application.
10. The business license or permit history of the applicant, including
whether such applicant has ever had any license or permit
issued by any agency or board, city, county or state revoked or
suspended, or has had any professional or vocational license or
permit revoked or suspended and the reason(s) for the
revocation.
11. All criminal convictions for any of the offenses set forth in this
chapter, and a statement of the dates and places of such
convictions.
12. If the applicant is a corporation, the name of the corporation
must be set forth exactly as shown in the articles of
incorporation or charter, together with the state and date of
incorporation and names and residence addresses of each of its
current officers and directors, and each stockholder holding
more than five percent of the stock of the corporation. If the
applicant is a partnership, the application must set forth the
names and residence addresses of each of the partners,
including the limited partners. If the applicant is a limited
partnership, it must furnish a copy of its certificate of limited
partnership filed with the county clerk. If one or more partners is
a corporation, the provisions of this section pertaining to
corporate applicants will apply. The applicant corporation or
7 21
partnership must designate one of its officers or general
partners to act as its responsible managing officer. Such
person must complete and sign all application forms required of
any individual applicant under this chapter, but only one
application fee will be charged.
13. The name and address of the owner and lessor of the real
property upon or in which the massage establishment is to be
operated, and a copy of the lease or rental agreement. If the
applicant is not the legal owner of the property, a notarized
acknowledgement from the owner of the property that a
massage establishment will be located on his or her property is
required for each massage establishment permit location.
14. The full true names and other names used, the present
addresses and telephone numbers, driver's license numbers,
and social security numbers, and state certificates from the
CAMTC or transitional licenses for all massage technicians who
will be working as employees or independent contractors at
each massage establishment permit location. The applicant
must provide the Director with any changes in the massage
technicians that work at the massage establishment during the
permit period within 10 working days of each change.
15. The Director may require the applicant to furnish fingerprints
when needed for the purpose of verifying identification.
16. Such other identification and information as may be required by
the Director in order to verify the information to be included in
the application.
C. The city is allowed a reasonable time, not to exceed 60 days, in which
to investigate the information on the application. During the
investigation of the background information, a city representative
including, without limitation, a member of the Police Department, Fire
Department, Building and Safety Department, Planning Department, or
any authorized representative thereof, may inspect, with or without
notice during regular business hours, the proposed place of business
to determine whether it conforms to the requirements of this chapter.
Upon completion of the inspection, the city representative must inform
the Director in writing of the findings of the inspection.
D. Background clearance will be issued, within 60 days of receipt of the
application, to any applicant who has furnished all of the information
required by this section in the application for such license, provided:
8 22
1. The applicant has not made a material false statement in the
application and that all massage technicians who will be working
as employees or independent contractors at each massage
establishment permit location possesses certification from the
CAMTC as a massage practitioner or massage therapist;
2. The applicant, if an individual, or in the case of an applicant
which is a corporation or partnership, any of its officers,
directors, holders or five percent or more of the corporation's
stock, has not, within five years immediately preceding the date
of the filing of the application been convicted in a court of
competent jurisdiction of any of the following offenses: Penal
Code §§ 243.4; 261; 266a through 266j; 267; 314 to 316; 318;
or 647(a, b, d); any offense requiring registration under Penal
Code § 290 or Health and Safety Code § 11590; or any felony
offense involving the possession, possession for sale, sale,
transportation, furnishing, or giving away of a controlled
substance specified in Health and Safety Code §§ 11054 to
11058, as amended; or any offense in another state which, if
committed in California, would have been punishable as one or
more of the heretofore mentioned offenses; or any offense
involving the use of force or violence upon the person of
another; or any offense involving theft, embezzlement or moral
turpitude;
3. The applicant is at least 18 years of age; and
4. The applicant has not had a massage technician, massage
establishment, escort service, nude entertainment, nude photo
studio or similar type of license or permit suspended within one
year or revoked within three years immediately preceding the
date of the filing of the application, unless the applicant can
show a material change in circumstances or that mitigating
circumstances exist since the revocation or suspension.
4 -10 -6: ADDITIONAL REQUIREMENTS:
Before operating a massage establishment in the city, massage establishment
owners must comply with all applicable codes adopted by the city, including,
without limitation, the building, electrical, and plumbing codes.
4 -10 -7: DISPLAY OF PERMIT:
Any owner of a massage establishment or off - premise massage service must
display the CAMTC certificates for all massage technicians prominently in a
conspicuous place, capable of being viewed by customers or city
9 23
representatives, at every location where massage is performed or conducted,
and carry photo identification card while on the premises of the massage
establishment and /or performing massage services. For off - premise massage
services, massage workers must also carry a copy of their CAMTC certificate
and photo identification card and display it to customers upon request. Any
advertising for a massage technician must include the name under which he or
she is certified and his or her certificate number.
4 -10 -8: MASSAGE TECHNICIAN CERTIFICATES REQUIRED:
It is unlawful for owners of massage establishments or off -site massage services
to allow any person to perform massage that is not a certified massage therapist
or certified massage practitioner.
4 -10 -9: PROHIBITED CONDUCT:
It is unlawful for owners of massage establishments or off - premise massage
services, or massage technicians, to conduct or allow any of the following
activities:
A. It is unlawful for any massage technician or any other employee
working in a massage establishment or for an off - premise massage
service, or customers, patrons, or guests of the establishment or
service, to engage in any specified sexual activities upon the premises
of the massage establishment or the off - premise massage location.
B. It is unlawful for any massage technician or other employee of a
massage establishment to expose specified anatomical areas in the
presence of any patron, customer, or guest.
C. In the course of administering the massage, it is unlawful for any
massage technician or other massage establishment employee to
make intentional physical contact with the specified anatomical areas
of any customer, patron or guest.
4- 10 -10: FACILITIES AND OPERATIONS:
It is unlawful for any massage establishment to operate unless the massage
establishment premises and operation comply with the following minimum
requirements:
A. Signs. A readable sign must be posted at the main entrance
identifying the establishment as a massage establishment, provided,
however, that all such signs must otherwise comply with the sign
requirements of this code.
10 24
B. Lighting. Minimum lighting must be provided in accordance with the
California Building Code, as adopted by this code, and, in addition, at
least one unobstructed artificial light of not less than nine hundred
(900) lumens must be provided in each enclosed room or booth where
massage services are being performed on a patron.
C. Ventilation. Minimum ventilation must be provided in accordance with
the California Building Code, as adopted by this Code.
D. Disinfection of Instruments. Instruments used for massage must be
disinfected before each use. Where instruments for massage are
employed, adequate quantities of supplies for disinfection must be
available during all hours of operation.
E. Water. Hot and cold running water must be provided at all times.
F. Linen Storage. Closed cabinets must be utilized for the storage of
clean towels and linen. After use, towels and linen must be removed
and stored in a separate container until laundered.
G. Sanitary Conditions. All walls, ceilings, floors, steam and vapor rooms,
and all other physical facilities for the massage establishment must be
kept in good repair and be maintained in a clean and sanitary
condition.
H. Clean Linen. Clean and sanitary towels and linens must be provided
for patrons receiving massage services. No common use of towels or
linens is permitted.
Compliance with Laws. The premises to be used must at all times
comply with all applicable state and local laws and regulations.
J. Any room in which a massage establishment provides massage
services may not be used for residential sleeping purposes.
K. A register of all individuals employed as massage technicians, and
copies of their current CAMTC certifications and the massage
establishment owner's business license, must be maintained and
available for inspection at all times during regular business hours.
L. Each person present in any area of the massage establishment
outside the waiting .area or other areas open to any member of the
public must be a certified massage practitioner or certified massage
therapist or the massage establishment owner.
M. The permits and certifications required by this chapter must be
displayed in an open and conspicuous public place on the premises.
11 25
4- 10 -11: EXCEPTIONS:
This chapter does not apply to the following classes of individuals, and no
CAMTC certification is required of such persons, while engaged in the
performance of the duties of their respective professions:
A. Acupuncturists who are duly certified to practice their profession in the
state of California.
B. Barbers, beauticians, and cosmetologists with respect to scalp, feet,
hands, and face massages, who are duly permitted pursuant to
Business and Professions Code §§ 7301, et seq., in accordance with
the limitations of their permits.
C. Nurses who are registered as such under the laws of the state of
California.
D. Physicians, surgeons, chiropractors, osteopaths, or physical therapists
who are duly permitted to practice their respective professions in the
state of California, or provide professional services in lawful
compliance with Corporations Code § 13401(a).
4- 10 -12: PUBLIC NUISANCE ABATEMENT:
Any massage establishment operated, conducted or maintained contrary to the
provisions of this chapter is unlawful and a public nuisance. The City Attorney is
authorized, in addition to or in lieu of any other legal or criminal proceedings, to
commence an action or proceeding for abatement, removal or enjoinment of
such massage establishment in the manner provided by law. The City Attorney
may seek a court order to grant such relief to abate or remove such massage
establishments and restrain and enjoin any person from operating, conducting or
maintaining such an establishment contrary to the provisions of this chapter.
4- 10 -13: REVOCATION:
A. Grounds for Revocation. The Director or City Attorney may revoke
approvals issued under this chapter for one or more of the following
grounds:
1. Fraud or Deceit. That the applicant practiced fraud or deceit in
obtaining an approval under this chapter;
2. Violation of Chapter. That the massage establishment owner,
operator, massage technician, or its employee violated a
provision or provisions of this chapter;
12 26
3. Criminal Conviction. That the massage establishment owner,
operator, massage technician, or its employee has been
convicted in a court of competent jurisdiction of any offense
described in this chapter;
4. Improperly Maintained Facilities. That the facilities and
operations of the massage establishment are not kept in
compliance with this chapter, and that the owner or operator has
failed to promptly remedy any deficiency of which they have
been notified. For purposes of this subsection, "notice" means
notice given personally or by leaving notice at the massage
establishment premises, or by first class mail, postage prepaid,
to the address designated by the massage technician or
establishment in accordance with this chapter;
5. Employment of Uncertified Technicians. That the massage
establishment has employed, allowed or permitted an
uncertified person to perform massage in the massage
establishment;
6. Error. That the approval was issued in error;
7. Civil Penalties. Assessment of three or more civil penalties as
provided by this chapter during any six month period; or
8. Prohibited Conduct. A massage establishment owner, operator,
massage technician, or its employee or agent has been found to
have engaged in prohibited conduct in violation of this chapter
or Business and Professions Code Section 4600 et seq.
B. Notice of Revocation. Upon a determination on the grounds to revoke
an approval under this chapter, the Director or City Attorney must
cause a notice of revocation to be mailed by first class, postage
prepaid mail, to the address designated by the massage technician or
establishment pursuant to this chapter.
4- 10 -14: CIVIL LIABILITY AND PENALTIES:
A. Any person violating any provision of this chapter is liable in a civil
action brought by the City Attorney for an amount up to $500 per
violation. Such person is also liable for reasonable attorneys' fees and
costs incurred by the City Attorney in any civil proceeding filed to
enforce this chapter.
B. Enforcing this chapter through civil action may be filed as an
13 27
alternative to criminal enforcement. Civil enforcement does not require
the violation to be knowing or willful. A civil action cannot be filed if the
person is being criminally prosecuted.
C. Each violation of this chapter is a separate offense subject to the civil
penalty.
D. The City Attorney may settle any civil enforcement before or after to
the filing of a civil action by imposing a civil penalty in an amount not
exceeding the potential civil liability, including attorneys' fees, set forth
in this section. If such civil penalty is paid in full, the City Attorney can
agree not to file civil or criminal actions or, if action has already been
filed, may dismiss such action. Imposition of all civil penalties is public
record.
E. All civil fines must be deposited into the general fund.
4 -10 -15 APPEAL:
Any person denied an approval under this chapter or a massage establishment
owner or operator whose approval has been revoked may appeal the denial or
revocation in writing pursuant to the appeal procedures provided in by section 1-
2A-15 et seq. of this code. Such appeal must be in writing an must be filed with
the City Clerk not more than fifteen (15) days following the Director's deposit into
the mail of the notice of denial or revocation sent to the applicant or massage
establishment owner or operator to the address listed by the applicant or
massage establishment owner or operator pursuant to this chapter. Any
successful appeal will result in approval or reinstatement of an approval and
refund of any fines collected by the City."
SECTION 7: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 8: Enforceability. Repeal of any provision of the ESMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 9: Validity of Previous Code Sections. If this entire Ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this Ordinance will be rendered void
and cause such previous ESMC provision or other the city ordinance to remain in full
force and effect for all purposes.
14 28
SECTION 10: Severa,bility. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 11: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
15 29
SECTION 12: This Ordinance will take effect on the 31st day following its final passage
and adoption.
PASSED, APPROVED, AND ADOPTED this _ day of February, 2013.
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
m
Karl H. Berger,
Assistant City Attorney
Carl Jacobson,
Mayor
ATTEST:
TRACY SHERRILL WEAVER, City Clerk
A
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF EL SEGUNDO )
I, TRACY SHERRILL WEAVER, City Clerk of the City of El Segundo, California, do
hereby certify that the foregoing Ordinance No. was introduced, and placed upon its
first reading at a meeting of the City Council of the City of El Segundo, held on the
day of January, 2013. That thereafter on the day of February, 2013, said
Ordinance was duly passed, approved and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated this
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
day of February, 2013
Tracy Sherrill Weaver, City Clerk
City of El Segundo, California
16 30
.� "fie -tee! rx r +t it a }r s-p &rT , gw€ 49f4. '4-
3
3--� 1474, a , X01 -94r. Chanter 10-MASSAGE E�3A�S�°
r ;-a
A. 'This clea47ter establishes new permitting standards intended to ca Rly
with California law and establish health acrd safety guidelines for
massag establishments.
B. 7This chaster is neat intended to be exrlus ve and eQr7 Liance will not
xcu _e oncomoliance with arly_state or Igcal_la`w c-r regM=Iatiq )s. that
are uniformly araoiied to other fissional drrsonal services
businesses including without limi atian all zoning agglieationss
usiness I icense reau I ations, bit�ildrnt., fire, eIec.trLc-a.1, p.gd l un n
de and health and safety rode jaws and regulations applicable to
pfofessional or persorIaR. services businesses.
C. 9This chapW establishes Io Ire l t r Howsoolvatate _
crt'fte� d m.assare the ra fists_ tl mass practitioners to o e to
within the Ctty This chapter is also intQnded to allgw a t n 'tional
period for certain existincr massage practitioners to continue ID i in
while they obtain sat ertifrcaitign b fare aecember 31 2014 an a
coordinate the timLn of the Uty's business license renewals with the
state ma cerbficatign -aces -,r`r 4
4- 10.2:" DEFINITIONS rz
Unless the cogtrary i§ §Ipted or clearly r ro on ext Vie following
definitions UQvgrn the constructioai of the words and r) ras s usi d in is chapter,
�or nd lxrases not defined by this charJter have the meaning set forth
else in th' Code. the Business and Pt icans Code. or Gouernment
Code. `7
rreateciursuan to: Business and Profess nr�s ��dc "
"Certified ssade Practiti -we_r" means a er
pson who is curremtlyc
LIl � erti#,ed as a
_ N1 ra ti ion r y_ the CA_ NAG_,, a rl who administer rrrassa�ce far
compensation.
18
31
"Certified Massage Therapist" means a person who is currently certified as a
massacre bra C,.and who for
qotppp s tion."'
lgi means the City of Q �Se q�n
"Direr r" means The planning mana er or S C[I Other rjirx-rtnr deli Hated h the
city manager. "'
FGF the PUFPGSe ef th'S GhapteF, reftaiR WGFds and phmasel; sh;;ll hp—tr-ed herein _;;s 69t
fA_F.th iR th;F-; C-;A-Gt;GR, unless it is appaFeAt ffOM the tGentext that A 4;"-,--f mea ing is intendec�
4—"muafft-Ao-4hiF, -s# aptfw-.
AMT. -who-files as app
G 161) MASS ,AG 94-RAGTI NF=R-. An iAdivildwal_ I;Ged by the MaGGage UWFapy
and Prefessions G 9f e_%Gtioo-4601(b) and-who
adfRipkAers -massage fe F
Aw-indl�pal o"fied by the nia&Sa4ge-thwa"
feselens Code seGfien 46OVc4a
DAY_- calendw ay--
MASSAG& AFiy 21 Wassggg" Means an 2 ilethoct oll pressure on, or friction against.
of stiokinq kneading, rubbing, taPping, pounding, `vibrating or sfinnulating the
external pals of the human body with the hands or wtth the aid of any mechanical
or elec'mcal apparatus or ogle= appliantes of devices 6,Pjitlh of without such
stipplepientary aids as rubbmig alcohoi, imin-iem, antiseptic oill powdef crearn
it) t iu, r. 0101 V)Ient f) t hl e Similar pt eparatlicins. 23
MA&&AGE RUS44WNT., Any xed plaGe of us4wwy�e-ary
25 wr MWRR49"
-le -voRl F% n I
cGrf*wa#ofv, " - - F (30
GaFAOS eFi oF pefmA64G.b& engaged in, Goffduote"F raFfie
OF 401F-CGOG446fatiQn M G&c-tqe .16 OF health 1 moi4t54nvGk4mj4nassages-Gr--bath6-a6
MASS EL T-E-GPN Any peFsEpn. m lfpale, Wile a4A4m+Stef&4a
WA&Aefatlon, a wam-go, a!Gehgl Rib, entalien, bath.-elesWG-49�magpel+c,
pfo-6edure, - -fi.ianipu4afi9n,- -of the body—GT------&jM4aF PI'GGe"-G-
MASSAGE THERAPY ORGANIZATION (MTQ)The opgaRizatio te
NG44GE-AA4#e
Paid, addF'0&G64-
Sewir
plaGmg--of- 4he - same-An the sustedy
19
32
TEE: AAPeF89F) u#i i ibe qf;aF3 -a- p A-as ppovided i F FF► :,ter;, $��ls
ageWs -- and
lF�g -Etas- �xar��+ a�- 4a- ses# i•• �7-: �-+ a#-# iae- 3i�e�+F�a- €d�r�}- t�cie -aFi+d
wkr #� ��as tai its parr ase kse teak vt4g- of the z" ,n , �4�,..a „�� iVl.
M- FegWiFes a
fB6riEiF� %t"ias`�i#gav- -v�-- a�vvTs+
less than two hundFed tG be given im not lem than thFee
rrv�-- rra*cc-
be�f��e�t - �i> �- Fas- �rnis4�e* a�- ra�iN�- a-- d+ �i€ a�a-- e�- ti#• F€ �# a- ��i- �c�tc�a�sert-- tf�}- �+�c =1-+
294,40-3- MASSAGE PERMIT, TINVeeTir ATION
Frera
Evefy die- , a: ^tCat�1s�Ftt a�
O+VyL-tl48F } a pFiy ale lea'h.
faassaee irf+al�, a!^aial r+atx�atwaa4iskt- �sicsFaltsare
a►i6f6dt+t arry�ktisiiFt Ala -tiek� #gas ifttciert �a �#ea
dfy-#x hQ#--FGG4 -' n,.. grange &A,; mm t3C � # #��it�g[is�eri�iFirty- ��t�+F -a
aGGGFda +#��4h,--s#� and fomF h of f9F a P.FAi a
trFUa i iOF1 fee effive lat►ctr#r �'� s ^.^�o;� €ad - h „e8na AIW sttA)segWetlY" aO AMAUal
lat�F+- •lree -�€- eves- i- tc�t����s-- � "n�.u;- `e� -#tt�- Est -€�# e,�ti�ttirt+�-- isaF�- ae��+�l
FRSPOOVOR URdeF the pfGgFai:R. in•addiIWA,
eaE;F'i pay SiAe R 09R'Sc isroie iiY �ce"v rnc`4"' [�i'va wri[1iyx s Gave A
, I-ent - t- at4equif -.14af a a massage 4&-a -e91e
33A jfj-d IUACCAf`C TECHNICIANS; PERMIT, CYA PATIO €S33
," 11 applym9AX-G-PW-f *i
^ t -stty ee , 4e er to rabtaia -a•- permit, each
Ftaas sage+ F' t- sesittliy- �ass-# l:► e- t.-€ i��1t�ates- C:��Frtt�- exar�}ifsati�+r -t -cif ap�isart�ts - €e�
massage teei3ftisiart pttrw3its afrd y rt ct ap l iF to t afF pit; ate a ar�F+raatiera -fae set by at ra +4
sts�re- are �te4 t€t tine btFSiness licee�se tair4fe #ery tkFse -4 eiecftas.sage
Ifs a t 4Gm the fa}t}t++reFeStai�lisi -#3
t+�- F�Eti3F33FEAVI t3t��F'tl{- Ff}E�FYi�£k}i F&fatifiF�hE}- (F3Fi6FW1i3 �k}7iFiG�IBF ?&
ssstak�i+ s�} �a�- #y- i�+s- er- �+€F�tieF�- il-Fe�t -fens - • �s
are- F�a�exs��fa•�• -i�tt set- #afifi� -iF'F- this- c4. -¢C��- �'i�i�#��a- 15-- �t3�t3 >�
35 LICENSE REQUIRE 36
�3%76titi r�fi;- �i�t' 43- iftf- �# 1Fi£ �bF�i-- �r$ �} E• 3FriF1�- �-& �Fi�L-} 5��} LFS13IEF &�- •F"AHfrt- S�tc7F:i-��
F}P6S i66flF3tffE}t c1flEi F='r
add ter} #�F+Aiis� 661 �ieE�� to 6k�C�i �d�
ail a#4#te- Wwffw brar #tses� uw aes €t#�t si4a ier 9,.�_ .a, -��� a 3}r 37
314 AA C• BITTEN APPLICATIONS REQIliDCf1.39
20
33
"_'Mass e E t bl`shmen " m ) Ono includejany rngssage gstablishilient
parlor or any room . place or institution where m s e I or�iii is a ed by
n a§ -5—a —Q--hi Ii jan as the pfialLy service f the business establishment,
„Massare Technician" meads any person, who gives. performs orjadLr-j� atersjp
anethgr person a ma§saae for anv form of consideration.
Person" means and includes riersr�nls firms corporations par tnershir,s
also iirL Qr othef forms of business organization or craw
gerifed a_n_atomical areas" means and includes any of the following�rn_arn
an i I rea : genitals. gubir, i an uses or e al brew is below a point
mmediatel +.aba — e tcrp of the araala
S cried v i •' (neap§ and includes of the following :44
A. 45 Fondling or other erotic touching of specified anatomical areas :46
47
C 49Masturbation: or'°
D. ''Excretory functions as art of or in connection with any sp!2cjfied
sexual activity listed in this definition!':
4 -10 -3: ADMINiSTRA11CA23
T_he Director is authorized_ to dminister this ehapter and to pfomulaate
admi is r _ kv olicies and proce dires roc aired to im lemen th r u a is s set
forth in this chap er. ^�
•► G *0111
A. 'S a E l` h is nlaw I for an son to ow . a e
or maintain a massage establishment unless all massage tecbrnicians
qmployed by the m4ssaae establishment held a current, valid -
ertificalbo froinAhe CAMIC 0 a massage r ti io er or s e
B. 58Ma e Technician. It ira unIgwful person to enau� -n- r
therapist.
C. 60O - nfernises massacre service It is unlawful for any person to own.
21
34
gperalp, or m4inlain ann o(f-gr rr i §e massao+a service in h city tLrt ass
all massaue technicians employed by the off - premises massage service
hold a !�nrretlli, stolid certification from the i�AMTC as a cert ire d massac��
practitioner or certified massage there ist_ r - - - -- -
4 -10 -5: MASSAGE ESTABLISHMENT OWNER BACKGROUND CHECK
REQUIRED..
A. 63Anv >person � 65
_ asritiattiar_n��sltit�_ or corporation desiring to
operate a massage establishment, that wiil_own fivrgrent °o or
--
Mgre of the , rrias q. esta_l lws irsent. and that �s r at_a certified massarae
oractitiyner or certified massage therapist. us mjeke an aeg ication to
the Dir__c_o_ r investigation of the li ant '§ bade and dod
histo . A nonrefund l feg. in an .moan set tay_resc lution m
, ust
accompany Ihe.s UO mission of each application to defray he cost of
fn;ves i ation. inspection and enforcement of this_ehwer. An annual
nga!rgfuD able reneyv I fee will also be c arqg� to dery associated
casts of investcaatiM inspection and enforcemeoLb''
a. 67 Eagh a li a t For a b�ckrtround check must submit tl3e followinrr
information:
1. 6`'The full true name and any other names used by the applicant,"'
2, '1 The rsent address _and e1_hane nurn b '2
3. 'triver:s license number and social security nummber.'#
4. '' The _proposed address of the massage establishment_76
5. "Each res denceand business address ,of t e c nt orh
hree years imrnedl r ing the date of the application,.
g[id tfle inclusive dates Lor such acldresss
6. '`'Written proof that the awlicant is at least 18 years of r�e.RQ
7. "A� ant's heiheiatit. weight and- �colyr of eves and hair, z
8 83 Two 84 photographs of the applicantAs at least two inches by two
inches taken within four months preceding the date of the
application.
9. 87Agplicant's business, occupation and ernplovment history for
the ten years i[Limediately preceding the elate of app ic;ation, "
1 o, S ° The bU§ines§ ficensp or permit history of the applicant.
inplvding whether such applicant has ever hid any license or
22
35
Dermit issued_ by any aaencv or board. city.-countv or _tate
revol<ed or suspe ded or has had any professional or vocational
license or permit revoked or suspended and thg real s o U
r cation.
11. ` A rirninal conviction _ r ae of the offenses set fdr#h_j�r t
chanter. and a statement of t e elates and places of such
onvic ioO_*_ VZ
A- i# €�g 7f p kr tse+ �4 I aEior #ae a �a �:islar a c rr+� s g� k sk,+3ici al Pef:md OF
Fenewal of +3. -;all he Wad...d,r.� i.�� i'f•� � �� � }�, t,3l��i�- sNl'It - U +3 -�9KF
pfovWed-uy4he GAY, 6
3w{i eggired- {Ord. 804..3 1 2 Oi a . 14' �c 0
- �i9RM@ tfri£ X88- F�fE3 1: 5 -the ra bf-'he
+r f#i i�re`� y- saet+c -44
IT
EaCh apFs'fGaUGPF- F nrv�r
f otaqk _Gf
tfie s tir # t es wiR# ira erne -y�ra M dal@ cfaPP4Ga4jOR-"
12 W-aameG reside Go-a+)4 _GGpaFlReFs
, - 99lfto0 tt-re applicant 1�i a corporattain
the name of the corporation 171 102 mustiQ3 be sat forth exac,'tiy
as shovvrl ill l)4#&1(l5the 106 articles of 101;�7
r11 t °$ oration or charter 160 togelho� wilh N a rrns ate ncar t ta r is i 113 tcrjporaton14ea
a rid t tc, •�arnes
and res d ence addre.,cips of each c.f 117 the HRjs cr rrentlig
n rzo, F8GtGFS121 and directors_ 1%. 5; ,k, each stocckhr ld,,. -+
123 ldin 1 "' ° i2s 1
wAiRg mor�i lhaf1 ton - fvef€cent 740%)
130 rf the, stock, cf th <, ,:I'ylf;r, re j�,! 131 If the applicant -i
-- - - n -must
partnership. the applicatio set forth the names and
MLd_enc_e addrl~sses of each of Vh_ artners, clud'r_ th lir i e
partners. if the applicant is a limited _pa nersh p it must funish.a
copy of its certificate of limited artnership filed with the county
clerk. . "I�' f one or mwe -of-the �partnels is a corporation- the
provision-,; of this section nerta1?ii! g to 135
aooy, orate cpUants will a The a licant cor oration
or a _ r �' t �_ rt"eof its officers or - r
partners to act as its responsible managing officer. _Such pefson
rrl�rst cocorplete, and sirtrz. 11 application forms required of any
indvi ual aoplant under this chapter, lout only one apolicatican
23
36
fee will be charged. 137
13. G. T�� ° : FR86, ideAGe--244 of tk @ wana( 1ri
=— 138
14.
15. f- Tho ack Ass an +s
Kmpur�a t #o Squafe foot aRsa - ##tia€ #_4e- be-a,06 kar, I hA Ala 66 ge sewmer, aod -r u4v4hef
5t�iatr €#cse�- lsi €esiw#s€+1{r�xrs
1_7 �,e4r�e €tee! aFlr1r €srefie� €ems t �€rsex#s€aa -A;G+ e#ais
SeGtio.. h - s 4ck4 'i # e Vii. *r_ rig
�ruu rs'��rr:�+r�AF -�FF3 i�r-- �3N�II�C3�5�^ �!€ r�7 �1�Ef�- fik- i ^PVf�iC#3F}- x�il'j�1�4EkF8F!er
�aX40VOGaUgA. The
a- Ir--i+ use- skga #�- �e- �€►si�re�as- t- ao�,� -:,= ��- �-. i' t #�i#��e- >}�- e#�kr +�1i+�- �g�:d..
�9�- 3- �- �-- 1- 4�i��-- �r€1-- i- ��7. -'k -1 15- 'i��SB� r•r
�_ k#��e€- eF -i�e� �€►y �er�oa �r�titaa laac�- r#>•- sa: l #��etieaa- �,- �- �- �r- �3- c># - #I�s
se isr has ever er se vietec# oaf a crime (e :iErd rr #zai+ N a e aNe s y ao- f-.sG 4h& details
cwt#'- �er�;- ►a�a4er+s- �f1fi���#�a- arm- i4s�as4�+a1�: ( ��- ��;-- �- �- �-- �- 4�- X3;-- ar�'!r- i -�€� -:
i 44
145
i° - Ki44 ra4i BE BF S E}} #E3a � 8# Hi frth;4 ##iE- appjir, A PI S of
good F110fal rl»r�ec�nz 146
22; T
L, rA ki@ iramiS�V9F# 3 6 9f @t fll4e fF (: S } -yBc3l .147
. 3if SERB {3e3419#� -(3F &Ff33 Q�4 �PM4R "Of— +`(3-}
yeas i Bdlat kyF � r:t1 a le of $i�o-�NI - -1.r
244er��!1�d96#�sF 64a41f- 4##f6aai: k3cifr W14:1r�,
ia4e 4€i€ € 4#> e4� b"(I -e ie�e r tfx ##ee ra s€ to
4
25 0: tsk� hei €meted i €1 #are}al4ie�a� as the- 3tseasirw atith €ity -ray- rewire:
(QFd. 90413 12 49:73i affld OFd. 1427,14 45 4998) -__ 150
15]d-lo-g- MASSAGE TEECHNICIANj ADD' ICATICIN CONTEN. S; 152
Tr�i7 j rrrrcZy rr� rQTr -Q Q'1 � 7'�� rrQ .
�' - s��}j3114f9fk- �#3F -r�-ii 1 53
,4:- l�ce�zl�te --i€# slat +r�rra4lgr��- akieal�•ru...........41 -c-i • �, e�- y- ee�les- ef- alvves- �Aefa- (�j- srete�1e�k} -ef
the . 154
R- Tho- oame- an€{- a4dFesse #1e--b4 siness, -an aewor --C aplowent of-the appkanl- icy# -lha
4h a}- -year- 1rAr- rediate#y- Weeedmgthe date o #- the.app#rratj9f-:15'
�;: 1�'ll#3f}'i#�9F "', ny-{ �1 f4" rB{- i�38# f3ffe�- 4�Fi3- �I�f�A4- 9F- �-i4�$fi4i€3i�i}£r- i�:3f� .9- �3H�Fii4- �QF?#�
sa irni#a b4siness- sto6ponde o#- revoke"nYwhe#e ao4; -if a-4t>e sir estan s4
s�+ er�ser�s�_ �r- r+ euraratier��- ht.�a�spe#�siof� -v# - r#a4ic�#1- of a- I+qe�- liser�sel #fie
F,9r� S,6n ,..nl.,Aa _� 4'• g�4„ 4vr�c —r°o; 1�6
24
37
U VW ##iaf rte# -to i
lh-t- E:%Efle aid I iSposifi ' a °r*� -i it 20-0-a .157
15R
F=� fWeR pF 159
G #1 l dor.19F sta i ig {•314
j348f- hereto,, •beefl- €xaF#14ned and fou
1i6elSfRg aUth }fl E�t7i e .
Code) 161
162-4-10-g- RMARRACZEE TECHNICIANS;
QUA' IFICATIOUR. 163htty.I Mww. sterIin_qcodifiers. carrrl codebook lcl°tBonkt7ata.php?i
d= &chapter id= 37253 &keywords= - 634079164
' _ 1 16$ A , -PimnW The Fna6s ge teohrim-..3.h� 4W4W �_
-i . s
i6 iauqW-w 166
2. ^A diplema-9"w.tiflee e*GfF,,e Cbrr th all Of OW F09146MOR
$���F6ua iE t sas ief � a t #ato € sa T7 �s r liaa#aefl
167
:; Tt,- rzFeGO ~r'resr;,4816#F��sF�sF]:r1$6/ to
GGhgel OF JR -RA
defr}7kF7 E? -}�l9 �?{? f }�fe �ii�jF i@iE�ci•C�e�65i3& 6i iFl Y3 F6ER "
out i io"+Qf
1694_10 -10. NOTICE AC CM -170
yr AN E
�- rr�a-rv�
U',Fi�c asy s�� ec Faaf t-;AO �#eipp4GarA
aRei
the above +104A. —Q4)eaR ry owsw of a �a as��r► # �aE lsyse� E+cas
only M TO GeAlfied .t-. - . ..— iollers aas :lwfi3 '-,- F - iF fj�•i a•SS` 8Gf3 i i?i2Fl;:- -F6-c
c ep. - p,i&-WQ- , must R Gtty_JjOt -JeFP, haO jhM9f;t�jf.
�2a�-days- befefq- 4raFi i#ii tI1 - ORRO - FSPa f#i 3f [3[3fW9afffl ,f',c^�m,G,�"rage bt# sine rs-R- . i w-
Th��i�, easai ��E# ��ffta�- �nak�- �i- a €- •af}- a�ti�►� f+; rya- t�- tassa�sta�lfs!- �rrler�� €�r- a- �a�ssac;�
-R► lewal G4,uoh #per ; s+�a4� � l�nra� # ppli�ier� tie # cw€ av�aa
shall -co durAawa r be i6SA 9641
25
RE
,ac„� w� }t #a• tie -�r�v+ sites- �€- 4# ais- ���e�F����?�-- €�r�a:- -1=E,� .,�,';- T,rp�i+�y -��i�
t,�ssis#�l�alay- a"aep�rlr��t- €n+� � #Fl�� r -�ese - ��r�€a --is +wry -mod• �tel�!€#sr -a 1��+
�el+ �v�lE-€ �aal�- r�- ra# c�c+ �!- re#a�iaar•s+�a-- lisa#•ia� -f- sly- �al�s�-- �tayF- :wry -r►,d r.���,�>� -#p
be taken 1. F ...... r r ., . Fn� in subseGtiom 44-...ri El♦ -dl�Ei
6M b6 r
"•'IYfc •�r•i'I'F'- iFl.?,•1 {:%F1 _ .. -}�.� nftirsf e�Fn_1i `° ��-3
a"w4a417 -1 s
p#latcif)raphof the a'ptAGim 4175, moo shall �"'��i!#i� r�in3c�if �iOf�S�Fk►@k� �s �e�lj�
fha"ae# e#- Pa#is�+#c€xra talg#a a�„� ,,.�,;�.�,+ ., ►ham,, "�1. sa9q
176 "
1774 1 0_1 2. 1t^iCt�MTII��k -�r�� rv��.��;FEE. t78
The bGe A6inn a. thr.rity t may -feg &4 nKe a's °e°r`�`r'ployee ^- eaFFy
oaW - iosue4 t#a6 pBl c#`1 i7ie�i# i�l
Gaf4&-"4q peflin 1 HG and his ... ISO €fFV.�16-f#�A ifi�F�9 r6�BFF1��@@fllf��4 6�3�jf
to °1C�+[3R�IE #0e �f74�- �f6l�yF39S: I8�
fix'gtr# s mn .that 1.� irrandeF p"Ay
lififin�Atj eA- sar44SUed-b�-t -pelf Fl-tL4M upon4i4o salien,
EaGh-peffnittea shall immediately 54F
any im+ifr tioii- Gafd- 4&&uB"y !he
pGliGe he
pa lx ;. 'R;• e k e. r+ i# " s- pewi #-+s-Feveked- skispeeded:- saRG64 84 #•the
�.V ll � t �r se an is er #i# t card i� to NFR PU 64afA•#944- S�
a#t�his P-111+0-eF-46- he644eix4- feveked (RiFes
w•i�lli- rely r�►iat-- �Je�r- se��#,�4� -ase •�- i�;,�:�lc�iiesa +s��ss�>ed� er�t�#�e��17•: I �z
P. ©en .A.A r� y "t irviftf.y,, hic;h time at ,..,n rti�
fe -nowed Gpd. 804 3 17 13724.$3
wee: �t�tee- �r- ��+ c�ea# i�aralir�+ sard-€ e�- t# e- f�st- �/ ea�aad- sa��- rrw�l�yc��r- s�a11�- •seaE -by
rasa t+ 3 e t#�e ssi r rc�l €t �44rdI 1334 , -- 2.014 s
1154 10 43; !NSPECTIOL .18x6
MaSSage 8StabliGhR%f44A-(l;O Gity dtifen resnilnr L.i.r.,ir +,�
iiet� s w r wi l+eet r eEi - Rvlise a#€ � s alp# aey a xial inspe CA-ii ewhile•�,, n- • „a rff+ 4us ness rm V
b�rallewed to eratr3 a+ij�li 6n
lge otabl'514"ir� i iry�gaF
1443 . 13-15-2-010)”'
1114 10 14• APPROVAL AQ DENIAL OF a RMITT189
vr�v-+s,-�r n= �v rn mr,
Aftera ia�Was igatier+ i # e ae# €pause: lkl+r I €eea ira ar+ #i+vri sl la�l e e tl�e a pl+r ie l r the
ea#al3l +i+i+etac�r I�#eel +riisiae a.rird fferi if er refx".w3€ scasirrruF i►: rr�.,+ ,
- •'7- -�-rsn7 , - �rsn��� 9f� 1-": ��,��
1 0 1 a 1
26
39
192
kjati a" —ek"rable-pr ens of this r.-h-aPteF, with FegaFd to suGh pef
application, e; 193
1). Aa by the appliGant YAI "Old'-w 6!FUGIUFe and 'Geation w
Gemplies with 4Df'he heakh. zening. Gfe. b ail di,
194
standaFd6 Of VhA_ 19-IMS Of 4hA_ SAW, and thi able to surh
E-4-hal-the applioani, his eFnpkjee-,aqeM of any-"FsGn eGted or assariated with app! G�
w6at""iefiager-i 195
26. ""'The name and address of the ow[Le(._.gj]d Igssor of the-IggI
property upon -s-sage esw U-
-or in which the ma sOhment is to be
Qeratad and a caoY of the lease or rental agreement. If the
applicant is not the legal owner of the propgr ty. a otar' d
ack.n massage
-owledgement From the owner of the property thatA-M_s. e
establishment will t)ejgc-a ed on his or her property vis a" ed for
each m.assaue establishment Qga
RtLnji I J_ i Qn -. "J'
_t.—
27. '"The full true names and other names used, the present
add _EQarQ rid telephQnq jiu
mDersdiver's license numlaers
J_
and social securqLBMMkM and -state _certificates from -the
CAMTQ or traOsjtiQD_qI licenses Lor alLrnaasage technicians who
will be working gg.employees or independent g�q�n�rac ors at paph
mag,age -establishment perm Igoatiori . -lb a �Iicant must
_4t- -
provide the Director vb.2D_v chap gg:,, in the rnassacie
technicians that work at the massage establishment during the
peralit e p
, ==fjpd within 1(7 . working days of each change,
28. 2'j"TM Director may rewire the applicant to furnish fingerwints
when needed for the purpose of verifying idenfific-pi-Jan-,
29, 2)2Sur
.h other identifigifign and info[rngtion ij§ may fie rg=g u irW
by the Director in order tQ verify the infqr
mation to be included in
C. 'f)4The city is allowed a reasonable time, not to exceed 60 days, in which
to investigate the information on the appliggtion. During the
investioaWn of the baftmuAd-information, a city representative,
including. without limitation,a member of the Police aejjafLrjjgnI. Eire
Depa[IM nt. Building aad Sa
fgty Department. Plann-ing, QLep&[LmeqU[
any authorized repre sent tive thene-of. may insppgt,_wjft_oL_withD_uI
notice durina regular business hours, the proposed place of business to
dete(ming wbe conbrms. I
the �it _Q the requirements of this Qhapter, Upon
completion !2f the in5pection. the city represen1glive fnudj i0f
Mrrn (lie
27
40
Director in writing of k_he findings of h n� ect o-n.205
D, 206 a k round clearance will be issued within 6 days f r Gait f f t1L
aoPfic alt iQ.n,Jo--qrlyagclic n�yrrho had f +art t a!l ref the ma_ _infar - ti2_n20
required by thi c ion in the application r licenag. prgvAed:
yosThe ap plicant has not rrde a material ,false s
--Utement in the
N licatlon and h all massa technicians who worlcirla
as emnlcv es or finder ent€ent contra orb at each massarte
establishment permit location _pa senses certification fr m the
CA TC as a massage ra ti inner or maasa
2. 4- mas nGe"The apa_lfrard iaindividu e o f o
applicant which is a corporation or partnershia_a_r� of ifs aff Bern
i ectors, hol ers or five percent or more of the corporation's
of the filing of the ap l i "' hee "on•,°ldad i a coif, s=
11 13
b-.Arn offen rs;R�r Iew ;e+ - ar i'V)Qf goy of he following offenses Penal_Cpde
243.4 26.1-, 266a thrvu h 266': 267' 4 316, , 318 or 47(a d): an offens
re- istrakio.nunder Pena bode & 290 or Health and Safety Cod_ e &4 11590; or na Y
gfkn the po5sessron possession for sale 5a1 ►_ranspaftItiaa f i- erica. ar
aivinp away of a Ilecl_substanee specified in alth and Safety Cade && 11054 to
��05$ as gm 99 or any offense in another state which if commitled in Califarr�ia
3;iVnIGing tilts, w—>r (if fo: -:
any offense involving th+eft. mbezzlement -r mpr aI tgrpillkid
d- 23
e A4 a ff .+c rY. –" "'–ci "r -Amm —r ifa - ioogiRv°aasu
224
2— t;�sT�,�i- �r +�a►�ktte�- wi�i€�- lion- ,4a+s� -f;�'- rte;= r`°a;v -any + �. �c�sube�#- i��s�k�riees�- ta�i�r# -fie
s€�#€s- sestier -x:22'
3: �9as�av�-- a #�a�nre� -e�f �pers?�.�,ts -Df x- R�is�seef��tiittaci •Ei�a�a-- psir�ess
226
OpeFati
�--�? fiat -r�rs� less- is- r�ral- a- �- R4;s+sa�sr��- has- t- 4e�>I- a- �r��tatlr ��s +same- at- a��+- ��e- u�i�tt�rr�e
last gve «) , ea.G 227
28
41
G--Thm4he applicall! . hie . . . . . . . .
csr 228
3 22 Thg applicant is at least 18 -Mr* of age. and 230
23 232 -j ,-, t f 233
4. W. That #�e 'The PP hjs not had a massage
entertainmentnude photo shdjg mss` similar type= "of ljcense pr
rmi! prev U- 4- r- avokeri for qood-cause-w4him4hejmcA
133
year :-5-u—sp-g—oded—within one year or revoked Athin three vears
immediately prece a the date of the filinci of tbgAi)Dli ti - 9
can shqvT2 a material chantqe
-ss tile op 1
jjlj(0.11
"I r that mitivaWiQ 244
_C; i Lc U ryl s
.- tiagga QXISA
the 244; date ef 246 fevocati-311 2 7 --�C-4,-4-994,43-4-L4-974) -44 8 or
9
iuw—gm§DL24
5. I.-T4:K"e--app4GafA-.-4D4-4�isa �{ lam-
eXt011i FeqCifed-JR-wf4jmg-,-by a Mate 1mret;sed
PfaefiG"� 404d, OF an-al
r".
la-y
6. J.—T-hat ilia appkxv"F the app4Ga-RC&-er+� gees
PO-i"heG8699"B
251
T a&defined-M-SeGoAn 4 10:2 "4is
I within pkn 11r, -A .— IN W) iwFwi. (Ofd. 1265, 1 244-947�-
RIZ.,
2"4 10 46; NOTICE OF
/www.ster
rr4c= - WIA
,.com/codebooki(
song aUlhWity wlth undef iNs-64aplef
still-4o mad- k"he-af*' aO"Cke F P fa
after rF ea �s# K-Mo eF a- pefM"F4eAeWa4-Of GUGh POFR14-.4
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257410 16! APPEAL
nr,t=nl.LJD-9.258htto-/lww ookDa
w- s terlitiq cod ifie rs. co in/cod ebookig etB
ril,ric= - f-
--FFeve -by-t4e-JeGks� the firef;s
refe ren,,e to appiov� aial-ef-a� , f--r- - P BFMA OF fee l} perrxri# ar
-of-appeal. --st be perfeGted-Mtbin--(Aeen
GPW-JGA4"im%-with !he Gily Glefk-4-ner-W
lhe- h-asis faf,--1 ------- I -g-thei: wif faiRy-afid-pm w-ssiR�i;
9-7 260
29
42
R_. P foe edwe Adopk-� Iufilao
894, 3 12 19 _24, 26
112 4 10-17; WAIVERj 263
F 1 6aid fifteeR 04'°E�jF�-6
k)-a4eaong-b sounril in-4-4i 4n4+. (Ord. 804-
342—�9743 64
2654 _jQ_7fl. 61
A-Piolir.9 Of Hea The-Gily-o4w" It tv 11M.- a.Fld_ f the hea
ty five 1251 daye aftar-fe43oq)
+
of-suGlv hea4qq.-4he4HAje& Ie om rbut4*tay4oc4udo-o44w
iRfGrroatiew
hGUF Of, ai AAiGh &P9 you may
low Gat4se otMo app ; -w�-4ava-
(Ord , 994, 3 12 1 @:73) 67
B. !he-appeal
fiom the d4si&*4-,Gf4hL-'419 a6theFit!yr the GGWWA-ghali 9'V9 the aPP8al;A9 PaAY, aA `-Y
othe,F40leF9646d pa_� "I FOaSORable qpp()j4L4R4y4o4)9-heard, iA orde use why
"e.-I"a"GR ef the lirene4;g-aw44ofity E;houldflipt-ho iP4-- th bdi f 4ho e UFeFe
f0ft-.894-4 12 4473,-amd. CO)" . 1427. i 1 4 41�N-�"
2694 1049; ISSUANCE AND LIMITAT-10h 2 OF
PE-RA44--2""htto wwww. ste rl i n g cod ifiers. com /codebook /getBookData.php'?id= &chapter
id=37253&kefflords- - 634089"'
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issue
pe lit: and sk 4 Sind" ervnits-to4he !a
ate.. 04-4-tXT. � , 1 '
PER 74http://www.ster[iiiigcodifiers.coi-n/codebook/�CqetQookDataphp?id=
id=37253&kevwords= - 634090171
279
I
top 49-y4&af of 'G9UafWA?L
78
rl � q elk VLSI malwa*0111 I ► :I
30
43
QgfQrg, operating a ma5saae establishment in the city. massage establishment
owners m co with all a Iicable +codes adopted by the city. lncludina,
Wi tho ut limitation the building. electrical, artd lur umbing codes. "I
4-10 2822.1t283z284,285 DISPLAY OF
PERMtT:` a "http: / /www.sterlingcodifiers. cam /codebookl-qetBookData.php ?i
d= (chapter id =_37253&keywords= - 6340T12ff
verb sere �lld +� .;r� s -r#1e -SiRMe- posteckwa y
sop d c±la aY .reap I I cfa lf&WPe}}�}j`-- hat
"•' "Y'p°� and
are -6010 sef0ed and IZ)assage esla— shore tshat
tee+ tay� - +n�rps �-tr -► 1y-JMT -e. /a�r�- tee,/d-payr- sa�E,, -, --mgt- ri4Ya�- wiyth -(. �} F, aies- at- tie -st erg -MTQ
CST {�r��YTTS CT' 'r2] JIr ] rtilT 1-1 "� �G"r - �D4 -JZi T -^a
business. i�lyty_',_.!i; 4 3.445-244-0)
289
Any QWner of a massage establishment or off- preMis€ massage service must
disnjay the CAMTC certificates o all massacre technicians praminently in a
consr2icuous place, caaable of heir ewed b customers or, city_represen ati�res,
at every location when: massage isrformad car, _qondqctd and ca- rry photo
ep Mar ^mina niassa i `y'_ For off - premise massacre services, massage
workers mast also carrya cony of their CAMTC certificate end photo ddan ification
card and di5play it to c2stomers ul o e ue t. r d r i in r m
technician must incl gde the name under whit: he or ce rtified she is certied and
o his or her
rtific to tuber.._
4 -90-8: MASSAGE TECHNICIAN CERTIFICATES REQUIRED.'2"
It is unlawful for owners of massage establishments or off-site-massage services tg
mow any aersgn to perform r7iassaUe that is not a certified massage therapist Qr
certified massacre acti ioner..V _ - - -
otr `9.299
4- 10529522- ACvivAli=NT- QC DCGMIT 26 97 PRCHtBITEC"-
CONDUCT:""
-A ruNguit -Rd aft SUGh
assOAFRA-Fit or
342-19 301
iw a ■
seFy vrc n� in .1'e'E '" el�ti'- t{}"�4�.'M�f `+ c6r shall keep 044- FU tC�,
r n,.i�.4ir,car` ., rv.. sr- faaF?ded" t' ry"- r- xit' uf- ra�aFl a�er��- t' �rr�ted- �jf-r6#feF}"�}€�e-st�-r�stt
pelted -ir mediate #y-- adja,Gant to " -pau- m4 -in -a ron&piGuotmflaee u{3tar 4he- li- mi- 8ed promisor,ire pen
r�FC. rvr n, 304
-and CIA F
31
44
305 4-10-24; MASSAGF= EST AIRLISHMENTj OPERATION-`
Wi6t�g othemise
e44WeF40_6540r�-14434 16 209 107
1114 10-26,
• SIGNS.309 .
tL
s-unjav y
bl for __pwug_gf ag? pstablishmants or off-premise mass
services4 of massage te-q �ni Jana, to conduct or allow any of the fQ1 Qwin
AOX1ftpN_-_1 10
A. It is unlawful for any as jem p. I g y!�, p w
y m,__sAggAq0Wcigu gr any of
in off
massage establishment or for an 7premise massage service or
CLMtOT Ofl r I s 0 t e es a lishtnent or se_ryLTc_e
1�11 -_ b - to engage
in any speci ip --Sexual acti-viliea !jpoj3 the gre� ises Qf the ni C
C
establishment p r the off-o rem ise rngssaae loca tion.
B. It Ir unlawful for any Ma
ssaqe—("h tcWn or o der en o ee of a
massaQe establishment to expose a_ _ed anitamicalateas in tale
Presence of any pajrpn,custoniec or guest.
Q_ In the course of administering the massage, 1t J]5,
_Unlawful for for an an
masaage tqchnicjLQ=ro a55A ge- - P—s Lai b I ! M
___ &MLM.. bLJ*bment q lovee to make
intentional Oysical contact
gu�to_mer- patr
RSILIS I NCT-ORROW-WRIOX012=1
It is unlawful -aerate unIg.s_s_Lhfz_inzsLs_aqg
nri3mi&,oc qnri nnprqfinn cm;nlV with thp following M111 MUrn
A.
31G 317 rea(jaj)je Sjgj,� 31R 31e Mu 320
A FeG abl GgAiz be posLej
t321_ n
-1p s -ten 4"C4_" _�_Aa
'3� the MaIrl eMrance ic _f ly ing the estaWishrr
a maLtd�Le establishment. � .3. ed however, that a such signs
25 1 - _of �Miii329 'S of
must otherwise comply wohl a#
"'u (OFd. 994, 3 -t"4743 "'
1114 10 26! MASSAGE TECHNICIAN; EMPLOYME 33
A pefrAi s GhapteF to obta4A-a-pwmit eannG4 h fe-of-o"lWa -frassa"
WGhnirsiafl W.1 An 9666EA"-a valid;
7
334
113, 6 45 2010)
1114-10-27-! OFF SITE M E.S-13b ASSAG
32
45
A
W--RW 0*4d(PRW�
,as&aqo& at a,-Rias od wi"n4he-uFban FAR98d WSR- —30-140whic-h has been
w-Aoed-a-va4d-pwmA f)uf&uagt to tNS GhapteF. NoWithstaAdmng ano"ua"in !his shaptw to th
fa -�r -mit4&%up�d-pwswamt te ihig chaptar-��
- a MaSgagO teGhWGian With a pw
met- 337
has E; blaiRad Mis fi 4�.
B—T-he business at WhiGh the the-fotlqw�n - ies . G RS,
SR, GAG and P F. 139
RiGyGeS 9F GW"FQ of the-bus4ie6s- 340
342
the-W.&Gn -re ceiving4he
343
3444- 1A-2g. MASSAGE TECHNICIAN; CONDI ICT. 45
IBS unla # Pof-aAy, porson 44) 4++as,- age any pwfK;6e&or-*i-a�o4anneF
intended In arouse, -49&e.49f&�,-3-42 lW73) -346
...... peal le, oF 9pat fy lust OF pa sion oF 6exual
347d-lfl-2g• AfiAlbJTrmNAMC!r--348
Al[ bathtubs, aleam Fooms, and a! n! ar- -jay fn. the
900d MpaiF. .804.3 1
350d-lo-20• r. rmAfir=NT - 51
. .- 3-1 ACILITIES, MINIMUM REQUIR --------- 5-2
R 1R pe(A-ion-reveal-,#"44he massage
i4F�6uo �y4he plan(iiAg-and-bi4i]ding- safety-dir or-.The reqkiifements of-tNR seotion4o-no apoy4o�a)
MTO� 9F b) a wassage
A ,353 354 355.
Lightiog -AA4-VefAi44GP,.- d
in, accordance wifti 'he Cafform a 3 1 1)
WildiAg GGda 3BLlilding Code-- as
a - - -TRT --- -
clopted by this ct)de and, in a,-kfittion at least cml- -iBf—lOLs4tLLjc-Wd
361 anificial fight of nol less than 111(16' IlUndied s900,i h-irvienis miust be
pf- ,)vtcie,,i in each enclosed rootri or booth v;here onassag,-, sarv!ces are
being pertormed on a patron 362 Minipwdm be PFE)Yided-49
363 building Gode, as adopted bow--GG�3 64
33
46
--a-P -1 a#44i9t,-*KkA-4
add, haV_ 16
placed in
a Separate
tO b8 SOFVEId. WhiGh -Of4-)*H'F as welka&-a
one toP hbawi-,mast be
SeT-VQ4 10---h I , -4 0 separate ball.ing, a
ro4)n4-Gf-;oom&. -separale-diressiRg -and-separate to-ilpt facilifies,-rrKist-be. pmvided-for rnah-.,�d
fe4T+ale patFens. (Qfd. 1443, 6 t4-20-104 366
1114-10-31; SANITARY
FACILITIES! ... http://www.sterlingcodifiers.r-orn/codebook/getBookData.php?id=&cha
peer id=37253&keywords= - 634101 -lr'
The-follovA ia-A140-epwatieff
Gf4h",iassage-e-stabli6hmefft-6hall-t pr(wk4ed-.' 370
A 371
sep.40e& 372
C. 373 Ventilation. 371MIIIIfnLI1-11 ventilation must be pQyided in accordance
with the California "I a Co e. as adopted by
3uddinci Co -tbJ5�ode.
D. 177 Disinfection of Injt[unQnts, Instruments Wised for m g e-�t be
disinfectedbefofa —eachuse. WheLp, n!5,trLmQnts for massag are
em_
pig ed, a deauat u I lies for disiffe—ctiat) m s be
ayslijable -during all hours of op_ cgj[grj-,
g37 �90 381 Hot all - Coj�j WatE, 383jj
382
E. 9Wate cl must be provided
r385 386 387 ... Closed"' --abi IletS390
F inen torgue fasA glngwi must be
utilized 391 for the storage of clef111 392tIoWjmjq 393, 1 �-�Cj 394�,ailed Men shall be
-- -- 2nff�-- I
r u
G
398 Sanitary CoAdt-ign--S-- 399 alls, ceilings -o m *)")stea and vapor
rooms a.Lo
Ah L cg"f ciliti-Qf> for tha-maaagag estabiishmenk
Must be kept if) gOOCI repair, arld411 ' bjz-mgiLita0e.d in a clean andsanitary
Ij Cjean j ell. 404 -le an a nd san'taf towels �s)d lifens 405
o
�MFQR Of thA Ma&SagR e6j 06 must be proy-ided for
34
47
' }7 X
ir_ y 'es 8 N,_,, ;^T'mu ise of ns 10 411 412
cFln.,s '�sa`st mss;- sttsa.Fr�"��a{rr���i'eats�;
36F a 13
J. Sara Al! watas sail+ s; le � : 415 pools, sheweFs, bathtubs, SteaFA FGems, and all
r r tr . W,4in4ii.�4l ,—a - - aF' `e1rF�n rn� `oc'n' ii ?� �iUfir ;17 904
��418
41 N DTC•420
_!_J f fAj CR lAC A.
xs lslans e€ # tie sate r e�sfrr � r cat sr t<} .ks C�,de,4'`�eF any4gher -€, +ate of this sl .- -
904, 3 12 10751 421
424
K. 425Gompliance with Laws. The oremises to be must at all times
c 1 y,-Ydtb-all -agpligabb-le state and local laws atio ►$,. 0
L
42 7 v room in which a massage establishment, ! ovid s rnas�sage
services m v aot be used r residential slee in r s
M. 429A register of all ind�dual em peed as massage technipians. and
copies-of it ur t CAMTC c-ed[ficallons, and the massa
establishment owner's business license must be [gaintained and
available for ij3§pgftion @t all time uring re ula [ busingtsa hotirs. 430
N. 43'Ea h person present in an rea of ass t bli h en
outside the waiting area or other areas vper►_to a,nv member of the public
- - - -
must be a certified massage practitioner or certified massage tlleraoist
or the massage establishment owner. 4 2
O. 433jh_@perrnits and certifications required by this chapter must be
dis laved in an oven and conspicuous public place on the premises.434
4- 10 -11: EXCEPTlONS:43'
This to tyre fallcwir classes of individuals. and no CAMTG
certification is required of such persons, while en aged in the performance of the
duties of their respective professions 3'
A. 437Acu 7uncturists who are duly certified to practice their profession in the
state of Califo�rii ia.
B. 439Earbers, beauticians, and cosmetologists with respect to scalp. feet;
35
m
bands, and tags —ma .44
s di itc {
Business and Profession-, ode Y $ M 7301.!2t sent in accordance with
the limitations f their Grmit5.44;`
C. 443 - Nurses who--are--rQgjsteredaa _such under the laws of the state of
aliforni;
D.a5l?h rsicians. s949 eo.0 ss ciir3cto�asteonaths_ or physical
therapists who are d& =pe=rmitted tQ t)ractice their respective
professions in the state of Cali o _rl' or ru oyide oro es ional services
lawful compliance with Corpora ions Code � 13401 a
4 -10 -447344481249 . 450 PUBLIC NUISANCE ABATEMENT 411
452 V 4534i46meas454 massage 455 establishment 456pmv4Ag-- _masr-age
X457 erated. con ducte (w58 m.-Hotained contrary tr,, the, t)rOV'ISiOra., ; -A till 9
it al: t '�e rlM aft tJae ar + ,a�aisa r ��rrlµ.�i, +�i,.rl r,rrl :� �ub1 c �'tcrisarA7ciw4�z aa�i- the
Eitttorn-ey- may4fi3 The City Attorney is authorized; ;
y-a i1's :i.:l +:Ittirii1 Ic; 1r' ir1 lien <,f :lr'y�
`"'�t�le^ r legal or �:i �ri on gal �er�468 ro ee n s 059 s : mrlence
an action or prc�:;eeclrny for abate 1110,1t renloVal U! eralc�iilillerli tt a #iarof much
massarae es tablishment`��` in the manner provided by la.�ra��- aR4- sk►ali-app#yate-suGh
GGUO i36 May haVOjUFi6diGW - 74. The City AAttotj3gy migy seek a court orde 475 to gr;aw..
such rellef to abate or rer-nove such 4" 17 s ge `"establishments and rest,am and
enjoin any pee : im froal c op rating ca11ductinq- or malmtainin(g such an
establishment 478 r79contrary to the }provisions of this where ente"nmeRt i6
chapter. 480 481
1114-10-34: SUSPENSION AC -REA T 483
A. Reasms
sye Tkie slain# shall�6pertd pay pel+Eass�fei- taer�1;,
F#1 "_484
4 That +rata W1 a6-GGAA;JGte4-bY Ole a , il}-0 H Feafh
building -4s �w a - -G "�pn lGaW9-9
&61in8Str 485
2. That 1 r .,i .r% i'sib F� 18 9@ i3 BF EFF c�i��f• 3$F64}1� {�EiFIF t i,� ���, .
€;- 4F8s1er off isaf -,-s10 k-heId F, ass ar marlagef
LO WW" Lai t Im
A,.. `'%LQq ids for n
Revocatio. l h±r Direc or or i Etornev may revolve
W.
apprgyals issued under this chgpter for one -Qr more of the fob in
grounds:
_L 4"'FraLid pr Dec i . That the apRULa=aL lacticed fraud or deceit in
36
49
obtaining an approvaLu gh apt e nde( his _r.491
2. 412ViC)i ?SQ[) Q__ f Cha_ ter- Tb e s b sh nLpwil
-dib---massage
Me rator, massage technician, or its ee IpL oyeemkolateda
.—
provision or provisions of this chanter;`..
a. -Ha S494 Crid final Conviction. That the massage establis rn 1
been convirt�-_,d 11) ;1 COLIFt Of (70111pi-tel"I4
jWdqFReFI097 Op498.499
4.
ate sc.ene-prodLIGtiOn-,-MGIjGFl pirlure,- a4L piayo O(r
5-, (2) An offense invelviRg lewd GE)AdwA,-.9fS0I
rL. �34 An involv4ng4 se Of
a#:iethel;�_4502
L (4) An effense inyolving misGesdurt with GhildFen; e�F503
6L. W44
m14,44 1115
a&
-bed it 506 50 509
nff-nse descf in - E;ubseGikme-A2-a(441woL4gh-A2,a(*-ef-44wsecUGr,�� 7this chaoteir:
9„ G44a&,altawed�miged a6ts of sexual i*sro 4G-be -GORURMed
opefattwiaion
jQ 3. That pwsemc�entiected-of
stoGkhoWw..-a6scoiate,-ef-manage -has
MgWiRgly-Fl is-le --d-ilig OF (FaUdUIORt Sla MeRt of a FRaIR-rial fa-GI in the appli tien-to+_a
wit; -eH ra a r pert of FereFd fequifed to be "M-aa�enry, sill
aAy-ti Fne-m6thin-4he fas"ve 4&}�ear:rm
12 S.-That-4he
the
804;- 42-WT&.)5 12
11. -rha"% .. I ;_ RI, af the app i6aFIVE;
IGwE41qq-0F Rla%a
pep.au�113
4 7. That the applirant, 9F the appliraRt's empleyees ef aq8RtG, h
E+ic
-, Oal_afea"Ad, 1R 6, ease of fell
h0mGOAS. the F bra 14
mattefs-Of suspension pealable
thr-Gu94 4-40-14 S
G. OFdar Of guspepsion- 516
4—Pie-chief- of-police, its-the case of
9Fd8F Shall be-effee-61ve
-- I---- depaskex 'o-the
517
37
50
2. lmmediate1y' '. %'i#.4& i{'l -F "AAAMIAO A fR,;f; - fhs rs.,rx.si 2 Gease alt aperaiigRs Undw
sur.h i (QFd 994 2 - 12 i W3)"
519
15. 5'r'L� —and.
� s wr _e
ra io of
th@ m.as s-Igblistimpot o in
compliance with this chaps r. and that the owner or operator has
failed to pro mrlremadv any deficiency of which tt';ev�have been
notified For purposes of this subsection. "notice" means noticg_
given personally or by leaving notice at the massage
establishment prernis ;s- or by first _class_ma pystar�e pregaid, try
the address designated by the massage t . - '_ ion or
establishment in accgrdance with dais_ ch @2ter ''r
m 322 E ployment of Vnc .0ified Te hrnicians. Ti7at the massage
establishment has employed, allowed or permitted an uncertified
Pierson LO oe(t QfM Massage in the massage establishment: --
17. 314Error, That the approval was issued w error'`'
1 a.
N
19. Pro ibi ed Conduc #�A massage establishment owner,
operator. massages technician, or its employee or agent ±laS been
found to have engaged inprohibiteedc ®r duct m violatian of this
chapter or Business and Professions Code Section 4600 eC
sue__
_E3. 53` Notice of Revocations a deft nit o.n — r rounds to revolve
rov l under this ch @ter, the Director or Cily Attorneys must cause
a notice of revocation to be mai ed yfkst cla ss�.pnstage_ r aid_ arm il. to
the ad-dress designated by the massage technician or establishment
ur ens to this chapter."-" - - - -- -- - - --
4- 10 -14• CIVIL LIABILITY AND PENALTIES•532
A. 511AIV Dgr oc tLviolating any=aEgyi sJon of this ch_si t -r is liable in a civil
ac ion brouaht by the City Attorney for an amount up to =0 pie[
violatio . Such person is also liable fpr reasonable- attorneys' fees and
costs incurred by the City Attorney in any civiipr222edina filed to ettfo re
this �. teL'
53$l= nforcinca this chanter through cc_ivii action rrsay_b_fiEed as an
alternative to uriminal enforcement. Civil enforcement does not r- eguire
the violation to be knowing or willful. A civil action canRgot be filed if the
38
51
person is being criminally prosecuted.536
C. 537 Each vi _la ion Qf this jzMpje,rjS a separate ©fFens�,sub' ct o th civi
D. 5391he City Attorney may settle any civil enforcement before or after to
the f iin of a civil actign by imposmci a_civil. ty in a amours �
exce ding the potgntial civil liability, a'n!Qludina attorneys fees set forth in
•this section If such civil penalty is paid in fell, the Crty Attorney can
agree not to file civil or criminal actions oa if action has already Keen
filed may dismiss such action. Imposition of all civil penaltier2 i ub is
reord
E. 54 'All civil fines must be deposited into the General fund.`'`
4 t =sa3 54415 54'APPEAL14 .547g548
A—T#4e -sus swfi -s 31 W -arc- �+vr3 #teae (� � �a ,��6 .,�ar,h� elder 466 j ! n5lon beGgrAe-,
pefRIM69 files °°#�:efth i;
8 #ece a ape aak ify led; >lif order shall-be-stayed pefd fg.a the siY
8-thfo gi; t_10 - - �s- S�ur h ,
�► tea sr.psf3 �ftiru� tk+ty
GOURG44"! be fanal and se-( tom, - '-Ta-.'�y,,n
551
Any oerson denied an approval under this chapter or a massage establisb
owner or ape_rator whose approval ha_s kaeen revf�ked ma anneal the denial _or
reyo rr irl writinq�u� nt to fhe anneal. procedures provided in ��seo�ian
1 -2A -15 of ser of this code. Sgch- appeal roust Eye in wr�ting'a must -be filed with
the City Clerk not more than fifteen (15 Sys Mllowinn the Director's deposit ir�tt�
e
igil of the notice- jdenial- or revocation =sent to the applicant or. ma53age
establishment owner or operator to the address listed by the applicant o :Hass
establishment owner ar operator ursuant to this chapter. Any successful a e
will result in approval .or reinstatement of an approval and refgDd of any fines
collecle_ d by the City.
39
52
RESOLUTION NO. 2725
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING THE El SEGUNDO MUNICIPAL CODE
( "ESMC ") CHAPTER 4 -10 AND SECTION 15 -1 -6 CONCERNING
REGULATION OF MASSAGES WITHIN THE CITY OF EL SEGUNDO.
(EA NO. 1007 and ZTA NO. 12 -07)
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. The City currently regulates the practice of massage and the operation of
massage establishments for the benefit of the public health, safety and
welfare.
B. Business and Professions Code §§ 4600, et seq. (enacted by SB 731 in
2008 and amended by AB 619 in 2011) created a statewide system for
issuing massage worker permits, preempting local permitting systems and
requirements. The statewide permitting system is administered by the
California Massage Therapy Council.
C. The Business and Professions Code allows some local regulation of
massage establishments as part of the local business license process. To
enable the City to carry out the local regulation and review of massage
establishments found in Business and Professions Code §§ 4600, et seq.,
the City still must maintain massage establishment regulations in the El
Segundo Municipal Code ( "ESMC ").
D. On November 28, 2012, the City of El Segundo initiated an application for
Environmental Assessment No. EA -1007 and Zone Text Amendment No.
12 -07 to amend the ESMC regulating massages within the City of El
Segundo;
E. The application was prepared and reviewed by the City's Planning and
Building Safety Department for, in part, consistency with the General Plan
and conformity with the ESMC;
D. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA ") and the regulations promulgated thereunder (14 California
Code of Regulations §§ 15000, et seq., the "CEQA Guidelines "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
E. The Planning and Building Safety Department completed its review and
-1-
53
scheduled the public hearing regarding the application before the Planning
Commission for December 13, 2012;
F. On December 13, 2012, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the proposed
amendment, including, without limitation, information provided to the
Planning Commission by City staff and public testimony; and
G. This Resolution and its findings are made based upon the evidence
presented to the Commission at its December 13, 2012, hearing including,
without limitation, the staff report submitted by the Planning and Building
Safety Department.
SECTION 2: Factual Findings And Conclusions. The Commission finds that the
proposed ordinance to amend ESMC Chapter 4 -10 and ESMC § 15 -1 -6 concerning
massage establishments includes, without limitation, as follows:
A. It modifies the definition of Commercial Personal Services to include
massage establishments.
B. It establishes a local regulatory system that allows only state certified
massage therapists and massage practitioners to operate within the City.
C. It allows for a transitional period for certain existing massage practitioners
to continue practicing while they obtain state certification before December
31, 2004.
D. It establishes the required certifications for massage establishments and
technicians.
E. It requires a background check for owners of massage establishments.
F. It requires display of state certificates for massage establishments and
technicians.
G. It establishes prohibited conduct standards.
H. It establishes minimum requirements for massage establishment facilities
and operations.
SECTION 3: Environmental Assessment. Because of the facts set forth in Section 2,
the proposed zone text amendment is exempt from further review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.)
because it establishes rules and procedures to permit operation of existing facilities;
consists only of minor revisions and clarifications to existing regulations and
specification of procedures related thereto; and consists of actions taken to assure the
-2-
54
maintenance, protection and enhancement of the environment. This ordinance,
therefore, does not have the potential to cause significant effects on the environment.
Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code
Regs. §§ 15301, 15305, and 15308.
SECTION 4: General Plan Findings. As required under Government Code § 65860 the
ESMC amendments proposed by the Ordinance are consistent with the El Segundo
General Plan as follows:
A. The proposed zone text amendment conforms with Land Use Element
Goal LU4 in that the amendment will help provide a stable tax base for the
City by providing a clear regulatory framework for massage uses and
permit their operation in a manner similar to other personal service uses.
B. The proposed zone text amendment is also consistent with Economic
Development Element Goal ED1 in that the amendment will help create in
El Segundo a strong, healthy economic community in which all diverse
stakeholders may benefit. The proposed amendment will provide a clear
regulatory framework for massage uses and permit their operation in a
manner similar to other personal service uses.
SECTION 5: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4 and
based on the findings set forth in Section 2, the proposed Zone Text Amendment is
consistent with the goals, policies, and objectives of the General Plan as follows:
A. It is consistent with the purpose of the ESMC, which is to serve the public
health, safety, and general welfare and to provide the economic and social
advantages resulting from an orderly planned use of land resources.
B. It is necessary to comply with Business and Professions Code §§ 4600, et
seq.., to provide a clear regulatory framework for massage uses and
permit their operation in a manner similar to other personal service uses
consistent with state regulations.
SECTION 6: Recommendations. The Planning Commission recommends that the City
Council adopt the ordinance set forth in attached Exhibit "A," which is incorporated into
this resolution by reference.
SECTION 7: Reliance On Record. Each and every one of the findings and
determination in this Resolution are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the project. The findings
and determinations constitute the independent findings and determinations of the
Planning Commission in all respects and are fully and completely supported by
substantial evidence in the record as a whole.
SECTION 8: Limitations. The Planning Commission's analysis and evaluation of the
project is based on the best information currently available. It is inevitable that in
-3-
55
evaluating a project that absolute and perfect knowledge of all possible aspects of the
project will not exist. One of the major limitations on analysis of the project is the
Planning Commission's lack of knowledge of future events. In all instances, best efforts
have been made to form accurate assumptions. Somewhat related to this are the
limitations on the city's ability to solve what are in effect regional, state, and national
problems and issues. The City must work within the political framework within which it
exists and with the limitations inherent in that framework.
SECTION 9: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 10: The Commission secretary is directed to mail a copy of this Resolution to
any person requesting a copy.
PASSED AND ADOPTED this 13th day of December, 2012.
David Wagner, Chairperson
City of El Segundo Planning Commission
ATTEST:
Sam Lee, Secretary
Wagner
Baldino
Newman
Nisley
Nicol
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Robert Smith, Assistant City Attorney
-4-
56
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 4 -10 AND SECTION 15 -1 -6 CONCERNING REGULATION
OF MASSAGES WITHIN THE CITY OF EL SEGUNDO.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds as follows:
A. The City currently regulates the practice of massage and the operation
of massage establishments for the benefit of the public health, safety
and welfare.
B. Business and Professions Code §§ 4600, et seq. (enacted by SB 731
in 2008 and amended by AB 619 in 2011) created a statewide system
for issuing massage worker permits, preempting local permitting
systems and requirements. The statewide permitting system is
administered by the California Massage Therapy Council.
C. The Business and Professions Code allows some local regulation of
massage establishments as part of the local business license process.
To enable the City to carry out the local regulation and review of
massage establishments found in Business and Professions Code §§
4600, et seq., the City still must maintain massage establishment
regulations in the El Segundo Municipal Code ( "ESMC ").
SECTION 2: The definition of "Commercial" in ESMC Section 15 -1 -6 is amended in its
entirety to read as follows:
"COMMERCIAL:
Financial Institutions: Banks and trust companies, credit agencies, credit unions,
investment companies, lending and thrift institutions, securities /commodity
contract brokers and dealers, security and commodity exchanges, vehicle
finance (equity) leasing agencies. Financial institutions do not include check
cashing or payday loan facilities.
Retail Sales: Alcohol sales (off site), building material stores, convenience stores,
general retail stores, and warehouse retail showrooms.
General Retail Stores: General retail stores include sales, without limitation,
of appliances, art gallery, artists' supplies, bakeries (retail only), bicycles,
books and periodicals, cameras and photographic supplies, clothing and
accessories, computer and computer equipment, electronics, department
stores, drug and discount stores, collectible items sales, curio, gift and
souvenir shops, dry goods, fabric and sewing supplies, florists and
1 57
houseplant stores (indoor), furniture and home furnishings, grocery stores,
hardware, hobby materials, household and kitchen goods, jewelry, luggage
and leather goods, musical instruments, parts and accessories, newsstands,
orthopedic supplies, pharmacies, religious goods, small wares, specialty
shops, sporting goods and equipment, stationery, and toys and games.
Retail Services: Personal services and business and consumer support services.
Business And Consumer Support Services: Business and consumer support
services include, without limitation, establishments primarily providing
consumers and businesses with services, including maintenance, repair and
service, testing, rental, as well as the following: business equipment repair
services (except vehicle repair, see definition of Vehicle Sales And Services:
Maintenance /Repair), computer related services (rental, repair), copying,
quick printing, and blueprinting services, equipment rental businesses within
buildings, film processing laboratories, heavy equipment repair services
where repair occurs on the client site, household appliance and equipment
repair services, janitorial and maid services, mail advertising services
(reproduction and shipping), photocopying and photofinishing, protective
services (other than office related), window cleaning.
Personal Services: Personal services include, without limitation, barbershops
and beauty salons, clothing rental, dry cleaning pick up stores with limited
equipment, hair, nail, facial, and personal care, laundromats (self - service
laundries), massage establishments, photo development, shoe repair shops,
tailors, tanning salons.
Personal services and business and consumer support services may also include
accessory retail sales of products related to the services provided."
SECTION 3: ESMC Chapter 4 -10 is amended in its entirety to read as follows:
"Chapter 10 MASSAGE ESTABLISHMENTS
4 -10 -1: PURPOSE:
A. This chapter establishes new permitting standards intended to comply
with California law and establish health and safety guidelines for
massage establishments.
B. This chapter is not intended to be exclusive and compliance will not
excuse noncompliance with any state or local laws or regulations that
are uniformly applied to other professional or personal services
businesses including, without limitation, all zoning applications;
business license regulations; building, fire, electrical, and plumbing
codes; and health and safety code laws and regulations applicable to
professional or personal services businesses.
2 58
C. This chapter establishes a local regulatory system that allows only
state certified massage therapists and massage practitioners to
operate within the City. This chapter is also intended to allow a
transitional period for certain existing massage practitioners to
continue practicing while they obtain state certification before
December 31, 2014, and to coordinate the timing of the City's business
license renewals with the state massage certification process.
4 -10 -2: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter.
Words and phrases not defined by this chapter have the meaning set forth
elsewhere in this Code, the Business and Professions Code, or Government
Code.
"California Massage Therapy Council (CAMTC)" means the California Massage
Therapy Council created pursuant to Business and Professions Code §
4600.5(a).
"Certified Massage Practitioner" means a person who is currently certified as a
massage practitioner by the CAMTC, and who administers massage for
compensation.
"Certified Massage Therapist" means a person who is currently certified as a
massage therapist by the CAMTC, and who administers massage for
compensation.
"City" means the City of El Segundo.
"Director" means the planning manager or such other director designated by the
city manager.
"Massage" means any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts
of the human body with the hands or with the aid of any mechanical or electrical
apparatus, or other appliances or devices, with or without such supplementary
aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment
or other similar preparations.
"Massage Establishment" means and includes any massage establishment,
parlor, or any room, place or institution where massage is given or administered
by a massage technician as the primary service of the business establishment.
3 59
"Massage Technician" means any person, who gives, performs or administers to
another person a massage for any form of consideration.
"Person" means and includes person(s), firms, corporations, partnerships,
associations or other forms of business organization or group.
"Specified anatomical areas" means and includes any of the following human
anatomical areas: genitals, pubic regions, anuses or female breasts below a
point immediately above the top of the areola.
"Specified sexual activities" means and includes all of the following:
A. Fondling or other erotic touching of specified anatomical areas;
B. Sex acts including, without limitation, intercourse, oral copulation, or
sodomy;
C. Masturbation; or
D. Excretory functions as part of or in connection with any specified
sexual activity listed in this definition.
4 -10 -3: ADMINISTRATION:
The Director is authorized to administer this chapter and to promulgate
administrative policies and procedures required to implement the regulations set
forth in this chapter.
4 -10 -4: CERTIFICATIONS REQUIRED:
A. Massage Establishment. It is unlawful for any person to own, operate
or maintain a massage establishment unless all massage technicians
employed by the massage establishment hold a current, valid
certification from the CAMTC as a massage practitioner or massage
therapist.
B. Massage Technician. It is unlawful for any person to engage in, or
carry on the business or activities of a massage technician without a
certification from the CAMTC as a massage practitioner or massage
therapist.
C. Off - premises massage service. It is unlawful for any person to own,
operate, or maintain an off - premise massage service in the city unless
all massage technicians employed by the off - premises massage
service hold a current, valid certification from the CAMTC as a certified
massage practitioner or certified massage therapist.
4 60
4 -10 -5: MASSAGE ESTABLISHMENT OWNER BACKGROUND CHECK
REQUIRED:
A. Any person, association, partnership, or corporation desiring to operate
a massage establishment, that will own five percent (5 %) or more of
the massage establishment, and that is not a certified massage
practitioner or certified massage therapist, must make an application to
the Director for an investigation of the applicant's background and
history. A nonrefundable fee, in an amount set by resolution, must
accompany the submission of each application to defray the cost of
investigation, inspection and enforcement of this chapter. An annual
nonrefundable renewal fee will also be charged to defray associated
costs of investigation, inspection and enforcement.
B. Each applicant for a background check must submit the following
information:
1. The full true name and any other names used by the applicant.
2. The present address and telephone number of the applicant.
3. Driver's license number and social security number.
4. The proposed address of the massage establishment.
5. Each residence and business address of the applicant for the
three years immediately preceding the date of the application,
and the inclusive dates for such address.
6, Written proof that the applicant is at least 18 years of age.
7. Applicant's height, weight, and color of eyes and hair.
8. Two photographs of the
inches taken within four
application.
applicant at least two inches by two
months preceding the date of the
9. Applicant's business, occupation and employment history for the
ten years immediately preceding the date of application.
10. The business license or permit history of the applicant, including
whether such applicant has ever had any license or permit
issued by any agency or board, city, county or state revoked or
suspended, or has had any professional or vocational license or
permit revoked or suspended and the reason(s) for the
revocation.
5 61
11. All criminal convictions for any of the offenses set forth in this
chapter, and a statement of the dates and places of such
convictions.
12. If the applicant is a corporation, the name of the corporation
must be set forth exactly as shown in the articles of
incorporation or charter, together with the state and date of
incorporation and names and residence addresses of each of its
current officers and directors, and each stockholder holding
more than five percent of the stock of the corporation. If the
applicant is a partnership, the application must set forth the
names and residence addresses of each of the partners,
including the limited partners. If the applicant is a limited
partnership, it must furnish a copy of its certificate of limited
partnership filed with the county clerk. If one or more partners is
a corporation, the provisions of this section pertaining to
corporate applicants will apply. The applicant corporation or
partnership must designate one of its officers or general
partners to act as its responsible managing officer. Such
person must complete and sign all application forms required of
any individual applicant under this chapter, but only one
application fee will be charged.
13. The name and address of the owner and lessor of the real
property upon or in which the massage establishment is to be
operated, and a copy of the lease or rental agreement. If the
applicant is not the legal owner of the property, a notarized
acknowledgement from the owner of the property that a
massage establishment will be located on his or her property is
required for each massage establishment permit location.
14. The full true names and other names used, the present
addresses and telephone numbers, driver's license numbers,
and social security numbers, and state certificates from the
CAMTC or transitional licenses for all massage technicians who
will be working as employees or independent contractors at
each massage establishment permit location. The applicant
must provide the Director with any changes in the massage
technicians that work at the massage establishment during the
permit period within 10 working days of each change.
15. The Director may require the applicant to furnish fingerprints
when needed for the purpose of verifying identification.
16. Such other identification and information as may be required by
the Director in order to verify the information to be included in
6 62
the application.
C. The city is allowed a reasonable time, not to exceed 60 days, in which
to investigate the information on the application. During the
investigation of the background information, a city representative
including, without limitation, a member of the Police Department, Fire
Department, Building and Safety Department, Planning Department, or
any authorized representative thereof, may inspect, with or without
notice during regular business hours, the proposed place of business
to determine whether it conforms to the requirements of this chapter.
Upon completion of the inspection, the city representative must inform
the Director in writing of the findings of the inspection.
D. Background clearance will be issued, within 60 days of receipt of the
application, to any applicant who has furnished all of the information
required by this section in the application for such license, provided:
1. The applicant has not made a material false statement in the
application and that all massage technicians who will be working
as employees or independent contractors at each massage
establishment permit location possesses certification from the
CAMTC as a massage practitioner or massage therapist;
2. The applicant, if an individual, or in the case of an applicant
which is a corporation or partnership, any of its officers,
directors, holders or five percent or more of the corporation's
stock, has not, within five years immediately preceding the date
of the filing of the application been convicted in a court of
competent jurisdiction of any of the following offenses: Penal
Code §§ 243.4; 261; 266a through 266j; 267; 314 to 316; 318;
or 647(a, b, d); any offense requiring registration under Penal
Code § 290 or Health and Safety Code § 11590; or any felony
offense involving the possession, possession for sale, sale,
transportation, furnishing, or giving away of a controlled
substance specified in Health and Safety Code §§ 11054 to
11058, as amended; or any offense in another state which, if
committed in California, would have been punishable as one or
more of the heretofore mentioned offenses; or any offense
involving the use of force or violence upon the person of
another; or any offense involving theft, embezzlement or moral
turpitude;
3. The applicant is at least 18 years of age; and
4. The applicant has not had a massage technician, massage
establishment, escort service, nude entertainment, nude photo
7 63
studio or similar type of license or permit suspended within one
year or revoked within three years immediately preceding the
date of the filing of the application, unless the applicant can
show a material change in circumstances or that mitigating
circumstances exist since the revocation or suspension.
4 -10 -6: ADDITIONAL REQUIREMENTS:
Before operating a massage establishment in the city, massage establishment
owners must comply with all applicable codes adopted by the city, including,
without limitation, the building, electrical, and plumbing codes.
4 -10 -7: DISPLAY OF PERMIT:
Any owner of a massage establishment or off - premise massage service must
display the CAMTC certificates for all massage technicians prominently in a
conspicuous place, capable of being viewed by customers or city
representatives, at every location where massage is performed or conducted,
and carry photo identification card while on the premises of the massage
establishment and /or performing massage services. For off - premise massage
services, massage workers must also carry a copy of their CAMTC certificate
and photo identification card and display it to customers upon request. Any
advertising for a massage technician must include the name under which he or
she is certified and his or her certificate number.
4 -10 -8: MASSAGE TECHNICIAN CERTIFICATES REQUIRED:
It is unlawful for owners of massage establishments or off -site massage services
to allow any person to perform massage that is not a certified massage therapist
or certified massage practitioner.
4 -10 -9: PROHIBITED CONDUCT:
It is unlawful for owners of massage establishments or off - premise massage
services, or massage technicians, to conduct or allow any of the following
activities:
A. It is unlawful for any massage technician or any other employee
working in a massage establishment or for an off - premise massage
service, or customers, patrons, or guests of the establishment or
service, to engage in any specified sexual activities upon the premises
of the massage establishment or the off - premise massage location.
B. It is unlawful for any massage technician or other employee of a
massage establishment to expose specified anatomical areas in the
presence of any patron, customer, or guest.
8 64
C. In the course of administering the massage, it is unlawful for any
massage technician or other massage establishment employee to
make intentional physical contact with the specified anatomical areas
of any customer, patron or guest.
4- 10 -10: FACILITIES AND OPERATIONS:
It is unlawful for any massage establishment to operate unless the massage
establishment premises and operation comply with the following minimum
requirements:
A. Signs. A readable sign must be posted at the main entrance
identifying the establishment as a massage establishment, provided,
however, that all such signs must otherwise comply with the sign
requirements of this code.
B. Lighting. Minimum lighting must be provided in accordance with the
California Building Code, as adopted by this code, and, in addition, at
least one unobstructed artificial light of not less than nine hundred
(900) lumens must be provided in each enclosed room or booth where
massage services are being performed on a patron.
C. Ventilation. Minimum ventilation must be provided in accordance with
the California Building Code, as adopted by this Code.
D. Disinfection of Instruments. Instruments used for massage must be
disinfected before each use. Where instruments for massage are
employed, adequate quantities of supplies for disinfection must be
available during all hours of operation.
E. Water. Hot and cold running water must be provided at all times.
F. Linen Storage. Closed cabinets must be utilized for the storage of
clean towels and linen. After use, towels and linen must be removed
and stored in a separate container until laundered.
G. Sanitary Conditions. All walls, ceilings, floors, steam and vapor rooms,
and all other physical facilities for the massage establishment must be
kept in good repair and be maintained in a clean and sanitary
condition.
H. Clean Linen. Clean and sanitary towels and linens must be provided
for patrons receiving massage services. No common use of towels or
linens is permitted.
9 65
Compliance with Laws. The premises to be used must at all times
comply with all applicable state and local laws and regulations.
J. Any room in which a massage establishment provides massage
services may not be used for residential sleeping purposes.
K. A register of all individuals employed as massage technicians, and
copies of their current CAMTC certifications and the massage
establishment owner's business license, must be maintained and
available for inspection at all times during regular business hours.
L. Each person present in any area of the massage establishment
outside the waiting area or other areas open to any member of the
public must be a certified massage practitioner or certified massage
therapist or the massage establishment owner.
M. The permits and certifications required by this chapter must be
displayed in an open and conspicuous public place on the premises.
4- 10 -11: EXCEPTIONS:
This chapter does not apply to the following classes of individuals, and no
CAMTC certification is required of such persons, while engaged in the
performance of the duties of their respective professions:
A. Acupuncturists who are duly certified to practice their profession in the
state of California.
B. Barbers, beauticians, and cosmetologists with respect to scalp, feet,
hands, and face massages, who are duly permitted pursuant to
Business and Professions Code §§ 7301, et seq., in accordance with
the limitations of their permits.
C. Nurses who are registered as such under the laws of the state of
California.
D. Physicians, surgeons, chiropractors, osteopaths, or physical therapists
who are duly permitted to practice their respective professions in the
state of California, or provide professional services in lawful
compliance with Corporations Code § 13401(a).
4- 10 -12: PUBLIC NUISANCE ABATEMENT:
Any massage establishment operated, conducted or maintained contrary to the
provisions of this chapter is unlawful and a public nuisance. The City Attorney is
authorized, in addition to or in lieu of any other legal or criminal proceedings, to
10 66
commence an action or proceeding for abatement, removal or enjoinment of
such massage establishment in the manner provided by law. The City Attorney
may seek a court order to grant such relief to abate or remove such massage
establishments and restrain and enjoin any person from operating, conducting or
maintaining such an establishment contrary to the provisions of this chapter.
4- 10 -13: REVOCATION:
A. Grounds for Revocation. The Director or City Attorney may revoke
approvals issued under this chapter for one or more of the following
grounds:
1. Fraud or Deceit. That the applicant practiced fraud or deceit in
obtaining an approval under this chapter;
2. Violation of Chapter. That the massage establishment owner,
operator, massage technician, or its employee violated a
provision or provisions of this chapter;
3. Criminal Conviction. That the massage establishment owner,
operator, massage technician, or its employee has been
convicted in a court of competent jurisdiction of any offense
described in this chapter;
4. Improperly Maintained Facilities. That the facilities and
operations of the massage establishment are not kept in
compliance with this chapter, and that the owner or operator has
failed to promptly remedy any deficiency of which they have
been notified. For purposes of this subsection, "notice" means
notice given personally or by leaving notice at the massage
establishment premises, or by first class mail, postage prepaid,
to the address designated by the massage technician or
establishment in accordance with this chapter;
5. Employment of Uncertified Technicians. That the massage
establishment has employed, allowed or permitted an
uncertified person to perform massage in the massage
establishment;
6. Error. That the approval was issued in error;
7. Civil Penalties. Assessment of three or more civil penalties as
provided by this chapter during any six month period; or
8. Prohibited Conduct. A massage establishment owner, operator,
massage technician, or its employee or agent has been found to
11 67
have engaged in prohibited conduct in violation of this chapter
or Business and Professions Code Section 4600 et seq.
B. Notice of Revocation. Upon a determination on the grounds to revoke
an approval under this chapter, the Director or City Attorney must
cause a notice of revocation to be mailed by first class, postage
prepaid mail, to the address designated by the massage technician or
establishment pursuant to this chapter.
4- 10 -14: CIVIL LIABILITY AND PENALTIES:
A. Any person violating any provision of this chapter is liable in a civil
action brought by the City Attorney for an amount up to $500 per
violation. Such person is also liable for reasonable attorneys' fees and
costs incurred by the City Attorney in any civil proceeding filed to
enforce this chapter.
B. Enforcing this chapter through civil action may be filed as an
alternative to criminal enforcement. Civil enforcement does not require
the violation to be knowing or willful. A civil action cannot be filed if the
person is being criminally prosecuted.
C. Each violation of this chapter is a separate offense subject to the civil
penalty.
D. The City Attorney may settle any civil enforcement before or after to
the filing of a civil action by imposing a civil penalty in an amount not
exceeding the potential civil liability, including attorneys' fees, set forth
in this section. If such civil penalty is paid in full, the City Attorney can
agree not to file civil or criminal actions or, if action has already been
filed, may dismiss such action. Imposition of all civil penalties is public
record.
E. All civil fines must be deposited into the general fund.
4 -10 -15 APPEAL:
Any person denied an approval under this chapter or a massage establishment
owner or operator whose approval has been revoked may appeal the denial or
revocation in writing pursuant to the appeal procedures provided in by section 1-
2A-15 et seq. of this code. Such appeal must be in writing an must be filed with
the City Clerk not more than fifteen (15) days following the Director's deposit into
the mail of the notice of denial or revocation sent to the applicant or massage
establishment owner or operator to the address listed by the applicant or
massage establishment owner or operator pursuant to this chapter. Any
12 68
successful appeal will result in approval or reinstatement of an approval and
refund of any fines collected by the City."
SECTION 4: This ordinance is exempt from review under the California Environmental
Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA
regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes
rules and procedures to permit operation of existing facilities; consists only of minor
revisions and clarifications to existing regulations and specification of procedures
related thereto; and consists of actions taken to assure the maintenance, protection and
enhancement of the environment. This ordinance, therefore, does not have the
potential to cause significant effects on the environment. Consequently, it is
categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301,
15305, and 15308.
SECTION 5: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 6: Enforceability. Repeal of any provision of the ESMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 7: Validity of Previous Code Sections. If this entire Ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this Ordinance will be rendered void
and cause such previous ESMC provision or other the city ordinance to remain in full
force and effect for all purposes.
SECTION 8: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 9: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 10: This Ordinance will take effect on the 31st day following its final
passage and adoption.
13 69
PASSED, APPROVED, AND ADOPTED this _ day of January, 2013.
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
M
Karl H. Berger,
Assistant City Attorney
Carl Jacobson,
Mayor
ATTEST:
TRACY SHERRILL WEAVER, City Clerk
By:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF EL SEGUNDO )
I, TRACY SHERRILL WEAVER, City Clerk of the City of El Segundo, California, do
hereby certify that the foregoing Ordinance No. was introduced, and placed upon its
first reading at a meeting of the City Council of the City of El Segundo, held on the
day of December, 2012. That thereafter on the day of January, 2013, said
Ordinance was duly passed, approved and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Dated this
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
day of January, 2013
Tracy Sherrill Weaver, City Clerk
City of El Segundo, California
14 70
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
12/07 /12 THROUGH 12120/12
Date
Payee
Amount
Description
11/23/2012
State of CA EFT
(3,630.01)
Prior memo Corr EFT Child sup pmt
11/23/2012
US Bank - Trust Acct
(7,094.56)
Prior memo corr PARS pmt
11/23/2012
US Bank - Trust Acct
7,094.49
Prior memo corn PARS pmt
1217/2012
State of CA EFT
3,630.01
EFT Child support payment
12/7/2012
Nationwide NRS EFT
2,145.66
EFT 401a payment
12/7/2012
Nationwide NRS EFT
57,505.32
EFT 457 payment
1217/2012
Manufacturers & Traders
817.31
IRA payment Vantagepoint
12/7/2012
Manufacturers & Traders
18,483.79
401 payment Vantagepoint
12/7/2012
Manufacturers & Traders
56,093.72
457 payment Vantagepoint
1217/2012
South Bay Credit Union
15,125.38
Payroll credit union deduction pmt
1217/2012
US Bank - Trust Acct
7,094.49
PARS payment
12/10/2012
West Basin
1,844,153.08
H2O payment
12/11/2012
Health Comp
838.38
Weekly claims
12/12/2012
Cal Pers
106,350.55
EFT Retirement Misc
12/12/2012
Cal Pers
519,160.90
EFT Retirement Safety
12/20/2012
Employment Development
47,002.17
State Taxes
1 2/2012 0 1 2
Employment Development
3,141.84
State Taxes
12/20/2012
IRS
208,351.05
Federal Taxes
1217- 12/20/12
Workers Comp Activity
36,635.66
SCRMA checks issued
2,922,899.23
DATE OF RATIFICATION: 01/01113
TOTAL PAYMENTS BY WIRE:
2,822,899.23
Certified as to the accuracy of the wire transfers by:
�n V'j, -,,-
Deputy City Tr &asurer
Director of Finance
City Manager
1 Z�Lc��l2�
Date
1412-011L,
Date
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P:1City TreasureAW ire Transfers120121Wire 2012 4th quarteAW ire Transfers 12 -20 -12
72
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73
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
12/20/12 THROUGH 1/03/13
Data
12/20/2012
12/20/2012
12/21 /2012
12/21/2012
12/21/2012
12/21/2012
12/21/2012
12/21/2012
12/21/2012
12/21/2012
12/21/2012
12!26/2012
12/28/2012
1/3/2013
1/3/2013
1/3/2013
1/3/2013
12/20- 113/13
Payee Amount
Description
State of CA EFT
3,630.01
EFT Child support payment
Health Comp
3,354.13
Weekly claims
Nationwide NRS EFT
2,145.66
EFT 401a payment
Nationwide NRS EFT
34,254.78
EFT 457 payment
Manufacturers & Traders
817,26'
IRA payment Vantagepoint
Manufacturers & Traders
5,188.18
401 payment Vantagepoint
Manufacturers & Traders
26,665.56
457 payment Vantagepoint
South Bay Credit Union
15,125.38
Payroll credit union deduction pmt
US Bank - Trust Acct
7,069.05
PARS payment
Cal Pers
100,470.63
EFT Retirement Mist
Cal Pere
232,176.80
EFT Retirement Safety
Unum
274.20
LTD
Health Comp
2,056.31
Weekly claims
Employment Development
49,704.95
State Taxes
Employment Development
3,590.99
State Taxes
IRS
232,706.36
Federal Taxes
Manufacturers & Traders
26,265.18
457 payment Vantagepoint
Workers Comp Activity
21,108.60
SCRMA checks issued
DATE OF RATIFICATION: 01/15/13
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
� '1- aL-3- 113//3
Deputy City Treasurer Date
- 1/7 13
Date
u-1�
Date
786,804.02
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P:1CityTreasureAWire TransferM20121Wire 2012 4th quarterlWire Transfers 1 -03-13 74
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, December 18, 2012 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 5:00 PM
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tem Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
Mayor Jacobson announced that Council would be meeting in closed session pursuant
to the items listed on the agenda.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring
with the City's Real Property Negotiator; and /or conferring with the City Attorney on
potential and /or existing litigation; and /or discussing matters covered under Government
Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators;
as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -5- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
City of Los Angeles vs. Pacific Bell Telephone Company, et al., LASC Case No.
BC414272
Willmore vs. City of El Segundo, et al., LASC Case No. BC485025
Garton vs. City of El Segundo, et al., LASC Case No. YC066586
Garcia vs. City of El Segundo, et al., WCAB Case No. ADJ8116925 (Anaheim)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 1
75
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Council recessed at 6:50 PM
2
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 2
76
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, December 18, 2012 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 7:00 PM
INVOCATION — Lee Carlile, Pastor, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Fisher
PRESENTATIONS
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Anthony Rotolo, High School Varsity Water Polo, spoke concerning building a new
pool facility.
Joe Harding, resident, gave praise and thanks for the City and Chevron on the
Alternative Tax Agreement.
Liz Garnholz, resident, spoke regarding Agenda Items #9 and #17A.
Doug Poffinbarger, Sustainable El Segundo, gave an update on the program.
Dr. Tony Mendez, resident, spoke regarding Chevron Corporation and the negotiating
of taxes.
Sandy Jacobs, resident, stated the citizens should be proud and satisfied with the City
Council and Chevron for the Alternative Tax Agreement.
Frank Semancik, General Manager of Chevron El Segundo, supports the Agreement
between Chevron and the City of El Segundo.
Marcia Hansen, CEO and Executive Director for the El Segundo Chamber of
Commerce, spoke in support of the Chevron Agreement and congratulated both parties
on coming to terms with the agreement.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 3
77
Mike Robbins, resident, spoke regarding the Chevron Alternative Tax Agreement,
asking was an analysis done properly concerning Chevron's use of the cities resources.
Spoke on a mailer sent to residents regarding a Police Union Fundraiser and was
concerned about the use of using the El Segundo Police Departments badge as an
image on the mailer.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only. MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer
to read all ordinances and resolutions on the agenda by title only. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to amend El Segundo Municipal Code
( "ESMC ") § 4 -8 -8 to allow fees relating to entertainment permits to be adopted by
City Council resolution and adopting a resolution establishing an entertainment
permit fee. Applicant: City of El Segundo.
(Fiscal Impact: $3,505.00)
Sam Lee, Planning and Building Safety Director, gave a report.
Mayor Jacobson stated that this was the time and place to conduct a public hearing and
receive testimony, introduce and waive first reading of an ordinance amending ESMC §
4 -8 -8 to allow fees required for an entertainment permit, adopt a Resolution establishing
a new fee to recover costs associated with issuing entertainment permits and schedule
second reading and adoption of the ordinance amendment for January 15, 2013.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's office.
Mike Rotolo, resident, Past President of Chamber of Commerce and current Chair of
Downtown El Segundo Committee, commended the council and staff for the effort put
forth into making the change on the entertainment permit fees.
MOTION by Council Member Fellhauer, SECONDED Mayor Pro Tern Fuentes by
Council Member to close public hearing. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0.
Mark Hensley, City Attorney, read by title only.
L
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 4
78
ORDINANCE NO. 1475
AN ORDINANCE AMEDING EL SEGUNDO MUNICIPAL CODE (ESMC) §4 -8 -8
REGARDING RECOVERING ADMINISTRATIVE COSTS ASSOICIATED WITH
ISSUING ENTERTAINMENT PERMITS.
Council Member Atkinson introduced Ordinance No. 1475
Second reading and adoption scheduled for January 15, 2013.
Mark Hensley, City Attorney, read by title only.
RESOLUTION NO. 4801
A RESOLUTION ADOPTING A NEW FEE IN ACORDANCE WITH EL SEGUNDO
MUNICIPAL CODE §4 -8 -8 FOR RECOVERING ADMINSTRATIVE COSTS
RESULTING FROM ISSUING ENTERTAINMENT PERMITS.
MOTION by Council Member Atkinson, SECONDED by Council Member Fisher to
adopt Resolution No. 4801 establishing a new fee to recover costs associated with
issuing entertainment permits. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
2. Consideration and possible action regarding the adoption of a temporary plan
check and permit surcharge to design and construct the City's One -Stop Permit
Center for residential and non - residential permits.
(Fiscal Impact: None)
Sam Lee, Planning and Building Safety Director, gave a report.
Mayor Jacobson stated that this was the time and place to conduct a public hearing and
receive testimony regarding the new temporary permit surcharge, close public hearing
and adopt a Resolution establishing the proposed temporary plan /check permit
surcharge.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's office.
Liz Garnholz, resident, asked if the center would be in the vacant Communications
Center.
Mike Robbins, resident, commended the City Council and staff in reducing government
bureaucracy at City Hall and helping businesses and developers push their projects
through in a timely manner. Mr. Robbins asked how many permits the center would
handle and if the center is idle, would it be set up to support other City Hall functions?
Mr. Robbins stated that possibly the funds coming from the new Chevron agreement
could be used for the center, but does not want to see the funds used for pay raises and
unsustainable pensions.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 5
79
MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to
close public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
Greg Carpenter, City Manager, answered Liz Garnholz's question regarding the
Communications Center. The Communications Center was built with funds that are for
law enforcement purposes only, therefore the Permit Center can't be housed in this
facility. Mr. Carpenter stated that Chief Tavera is in negotiations with another law
enforcement agency and should bring to council early next year an agreement.
Mr. Carpenter also addressed the need for the Permit Center. He stated that two areas
in City Hall have not been renovated, one being the Council Chamber and the other a
permit center. Mr. Carpenter stated that the center will better serve our customers and
will be busy everyday. He also stated the facility could be used by others in City Hall if
the center is idle.
Sam Lee, Director of Building and Safety, stated he did not have the current numbers
on how many customers are served daily, but did say that the Center would be a
creative office setting for customers to conduct business.
Mayor Pro Tern Fuentes stated the Center could be used for other permit processes as
well.
Council Member Fisher thanked Council Member Atkinson for coming forward with the
idea to borrow from the Equipment Replacement Fund and have the surcharge to
replace the funds. Council Member Fisher asked if the there has been feedback on the
4% surcharge?
Sam Lee stated that the idea has been received positively. Mr. Lee also stated that the
fees would generate approximately $100,000.00 per year, thus in 5 years the Center will
be paid back to the Equipment Replacement Fund.
Council Member Atkinson stated the Center would help with efficiency for both the City
and our customers.
Mark Hensley, City Attorney, read by title only.
RESOLUTION NO. 4802
A RESOLUTION ADOPTING A TEMPORARY SURCHARGE OF FOUR PERCENT
(4 %) ON ALL BUILDING SAFTEY PLAN CHECK AND PERMIT FEES TO
CONSTRUCT PERMIT CENTER.
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
adopt Resolution No. 4802 establishing the proposed temporary plan /check permit
surcharge. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
3. Consideration and possible action regarding (Public Hearing) the proposed
project and budget for the FY 2013/14 Community Development Block Grant
(CDBG) Program Year. Estimated CDBG budget allocation for Program Year
2013 -2014 is approximately $53,767.00.
(Fiscal Impact: $53,767.00)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 6
W* no
Tina Gall, CDBG Consultant, gave a report.
Mayor Jacobson stated that this was the time and place to conduct a public hearing and
receive testimony, close the public hearing, adopt the new 2013 -2014 CDBG project
and budget, and authorize the City Manager to execute the contracts, in a form
approved by the City Attorney, with the Los Angeles County Community Development
Commission (CDC).
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's office.
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Fuentes to
close public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to
adopt the new 2013 -2014 CDBG project and budget and authorize the City Manager to
execute the contracts, in a form approved by the City Attorney, with the Los Angeles
County Community Development Commission (CDC). MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
C. UNFINISHED BUSINESS
4. Presentation: Update on efforts to recruit for the vacant office of the City
Treasurer and potential action by City Council regarding appointing a person or
calling a special election to fill the vacancy.
(Fiscal Impact: N /A)
Received and filed presentation
Consensus by Council to close the application acceptance period on Thursday,
Dec. 27, 2012 and schedule a Special Meeting for the first and /or second week in
January 2013 to interview the applicants.
5. Presentation by the City of El Segundo Chief of Police, Mitch Tavera, related to
City of El Segundo Mass Emergency Notification Systems.
(Fiscal Impact: N /A)
Chief MitchTavera introduced Captain Bob Turnbull, who gave the presentation
on the City of El Segundo Mass Emergency Notification Systems.
Received and filed oral presentation..
7
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 7
81
5A. Update on the status of negotiations with Chevron Corporation and consideration
of terms for an Alternative Tax Agreement (ATA).
(Fiscal Impact: Estimated — 134 million net new revenue over the next 15 fiscal
years)
Greg Carpenter, City Manager, gave an overview of the past year leading up to
the Chevron Alternative Tax Agreement and gave an overview of the proposed
agreement.
Received and filed report.
MOTION by Council Member Fellhauer, SECONDED by Council Member Fisher
to direct staff to prepare an Alternative Tax Agreement with Chevron Corporation
for the Council's consideration. MOTION PASSED BY FOLLOWING VOICE
VOTE; AYES — MAYOR JACOBSON, MAYOR PRO TEM FUENTES, COUNCIL
MEMBERS FISHER AND FELLHAUER; NOS — COUNCIL MEMBER
ATKINSON. VOTE 4/1.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
6. Consideration and possible action to open the recruitment process for the
positions on the Committee, Commissions and Boards ( "GCBs ") that will expire in
the year 2013.
(Fiscal Impact: None)
Council directed staff to open the recruitment process for the positions on the CCBs, as
listed.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
7. Approved warrant Numbers 2590472 - 2590627 on Register No. 5 in the total
amount of $585,890.44 and Wire Transfers from 11/23/2012 through 12/06/2012
in the total amount of $1,231,085.36. Authorized Staff to Release. Ratified
Payroll and Employee Benefit checks; checks released early due to contracts
or agreement; emergency disbursements and /or adjustments; and wire transfers.
8. Approved Regular City Council Meeting Minutes of December 4, 2012,
9, PULLED FOR DISCUSSION BY MAYOR JACOBSON
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 8
Eh
10. Approved an Amendment to the Joint Powers Agreement between the City of El
Segundo and the Los Angeles Interagency Metropolitan Police Apprehension
Crime Task Force (LA IMPACT) and authorized the City Manager to execute the
Joint Powers Agreement (JPA) Amendment No. 4135A in a form approved by the
City Attorney.
(Fiscal Impact: None)
11. Waived the bidding process per El Segundo Municipal Code § 1 -7 -10, as there
was only one bidder that could meet the product specifications, and authorized
the purchase of emergency food and water for employees, disaster service
workers, and mutual aid responders in the event of a disaster.
(Fiscal Impact: Additional $36,874.23)
12. Authorized the City Manager to sign and enter into Agreement No. 4371,
reviewed by the City Attorney, with the Regents of the University of California to
allow the City of El Segundo to provide Paramedic Internship for students of the
University of California, Los Angeles (UCLA) Emergency Medical Technician
Paramedic Program.
(Fiscal Impact: None)
13, Awarded Professional Services Agreement No. 4372 to Zest Enterprise for
custodial /janitorial services for several City of El Segundo Facilities.
(Fiscal Impact: $119,870.67)
14. Authorized the City Manager to execute Agreement No. 4373 between the City of
El Segundo and NRG in a form approved by the City Attorney for the promotion
of the Sustainable El Segundo program.
(Fiscal Impact: None)
15. Adopted Resolution No. 4803 pursuant to Public Contracts Code § 20168 finding
that an emergency existed within the City and authorized the City Manager to
execute a contract in a form approved by the City Attorney with Best Contracting
Services to repair the Police Department roof without the need for bidding in
accordance with Public Contracts Code § 22050.
(Fiscal Impact: $7,950.00)
MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Fuentes to
approve Consent Agenda items 7, 8, 10, 11, 12, 13, 14. and 15. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0.
6
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 9
83
CALL ITEMS FROM CONSENT AGENDA
9. Consideration and possible action to approve and adopted South Bay Workforce
Investment Board's (SBWIB) proposed Amendment No. 5 to the Joint Powers
Agreement No. 83 -100 transferring the duties of administrative entity from the
City of Hawthorne to the City of Inglewood and authorized the mayor to sign the
Amendment No. 1754E the Joint Powers Agreement No. 83 -100 as amended.
(Fiscal Impact: None)
John Parsons, City of Redondo Beach, gave a report on the South Bay Workforce
Investment Board.
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Fuentes to
approve and adopt the South Bay Workforce Investment Board's (SBWIB) proposed
Amendment No. 5 to the Joint Powers Agreement No. 83 -100 and authorize the Mayor
to sign the Amendment No. 1754E the Joint Powers Agreement No. 83 -100 as
amended. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
16. Consideration and possible action regarding approval of a revised Residential
Sound Insulation (RSI) Program map and a status report on the City's RSI
Program.
(Fiscal Impact: None)
James O'Neil, RSI Manager, gave a report concerning the revised map.
MOTION by Council Member Atkinson, SECONDED by Council Member Fisher to
approve a revised Residential Sound Insulation (RSI) Program map, received and filed
a status report on the City's RSI Program. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
G. REPORTS — CITY MANAGER — Stated that Council Member Fisher is pulling
item No. 17 for revisions. He also wished all city employees and the council a
Merry Christmas.
H. REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK — Reminded everyone that the January 2, 2013 City
Council meeting is cancelled.
J. REPORTS — CITY TREASURER - None
K. REPORTS — CITY COUNCIL MEMBERS
10
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 10
CF
Council Member Fellhauer — Remembering Newtown, CT and how important public
safety is and our first responders. Wished a Merry Christmas and Happy New Year to
all.
Council Member Atkinson — Thanking our city for all we have and wished everyone a
Merry Christmas and Happy New Year.
Council Member Fisher — Wished everyone a great Holiday season.
17. Consideration and possible action to adopt a resolution supporting the Earned
Income Tax Credit EITC and the Volunteer Income Tax Assistance program.
(Fiscal Impact: None)
PULLED FOR REVISIONS
Mayor Pro Tern Fuentes —
17A. Report on the Los Angeles County Clean Water, Clean Beaches Tax/Fee
Measure that would provide revenues to the County Flood Control District to
offset the costs associated with storm water runoff. Consideration and possible
action by Council regarding whether the City wants to protest the proposed
tax/fee.
(Fiscal Impact: None)
Both Council Member Atkinson and City Attorney, Mark Hensley spoke concerning the
tax/fee measure.
MOTION by Council Member Atkinson, SECONDED by Mayor Pro Tern Fuentes to
protest the proposed tax/fee for the city's parcels. MOTION PASSED BY THE
FOLLOWING VOICE VOTE; AYES — MAYOR JACOBSON, MAYOR PRO TEM
FUENTES AND COUNCIL MEMBER ATKINSON; NOS — NONE; ABSTAINED -
COUNCIL MEMBERS FISHER AND FELLHAUER. VOTE 3/012.
Mayor Jacobson —
18. Consideration and possible action regarding the annual request of Mr. S. Claus
for variances from the Municipal Code.
(Fiscal Impact: None)
MOTION by Council Member Fisher, SECONDED by Council Member Fellhauer to
approve the requests by Mr. S Claus. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
11
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 11
85
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Liz Garnholz — let everyone know that the Automobile Driving Museum will have 2 cars
in the Rose Parade.
Mike Robbins — spoke regarding the Newtown, CT tragedy and how the politicians are
exploiting the gun control issue. Mr. Robbins also stated his concern with unsustainable
pensions for our Police and Fire departments.
MEMORIALS —John F. "Jack" Schott
CLOSED SESSION - NONE
ADJOURNMENT at 9:20 PM
Tracy Weaver, City Clerk
12
MINUTES OF THE REGULAR CITY COUNCIL MEETING
December 18, 2012
PAGE NO. 12
M
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: January 15, 2013
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding adoption of Plans and Specifications for
Installation of Sub - meters on the City's main electricity meter for City Hall, the Police
Department and the Fire Station. Project No. PW 13 -02 (Fiscal Impact: $0; $15,000.00
grant reimbursement)
RECOMMENDED COUNCIL ACTION:
1. Adopt the plans and specifications
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: None
Amount Budgeted: $15,000.00
Additional Appropriation: N/A
Account Number(s): 301- 400 - 8203 -8910
ORIGINATED BY: Stephanie Katsouleas, Public Works Director
REVIEWED BY: Stephanie Katsouleas, Public Works Directo
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
In May, 2010 the City was awarded a $486,500 grant from Southern California Edison to
implement a series of energy conversation and efficiency programs. One task called for in the
scope of work is to utilize a utility management software program to track and analyze electricity
consumption among qualifying City buildings (those which have high usage, such as City Hall).
The City Hall electrical meter records collective usage for three buildings - the Police
Department, Fire Department and City Hall, and must be "separated" in order to track usage of
the individual facilities. To do this, staff will need to install three sub - meters off the main
meter's branch lines, which constitutes a capital improvement project. Staff recommends that
City Council adopt the plans and specifications and attached resolution, and authorize the project
for receipt of construction bids.
4 87
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF SUBMETERS FOR THE CITY HALL MASTER
ELECTRICAL METER. PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans installing submeters
on the City Hall master electrical meter (the "Project "). These plans are
complete. Construction of the Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ( "Project Payment Account "). The Project Payment Account is the sole
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2 88
PASSED AND ADOPTED this day of , 20
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Carl Jacobson, Mayor
Karl H. Berger, Assistant City Attorney
Page 2 of 2 89
EL SEGUNDO CITY COUNCIL MEETING DATE: January 15, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to approve change orders with Premier Developing
Services, Inc. for Construction of the Masonry Building for the Water Department's
Telemetry System (2161 E. El Segundo Blvd.) Project No. PW 12 -04 (Fiscal Impact
$11,136)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to approve payments in the amount of $11,136 with
Premier Developing Services, Inc. for Construction of the Masonry Building for the
Water Department's Telemetry System.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $101,800
Additional Appropriation: Yes $11,136
Account Number(s): 401 - 400 - 0000 -8228 (Economic Uncertainty Fund)
ORIGINATED BY: Floriza Rivera, Principal Engineer
REVIEWED BY: Stephanie Katsouleas, Public Works Director
r n
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On July 17, 2012, the City Council awarded a contract to Premier Developing Service, Inc. for
the construction of a masonry building for the Water Department's telemetry system at 2161
E. El Segundo Boulevard. The project is currently ongoing.
Unforeseen conditions in the field have required construction plan modifications, which include
additional excavation and relocation of electrical and telephone utilities, additional removal and
replacement of sidewalks and asphalt, vent duct modifications, installation of a telemetry water
pressure line, the installation of a telemetry cabinet housekeeping pad, and the installation of roof
flashing. The original budget included $9,300 in contingencies, which has now been exhausted.
Additional contingency funds are now needed in the amount of $11,136 to cover increased
construction costs. Staff is requesting that City Council authorize the additional funds, to be
transferred from the Economic Uncertainty Fund.
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EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: January 15, 2013
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding approval of a change order for $855.76 for
United Paving Co. for Maryland Street Improvements between Palm Ave. and Mariposa
Ave. Project No. PW 11 -02 (Fiscal Impact $855.76)
RECOMMENDED COUNCIL ACTION:
1. Approve a change order for United Paving Co. in the amount of $855.76.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $155,325.00
Additional Appropriation: Yes $855.76
Account Number(s): 106 -400- 8203 -8986 (Capital Projects: Gas Tax Fund)
ORIGINATED BY: Floriza Rivera, Principal Engine
f
REVIEWED BY: Stephanie Katsouleas, Public Works Directo
APPROVED BY: Greg Carpenter, City Manager-;C-
BACKGROUND
AND DISCUSSION:
This past summer, Public Works successfully completed a street rehabilitation project on
Maryland Ave, between Mariposa and Palm Ave., which included installing new sidewalks,
curbs, and gutters as well as full street reconstruction. City Council accepted the project as
complete on September 16, 2012 and authorized total payments of $155,325.00. However, staff
made a mathematical error in calculating the final approved quantities after all change orders
were submitted, which results in an additional $855.76 due the contractor. Staff recommends
that City Council approve the additional amount due and authorize a transfer from the State Gas
Tax Fund to cover the extra cost for the work completed.
692
EL SEGUNDO CITY COUNCIL MEETING DATE: January 15, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding Adoption of Plans and Specifications for
Construction of the Mariposa Avenue Storm Drain from Maryland Street to Center
Street. Project No. PW 12 -06 (Fiscal Impact $90,000)
RECOMMENDED COUNCIL ACTION:
1. Adopt Plans and Specifications.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
Resolution
FISCAL IMPACT: $90,000
Amount Budgeted: $90,000
Additional Appropriation: No
Account Number(s): 110 - 400 - 8203 -8374 (Measure R, Mariposa Storm Drain)
ORIGINATED BY: Floriza Rivera, Principal Engineer
REVIEWED BY: Stephanie Katsouleas, Public Works Directo
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
This past summer, Public Works successfully completed a street rehabilitation project on
Maryland Ave, between Mariposa and Palm Ave., which included installing new sidewalks,
curbs, and gutters as well as full street reconstruction. However, during construction of
Maryland Ave., field conditions confirmed that the southern segment of Maryland Ave. (near
Mariposa Ave.) was too flat, making it technically infeasible to install the street, sidewalks and
driveway approaches to meet existing driveways and property line elevations while also allowing
proper flow of runoff and storm water. The temporary solution to this problem included
installing a percolation [French] drain just north of Mariposa while drafting designs for 1) the
permanent installation of two new catch basins on Maryland Ave. and 2) a storm drain line
between Maryland St. /Mariposa Ave. and Center St. /Mariposa Ave. Those designs are now
complete and ready for City Council adoption. Staff therefore recommends that City Council
adopt the attached resolution and plans and specifications for the new storm drain line and
authorize staff to advertise the project for receipt of construction bids. Staff estimates that the
work will cost approximately $90,000 and has identified Measure R funds as available for this
project.
7
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RESOLUTION NO. _
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF STORM DRAIN IMPROVEMENTS FOR
MARIPOSA AVE. PURSUANT TO GOVERNMENT CODE SECTION
830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans for storm drain
improvements on Mariposa Ave. between Maryland Ave. and Center
Street (the "Project "). These plans are complete. Construction of the
Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ( "Project Payment Account "). The Project Payment Account is the sole
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
Page 1 of 2 95
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
Carl Jacobson, Mayor
Karl H. Berger, Assistant City Attorney
Page 2 of 2
,20
M
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: January 15, 2013
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding 1) adoption of Plans and Specifications for
Construction of the Pressure Reducing Station Waterline Improvements at 2161 E. El
Segundo Blvd and 2) authorizing the City Manager to enter into a Reimbursement
Agreement with the property owner to cover 50% of the cost for these improvements.
Project No. PW 13 -01 (Fiscal Impact $35,000.00)
RECOMMENDED COUNCIL ACTION:
1. Adopt Plans and Specifications.
2. Authorize the City Manager to enter into a 50% Reimbursement Agreement with the
property owner of 2161 E. El Segundo Blvd. in a form approved by the City Attorney
for the Pressure Reducing Station Waterline Improvement Project.
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
Resolution
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $0
Additional Appropriation: Yes $35,000.00
Account Number(s): 401 - 400 - 0000 -8228 (Economic Uncertainty Fund)
ORIGINATED BY: Floriza Rivera, Principal Engineij�
REVIEWED BY: Stephanie Katsouleas, Public Works "Direct
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On March 16, 2010, El Segundo City Council declared old Fire Station 2, located at 2161 E. El
Segundo Blvd., as surplus property and authorized its sale. Because the City has significant
water infrastructure at the site, the purchase agreement included granting the City a public utility
easement on the property. As part of the purchase agreement conditions, the City is constructing
a new, smaller building within the easement area where the existing telemetry equipment will be
relocated. That project is expected to be completed near the end of January.
In the meantime, the new property owner, Brian Sweeney, began his own design plans for
construction of a new building where the old telemetry building now sits. Mr. Sweeney
discovered that an abandoned (but charged) water line exists outside the easement area and is
still part of the City's active water infrastructure. The water line, which extends beyond the
X
97
pressure reducing station, was originally installed to operate a turbine but abandoned more than a
decade ago. The water line extension is no longer needed for the City's water operations
purposes but it infringes on the subsurface area Mr. Sweeney needs for the foundation of his new
building. In the interest of an expeditious resolution, Mr. Sweeney and the City have agreed to
equally share the cost of removing the 24 -in steel water pipeline and capping it at the last
pressure reducing station valve. The estimated cost for the work is $35,000.00; the City's
portion would be covered by the proceeds from the sale of Fire Station 2, which is currently
undesignated and held in the Economic Uncertainty Fund. Once completed, Mr. Sweeney will
reimburse the City for 50% of the total cost of the construction project.
Plans and specifications are now complete and staff is ready to bid the project for construction.
Staff therefore recommends that City Council adopt the attached resolution and plans and
specifications for the new water line capping project and authorize staff to advertise the project
for receipt of construction bids.
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RESOLUTION NO. _
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF WATER LINE CAPPING FOR THE CITY "S
PRESSURE REDUCING STATION. PURSUANT TO GOVERNMENT
CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans for capping a water
line at the City's pressure reducing station (the "Project "). These plans are
complete. Construction of the Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity; Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ( "Project Payment Account "). The Project Payment Account is the sole
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2 100
PASSED AND ADOPTED this day of , 20
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Carl Jacobson, Mayor
Karl H. Berger, Assistant City Attorney
Page 2 of 2 101
EL SEGUNDO CITY COUNCIL MEETING DATE: January 15, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 1475 to amend El Segundo Municipal
Code (`SSMC ") § 4 -8 -8 to allow fees relating to entertainment permits to be adopted by City
Council resolution. Applicant: City Initiated (Fiscal Impact: $3,505)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1475 for Environmental Assessment No. EA-
990; and/or
2. Alternatively, discuss and take other possible related action to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1475
FISCAL IMPACT: $3,505
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
y
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager i
REVIEWED BY: Sam Lee, Director of Planning d Building Safety
APPROVED BY: Greg Carpenter, City Manager- �'
BACKGROUND AND DISCUSSION:
On December 18, 2012, the City Council introduced an Ordinance to amend El Segundo
Municipal Code ( "ESMC ") § 4 -8 -8 to allow fees relating to entertainment permits to be adopted
by City Council resolution and adopted a resolution establishing entertainment permit fees. The
Council adopted Resolution No. 4801 that established an Entertainment Permit fee schedule of
$778.00 for new Entertainment Permits and $302.00 for renewal of Entertainment Permits with
annual increases in the Entertainment Permit fee schedule based on the BLS CPI -U index. If
Council adopts the proposed Ordinance, Resolution No. 4801 will become effective on February
16, 2013.
RECOMMENDATION AND CONCLUSION:
Staff recommends that Council adopt Ordinance No. 1475 as introduced to amend ESMC § 4 -8-
4 to allow the City Council to adopt new Entertainment Permit fees by Resolution. The City
Council may waive the second reading and adopt the Ordinance. If adopted without changes,
Ordinance No. 1475 will become effective in 30 days.
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \976- 1000\EA- 990 \CC 12. 18.12\EA- 990.CC.SR.01.15.13.doc 9
1 102
ORDINANCE NO. 1475
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
(ESMC) § 4 -8 -8 REGARDING RECOVERING ADMINISTRATIVE COSTS
ASSOCIATED WITH ISSUING ENTERTAINMENT PERMITS.
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: ESMC § 4 -8 -4 is amended to read as follows:
"4 -8 -4: WRITTEN APPLICATIONS REQUIRED; FEES:
A. Filing Of Application; Payment Of Fee: An application for an entertainment permit
or renewal of such permit must be filed in writing, filed with the City, on forms
provided by the City and be accompanied by an application fee established by
city council resolution.
B. Fee Nonrefundable; Verification Of Application: The application fee required by
this Section is established to cover part of the cost of the investigation and
processing of applications and is not refundable."
SECTION 2: This Ordinance is exempt from review under the California Environmental
Quality Act (Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations (Cal.
Code Regs. tit. 14 §§ 15000, et seq.) because it establishes, modifies, structures,
restructures, and approves rates and charges for meeting operating expenses;
purchasing supplies, equipment, and materials; meeting financial requirements; and
obtaining funds for capital projects needed to maintain service within existing service
areas. This Ordinance, therefore, is categorically exempt from further CEQA review
under Cal. Code Regs. tit. 14, § 15273.
SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
Page 1
103
SECTION 5: This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
PASSED AND ADOPTED this day of 2013.
Carl Jacobson, Mayor
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS
CITY OF EL SEGUNDO
I, Tracy Sherrill Weaver, City Clerk of the City of El Segundo, California, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 1475 was duly introduced by said City Council at a regular
meeting held on the 15th day of December, 2012, and was duly passed and adopted by
said City Council, approved and signed by the Mayor, and attested to by the City Clerk,
all at a regular meeting of said Council held on the 15th day of January, 2013, and the
same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Sherrill Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Az
Karl H. Berger, Assistant City Attorney
PAPlanning & Building Safety \Planning \PROJECTS (Planning) \976 - 1000 \EA - 990 \CC 1.15.13 \EA -990 Entertainment Permits
Ordinance 1475.1.15.13.doc
Page 2
104
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: January 15, 2013
AGENDA HEADING: Consent Agenda
Consideration and possible action to waive bid requirements per El Segundo Municipal
Code ( "ESMC ") § 1 -7 -10 and authorize the City Manager, or designee, to purchase an
NEC "TileMatrix" video wall system and associated hardware from Whitlock. The total
cost for this purchase will be $60,000 using COPS grant and equipment replacement
funds. (Fiscal Impact: $ 60,000)
RECOMMENDED COUNCIL ACTION:
(1) Pursuant to El Segundo Municipal Code Section 1 -7 -10, waive the formal bidding
process and purchase an NEC "TileMatrix" video wall system and associated
hardware from Whitlock using equipment replacement and COPS grant funds.
(2) Authorize the City Manager to execute an agreement, in a form approved by the City
Attorney, to purchase an NEC "TileMatrix" video wall system and associated
hardware from Whitlock using equipment replacement and COPS grant funds.
(3) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Quote from Whitlock
Photograph of a 4- Monitor video wall system
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $59,151.15
Additional Appropriation: N/A
Account Number(s): 120 - 400 - 0000 -3207 -COPS Grant Fund — Equipment
Purchases- $45,151.15
001 - 400 -3101- 8104- Equipment Replacement- Equipment
Purchases - $14,000
ORIGINATED BY: Scott Doukakis, Lieutenant A
REVIEWED BY: Mitch Tavera, Chief of Police "3P01
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On February 7, 2012, the City Council adopted a resolution approving the use of COPS grant
funds to purchase equipment to supplement front line law enforcement.
On December 14, 2011, the police department's video surveillance system became operational.
To fully integrate this video system into a command and control center for police personnel to
10
105
observe, track, and record critical incidents, a video wall monitoring system and associated
hardware is required.
Staff researched several competing video monitor solutions, including Planar, Samsung, Orion,
Christie, and NEC. Based on this review, Staff believes that the NEC "TileMatrix" system
provides the best quality at the lowest price with a proven track record.
The NEC "TileMatrix video monitoring system will provide an integrated, user friendly and
fully configurable solution that is ideal for combining video surveillance cameras with our
recently acquired vehicle fleet tracking software. In addition, the NEC "TileMatrix" system will
allow the integration of separate disparate video feeds from critical infrastructure sites within the
city and allow for future expansion of the video surveillance system.
In an effort to obtain the lowest competitive price from vendors who utilize the NEC
"TileMatrix" system in their platform, Staff obtained the following quotes:
1) DSI Entertainment Systems - $57,705.96
2) Whitlock - $59,151.15
3) Leverage Information Systems - $63,336.19
Staff discussed the extent of the project with each of the vendors and determined Whitlock to be
the only vendor that has completed a project of similar scope at Gardena Police Department.
Further, Whitlock's configuration platform will allow seamless integration with our current
video management software and allow for further expansion of our video system.
Based on the aforementioned quotes and presentations from all three vendors, Staff recommends
purchasing the NEC "TileMatrix" system and associated hardware from Whitlock.
City Staff will complete all physical installation and mounting needs.
106
Whitlock
Share it with the world. CONFIDENTIAL PROPOSAL
15207 NE 95th Street Redmond, WA 96052 - Phone (425) 861 -3484 - Fax (425) 661 -3461 - www.whftlock.com
(Name
ILt. Scott Doukakis
Date
1112842012
Company
EI Segundo Police Department
Valid Period
45
Address 1
348 Maln Street
Freight Terms
Origin
.Address 2
Payment Terms -
Pricing is based on payment via check. ACH or wire transfer
Deposit required plus monthly
invoicing
City, StaltieZip
El Se undo. Callfomla 90245
Quote ID
366.64
(Phone
310- 524.2226
Account Executive
.Jason Parson
Fax
Account Executive -Call .Phone
310 - 845.6996
Cell
Account Executive E -Mall
arson itiock.com
E -Mall
I LT. Doukakfs
I System Designer
jTracy Nash
Command Center Disolav, - NEC 10801P LCD Screens _ of Rooms 1
Rem Qty Manufacturer Model Description Price Total
Display Systems
1 NEC (Four X463UN bundled with four OnSiteOn -46, Four DVI cables, Three Null 16,429.07 16,429.07
Modem Cables, Peerless 2 x 2 pull -out fully adjustable mounting system, two
Tripp Lite ISOBARS Surge Suppressors, Overframe Bezel Kit, IR/Remote Kit,
(FREE Standard Ground Freight, with free NEC content management software
X463UN -TMX4P i(CMS)
Display Systems Total 16 429.07
Routinr+S Swttchtna- Systems
Rcutlno & Swttchlno Systems Total 15,602 -81
Sotoves
1
RGS Spectrum
LX -17 818
Linx 1700 CrossXFormat Switcher with 8 RGB /DVI inputs & 8 DVI outputs ( 4U)
14,207.00
14,207.00
1
AMX
FGP37 -08OB -OOP
(Precis DSP 0808, Stereo Audio with RCA and Digital Signal Processing including 10 -Band
Graphic Equalizer, Volume, Tone, and Balance Control on each Output QuickShip
1,029.17
1,029.17
2
Atlona
AT -HD610
,Audio converter
183.32
366.64
Rcutlno & Swttchlno Systems Total 15,602 -81
Sotoves
Sources Total 50875
Remote Control Systems
1
Tanno
Cv56
Speakers
11375
227.50
1
Extron
00- 645 -01
MIPA -401 am
281.25
281 -25
1
.AMX
FG423-17
:L8 power supply
76.00
76.00
Sources Total 50875
Remote Control Systems
Remote Central Systems Total 3.764 =92_
Mlseelisneous
�© ck. wilh PD915R power supply
Page 1 of 2
107
1
AMX
FG2106.04
INetLinx NI -2100 - Integrated Master/NetLinx Controller with 404 MIPS
Processor, 64MB RAM, 126 MB of FLASH. 41R Ports, 41/0 Ports, 4 Relays, and
;3 RS- 232/422/485 Ports and optional ICSNet
977.94
977.94
1
AMX
FG5968 -27
NO COMM T' Modero X Series Widescreen Tabletop Touch Panel with capacitive multi-
Itouch screen, LED backlight & 1024x600 resolution. Does not include camera, mic or
INFC antenna, it is designed for facilities that do now allow these features
2,710, 96
2,710.98
1
.AMX
FG423-17
:L8 power supply
76.00
76.00
Remote Central Systems Total 3.764 =92_
Mlseelisneous
�© ck. wilh PD915R power supply
Page 1 of 2
107
ttf Whitlock
Share it with the world
Rem Qty Manufacturer Model Description Price Total
a
I
Miscellaneous Total 71429
Total LRted Eaulpment 37.619.94
Cable Connectors S Miscellaneous Int ratlon Hardware i'.100.00
Field CaWln & infrastructure hardware
Connectors, materials. & mtsbeltaneous hardware
Inks ratlon Labor Servicas
Field installation
sho & racx fabrication
2,666.65
IProectmanaoement --
666.67
Testinb & commissionin
Travel
Engineering & design
E ui maP[t rentals __ _ - _
GaD documentation
Sub Total
Controls stem & device ro rammin
7rainin
Gty of rooms
Documentation
Subcontracted Labor
Total lnt"rated SystemfPre -Taxi
Warranty
Page 2 of 2
"I
PrWM Trawl Trans Ratlo & Freight Charges
2,666.65
Fre t
666.67
Travel
1,999.98
E ui maP[t rentals __ _ - _
Sub Total
41.366.49
Gty of rooms
1
Total lnt"rated SystemfPre -Taxi
41,386.49
Estimated Sales Taxes ill Appl lcable
3,3B7.99
.Sales Tax Per Room 8.75%
3 387.98
Total Intearated Svstem (inclusive of Taxes)
44.774.48
Install fees
Grand Total
14,376 67
59151.15
Page 2 of 2
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EL SEGUNDO CITY COUNCIL MEETING DATE: January 15, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to execute a professional
services agreement with Willdan Homeland Solutions to provide professional, technical,
and consulting support for the City's Emergency Management program. (Fiscal Impact:
$60,000)
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to execute a professional services agreement with
Willdan Homeland Solutions in the amount not to exceed $60,000.
(2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Willdan Homeland Solutions proposal
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $ 10,000
Additional Appropriation: $ N /A; $43,500 in salary savings from currently vacant
positions will be used.
Account Number(s): 001 - 400 - 2101 -6214 (Professional/Technical Services)
ORIGINATED BY: Brian Evanski, Captain
REVIEWED BY: Mitch Tavera, Chief of Policec,�
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
In January 2012, the City's Emergency Management Coordinator accepted a position with the
County of Los Angeles as the Disaster Management Area Coordinator for Area G. Since that
time, the Police Department has assumed responsibility for the management of the City's
emergency preparedness needs on an interim basis. Staff recognizes that technical and
specialized expertise is essential to an effective emergency management program and therefore
obtained a quote from Willdan Homeland Solutions to provide program management services
and resources on a part-time but consistent basis.
Staff recommends Willdan Homeland Solutions to provide this contracted service as they have
proven to be a qualified professional consulting firm. Willdan Homeland Solutions is currently
providing similar emergency management services to the cities of Anaheim, Santa Ana and
Tustin.
1 1
110
Willdan recently facilitated the completion of the City's Continuity of Operations Plan (COOP)
and they are currently working with Staff to update the City's Emergency Operations Plan
(EOP). Through these two projects, Willdan has gained valuable insight and knowledge about
the City and its operational practices.
On November 27, 2012, the Disaster Council directed Staff to request City Council's approval
for Willdan Homeland Solutions to provide part time (20 hours per week) emergency
management services to the City. The Disaster Council further recommended that these
professional services be administered out of the City Manager's Office.
The annual cost for these services is approximately $60,000, of which $43,500 pertains to FY
2012/2013. Staff recommends reallocating the needed $43,500 from salary savings related to
currently vacant positions.
111
40/W I L L DA N � ending
you
Homeland Solutions reach
November 1, 2012
Lt. Scott Doukakis
El Segundo Police Department
348 Main Street
El Segundo, CA 90245
Dear Lt. Doukakis,
Willdan Homeland Solutions is pleased to provide the City of El Segundo with emergency
management planning, training, and exercise support. The costs associated with providing
emergency management support for one (10 hours) day and two (20 hours) days per week are
provide below. Moreover, our yearly cost assumes 1— 2 day per week support for 50 weeks
during the first contract year. Should the City desire to continue the contract beyond the first
year, we request a 4% cost of living allowance be granted for future pricing. The costs
associated with providing an emergency services coordinator are as follows:
• One day (10 hours) per week for one year: $30,091.00
• Two days (20 hours) per week for one year: $58,181.00
Again, we appreciate the opportunity to assist the City of El Segundo and look forward to
working with you in the future. Please do not hesitate to contact me at 760 - 521 -5087 with any
questions.
Sincerely,
James E. Bailey
President and CEO
Willdan Homeland Solutions
Engineering I Geotechnical I Environmental I Financial I Homeland Security
714.940.6300 1 800.424.9144 1 fax: 714.940.4920 1 2401 East Katella Avenue, Suite 300, Anaheim, CA 92806 -6073 1 www.willdan.com
112
EL SEGUNDO CITY COUNCIL MEETING DATE: January 15, 2013
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding acceptance of the 2013 -2018 Pavement
Management Program Report prepared by Bucknam Infrastructure Group (Fiscal Impact:
$0.00)
RECOMMENDED COUNCIL ACTION:
1. Accept the Pavement Management Program report as complete.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Pavement Management Index Executive Summary
Map of El Segundo Street Rankings
FISCAL IMPACT: None
Amount Budgeted: $18,615.00
Additional Appropriation: N/A
Account Number(s): 001 - 400 - 4101 -6206 (Engineering: Consultant Services)
ORIGINATED BY: Stephanie Katsouleas
REVIEWED BY: Stephanie Katsouleas, Public Works Directo
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Earlier this year, the City retained Bucknam Infrastructure Group, Inc. to assess the pavement
condition of El Segundo's 30 miles of major and minor arterial streets. This assessment is
required every three years in order to remain eligible to receive Proposition C funding for street
improvements. A pavement condition survey provides a numeric assessment (pavement
condition index or PCI) of the actual condition of city streets on a scale from 0 -100, with 100
being best. Cities strive to maintain streets with a PCI of 73 or higher. The report completed by
Bucknam Infrastructure Group report meets that requirement.
Staff also noted at the time this project commenced that the City's neighborhood streets had
never been evaluated, but that such data would be extremely useful in setting citywide street
maintenance, repair and rehabilitation priorities. On September 18, 2012 City Council approved
additional funding to include evaluation of local streets based on their pavement management
indexes. The findings included in the report show that the City's local streets are now in greater
need of attention given the amount of resources already expended on arterial and collector streets
over the last five years. A summary of the report's major findings is included below.
12
113
Summary of Major Findings:
• The City has approximately 32.1 miles of arterial streets (53 %) and 28.2 miles of local
streets (47 %).
• The weighted average Pavement Condition Index (PCI) considering all City Streets is
64.2. The breakdown includes:
o Arterial/Collector Streets ( PCI = 65.6)
o Local Streets (PCI = 61.9)
Good or Very Good (75 -100)
11.4
4.8 26%
Fair (60 -74)
6.7
11.4 30%
Poor or Very Poor (0 -59)
14.0
12.0 43%
Total (miles)
32.1
28.2
"With approximately 44% of the City's arterial pavement sections within the
condition levels of "Poor to Very Poor "(approximately 14 miles) a proactive
overlay maintenance program needs to be implemented and funded. This will
maintain the citywide weighted PCI at its current conditions and will gradually
increase the PCI t a higher condition level while reducing maintenance costs in
fiscal years 2015 and beyond. "
"Local conditions show that approximately 83% of the pavement network is within
the condition levels of Fair to Very Poor" (approximately 23.4 miles). These
sections should be considered for slurry seal and overlay maintenance. "
• 43% of local streets are in need of overlay or reconstruction.
• Pavement segments currently rated at 65 or greater are recommended for preventative
maintenance to extend the life cycles of those streets, while those less than 65 will require
additional rehabilitation work, up to and including full street reconstruction.
• The city will need to spend approximately $3.5 million over the next five years (or
$700,000 annually) to reach a citywide average PCI of 73.
• The top ten local and arterial streets in need of repair include:
.. Ten
Street Name
ARTERIAL Streets
From
in Need
To
. Rehabilitation
PCI Rating Comments
Alaska
Aviation
Douglas
7
Aviation (5 segments
from 116th to Rosecrans,
less intersection areas)
12 -31 for various
segments
Aviation is currently being
resurfaced and should be
completed by February
Hawaii St.
Aviation
Alaska
15
El Segundo Blvd. EB
Sepulveda
Nash
26
Maple
Sepulveda
Nash
26
Planned for Summer 2013
Sheldon St.
Grand
El Segundo
33
I
114
Top
Street Name
Ten LOCAL of
From To
Pavement Rehabilitation
PC Rating
comments
Coral Circle
Douglas
Douglas
26
Allied Way
Hughes Wy
Park Place
28
California St.
Mariposa
Holly
34
Penn St.
Holly
Grand
34
Hornet Way
Imperial
118t"
36
Pine Ave.
Nevada
Washington
37
Imperial Ave.
West End
Hillcrest
38
Arena St.
Mariposa
Pine
38
Indiana Ct.
Maple
End
39
California St.
End
Walnut
42
The information contained in the report will be used to 1) set local and arterial street repair
and /or replacement priorities for the next five years and 2) estimate what funds will be needed to
accomplish those repairs.
It is worth noting that the City spends an average of $500,000 annually on street maintenance, all
of which comes from grant funds. Specifically, Public Works allocates 1) $120,000 annually
from Prop C, which must be spent on major corridors or collectors that support transit services;
2) up to $140,000 from Measure R local return for local, arterial and collector streets and 3) up to
$400,000 from Gas Tax returns, also for local, collector and arterial streets. In recent years, the
City has used Measure R and Gas Tax funds for its annual slurry seal, sidewalk, curb and gutter
programs (approximately $350,000 — $400,000 /yr) leaving very little reserves for street
resurfacing projects. The City also defers Prop C expenditures until enough reserve funds are
built up to do one large street project, such as the Aviation Blvd. corridor now undergoing
restoration ($460,000 Prop C funding which represents four funding cycles). In summary, while
the City continues to have funds available for its basic annual street rehabilitation programs, the
available funding is not sufficient to improve the overall, citywide street PCI rating, in particular
for local streets.
115
City of El Segundo
2013 Pavement Management Program
Final Report — December 4, 2012
SECTION I
EXECUTIVE SUMMARY
2012 UPDATE OF PAVEMENT MANAGEMENT SYSTEM
Page 1
Section I
As the City of El Segundo continues to show growth with its population, demographics, infrastructure
and maintenance needs, the street network has been running parallel as the system matures and capital
street projects widen and lengthen streets. The City of El Segundo developed its Pavement
Management System (PMS) in the late 1990's with the use of an automated database program. Today,
the City is currently using the Army Corps of Engineers software, MicroPAVER, to manage the street
network. This system is essential to the City in that it assists Public Works staff in capturing funding for
its arterial highway system this in turn allows staff to cost - effectively manage the network through
proactive maintenance and scheduling.
The El Segundo PMS has been developed to assist City personnel by providing current data on the City's
street network and to develop cost - effective maintenance strategies to maintain a desirable level of
pavement performance on a network scale, while optimizing the expenditure of limited fiscal resources.
City staff also provided key information pertaining to the ongoing maintenance that has occurred
throughout the City since 2009. In doing this, we were tasked to generate an updated Capital
Improvement Program report that identified recommendations and deficiencies in the current operating
and maintenance efforts put forth by the City.
For the 2012 project, our staff surveyed all arterial and collector routes to assist the City in complying
with Los Angeles County MTA (METRO) PMP requirements as well as surveyed all local streets and
analyzed historical maintenance operations.
Specifically, the program provides administrators and maintenance personnel with:
• The present condition status of the pavement network (arterial, collector, and local streets),
as a whole and of any grouping or individual component within the City;
• A ranked list of all streets, or segments of streets, by condition within the network;
• Rehabilitation /maintenance needs of each street segment by year;
• An optimized priority maintenance and rehabilitation program based on cost /benefit
analysis and various levels of funding;
• Optimum annual budget levels for pavement maintenance for the current and the following
five (5) years and alternative seven (7) years;
• Prediction of the future performance of the City's pavement network and each individual
street section;
• Updated PMS data to assist the City with GASB 34 compliance; and
• Pavement condition data and analysis presented in ArcGIS that is compatible with City's
existing GIS
Wif
116
City of El Segundo
2013 Pavement Management Program
Final Report — December 4, 2012
Page 2
Section -1
Pavement is a dynamic structure where deterioration is constantly occurring; thus the pavement
management system needs to be updated on a regular basis to reflect these changes in pavement
conditions, pavement maintenance histories, and maintenance strategies based upon budgetary
constraints. This report reflects the current state of the City's pavement network and recommended
maintenance strategies for the next five (5) years.
CITY'S PAVEMENT NETWORK
Within the El Segundo pavement
management network there are
approximately 32.1 miles of
Arterial /Collector streets. The
Arterial and Collector network
consists of approximately 7,209,738
SF of pavement which consists of 130
pavement sections. The Local
network consists of approx. 4,697,209
SF of pavement which consists of 163
pavement sections totaling in 28.2
centerline miles. Combined, the
entire network consists of 60.3 miles
of streets.
Pavement Area (SF) by Rank
Local;
4,697,209; 3.91
�Y
4tI `r
Figure 1
4 ■Arterial
■ Local
Arterlal;
7,209,738; 61%
The City's pavement network is broken down into manageable groups that have similar characteristics,
such as pavement rank, surface type and logical segmentation. Pavement segments are identified by
their branch and section numbers. Pavement "branches" that have a common usage, such as Mariposa
Avenue, defines a "branch" within MicroPAVER. Pavement "sections" are pavement segments within
the defined branch that have consistent pavement rankings, construction /maintenance histories and
use. Representative inspection samples are then selected and visually surveyed to locate distress data.
This data is used to calculate the pavement sections Pavement Condition Index (PCI) which includes
distress type, extent of the distress and its severity.
The PCI is a condition rating that ranges from 100 (a new pavement section or recently overlaid or
reconstructed) to 0 for a section that has structurally failed and deteriorated dramatically. Weighted
average PCI of a given area /zone = pavement section PCI * its own area divided by the total square
footage of the given area /zone. Table 1 summarizes the section conditions found within the City of El
Segundo pavement network by rank.
• The weighted average PC! for the City of El Segundo Arterial / Collector network is 65.6
• The weighted average PCI for the City of El Segundo Local network is 61.9
In
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City of El Segundo
2013 Pavement Management Program
Final Report — December 4, 2012
Page 3
Section I
The weighted PCI value associated with the Arterial and Local routes shown through our survey analysis
is timely in that it is showing that a large amount of preventative, slurry seal, and overlay work will be
needed over the next several years to increase the level of condition (PCI) to a "preventative
maintenance" state.
CURRENT CITYWIDE CONDITIONS (ARTERIALS AND LOCALS)
The overall condition of the City's pavement network is "Fair" with a weighted average PCI of 64.2
based on the surface area of each segment. The distribution of the City's overall pavement network is
shown in Section III of this report (Condition Distribution).
For comparison, Bucknam performed pavement management studies for several other Los Angeles
County agencies and have included their weighted PCI values; Hermosa Beach (72.7), Culver City (62.9),
and Huntington Park (60.1).
Condition
PC] Range
Arterial
Local
Total
% of Network
Very Good
_.. ...
.86 -100
3.2 ..........�
.__....... .2:5ry _
� . 11.7
19%
..............
»...Goad
75,85. ».
.....2 -2 .y „,�..
2-3
7%
Fair
6i 74 I
6 7
I
19.1
30%
Floor
..:
..» 41_59 T _........ 9.6
.._........21:x....:
1 .3
1 � �1.7
19.9
33% .. - -...
Very Poor
{F 4�
44
6.1
X0%
32.1
28.2
1 60.3
Table 1— Condition Distribution by Mileage for All Streets
As shown above, a large majority of segments are distributed through Good to Poor condition categories
(70 %, approximately 42.5 miles). These findings indicate that large amount of overlay maintenance is
still needed to be performed on the pavement network. These condition ranges are defined by the
Army Corps of Engineers.
With 44% of the City's Arterial pavement sections within the condition levels of "Poor to Very Poor”
(approximately 14.0 miles), a proactive overlay maintenance program needs to be implemented and
funded; this will maintain the citywide weighted PCI at its current conditions and will gradually increase
the PCI to a higher condition level while reducing maintenance costs in fiscal years 2015 and beyond.
Local conditions show that 83% of the pavement network is within the condition levels of "Fair to Very
Poor" (approximately 23.4 miles). These sections should be considered for slurry seal and overlay
maintenance.. The City should consider implementing a zone maintenance approach that will focus
maintenance efforts, on an annual basis, within a small geographic area thus improving specific areas of
the City over the next five years.
In general, the Arterial network is showing higher condition levels compared to the Local network; there
are only a handful of key overlay projects that should be proactively managed in the next few years of
the Arterial & Local Streets CIP.
i
118
City of El Segundo Page 4
2013 Pavement Management Program
Final Report — December 4, 2012 Section l
These findings are positive in that the amount of revenue to maintain the network is not overbearing
or detrimental to the system as a whole. In fact, in the budgetary reports that follow, we have found
that the historical expenditure levels that the City has been applying to pavement maintenance will
"maintain" the conditions found today for the next five years.
Therefore, Cost efficient preventative maintenance should be the focus of the Arterial PMP for the
next several years. The Local network needs to receive additional proactive slurry seal and overlay
maintenance in the short-term (FY 2013 thru 2016).
Furthermore, as large overlay and rehabilitation projects are considered for funding, the City should also
consider using sub -grade R - Values, structural design, distress severities and extents as parameters for
determining whether a pavement section that lies within the Fair to Poor condition range should be
overlaid or reconstructed.
PCI conditions reflect "surface" conditions; additional sub - surface data such as coring data, R- Values and
asphalt depths will provide City to with a better approach to the maintenance that should be applied.
Poor; 19.9;
PCI Distribution - All Streets
Very Poor; 6.1;10%
Very Good; 11.7;
19%
Fair; 18.1; 30%
Good; 4.5; 8%
Figure 2 — PCI Condition Distribution by Miles for All Streets
■ Very Good
n Good
Fair
■ Pour
* Very Parr
Im
119
City of El Segundo
2013 Pavement Management Program
Final Report — December 4, 2012
MAINTENANCE STRATEGY DEVELOPMENT
Page 5
Section 1
Based on the results of the condition survey and input from the City, pavement
maintenance /rehabilitation strategies were developed. At the outset, the City and Bucknam staff
identified a distribution of City maintenance funds that would be applied to the network over the next
five years. This was based upon the desire to prevent the decrease in street conditions and not allow an
increase in the maintenance backlog funds over the five /seven -year program.
With this approach, Bucknam has recommended a "minimal level of service" which creates a major
dividing line in determining pavement maintenance. Generally within pavement management
programs, a PCI range between 55 to 70 determines the threshold of when preventative or major
overlay maintenance is activated. Based on the City's weighted average PCI, condition distribution,
maintenance practices, our team has identified a PCI of "65" as the minimum level of service. This
means that any pavement section with a PCI greater than 65 will be recommended for preventative
maintenance. This recommendation is indicated in Table 5, Section II.
Bucknam developed a multi -year Capital Improvement Program for the City based on the pavement
records, yearly capital expenditures and the most recent 2012 inspections. These recommendations and
results are shown in Section II of this report where we have demonstrated what level of funding is
necessary to improve the current weighted condition level of 64 to a level of 73 by FY 2018.
As shown in Figure 2, 27% of the City's streets are in Very Good to Good condition. These sections will
be targeted for "preventive" maintenance within our Capital Improvement Program (CIP)
recommendations. The reasoning in doing this is to extend the life cycles of those "good" pavement
sections which accrues capital saving to aggressively rehabilitate those pavement sections that are
below the "minimal level of service ".
In order to achieve the most effective and optimum program for the City, certain strategies have been
selected and /or analyzed. Below is a listing of the maintenance activities utilized in strategy
development. Each activity is representative of the types of work that have been programmed as part of
the long -term maintenance requirements of the City's street network.
General Repairs -Stop Gap (Localized Maintenance *)
For this maintenance type, small localized surface treatments are utilized as "holding action"
solutions (stop gaps) to delay the need for pavement structural strengthening. They typically
include activities such as crack sealing, deep patching, skin patching, grinding and leveling.
Slurry Seals (Global Maintenance *)
Surface treatments applied to pavements with minimal surface distress to provide new wearing
surfaces and extend pavement life. Generally consists of a mixture of conventional or latex -
modified emulsified asphalt, well - graded fine aggregate, mineral filler and water placed over an
existing AC surface.
120
City of El Segundo
2013 Pavement Management Program
Final Report - December 4, 2012
Overlays (Major Maintenance *)
Page 6
Section I
AC Overlay — Placement of a layer of hot -mixed asphalt concrete over the existing pavement surface
(may include pavement fabric). Grinding (milling) is performed prior to the overlay to reduce the
total height of asphalt and assure alignment with existing gutter lines. This also includes "dig- outs"
and crack sealing prior to the application of an overlay. This treatment provides a new wearing
surface and increased structural strength to the pavement section. A conventional overlay should
be designed for a ten -year life.
Asphalt Rubber Hot -Mix Overlay - The ASTM definition is: Asphalt- Rubber is a blend of asphalt
cement, reclaimed tire rubber and certain additives in which the rubber component is at least 15%
by weight of the total blend and has reacted in the hot asphalt cement sufficiently to cause swelling
of the rubber particles. Specifically, using crumb rubber modified binders in pavement application
benefit local agencies in that cities find:
• Pavement resists cracking by being more flexible;
• Cost savings come from a longer life cycle (from Bucknam's experience typically 20%
longer), decreased maintenance and the use of less material
• Improvement in skid resistance;
• Decreased noise; and
• It provides long- lasting color contrast for marking and striping
Reconstruction (Major Maintenance *)
Removal of the existing pavement section to a prescribed depth followed by the placement of a
conventional flexible pavement section using a structural AC Hot Mix or AR Hot Mix or a full depth
asphalt. Each classification of road has a typical design cross - section upon anticipation traffic
loading.
*Localized, Global and Major maintenance activities are default terms used within the MicroPAVER
pavement software. Specific pavement repair applications are placed within each maintenance
activity in order to develop multi -year maintenance forecast recommendations.
121
City of El Segundo
2013 Pavement Management Program
Final Report — December 4, 2012
ANNUAL BUDGET PROJECTIONS
Page 7
Section 1
The budgeting process was approached with the following in mind; generate two unique work programs
for the next five (5) years based upon actual road pavement conditions in order to:
1. Demonstrate how the City's current "Actual" budget allocation for pavement maintenance
performs against the conditions found through our surveys
2. Identify the required citywide budget to reach a PCI level of 73 within five years
Based on current and future pavement maintenance needs, two annual work programs have been
prepared and summarized below. Table 2 demonstrates the citywide five -year, $500,000 per year work
program. Table 3 demonstrates the required budget that is needed to improve the citywide weighted
average PCI to a level of 73 within five years (each scenario addresses arterial and local streets).
Plan Yr PCI Before
PCI After
Slurry Seal
Overlay /Recon
Total
Deferred Maint.
201314 .
Table 2 — Citywide Projection Utilizing "Actual" Budget ($500k /yr)
.. ».....`........... -.�... _......._
............ _..
2014 -15 63.6 ..
... 50
`$4598:}
........ _....
s $501,242
.. m
$498
S5�7.Z22
__..__... _..
$546, 799
57.604,762
-
57,797.696
2015 16
64.0 9 65.5
$183,256
,48
.....
_.
.....t. ..
s».,....
2016 17
_
1 $32 584
I $499 794..
S532M 7
$7,932,558 ......
µ( ,.....67 s
201718 i 67.3 j
::.....69 ...:
71.0 l
$5,150
$501,934
J $8,490,096
Additional detail and breakdown of budget projections are demonstrated in Section IV of this report.
All work program budgets generated are presented in terms of current 2012 dollars. All repair activities
were based on distresses observed at the time of the field survey. These are recommendations and are
to be used as "the best case scenario" for improving the City of El Segundo street network.
122
1 $237,680
$2,258,278
$2,505,958_j
Table 2 — Citywide Projection Utilizing "Actual" Budget ($500k /yr)
Plan Yr
PCI Before PCi After
Slurry Seal
Overlay /Recon
Total
Deferred Maint.
2013 -14
64.0 9 65.5
$183,256
1 $359,054 }
$552,310
7,242,513
....... _..._.. ......... ._ ..............._.._....r. .,..,..M..,».... » ».,....... ....._.. _.:..................ti.....,,.. .... ..........,.........,.3........ _..,, .... ...........�..................�
2014-1 63.9 66.3 $204,084 l $496152 I 5700,236
.... ..................,......i
.. �_,_.....w...... v.
S7,294.229
..�....:.„
2015-16
.:........................_
64.8 1 69k.1
272,318
5478188 i
$750,508 1
.1 ..
-..». ...M........ ....................... ...»......... »w. .....
2016-17 1 67.4 7 a 5 97.986 - 520.707
...»..$...._.... .. ........ »......:.., ».. »....... r .............. . ..........._ .... .:_......,.....
$718.593 i
........,,..»..........»,.
........$7,235,960
.�.........
.. $7,2358,979 ....
.......................,......_
2017-18 ��
70.0 74.3
$159.136
$634.831
$785,027 `•
$7,099,770
$1,007,680
$2,,498,992
$3,506,672
Table 3 — Five-Year Projection Demonstrating Required Budget to Reach PCI of 73
Additional detail and breakdown of budget projections are demonstrated in Section IV of this report.
All work program budgets generated are presented in terms of current 2012 dollars. All repair activities
were based on distresses observed at the time of the field survey. These are recommendations and are
to be used as "the best case scenario" for improving the City of El Segundo street network.
122
City of El Segundo
2013 Pavement Management Program
Final Report — December 4, 2012
QUALITY CONTROL EFFORTS
Page 8
Section I
As indicated in our scope of work, Bucknam performed numerous quality control checks in the field
during survey efforts as well as specific site investigations requested by the City. Field check efforts
were performed at the end of each week of survey.
This project included the survey of Local streets; previously Local streets were not in the City's
MicroPAVER database. Bucknam added the pavement segmentation and metrics for all Local streets.
123
City of El Segundo Page 9
2013 Pavement Management Program
Final Report — December 4, 2012 Section I
FINDINGS AND RECOMMENDATIONS
Arterials
The actual workload requirements identified indicate that the Arterial street network is currently in
"Good" condition. To maintain this condition, it is critical that preventive maintenance and overlay
activities are funded at the levels identified in Table 2 and the reports in Section IV to maintain a very
good network weighted average PCI value.
Our arterial /collector findings for conditional data and recommendations for revenue expenditures are
shown below:
• The Arterial /Collector network has a weighted PCI of 65.6;
• Currently, 44% of the arterial network (approx. 14.0 miles) qualify for overlay /reconstruction
maintenance;
• Arterial maintenance projects should focus on maintaining the current weighted PCI of 65.6 over
the next five years;
• Develop a proactive fiscal and planned approach to identify arterial overlay projects based on
the deterioration modeling within MicroPAVER;
• Maintain arterial revenues at the levels shown within the Section IV Forecasted Maintenance
Report for a minimum of five years to generate the results identified within this report.
• Reassess /re- evaluate the arterial rehabilitation budget programs every two years to improve on
CIP forecasts for 2013 -14 and beyond to ensure the results shown in Table 2 or 3;
• Perform pavement inspections on the arterial network every two years to build a solid planning
model within MicroPAVER to track PCI deterioration.
• Demonstrated budget shown in Table 2 is ample to maintain the arterial weighted PCI of 65.6
through five years, however, the citywide deferred backlog increases from a level of $7,400,000
to $8,100,000 after five years
• Bucknam recommends that the City proactively budget pavement maintenance at the levels
shown in Table 3 in order to improve upon the conditions found today as well as decrease the
amount of deferred maintenance
124
City of El Segundo
2013 Pavement Management Program
Final Report - December 4, 2012
Locals
Page 10
Section I
Our Local findings for conditional data and recommendations for revenue expenditures are shown
below:
• The Local network has a weighted PCI of 61.9;
• Currently, 43% of the Local network (approx. 12.0 miles) qualify for overlay /reconstruction
maintenance; 49% qualify for slurry seal maintenance
• Local maintenance projects should focus on increasing the current weighted PCI of 61.9 to a
level of 71 over the next five years;
• Current Local Master Plan for maintenance should be followed as shown in Section IV reporting;
• Develop a proactive fiscal and planned approach to identify Local overlay projects based on the
deterioration modeling within MicroPAVER;
• Increase Local revenues at the levels shown within the Section IV Forecasted Maintenance
Report for a minimum of five years to generate the results identified within this report.
• Reassess /re- evaluate the Local rehabilitation budget programs every two years to improve on
budget forecasts for 2013 -14 and beyond to ensure the results shown in Table 3;
• Perform pavement inspections on the Local network every three years to build a solid planning
model within MicroPAVER to track PCI deterioration (1/3 of the City each year);
• Demonstrated budget shown in Tables 2 is ample enough to increase the Local weighted PCI;
proactive funding needs to be implemented to see these results. However, the citywide
deferred backlog increases from a level of $7,400,000 to $8,100,000 after five years
125
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EL SEGUNDO CITY COUNCIL MEETING DATE: January 15, 2013
AGENDA STATEMENT AGENDA HEADING: City Clerk
AGENDA DESCRIPTION:
Consideration and possible action regarding the administering of the Oath of Office to the
appointed City Treasurer. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Clerk presents Certificate of Appointment and administers oath of office.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: No $
Account Number(s):
ORIGINATED BY: Tracy Weaver, City Clerk
REVIEWED BY: Greg Carpenter, City Mlanagel� -
APPROVED BY: Tracy Weaver, City Clerk
YL-
BACKGROUND AND DISCUSSION:
As required by Election Code 1026 the Elections Official (City Clerk) shall administer the oath
of office to the City Treasurer as prescribed in the California Constitution.
127
EL SEGUNDO CITY COUNCIL MEETING DATE: January 15, 2013
AGENDA STATEMENT AGENDA HEADING: Mayor Carl Jacobson
AGENDA DESCRIPTION:
Consideration and possible action to nominate, select and approve the travel of a former
Council member to travel to Guaymas in February of 2013. (Fiscal Impact: $1,000.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to approve the travel costs for a former Council member
to travel to Guaymas;
2. Alternatively, discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
none
FISCAL IMPACT: $1,000
Amount Budgeted: $1,000.00
Additional Appropriation: $n/a
Account Number(s): 001 - 400 - 2901 -6403
ORIGINATED BY: Deborah Cullen, Director of Finance/Human Resources
REVIEWED BY: Greg Carpenter, City Manager
APPROVED BY: Carl Jacobson, Mayor ,,a;L
BACKGROUND AND DISCUSSION:
A sister city, county or state relationship is a broad - based, officially approved, long -term
partnership between two communities, counties or states in two countries. Sister city partnerships
have the potential to carry out the widest possible diversity of activities of any international
program, including every type of municipal, business, professional, educational and cultural
exchange or project. Sister city programs are also unique in that they inherently involve the three
main sectors in a community: local government, businesses, and a wide variety of citizen
volunteers.
For years, the City of El Segundo has maintained a Sister -City relationship with the City of
Guaymas, Mexico. Former City of El Segundo Mayors have made countless visits to Guaymas to
participate in cultural exchange and information sharing.
In the FY 2012 -2013 Adopted Budget, $1,000.00 was appropriated for the Sister City
Program.1n accordance with the City's Administrative Policy, all Council members were polled
to determine if any current Council Member was interested in traveling to Guaymas in 2013 and
based on that polling none were interested. Therefore, Council may nominate, select and
approve the travel of a former Council Member to Guaymas with reimbursement of this travel by
the City.
14 128
