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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 — 7 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 1 11 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 2 12 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 3 13 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 4 14 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; 15 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: 2 16 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 25k) 142-7,4r - 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"' ....... + 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 m W H LL 0 CL CL LLa 6 O F 8� o ZLL m sp W t Go r� LL O� v s N n �I N s 8 m°m �iy pmngma°pn°�o�o�v (m n , A 1 y��N { • N f'1A8W °I mN N °> 6 O W M A f° O YI 1� +� � G CID M vl t� mID Ih Qm n m w j LL y Qz Z W W U "-2-Gj in 2 ?O < l 2 Z a 0 2 Oz. 1- Oi FF gZm MZ Z uui °za F Z 7 U mF ZZ FLL be i� O ` vw W O W wOwl LL LL� Z 1L1pl, ORu°Pi sm �jrc zZ2gU��mv~ico ozxw�mm IL w> zad o5¢ Z��a yZ4az¢rc7� < 2w aaC— •,,�Z�jj .a z_�� `� O C a� ��wK�Oa ~ ~g 7 j R 7( 7 F Coe Z Uyf JJUI J cUC7 t5UaLL o <�J O�� I�a22-2915 0W ZrcwG�w O W LLLU apwW <t! aSmCwF�wUa3 �rc ww`o ~ Q o f aa a 3 a Sn 3 r 5 S m— a a W K- N H m m O> O F w O< 4<< a O Lou a cal - maa as <xxr riLLUJ acss?1�3300 o o3 'u5o $ �o-- -r- OA ---- 'SSeg9^i�FMY$�SoS8B F' z 2 q J' QQ O� W 0 U3 Y V 2 V a 7 Y 71 C W o r $ Q w m U 4 U m N D m d ti mt a C a!e . c o c � o rojE�A Slii co m O L 99a ® {p $y @r C ° IE p1j O �N aE m U t3 m ur0» o w wam � � ma W <Wy Zt9alu ; A m a ix ILN�= °Zm a paEIc m LL u O ° > O F Z W O A 11 W = H O V/ V p` O U I C LL If 2 Q W Ix ti < m Y LL Q 71 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 P. E a a 0 ¢ a a a Q O w Z < pLL O �z m r N ro J LLIR O � F to U¢ a 3 m v3 a N t70 NN iD� UA'I n� N Em00 01 C1 Qppi VI �lppl i7 IA (0 O i-Z co pl e% h N O CL w 7Cam] O hfO eq Nr t2 Imo N i� Oz m R U) ❑ Iwu z LL E6 0 4. ❑ w w F-❑ LL OJ ¢ 5; ¢ z r Ir W W U r LLZ a = ❑ U 8 2 pw O Cp O O LL o Z Y z 2 r F 2 G LL a! r J U w {{yy W i: z> V1 Z❑ W LLU¢¢� �OH� O W W ¢OC❑wU¢F" rH 2 LL 7 u¢ O 'o N Fes- 1- F W W j z U z N j W ¢ EO ❑ XLL W m� m >} Z C5 � a � LL Iii W a d z Q¢ U Q aoo¢O¢ W �w -z 3 zz W fL7 347zS W �m JVI so❑au��i°Fa LLLL� Fw��ow�¢❑adW r W LL F x r a a pO w w ¢d c9 a a J W H J d J s¢ W W m D z"�4G1Si�oo fa q¢� Na¢V �-y 7m y-asr W¢ H m O¢¢¢ O Y p r W Q Q 4 W 4 a 0 0 0 Q O W X X D corm a u a a a x x r LL u u? LL 3 3 o w 3 3 a W w 0 ----------- N Sm, h i W s z c� J as F3 W a N Y V V F`r �m 73 00 t 4 n U® O C m u_ � m 5•VFF i° 2 ui a o U) m m '$ > ® 7 m U o m �R O 12 L aggRmv m > a ¢ m E® o o w n o v C R b v cc mZ c o a£ o J `r� Emc m L m R a L G m n m m 9 o o o a a D V _T o ¢m- �ei ° cp F w m G L t m 0 a a, � m co a�`W �` mm ®m cc N s0 �U S 2 Uw a U u p w Z 0. W Y II W Z 111 Cl U- II 2 4 <11 m 2 IL 6 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. 5 90 IVI/1d a z Z) C9 w J w m v r r 0 H Z w 2 O F- =a %w N� _ N wY - CC O U U J m CL i a LLo I I t t 13 y -- CC 2 w w Q F- LU N > J m pCWO O �ZIT w (rjJ�N Z w w r p ~ U) J cn J n. �Zw 00ww Z o a Q w �r �< w J 0 m �o I I z 0 w U) " j J w L w U) z Q U w co fO E F C C C C C C C 91 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 93 fir! _f❑ 0.MaouvrnvI! I' ,`� IS SVIMM Ell -- W 1qS ❑ o z `V MW 4 Z a] 3 a O W V 00 W�N GAN H03Aln,,J3S � N D T ZH cc Cn Zi 00 � r ^lam � �� a� ❑ `� ❑❑ a Z ❑ M 1=1 E=l ❑ ❑❑ ❑, a ❑ cc t EIE❑ FR LW ❑ ❑ ❑❑ ❑❑�- ti 0 94 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. Lvind W d 1 a 0 a d J F- U W 7 Q ALIEIE71 i I'10 ao� ❑ oo a a a❑ ]o 00 lsaaw3a 0 J m O 0 z C� W U) J W O qlLL< t?4 �w H W p O Z J � LIJ H m G .0 ) 0 =a �0 =c� 0 Cf) �awA op LV J Cc Zwa Lcuc J W UU NW m W Q N a aka IL l z LU Q U 0 ix C C C C C C C 99 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 "I � / 3-W � �� / \ \ƒ _ � 0100 ~��. � /��.� \ \ \� / \ \_. LI f � �� °�{ � \ �� z 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 117 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 it gi Yu as CL m o 2 -0 _ c o Q'a 0 N 0 w � o E v > ea a N m AM T 4 O L o N v U m C atDO n M o m v o U s g it gi Yu as CL m o 2 -0 _ c o Q'a 0 N 0 w � o E v > ea a 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