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HomeMy WebLinkAbout02/26/2018  /s/ Steve Teglia B A K E R S F I E L D Committee Members Staff: Steve Teglia Councilmember, Chris Parlier, Chair Assistant City Manager Councilmember, Jacquie Sullivan Councilmember, Andrae Gonzales SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, February 26, 2018 12:00 p.m. City Hall North, First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 AGENDA SUMMARY REPORT The meeting was called to order at 12:06 p.m. 1. ROLL CALL Committee members Present: Councilmember, Chris Parlier, Chair Councilmember, Andrae Gonzales Committee members Absent: Councilmember, Jacquie Sullivan City Staff: Alan Tandy, City Manager Steve Teglia, Assistant City Manager Brianna Carrier, Management Assistant Virginia Gennaro, City Attorney Richard Iger, Deputy City Attorney Viridiana King, Associate Attorney Joe Dougherty, Bakersfield Police Lieutenant William Toler, Bakersfield Police Sergeant Others Present: Members of the Public 2. ADOPT MAY 22, 2017 AGENDA SUMMARY REPORT The Report was adopted as submitted.   ____________________________________________________________________________________ S:\Council Committees\2018\Legislative and Litigation\02_February\February 26 ASR.docx Page 2 ST:mc   3. PUBLIC STATEMENTS There were no public statements. 4. DEFFERED BUSINESS A. Continued Discussion Regarding Massage Ordinance Penalties – Iger Deputy City Attorney Iger provided a brief presentation regarding the massage ordinance including background information regarding the proposed changes to the massage ordinance discussed at the Committee meeting held on May 22, 2017; proposed changes include: requiring individuals who own, manage, and or operate a massage business to acquire an establishment permit for the location, require massage therapists to acquire certification from the California Massage Therapy Council (CAMTC), and to extend the denial, refusal, or revocation period from 90 days to one year. Doug Bennett with People Against Trafficking Humans stated his organization is concerned with the high rate of prostitution and human trafficking that can be associated with massage parlors. He supported the regulation of massage parlors through the CAMTC. Dustin Contreras with Kern Coalition Against Human Trafficking stated he agreed with Mr. Bennett’s comments and cautioned that tougher regulation would only cause the prostitution issue to go underground. He stated legislation needs to be changed to make the massage businesses more transparent; abolishing human trafficking will deter illegal massage parlors. Victoria Wolf, a local massage therapist, stated she has worked in the industry for 18 years and would like to see a grandfather clause option extended to massage therapists who have been in the industry for as long as she has. She stated it would be very difficult for her to be able to acquire CAMTC certification and continue working full time. It would take more than a year to complete the additional hours required to meet CAMTC certification standards. Beverly May, Director of Governmental Affairs with CAMTC stated the current law did include a grandfather clause which expired on December 31, 2014. New applicants must complete 500 hours at an approved CAMTC school. Ms. May stated individuals can contact their legislators for any changes to the law. City Manager Tandy asked if past credits acquired by massage therapist, who have attended continued education courses, are taken into consideration by CAMTC as part of the 500 hour requirement. Ms. May stated CAMTC cannot accept and apply continuing education courses to the 500 hour requirement; a maximum of 200 hours can be accepted if the courses were completed at an approved CAMTC school. Karen Keller, a massage therapist, stated she has been a massage therapist for approximately 19 years and cannot afford to complete the CAMTC requirements and that the new requirement would have a big impact to older massage therapists in the business.   ____________________________________________________________________________________ S:\Council Committees\2018\Legislative and Litigation\02_February\February 26 ASR.docx Page 3 ST:mc   Committee member Gonzales asked what the current CAMTC certification requirements are and what the estimated costs were to complete such requirements. Ms. May stated requirements for CAMTC certification include the following: completion of 500 hours of ongoing education at a CAMTC approved school; passing of an approved national exam like the Massage and Bodywork Licensing exam developed by the Federation of Massage Therapy Board; payment of a one-time background check fee; and payment of a $150 fee for a two-year certification. Due to the number of private schools, national accredited schools, and community colleges schools, approved by CAMTC, the cost can vary. Ms. Wolf and Keller stated they have spent from $400 to $1,000 respectively, for ongoing education in the current year. Kristin Smith inquired about what charges are faced by those who are arrested. Deputy Attorney Iger stated charges range from prostitution to violation of multiple municipal codes. Committee member Gonzales requested staff provide the number of licensed massage therapists who are arrested for an underlying issue like prostitution. Meladi Moret asked what effects the code changes would have on individuals who did not study in California. Ms. May stated CAMTC has the authority to recognize national accredited schools; if the school where the education was acquired was recognized by the state, it will be considered by CAMTC. Debbie McCown stated she has been a massage therapist for 18 years and thinks that massage therapists who have been practicing for such an extended period of time should not be penalized and required to acquire a certification from the CAMTC due to the behaviors and practices of establishments who are performing illegal acts. The Committee called a brief recess at 12:46 pm and reconvened at 12:50 pm. John Manning stated that he is married to a licensed Asian massage therapist who has been in the business and has run her own establishment for more than 10 years; the proposed ordinance changes will impacted her as well. He stated that those who have been practicing legitimately for a prolonged amount of time should not be punished and required to acquire CAMTC certification. Committee Chair Parlier requested staff prepare an ordinance which includes a grandfather clause section which will apply to current licensed massage therapists who have been actively practicing for over a 10-year period. They are to be in good standing and have no prior involvements with law enforcement. A list should be established and included from the current active city licensed massage therapists. The item will return to the Committee for further review and discussion.   ____________________________________________________________________________________ S:\Council Committees\2018\Legislative and Litigation\02_February\February 26 ASR.docx Page 4 ST:mc   City Attorney Gennaro clarified that staff will return the current proposed ordinance including the addition of incorporating a time clause which will give permit holders one year from the effective date of the ordinance to be CAMTC certified; and a second ordinance containing the grandfather clause as described above. In addition, staff will review the fee schedule for any possible adjustments or changes. 5. NEW BUSINESS A. Discussion and Committee Recommendation Regarding the Adoption of 2018 Committee Meeting Schedule The calendar was adopted as submitted. 6. COMMITTEE COMMENTS There were no committee comments. 7. ADJOURNMENT The meeting adjourned at 1:08 p.m.