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HomeMy WebLinkAbout11/02/1990 B A K E R S F I E L D Kevin McDermott, Chair Patricia DeMond Ken Peterson Staff: John Stinson AGENDA BUDGET AND FINANCE COMMITTEE Friday, November 2, 1990 12:00 Noon City Manager's Conference Room 1. MASSAGE ORDINANCE (Lt. Matlock) 2. AMBULANCE RATE REVIEW (Dennis Needham) 3. HOMELESS CENTER UPDATE (Jake Wager/George Gonzales) ORDINANCE NO. kN ORDINANCE OF TR~ COUNCIL OF T~E CITY OF BAKERSFIELD AMENDING SUBSECTIO~ A OF SECTION 5.32. 010, SUBSECTION A OF SECTION 5.32. 020: SECTION 5.32. 030 AND SECTION 5.32. 040, AND ADDING SUBSECTION D TO SECTION 5.32.020 OF T~E BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE ESTABLIS~EB~I~. BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. Subsection A of Section 5.32.010 is hereby amended to read as follows: A. "Massage" means a method of treating any external part of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading or tapping with any body part or any instrument. "Massage" shall not include the rubbing, stroking, kneading or tapping of any external part of the head, face, neck, shoulders, hands or feet by a cosmetologist licensed as such by the State of California. SECTION 2. Subsection A of Section 5.32.020 of the Bakerfield Municipal Code is hereby amended to read as follows: 5.32.020 Permit required. A. Except as provided in subsections B, C and D, below, it is unlawful for any person to'keep, maintain or operate a massage establishment, or to perform massage for a fee, profit or other compensation, in the city, in violation of this chapter or without having first procured and maintained a valid permit from the city manager or his designee. Each massage technician must hold a valid permit. B. Subsection A of this section shall not apply to establishments wherein the only persons performing massage are the following: 1. Physicians, nurses, physical therapists, chiropractors or osteopaths licensed in their respective -- 1 -- pz'ofessions by the State of California pursuant to the Code of Business and Professions: 2. Massage technicians holding valid diplomas or certificates of .graduation from a school or other insti%~tion licensed by the State of California Department of Education wherein the method, profession or work of massage is taught, pperforming under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor or osteopath licensed in his or her respective profession Dy the Sta~e of California pursuant to the code of Business and Professions. C. Subsection A of this Section shall not apply to the following persons: I. Physicians, nurses~ physical'therapists, chiropractors and osteopaths, all of whom must be licensed in their respective professions issued by the State of California pursuant to 'the Code of Business and Professions. 2. [4assage technicians holding valid diplomas or certificates of graduation from a school or other institution licensed by the State of California Department of Education wherein the method, profession or work of massage is taught, pperforming under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor or osteopath licensed in his or her respective profession by the Sta~e of California pursuant to the code of Business and Professions. D. "Health facilities" licensed as such by the State of California pursuant to the Health and Safety Code, shall not be required tc obtain a permit as a massage establishment, and persons holding a massage technician permit may perform massage on residents therein. SECTION 3. Section 5.32.030 of the Bakersfield Municipal Code is hereby amended as follows: 5.32.030 Application - Issuance - Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted no less than fourteen days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: - 2 - l. The name, mailing address~ two previous ~ddresses immediately prior to present address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, previous employment for the three years. immediately preceding the date of application, prior licenses held and whether such licenses were ever revoked or suspended and the reasen therefor, and the arrest record if any of the applicant and of all persons who will manage the business; 2. The name, mailing address and location of the business; and 3. The business tax certificate number of the business. B. Each application shall be submitted along with two portrait photographs at least two-inches by two-inches. C. Each applicant shall submit a valid diploma or certificate of graduation from a school or other institution licensed by the State of California Department of Education, wherein the method, profession and work of massage is taught. D. The city manager or his designee shall, in his discretion, issue a permit if he finds: i. That the application is complete and truthful; 2. That neither ~he applicant nor any manager of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation. 3. That neither the applicant nor any manager of the business has done any act involving dishonesty, fraud or decei~ with the intent to substantially benefit himself or another, or substantially injure another. 4. The building and the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning. 5. That a valid business tax certificate has been issued for this business. 6. The applicant is eighteen years of age or older. 7. The applicant for' a permit to operate as a massage technician has been granted a valid diploma or certificate of graduation from a school or other institution licensed by the State of California Department of Education wherein the method, profession or work of massage technicians is taught. 8. That the applicant has no~ had.a permit, issued under this section, revoked, unless the city manager finds that ~he reasons for such revocation are unrelated to this application. E. Ail permits issued under this chapter shall remain in effect until December 31 of the calendar year of issue, unless earlier suspended or revoked. All permits issued under this section and in effect at the time of passage of the ordinance enacting this section, shall remain valid until December 31 of the year of such enactment, unless earlier suspended or revoked. F. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.70.040. SECTION 4. Section 5.32.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.32.040 Regulations. A. A recognizable and readable sign shall be posted at the main entrance identifying the establishment; provided, however, that all signs shall comply with the sign requirements of the city. B. Lighting shall be provided as required by the Uniform Building Code, adopted in Chapter 15.12; in addition, at least one artificial light of not less than forty watts shall be provided in each enclosed room or booth where massage services are being performed. C. Ventilation shall be provided as required by the Uniform Building Code, adopted in Chapter 15.12. D. Ail massage establishments shall be operated in compliance with state and local health laws and regulations. E. Ail employees of the massage establishment, and all persons performing massage shall be eighteen years of age or older. - 4 - F. No massage establishment shall oDerate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate. G. Any permit issued pursuant to this chapter'shall be non-transferrable, and shall be valid only as to the applicant and location provided on the application for such permit. H. It shall be the responsibility of the holder of the permit for the massage establishment to insure that each person employed as a massage technician shall have first obtained a valid permit pursuant to this chapter. I. The permit holder for the massage establishment shall maintain a current file of all persons employed by him or her. The file shall contain true names and aliases used by such employees, age, birthdate, height, weight, color of hair.and eyes, home address, phone numbers, social security number and the date of employment and termination. J. Every person holding a permit pursuant to this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron and the name of the massage technician administering such treatment. The record shall be open to inspection by the city manager or his designee during business hours. Such records shall be maintained for a period of two years. K. No person holding a permit purs~lant to this chapter shall per,nit communication devices to be installed or used in any manner on the premises of the massage establishment so as to interfere with or hinder inspection by a law enforcement officer. L. No person shall conduct or operate, or permit to be conducted or operated, a massage establishment between the hours of ten p.m. and seven a.m. of the following day. M. Any person holding a permit for a massage establishment shall, during business hours, be responsible for, and provide, that the premises be readily accessible and open for inspection by law enforcement officers or other employees of uhe city who are charged with enforcement of health and safety or other laws of the city or state. N. The departments of planning, building, fire and health departments shall, from time to time, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this chapter are met. - 5 - O. No person licensed to do business as provided in this chapter shall operate Under any name or conduct the business under any designation not specified in the permit. P. All massage technicians shall hold valid diplomas or certificates of graduation from a school or other institution licensed by the State of California Department of Education wherein the method, profession or work of massage is taught. Q. Massage shall'be performed only at a massage establishment for which a permit has been issued and is valid SECTION 5. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after 'the date of' its passage. o0o - 6 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a ~.egular meeting thereof held on , by the following vote: CiTY CLERK and Ex Officio Clerk of ~he Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SMERFY ACTING CITY ATTORNEY of the City of Bakersfield LCM/meg BUS-ORD~ MASSAGE2.0RD 10/25/90 - 7 - GOLDEN .EMPIRE AMBULANCE 801 18th STREET P.O.BOX 918 93302 BAKERSFIELD. CALIFORNIA 9.3L~G1 .... ~ ,,- ,~: ~. 325-9011 '' CiTY L: Honorable Mayor and Council.Members City of Bakersfield 1501Truxtun Ave. Bakersfield, CA 93301 October 8,1990 Dear Honarble Mayor and Council Members, As per Ordinance No. 2886 new Series of the City of' Bakersfield, the City Council passed a resolution in November 1989 setting the current ambulance rate schedule. " It also identified a subsequent rate review to be conducted in December Of 1990. Per this resolution, GOLDEN EMPIRE AMBULANCE SERVICE respectfuly ask this council to provide for a rate review as so indicated. Currently there is not a set criteria for establishing a rate review and adjustment. We would like to request a set procedure as to which data is required and how this data will be utilized to establish a rate increase By establishing a set criteria, we would be able to collect and provide this data in a more timely fashion as the rate review and adjustment is percieved to be an annual occurance. We thank you for your patience and understanding with these matters. If we can be of any assistance, please call me. Sincerely, General. Manager "WE SERVE SO OTHERS MAY LIVE." J  MEMORANDUM" S~JECT: ~ids o~ =he L~or for ~he Completion of the Bakersfzeld '~;g';%~?~:.J<:.:";'On' Se~te~er 20, 1990, : four. bids' were 'received from general :~J~7~%;;:~':~'~; contractors to provide the necessa~ labor' to finish the ':~-~:_;~?~(~J->..';-construction of the Homeless facility. The iow bid on the project ~:~?;~:;~"~:'"' was $388,879. ~is bid well exceeded the funds available for the 'completion of this project and the engineer's estimate City Council reviewed the bids at the October 3, 1990 City Council meeting and authorized staff to reduce the scope of work to be completed under '~this-bid.--Staff deleted such items as the completion of the services ~building, deleted items for materials ~d supplies that were donated during the bidding process and work- .~i%;]~/~%~.'tO'-be. completed by City' staff. On'October 25, 1'990, threeT?; ;j-3~j~.~/.~.:. additional bids were s~mitted for ~his project. Low 'bid of · $310,540 from Ontec West Construction was received. Again, this was much higher than the anticipated revenue avail~le for the to develo~ a ~lan of action. According to Be~y,. because of the .~].j~ij;:?~.~j~.;.:~:._delay in the completion of this project, FESG funds totaling ~:-' approx~atelyt$70,000 will be returned to the State because they will not be ~le to e~end these f~ds. ~ey have reco~ended that these f~ds, with state approval, be ~sferred from operating to ':-:~'?:;~;~:-.co~truction. ~is' re,est was made by Be~Y to the State.' ~.~?~- (Attac~ent i), ~d we are awaiting ~e State au~orization .for the Ontec. West. -:~ We 'are:. reviewing ~' savings 'that ma~ have g~eratea-from d°nations of:; supplies and materials, but we feel--- that- there will not be..enoug~ savings for the needed ~o " We · are re~est~ng ~at ~ ad~t~onal $31,000 from' Block Grant ~ds be .~ made'avail~le so that we can award <the contract at the Nove~er ~-jj~j~:~:28~ City Co~cil meeting and finish the completion of the project. /.:Lr gj homles, mere BETHANY SERVICE CENTER 407 Baker Stree! October 29, 1990 Bakersfield, California 93305 (805) 324-4190 Maureen Higgins, Director · State of California Department of Housing Board of Directors and Community Development Rev. Don Buteyn P. O. Box 95204 Chai,0erson Sacramento, cA 94252-2054 Rev. Ronna Case Secretary Mr. James H. Bock Re: State Contract #89-FESG-027 ~reasure, Nancy Btanton Dear Ms. Higgins: Brian Dandy Gale Enstad Linda Eviston The City of Bakersfield has just opened the bids for the JerryFlynn labor to complete the rehabilitation of the Bakersfield HollyGallager Homeless Center. The low bid of $310 540 is the result GuadelupeGarcia ' Bart Hill of going through the bid procedure twice. This bid price Dr. George Laven is $101,040 over the amount of State ESP funds awarded AmyLum to Bethany for rehabilitation costs PhilMcLaughlin · Rex Martin Rev. Duane Meyer The City:J~,s recent experience in this and other Public Richard Pra0o Works projects shows a dramatic upswing in. construction RicardoPerugorria Jorge Ramirez costs. These increases are a reflection of an economic CatherineRanger boom in which the growth in the number of construction AI Sandrini SuDervisor Mary K. Shell projects has resulted · in higher prices and less Ben Stinson competitive bids. Rev. Bob Schwartz Rev. John 'rurner Jim Veach The above referenced state contract for Federal Emergency GroverWaldon Shelter Grant funds has incurred a cost savings of Dr. Derrill Whitten $70,000· Rather than return those funds to the federal RobertHWilliarns Rollin Winslow government, Bethany. is requesting that. you authorize a line item change for rehabilitation as described below: Bruce Ball Executive Director Transfer $14,000 from Provision of Essential Services to Rehabilitation Transfer $36,000 from Operations to Rehabilitation Transfer .$20,000 from Maintenance to Rehabilitation Total Transfer $70,000 The staff of the City 'of Bakersfield is' prepared to request that the City Council provide an additional · $31,040 to meet the bid price. By utilizing the federal and city funds, along with the State ESP award, 'the City Council will be able to accept the low bid at their' Bethany Service 'Center proviOe§ for basic needs to the homeless and to the poor. Page 2 October 29, 1990 Maureen Hlggins ' November 28 meeting. This action .will allow for the immediate onset of construction of the emergency shelter. Again, we respectfully request that you personally approvethe line item changes described above. The deadline for the City Council Budget and Finance Committee meeting where recommendation of funding will be reviewed is Friday, November 2 at 10:00 a.m. Your immediate authorization will enable us to meet that deadline and thus proceed with this essential project.' Respectfully yours, Chair!:~s ~e~ Board of Directors xc: Jake Wager, Director City of Bakersfield Economic Development Department hcdltr