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Home My WebLink About08/03/1990 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, August 3, 1990 12:00 Noon City Manager's Conference Room 1. Community Development Block Grant Budget Amendment 2. Price Research - Draft Survey 3. State Budget Update 4.' Health Net Pharmacies 5. Massage Establishments MEMORANDUM August 6, 1990 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN W. STINSO ,~t~A~SISTANT TO THE CITY MANAGER SUBJECT: STATUS OF FUNDS REPORT The attached reflects a draft of proposed amendments to prior years' C.D.B.G. Funds. Due to the complex and somewhat unclear format of the report, the Budget and Finance Committee requested that staff redo the report so it may be better understood. This new report will be presented at the next Budget and Finance Committee meeting. JWS:jp Attachment cc: J. Dale Hawley, City Manager STATUS OF FUNDS 6-30-90 115-75700-652 Loan Programs $185,479.30 Home Loans $166,188 115-75900-652 Direct Housing Assist. $ 26,054 Home Access. Grants 115-74800-653 Contribution to Other Agencies $215,000 Haven Counseling Center 73,000 -~73,000~ (a 2) Friendship House 55,000 (p).- Fair Housing 62,000 Harvey Auditorium 25,000 ' -(13,000~ (p) 115-75700-653 Loan Program $160,867.60 (a 3) Neighborhood Revitalization 160,867.60 Loans 115-79100-653 Land and Land Improvement $ 67,795.25 Demos 67,795.25 115-75900-743 Street Improvements $292,000 Beech St. C & G 38,750 +41,250 (p) Baker/Monterey C & G 100,000 +55,154 (p) Terrace Way C & G 120,000 Direct Delivery Cost 33,250 115-79100-765 Land & Land Improvements $ 42,000 Senior Center 42,000 +18,000 (p) 119-76957-652 PY Loan Programs $233,271 Housing Loan 133,271 Transferred ~00,00~ to Friendship House (p) 119-76961-652 PY Unapplied Appropriation $ 71,112 Sunset Neighborhood 30,000 (p) Incentive Area Program 30,000 ~0,00~ (a 3) Monterey C & G 11,112 (p) 119-76948-653 PY Contributions to Other Agencies $129,804.34 Boys Club 100,000 Facade (~A~r.~ 29,804.34 119-79991-765 PY Land & Land Improvements $ 3,300 (a 5) Community House 3,300 119-79992-765 PY Buildings $ 60,000 (a 3) (Neighborhood Homeless 60,000 Rehab. Loans) 119-79994-767 ~PY Non-structural Improvements $209,000 Westminster 59,000 -( 59,00~ (a 5) Incentive Area 150,000 -(I50,00~ ~ 12)' Infrastructure 118-76957-673 PY Loan Program $ 25,239 Facade ~~.) 13,444 Monterey C & G 11,795 (p) 118-79995-743 PY Street Improvement $ 11,386 Monterey St. C & G 11,386 (p) 117-76957-652 PY Loan Program $ 11,723 Monterey St. C & G 11,723 (p) 117-76957-673 PY Loan Programs $ 5,388 Senior Center 5,000 (p) Monterey St. C & G 388 (p) 117-79994-746 PY Non-Structural Improvements Beech St. C & G 41,250 (p) Monterey St. C & G 8,750 (p) 2 gstat713 De-Obligation of Funds 115-75700-653 Neighborhood Revitalization Loans (Loan Programs) ($160,867) (3) 115-74800-653 Haven Counseling Center Acquisition ~ (Contr. to Othe~ ($73,000) (2) Agencies) 119-76961-652 Metropolitan Bakersfield Employment and (PY Unapplied Economic Incentive Program Appropriation) (30,000) ~ (3) 119-79991-765 Community House Savings (PY Land & Land (3300) (5) Improvements) 119-79992-765 Neighborhood Revitilization Loans (Neighborhood (60,000) (3) Revit. Loan Prog.) 119-79994-767 Westminster Grading Improvement (PY Non-Structural (40,000) (4) Improvements) (19,000) (5) Incentive Area Infrastructure (138,000) 100,000 (1) m~ st. Improvement (12,000) 38,000 (2) TOTAL (524,167) 3 gstat713 New Projects 11 -74800-653 Baker Street Library Rehabilitation (Contribution Phase II to Other $100,000 (1) Agencies) 119-79994-766 ~ 100,000 11 -74800-653 First-Time Home Owner Loan Assistance (Contribution Program (2) to Other Agencies) 100,000 119-79994-767 - 38,000 115-74800-653 -,,73~000 111,000 11 -75700-653 Development Housing Cost " (3) (Neighborhood Tegeler Hotel 115-75700-653 - 160,867 Revitalization 211,000 Loan Program) t19-76951-652 - 30,000 119-79992-765 - 60,000 250,867 116-79200-765 Rehabilitation of Station #2 119-79994-765 40,000 (4) (Buildings) - 11 -74800-653 Article 34 - Referendum 119-79994-653 - 19,000 Contribution Educational Program 119-79991-765 - 3,300 to Other Agencies h2,300 gstatT13 4 City of Bakersfield - PUblic Safety Capital Improvement' Time Frame / Cost Schedule PubLic Services Building Add Three Floors 6,000,000 Construct Third and Fourth Floors to Police Building 6,900,000 Aerial Ladder Truck - 100' 350,000 Construct Fito 5tatlon - 6915 5tine Road 950,000 Fire Station g2 F=atthquak~ Upgra~ or Replacement 800,000 Heavy Rescue Unit 230,000 Purchase County Fir~ Station at 127 i~rundago 385,000 Storage Building - Olive Drive Training Fact?tRy 150,000 Hazardous Matcn-ials Division Remodel 200,000 Relocation of Fir~ Station g4 1,250,000 Re. location of Fir~ Station g8 1,000,000 Expansion of Fire Station 7 & Fire Station I l 500,000 Expansion & Equipment - Fi~ Communications Center 750,000 New Fire Safety Cont~'ol 1,300,000 City Emergency Operations C~nter 1,425,000 Construct Fire Station - Buena Vista Read 1,425,000 Four Year Total 23,615,000 PRICE RESEARCH ~~~ CITY OF BAKERSFIELD - PUBLIC SAFETY BOND STUDY #90-37 AUGUST 1990 PHONE NUMBER: RESEARCHER: Hello, this is with Price Research Consultants, a public opinion firm. I'd like to get your opinion on some issues of interest if I may. All of your responses will be completely confidential. 1. I would like to begin by asking you how you feel about this area as a place in which to live. Do you consider it to be a very desirable, somewhat desirable, somewhat undesirable, or very undesirable place to live? VERY DESIRABLE 01 SOMEWHAT DESIRABLE 02 SOMEWHAT UNDESIRABLE 03 VERY UNDESIRABLE 04 DK/NA 09 2. For each of the following issues in your community, please tell me if you think the issue is either extremely important, very important, somewhat important, or not important: ex vy sm not DK/NA -Police services 01 02 03 04 09 -Population growth 01 02 03 04 09 -Overcrowded schools 01 02 03 04 09 -Fire Dept. services 01 02 03 04 09 -Crime 01 02 03 04 09 -Air quality 01 02 03 04 09 -City Public Services 01 02 03 04 09 1 3. In general, how would rate the quality of police services provided by the local city police department? Would you rate the quality of local city police services as excellent, above average, below average or poor? EXCELLENT 01 ABOVE AVERAGE 02 AVERAGE 03 BELOW AVERAGE 04 POOR 05 DK/NA 09 4. In general, how would rate the quality of fire protection by the local city fire department? Would you rate the quality of local fire department protection as excellent, above average, below average or poor? EXCELLENT 01 ABOVE AVERAGE 02 AVERAGE 03 BELOW AVERAGE 04 POOR 05 DK/NA 09 5. In general, how would rate the quality of public services provided by the City of Bakersfield? Would you rate the quality of public services as excellent, above average, below average or poor? EXCELLENT 01 ABOVE AVERAGE 02 AVERAGE 03 BELOW AVERAGE 04 POOR 05 DK/NA 09 6. Now I am going to read you some statements some people have made about issues in the City of Bakersfield. After I read each statement, please tell me whether you strongly agree, agree, disagree, or strongly disagree with the statement. SA A D SD DK/NA -The police department building is overcrowded more space is needed. 01 02 03 04 09 -Public service facilities in the City of Bakersfield are adequate. 01 02 03 04 09 -Taxes are already high. I would never vote for a tax increase no matter what it would be used for. 01 02 03 04 09 -Fire and emergency equipment are adequate for providing our community with quality fire protection. 01 02 03 04 09 -There is a great deal of waste in the city budget. They could easily make cuts. 01 . 02 03 04 09 -Building new fire stations is a good investment in our community. 01 02 03 04 09 -Emergency response services in the city of Bakersfield are adequate. 01 02 03 04 09 7. The City of Bakersfield is considering placing a measure on the ballot that would increase property taxes in order to raise $23.6 million to fund capital improvements in the fire, police and public service departments. Would you favor or oppose such a measure? FAVOR 01 OPPOSE 02 UNDECIDED 03 8. Next, I am going to ask you to grade some services provided by the City of BaRersfie!d with a letter grade just like a school report card: A=excellent; B=very good; C=satisfactory; D=poor; and F=very poor. How would you rate the performance of the City of Bakersfield on the follawing: A B C D F DK/NA -Quality of Police services Ol 02 03 04 05 09 -Managing of City Monies 01 02 03 04 05 09 -Quality of Fire Department Services 0! 02 03 04 05 09 -Quality of City Administrators 01 02 03 04 05 09 -Quality of Public Works 01 02 03 04 05 09 Department 9. Now I am going to read some statements about the proposed tax measure. Please tell me whether the information in each statement would make you more or less likely to vote for the measure: (ROTATE THE STARTING ORDER OF THE FIRST SEVEN QUESTIONS. DO NOT ALWAYS BEGIN WITH THE SMALLEST AMOUNT.) more less NO DIFF If you knew that .......... -Taxes would be increased $ 20 per year. 01 02 03 -Taxes would be increased $ 88 per year. 01 02 03 -Taxes would be increases $ 44 per year. 01 02 03 -Taxes would be increased $ 57 per year. 01 02 03 -Taxes would be increased $ 36 per year. 01 02 03 -Taxes would be increased $ 65 per year. 01 02 03 4 more less NO DIFF -$6.9 million would be used for an addition to the police station. 01 02 03 -$350,000 would be used to purchase a new aerial ladder fire truck. 01 02 03 -That your homeowners insurance would decrease because of the new police and fire services. 01 02 03 -$6 million would be used to add three floors to the Public Service Building. 01 02 03 -None of the bond money would be used for administrator 01 02 03 salaries. -$200,000 would be used to renovate the Hazardous Material Division. 01 02 03 -$750,000 would be used for equipment and expansion of the Fire Communications Center. 01 02 03 -There is no present bond indebtedness pertaining to city services. 01 02 03 -Taxes would be increased $3.70 per month. 01 02 03 -$1.3 million would be used to expand the Fire Safety Control Division. 01 02 03 -$5 million would be used to relocate fire stations and build new ones. 01 02 03 -$230,000 would be used to obtain a heavy rescue unit. 01 02 03 -Taxes would be increased about 85 cents per week. 01 02 03 10. Now, I am going to read you the names of individuals and organizations that might endorse (support) the proposed tax measure. Would you please tell me whether each endorsement would make you more or less likely to vote for the measure? more less NO DIFF -State Senator Don Rogers O1 02 03 -State Assemblyman Philip Wyman O1 02 03 -State Assemblyman Trice Harvey 01 02 03 -Board of Supe~;isors 01 02 03 -Bakersfield Californian 01 02 03 -Chamber of Commerce 01 02 03 President George Martin -Board of Realtors 01 02 03 -City Council 0! 02 03 -Fire Association O1 02 03 -Police Association 01 02 03 -City Employee Union 01 02 03 ll. Here are some arguments that have been made concerning the proposed City of Bakersfield tax measure. Please tell me whether each argument would make you more or less likely to vote for the measure: more less N~EIFF -If the bond does not pass 01 02 03 there would be a reduction in public safety service. Would this argument make you more or less likely to support the measure? 6 more less ND E~F -It has been projected that the 01 02 03 City of Bakersfield will need 5 more fire stations in the next 5 years. Would this argument make you more or less likely to support the measure? -If the bond does not pass the 01 02 03 city will be unable to provide adequate fire se~zice coverage. Would this argument make you more or less likely to support the measure? -Overcrowding results in inadequate 01 02 03 staff and low employee morale. Would this argument make you more er less likely to support the measure? -The City of Bakersfield is O1 02 03 projected to grow by 62,000 people in the next 10 years. Would this argument make you more or less likely to support the measure? -If the bond does not pass there 01 02 03 will be an increase in fees for developers and new homeowners. Would this argument make you more or less likely to support the measure? 12. Now that you have heard some information and arguments about the proposed measure to raise $23.6 million to fund capital improvements in the fire, police and public service departments, would you favor or oppose such a measure? FAVOR 01 (IF FAVOR ASK Q12A) OPPOSE 02 (IF OPPOSE ASK 12B) UNDECIDED 03 7 12A. Would you say that you are strongly in favor, somewhat in favor, or just in favor of the tax? STRONGLY IN FAVOR 01 SOMEWHAT IN FAVOR 02 JUST IN FAVOR 03 DK/NA 09 ~0 TO ~13 12B. Would you say that you are strongly opposed, somewhat opposed, or just opposed to the tax? STRONGLY OPPOSED 01 SOMEWHAT OPPOSED 02 JUST OPPOSED 03 DK/NA 09 13. If you had to choose between the three bond projects - the expansion of services and purchasing of equipment for the Fire Department, the expansion of the Police Department Building, or the expansion of the Public Service building - what would be your first choice? What would be your second choice? What would be your third choice? DO NOT READ WOULD NOT SUPPORT ANY 01 SUPPORT ALL EQUALLY 02 DK/NA 09 13A. What is your first choice? (CIRCLE APPROPRIATE RESPONSE) Fire Dept. Services 01 Police Dept. Expansion 02 Public Service Dept. Expansion 03 X3B. What is your second choice? (CIRCLE APPROPRIATE RESPONSE) Fire Dept. Services 01 Police Dept. Expansion 02 Public Service Dept. Expansion 03 13C. What is your third choice? (CIRCLE APPROPRIATE RESPONSE) Fire Dept. Services 01 Police Dept. Expansion 02 Public Service Dept. Expansion 03 14. Where do you get most of your information about local issues? (READ ALTERNATIVES - CIRCLE ONLY ONE RESPONSE. IF THE RESPONDENT LISTS MORE THAN ONE, ASK THEM TO IDENTIFY THEIR MOST IMPORTANT SOURCE OF INFORMATION.) Bakersfield Californian 01 Your neighbors/friends 02 Local Television 03 Local Radio 04 DO NOT READ OTHER 05 SPECIFY: DK/NA 09 Finally, I'd like to ask you a few questions for statistical purposes, and then we'll be finished. 15. Regardless of how you may have voted in the past, what do you consider yourself - a Republican, Democrat, Independent, or what? REPUBLICAN 01 DEMOCRAT 02 INDEPENDENT 03 OTHER 04 SPECIFY: DK/NA 09 16. Thinking in political terms, would you describe yourself as liberal, moderate, or conservative on most issues? LIBERAL 01 MODERATE 02 CONSERVATIVE 03 DK/NA O9 17. Are you a homeowner or a renter? HOMEOWNER 01 RENTER 02 OTHER 03 18. How long have you been a resident of th~ area? (READ ALTERNATIVES) less than 1 year 01 1-5 years 02 5-10 years 03 more than 10 years 04 DK/NA 09 19. What is your zip code? WRITE ZIP CODE HERE 93301 01 93302 02 93303 03 93304 04 ~~~1~ 93305 05 93306 06 93307 07 93308 08 93309 10 93311 11 93312 12 93313 13 OTHER: 14 SPECIFY 10 20. What is your approximate age? (READ ALTERNATIVES) 18-24 25-34 02 35-44 03 45-54 04 55-64 05 65 or more 06 DO NOT READ DK/NA 09 21. What is the highest level of education that you have completed? (READ ALTERNATIVES) Less than high school 01 high school graduate 02 some college 03 business/technical school 04 college graduate 05 (4 year degree or more) DO NOT READ DK/NA 09 22. Which of the following best describes your racial or ethnic identification? (READ ALTERNATIVES) Caucasian 01 Black 02 Hispanic 03 Asian 04 DO NOT READ AMERICAN INDIAN 05 ARAB DECENT 06 DK/NA 09 (INTERVIEWER:- IF THE RESPONDENT DOES NOT FIT INTO THE CAUCASIAN, BLACK, HISPANIC, OR ASIAN CATEGORIES, WRITE THEIR RESPONSE ON THIS LINE: ) 11 23. I'm going to read a list of income categories. Please stop me when I've read a category that best describes your total household income. (READ ALTERNATIVES) Less than $15,000 01 $15,000 - $30,000 02 $30,000 - $45,000 03 $45,000 - $60,000 04 More than $60,000 05 DO NOT READ DK/NA 09 Thank you for your time and opinions. Your thoughts are very valuable and your cooperation is greatly appreciated. POST CODE: MALE 01 FEMALE 02 PRECINCT# INTERVIEWER COMMENTS: 12 AUGUST 1, 1990 TO: GREGORY J. KLIMKO, FINANCE DIRECTOR FROM: BILL DESCARY, TREASURER~~'~ SUBJECT: LOST INTEREST EARNINGS On July 27 we received from the State of California the Sales Tax payment that was due on July 12. Today, August 1, we received the Motor Vehicle License Fee payment that was due July 11 and the Cigarette Tax payment that was due July 16. The followi.ng table summarizes interest lost from these delinquent State payments. Amount Days Lost Interest Type of Payment Received Delinquent @ 8.50% Motor Vehicle License Fees $ 512,821 21 $2,543 Sales Tax 1,589,300 15 5,629 Cigarette Tax 34,726 16 131 TOTAL LOST INTEREST $8,303 krc BD0801901 July 27, 1990 TO: John Stinson, Assistant to the Ci~ Manager FROM: Sue Whitfield, Personnel Manager SUBJECT: Councilman Peterson's question regarding prescriptions In regard to your request yesterday for a response to Ken Peterson's question, I have been unable to reach Councilman Peterson at either his home or office numbers. However, I believe the question referred to the Budget and Finance Committee was, "Is there a requirement to use certain pharmacies to fill prescriptions?" Under the Blue Cross Plan employees are reimbursed for 80% of the cost of prescriptions after they reach the deductible. There is no restriction on the pharmacy to be used. Under the Health Net Plan, Health Net contracts with certain pharmacies and employees pay either $5.00 or $7.00 to fill their prescriptions. The pharmacies used in Bakersfield are: Longs Drug Stores Lee Pharmacies Thrifty Drug Stores Please note that Health Net no longer contracts with Health Mart Pharmacy. In addition, Health Net uses a number of participating pharmacies that are listed on the attachment. If a pharmacy is interested in contracting with Health Net they may contact: Robert Navarro Health Net Pharmacy Department P.O. Box 9103 Van Nuys, California 91409 I hope this information is helpful. Attach. SW/kef cc: J. Dale Hawley, City Manager MEMO/PHARMACIES HEALTH NET® PARTICIPATING PHARMACIES If your company has chosen to participate in the Prescription Drug Program, you and your eligible 'dependents can receive your prescription at any of these Health Net Participating Pharmacies. ARVIN KERNVILLE Bear Mountain Drug The Drug Store 519 Bear Mountain Blvd. (805) 854-5738 111 Piute Dr, (619) 376-2216 BAKERSFIELD LAKE ISABELLA Health-Mart Pharmacy Payless Drug #4217 2700 H. St, (805) 327-3574 5530 Lake Isabella Blvd. (619) 379-5629 Lee Pharmacies MOJAVE 3551 "Q" St. (805) 323-7006 Thrifty Drug Stores 2323 16th St, (805) 324-2545 16930 Highway #14 (805) 824-9186 1405 Niles St. (805) 327-9317 Longs Drug Stores RiDGECREST 4300 California Ave, (805) 326-1204 Sav-On Osco Drug 3500 Stine Rd, (805) 832.0200 1000 N. Norma St. (619) 446-6517 6249 East Niles St. (805) 366-7291 Thrifty Drug Stores 8200 $tockdale Hwy, (805) 832-0982 '100 N. China Lake Blvd. (619) 375.4701 5510 Stockdale Hwy, (805) 322-2045 4100 Ming Ave. (805) 834-1610 SHAFTER 1501 White Lane (805) 832.8685 Shafter Drug Store 2690 Mt. Vernon Ave. (805) 872-3821 301 Central Ave. (805) 746-4991 Thrifty Drug Stores TAFT 2900 Niles St. (805) 871-4521 2305 Brundage Ln, (805) 323-7011 Thrifty Drug Stores 1721 Golden State Ave. (805) 324.8974 1076 West Kern St, (805) 763-3134 6421 Ming Ave, (805) 832.2073 Safety Drug 2461 N. Chester Ave. (805) 393.2534 401 Center St. (805) 765-7161 2505 South H St. (805) 831-4571 TEHACHAPI CALIFORNIA CITY Gong's Pharmacy Cai City Pharmacy 201 S, Green St. (805) 822-4435 9350 N, Loop Dr. (619) 373-4612 Sav-Mor Drug DELANO 20329 Valley Blvd. (805) 822.6316 Thrifty Drug Stores WASCO 1816 Cecil Ave. (805) 725-1310 Thrifty Drug Stores 611 Cecil Ave, (805) 725-1312 2337 Highway 46 (805) 758-5303 NET' CalifOrnia's HMO Bakersfield Office 221 S, Montcfaif, Suite A Bakersfield, CA 93309 (805) 831.8449 H, TH NET® Ealijb~vcia's HMO July 27, 199'0 The City.of Bakersfield Ms. Sue whitfield 1501Truxtun Ave.. Bakersfield, California 93301 Dear Sue.: Per our conversation this afternoon," this letter is to confirm the following: 1. If a pharmacy'wants to contract Health Net regarding contracting, they need to contact: Health Net Pharmacy Department Mr. Robert Navarro P.O. Box 9103 Van Nuys, California. 91409 I have attached to this letter a listing of contracting Health Net pharmacies that are in the Bakersfield area. Sue, I am checking into the pharmacy situation that you inquired about on Health Mart. I should be able to have an answer for you by Monday morning and will call you or leave word with your secretary. As always, if I can be of further service, please do not hesitate to call. cerely, ay erie walker Marketing Representative Central Valley Regional Office; 5250 North ~m Avenue ..Suite 224 · Fresno, C.Affomia 93704 · (209) 449-0481 STN ~032 10/88 DRAFT /5/9o ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 5.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.32 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.32 MASSAGE ESTABLISH~RNTS Sections: 5.32.010 Definitions. 5.32.020 Permit required. 5.32.030 Application - Issuance - Fee. 5.32.040 Regulations. 5.32.050 Revocation. 5.32.060 Appeal. 5.32.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from 'the context, the words set out in this section shall have the following meanings: 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 the hand or any instrument. B. "Massage establishment"'means an establishment having a fixed place of business where.any body part engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on for a fee, profit or other compensation, massage, baths or other similar procedures. C. "Massage technician" means any person who administers to another person for a fee, profit or other compensation, massage, baths or other similar procedures. D. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 5.32.020 Permit required. A. Except as provided in subsection B., 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, without having first procured a 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, osteopaths or cosmetologists licensed in their respective professions 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 institution licensed by the State of California Department of Education' wherein the method, profession or work of massage is taught, performing under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor, osteopath or cosmetologist licensed in his or her respective profession by the State of California pursuant to the Code of Business and Professions. 3. A shiatsu therapist who has graduated from, and been granted a diploma by, a school of Shiatsu licensed by the Department of Education of the State of California. C. Subsection A. of this Section shall not apply to the following persons: - 2 - !. Physicians, nurses, physical therapists, chiropractors, osteopaths and cosmetologists, 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. Massage 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, performing under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor, osteopath or cosmetologist licensed in his or her respective profession by the State of California pursuant to the Code of Business and Professions. 3. Shiatsu therapists who have graduated from, and have been granted a diploma from a school of Shiatsu licensed by the Department of Education of the State of California. 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 signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, two previous addresses 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 reason therefor, and the arrest record 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 -- 3 -- 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: 1. That the application is truthful; 2. That neither the 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 ack involving dishonesty, fraud or deceit 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 twenty-one 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 not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application. C. All permits issued under this chapter shall remain in effect until December 31 of the calendar year of issue, unless earlier suspended or'revoked. - 4 - D. The applicant shall pay a fee not to exceed the cost of processing any such application as set forth in Section 3.70.040. 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. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons; a minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, massage, dressing and toilet facilities shall be provided for male and female patrons. E. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms, and all other physical facilities for the· establishment must be in good repair and maintained in a clean and sanitary condition; wet and dry heat rooms, steamrooms or vapor rooms, showers and toilets shall be thoroughly cleaned each day the business is in operation; bathtubs shall be thoroughly cleaned after each use. F. Clean and sanitary towels and linens shall be provided for each patron of the establishment; no common use of towels or linens shall be permitted. G. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or -- 5 -- detergent and hot and cold running water at sll times and shall be located within or as close as practicable to the area devoted to the performance of massage services. In addition, there shall be provided at each washbasin, sanitary towels placed in permanently installed dispensers. H. All employees of the massage establishment, and all persons performing massage shall be twenty-one years of age or older. I. No massage establishment shall operate 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. J. 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. K. 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. L. 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. M. 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 t° inspection by the city manager or his designee during business hours. Such records shall be maintained for a period of two years. N. No person holding a permit pursuant to this chapter shall permit 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. O. The permit holder for a massage establishment shall be present on the licensed premises at all times when the establishment is in operation. - 6 - P~. No person shall conduct or operate, or permit to be cor. ducted or operated, a massage establishment between the hours of ten p.m. and seven a.m. of the following day. Q. Any person holding a permit for a massage establishment shall, during business hours, be responsible for, arid provide, that the premises be readily accessible and open for inspection by law enforcement officers or other employees of the city who are charged with enforcement of health and safety or other laws of the city or state. R. 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. S. 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. T. 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. 5.32.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager whenever he finds: A. That misrepresentations were made on the application; or B. That the applicant 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; or C. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. - 7 - 5.32.060 ApDeal. A. Should any applicant be dissatisfied with the decision of the city manages or his designee not to grant a permit or for the revocation of a permit, then said applicant may make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. 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. ........... O00 - 8 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDER$ MAYOR of the City of Bakersfield APPROVED as to form: ARTRUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/me9 BUS-ORD\ MASSAGE.ORD 7/6/90 - 9 -