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Home My WebLink About24-Police Department I I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Brian Boom, Police Lieutenant Subject: Appeal Hearing regarding the denial for application for permit for Massage Parlor -"Mini-Day Spa"- Herlinda Montenegro MICC Meeting Date:November 19,2007 Dept: Police.Department Date: November 9, 2007 Synopsis of Previous Council Action: NONE Recommended Motion: That the hearing be closed; and that the Mayor and Common Council uphold the decision of the Chief of Police and adopt his letter of October 23, 2007, as its findings. and conclusion, based upon the back-up information submitted and any additional evidence presented at the hearing; OR That the hearing be closed; and that the Mayor and Common Council uphold the appeal of the applicant and reverse the decision of the Chief of Police; OR That the hearing be closed; and that the Mayor and Common Council uphold the appeal of the applicant in part and direct the City Attorney's Office to prepare findings and conclusions consistent with its decision, ~J~ Michael Billdt, Chief of Police Contact person: Rri=-n Rnnm ", iAllh~nAnt . PhnnA,Yf;R'R Supporting data attached: YES Ward: FUNDING REQUIREMENTS: Amount: -0- Source: (Acct. No.) (Ar-M n~Q,..rirtion) Finance: Council Notes: I I[iiJia N~\ J-Lj i I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Appeal Hearing regarding the denial for application for permit for Massage Parlor "Mini Day Spa" by Herlinda Montenegro. Background: On 09-28-07, applicant Herlinda Montenegro applied for a City of San Bernardino permit for Massage Parlor "Mini Day Spa" located at 1090 W. Highland Ave #4, San Bernardino. She was applying for the permit as the massage parlor owner of the business. . 10-8-07 the application was assigned to Vice Investigator Valdivia per S.B.M.C. 5.20.04O(a) which states in part" ...all such applications to the Chief of Police for appropriate investigations". The background investigation resulted in the following: . 2-13-01 Gardena Police Department arrested Montenegro for an ordinance violation but no ordinance or disposition was listed. . 10-8-07 Vice Investigator Valdivia telephoned Gardena Police Department and spoke with Rita Lopez who handles the City Permit Applications. Lopez related Montenegro was arrested on 2-13-01 for not having a massage technician permit. Lopez had photos from the arrest, which showed Montenegro with condoms and money. Lopez felt based on her experience that Montenegro was involved in prostitution. . 8-23-02 LAPD arrested Montenegro for Prostitution. . 10-10-07 Vice Investigator Valdivia telephoned LAPD Detective Gary Guevara. Guevara related Montenegro was arrested 8-23-02 for Prostitution and L.A.M.C. 103.205.1 Operating without a Massage Permit. Guevara related that when prostitutes are arrested for multiple charges. they will file the charge with more jail time and dismiss the other charges. In this case, the charge of Operating without a Permit was filed and Montenegro was convicted and received 36 months Probation. . 8-14-06 Montenegro applied at Upland for a massage parlor permit. I I . 10-8-07 Vice Investigator Valdivia telephoned Upland Police Dept. and spoke with Lisa Sanders who handles the Massage application permits. Sanders related that the permit was DENIED because Montenegro was arrested by LAPD and did not disclose that arrest on the Upland application. . S.B.M.C. 5.20.050 states that an applicant for a permit shall submit the following information: (j) "all convictions and grounds therefor;" (referring to the contents of the application). On the application that Herlinda Montenegro submitted she answered "no" to the question "have you ever been found guilty or pled guilty to a crime". On 8-23-02 she was convicted of a misdemeanor for operating without a massage permit in Los Angeles and sentenced to 36 months probation. Vice Investigator Valdivia conferred with Deputy City Attorney Jolena Grider about the conviction and untruthfulness of Herlinda Montenegro and she concurred that the DENIAL was appropriate. 10-23-07 Chief of Police Billdt submitted letters of "Denial" to City Clerk Rachel Clark and Herlinda Montenegro. 11-2-07 Herlinada Montenegro filed the City of San Bernardino Appeal Form. Montenegro states the reason for the appeal is "on the initial application @ the police dept. I signed a yes. Yet the officer told me that the offense that I described to him was Insignificant so I crossed the information out". There are two Issues with this reason: . First, the application is not completed at the Police Department so that conversation could not have occurred. . Second, the application does not show any answer to that question as being crossed out. It clearly shows a "NO" response. Herlinda Montenegro was untruthful on two City of San Bernardino forms. Herlinda Montenegro shows a pattern of prostitution, operating without a permit and untruthfulness. For these reasons the "DENIAL" by the Chief of Police should be upheld. . Financial Impact: None Recommendation: That the hearing be closed; and that the Mayor and Common Council uphold the decision of the Chief of Police and adopt his letter of October 23, 2007, as its II~_____M__ findings and conclusion, based upon the back-up information submitted and any additional evidence presented at the hearing; OR That the hearing be closed; and that the Mayor and Common Council uphold the appeal of the applicant and reverse the decision of the Chief of Police; OR That the hearing be closed; and that the Mayor and Common Council uphold the appeal of the applicant in part and direct the City Attorney's Office to prepare findings and conclusions consistent with its decision. Attachments: . Application for Business License or Permit-Herlinda Montenegro . Criminal History Record of Herlinda Montenegro . Denial letters by Chief Billdt . City of San Bernardino Appeal Forrn-Herlinda Montenegro ~ ~ CITY OF SAN BERNARDINO APPLICA nON FOR BUSINESS REGISTRA nON OR PERMIT ECKALL THAT APPLY) (FACE PAGE) OFFICE USE ONl Y POLICE DEPARTMENT D DjPe and Dance D'Massage Parlor D Games/Amusement D Live Entertainment D Poolroom D Theater D Armored Car D Guard Service D Det. Agenc y D Privale Patrol D Restaurant D ABC license D Parade Pennit (Location) D Other D Solicitation D City Mall D Burglar Alarm o Police App. o Police Reserve o Security Guard D Special Officer D School Employee D Taxi Driver D Ambulance Driver Date (D. No. PrinL'Pholo Fee: s s s Other Fee: TOlal Fees; Receipl :-10. D Weapon Pennit By: ,.., -' - . -.... - - -- - - -- - - -5-- - - ~:~~-- -. - - -- CITY ~ll ,,-. '--, , ~- Dale Submitted: ....c. :-. ~. -. -- o New SRen~wal Business Reg. Fee: ___..$ _ Invest. Fcc: :.. -:S. __A Total: \~ '.; Receipt No. f-"" By: length of Residmce in County City O{>oG "'No 0 Yes Have you ever used another name? If yes, please list the names IifflO 0 Yos PLEASE READ AND SIGN: I CERTIFY THAT ALLSr A TEMENTS IN THIS APPLICATION ARE TRUE, ACCURATE AND COMPLETE, AND ACKNOWLEDGE THAT FALSIFICATION OF ANY STATEMENT MAY RESULT IN THE CANCELLI. nON OF THIS APPLICA nON Signature: BusincssIPro(cS$ion Address Address >U;VISEO'JI'MI MAS Dale: (Business Recistration Applicants Only) Address Years Known rintcd for: IN47!23248 Fri N0V 09 12:59:44 2001 Message From Terminal/Unit: CLETS Operator: CLETS .te!Time Sent: 09-NOV-2007 12:55:54 4AXXI.IH ~QHY.CA0361000.22547862.SBPD BA DATE:20071109 TIME:12:55:54 R tICTED-DO NOT USE FOR EMPLOYMENT,LICENSING OR CERTIFICATION PURPOSES ~Tl :SBPD BARILICS ,OR BOOM III CALIFORNIA ONLY SOURCE RECORD :IIIA22547862 uOB/19550213 SEX!, RAC/HISPANIC 'JGT/505 WGT/130 EYE!BRO HAIIBRO POB!GT 'iAM/01 MONTENEGRO, HERLINDA 02 IBARRA,VARGAS CBII990817WB7 :DL!N9291689 ;OC/547275718 :DS!CTZ MX CC!COSMETICS SALES; COSMETIC SALES ~ * * * ~RR/DET/CITE: NAM:01 DOB:19550213 ,0010213 CAPO GARDENA 'NT: 01 LOCAL COM: COM: #6770336-108887 ORDINANCE VIDLATION PHOTO AVAILABLE ADR-021301 (10379, MILLS AVE, 8" MONTCLAIR, CA, 91763, ) SCN-41610440007 COM: * * * "ROT/CITE: 0020823 CAPO NAM:01 DOB:19550213 LA SEVENTY SEVEN NT:01 #7392392 647 (B) PC-DISORDERLY CONDUCT: PROST,ITUTION ARR BY:CAPD LA HARBOR DIV REC COM: ADR-082302 (3209, SAMANTHA", WEST COVINA, CA" COM: SCN-47622350016 ::JURT: NAM:01 J021113 CASC SAN PEDRO 'iT: 01 #2SP0175801 647(B) PC-DISORDERLY CONDUCT:PROSTITUTION ::JISPO:DISMISSED/,URTHERANCE OF JUSTICE IT: 02 SEE COMMENT FOR CHARGE JISPO:CONVICTED CONV STATUS:MISDEMEANOR SEN: IMP SEN SS 36 MO PROB, , $150 FINE $100 RSTN COM: CNT 02 CHRG-I03, 205, 1 MC ',021123 ,ISPO:DEFENDANT NDANT PLEAD NO CONTEST IC:CHRGS&DIRECT CONSEQUENCES 0, PLEA I ;DEFENDANT REPRESENTED BY COUNSEL I :RIGHT TO TRIAL BY JURY WAIVED-NO ISPO:PRIV AGNST COMPLSRY SLF INCRIM&WAIVE-NO ISPO:RIGHT CONFRONT&CROSS EXAM WIT&WAIVE-NO Page 1 rlnted ror: -lN41/~j~4~ DISDO:DEF COUNSEL CONCURRED DEFNDT PLEA/ADMISS Fri Nov 09 12:59:44 2007 20021123 DISPO:CRT FIND PLEA KNOWLDGE&INTELLIGNT&VOLUNT DISPO:CONVICTION CERT BY CLERK OF THE COURT eM: CONVICTION CERTIFIED BY JOHN A CLARKE, COURT . ADMINISTRATOR, CAMCSAN PEDRO M: DCN-T6032780I203I9000012 . * ic * ,PPLICANT: NAM:01 '0060814 CAPD UPLAND. :NT: 01 APPLICANT MASSAGE PARLOR/ESTAB COM: SCN-G8862260012 ATI-M226MOH012 * * * END OF MESSAGE * * * c c Page 2 II c POLICE DEPARTMENT MICHAEL A. BILLDT . CHIEF OF POUCE .. P.O. Box 1559. San Bernardino. CA 92402.] 559 909.384.5742 www.sbcily.org October 23, 2007 Rachael Clark, City Clerk RE: Herlinda Montenegro Mini Day Spa 1090 W Highland #4 San Bernardino CA 92405 Dear Ms. Clark; This is to inform you that Herlinda Montenegro applied for a permit as the owner of the massage parlor called Mini Day Spa, 1090 W Highland #4. I have denied the permit and sent her the C following letter. San Bernardino Municipal Code 5.20.040(A) requires an investigation by the police department. On 9/28/07, Herlinda Montenegro applied for a permit as the owner of the massage parlor called Mini Day Spa, 1090 W Highland #4. It was denied for the following reason(s): SBMC 5.20.050(j) states in part "all convictions. and the grounds therefor" {referring to the contents of the application). On the application that Herlinda Montenegro submitted on 9/28/07, she answered "no" to the question "have you ever been found guilty or pled guilty to any crime." On I 1113/02 she was convicted of a misdemeanor for operating. without a massage permit and was given 36 months probation. Very truly yours, ~~ Michael A. BiIldt Chief of Police c I ~F.AnF.RS IN SJi:TTJN~ TJ.IJ:' ~TA Nn.&. on nl<' 1?VI""C'1 , 10'''''1"''1] I I c' .' POLICE DEPARTMENT MICILlEL A. BILLDT. CHlU OF POlleE ,r ... P.O. Box 1559. San Bernardino. CA 92402.1559 909.384.5742 www.sbcily.org October 23, 2007 Herlinda Montenegro 9872 Columbine Ave Montclair Ca. 9] 763 RE: Mini Day Spa 1090 W Highland #4 San Bernardino CA 92405 Dear Ms. Montenegro; c San Bernardino Municipal Code 5.20.040(A) requires an investigation by the police department. On 10/23/07, your application for a permit as the owner of the massage parlor (Mini Day Spa) at 1090 W Highland #4 was denied for the following reason(s): SBMC 5.20.050(j) states in part "all convictions and the grounds therefor" (refening to the contents of the application). On tbe application that you submitted on 9/28/07, you answered. "no" to the queStion "have you ever been found guilty or pled guilty to any crime." On 11113/02 you were convicted of a misdemeanor for operating without a massage permit and was given 36 months probation. If you wish to appeal this decision, you may file a written request with the City Clerk's office directed to the Common Council. This appeal must be filed within fifteen (15) calendar days of the above date. V cry truly yours, ~/~ Michael A. Billdt Chief of Police c LIlADIlRS IN SETIINC TIlE STANDARD OF EXCELLENCE I~_.. .~ ~TY OF SAN BERNAffi.. .NO APPEAL FORM ..~ r"'\-;'j r \ :~ ~crCr'.T: I-L,ll ~ ..' .'.- II.\-VI..;f -... "".... n. ~.1 ~mt:."......."" L' . , ';It:l,:~tll : :'::1 ....... IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of Building Commissioners (BBC) and Animal Control Commission must be filed in the City Clerk's Office. "'O'J(riII'f '*"TE"';AI,l:n'r.(M-"S"B' .''lifL''O' "W"~ ;:.... ....-~......I,,~,.. _", ". -:1.~~-,..___~-,_"!!J:.:.:'..~~__:~.'...: -._~s~...:::~ >~.i.;;.:.:~:..<'~{:.~t~:~.'~~;;;~;;;~~ AppellaDt Name: o Address: Coatact Penon Name: , ~ss:. ~Phone: Evening Phone: Fax: E-mail: ~.?~ 1 Affected Property Address: j Assessor's Parcel Number (APN #): Whose Decision Arc You Appealing: Date of that Decision: ;/,<;.~;,l~W~f{)I:~~JiE~4:;~;II!ietfQ$~;~";;f!,;i~~Y;.~~:~::~~<:;",~;.~~;j*~#t%&~ OBoard of SaDdbag CommlssloDen - $75.00 ~ayor and CommoD CouDeD - $75.00* OflaDning Commission - Fee Adjusted AnDuaDy OAnimaJ CODtrol Commission - 575.00 OPoUce Commission - No Charge OOther: - No Ch....e *Note: Appeals to the Mayor IUId COD1DlOD COUDclJ caD only be from the PlaDDIDC CommlssloD aDd Police Commluloo. r '- City of San Bernardino - City Clerk's Office. 300 N. "D" Slrcct - SID Bernardino, CA 92418. (909) 384-5002 II -:;-. 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'-.-.. -'.;.>- ~~QI,~;_;__ _,.:~I~;~):;~r;:::;~:~S~;~~.~f7J:~f}]-,~;:~,~;~~~!~~/?~~;k}~:;::~::?~-:' {he action appealed: II ...1 '~J~ ..L o.fw~< ~'I1' -h,~ a -I- ......-h..J:.. ( c-A fu..WS'+ I. bI.r-5l! V1 I I, . Y\'A- {:o ~~ 3. The actlon(s) sougnt: CMA&5t:l1~l> )... ~ pa1:-1 G -r 1""'-11""'+ 'ir~~~ l- 4. Any additional infonnation: .~:~i;:.~/v:,.,..;,f~l~~~t~0:'r:!;b.i~l.m.('~.';..~.:~:7~~l~~,'~( c II Los Angeles Superior Court - Criminal Index ; . ~Il.1'ONUNE Index of Defendants in Criminal Cases (Help) _ Disclaimer: The Los Angeles Superior Court and the County of Los Angeles declare that information provided by and obtained from this site, Intended for use on a case-by-case basis, does not constitute the official record of the Court and cannot be used as evidence. Any user of the Information and data Is hereby advised that they are being provided "as-Is" without warranty of any kind, and that they may be subject to errors or omissions. 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Result of query on Wednesday, November 14, 2007 1:43:32 PM Last Name: Montenegro(Exact Match) First Name: Herlinda(Exact Match) (A Date of Birth was provided for this search) Name: MONTENEGRO, HERUNDA Case Number SBA1SB01818-02 Filing Date 03/15/2001 Filed At Torrance Courthouse Limited Jurisdiction Charge .. Disposition Count Code Charge Description Disposition Date 02 5.48.020 UNLW MASSAGE SER W/O TECH PRMT Guilty/Convicted 03/20/2001 (B)(l) GMC Name: MONTENEGRO, HERLINDA Case Number LAP2SP01758-01 Filing Date 08/27/2002 Filed At San Pedro Courthouse Limited Jurisdiction Charge .. Disposition Count Code Charge Description Disposition Date 01 647(B) PC DISORDER CONDUCT: PROSTITUTION Dismissed or Not 11/13/2002 Prosecuted 'hi+ft~.IJnTnrn' 11'll~nn""...;n......nn"'" n....n/nnli,.,""co",....",;,..pc/....,.;TrI1nOJll;nApv/n'JIrh'c.:-p!:Irt"'h !:lIC!nv Page 1 of2 $J~b7c ~ '~/l ~ 11/14/?()()7 II Los Angeles Superior Court - Criminal Index 02 103.205.1 OPT MESSAGE THERAPIST W/O UC LAM Guilty/Convicted 11/13/2002 Name: MONTENEGRO, HERUNDA Case Number CC6CU00228-01 Filing Date 02/13/1996 Filed At Culver City Courthouse Limited Jurisdiction Charge ** Disposition Count Code Charge Description Disposition Date 01 647(8) PC DISORDER CONDUCT: PROSffiUTIDN Dismissed or 04/22/1996 Not Prosecuted 02 602(L) PC TRESPASS:OCCUPY PROP W/O CONSN Dismissed per 06/04/1999 1203.4 P.C. LL.L.......__ 11_______ 1______ _~ ___ ___......... ___f___1~_ _____.:_ __1_--=__':_ _1':_ ..3___1_ _.............______'- _____ Page 2 of2 '1 '1 A#'''^^''''