HomeMy WebLinkAbout29-Police Department OF
ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Brian Boom, Police Lieutenant Subject:
Appeal Hearing regarding the denial
Dept: Police Department for application for permit for
Massage Parlor -"Mini-Day Spa"-
Date: November 9, 2007 Herlinda Montenegro
M/CC Meeting Date:November 19,2007
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.
Michael Billdt, Chief of Police
Contact person: Brian Bnnm, 1 ientenant Phone- XSR26
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: 10,
Source: (Acct. No.)
(Acct riT tion)
Finance:
Council Notes:
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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.
5.20.040(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.
• 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: 0) "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 a@ 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
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 Form---Herlinda Montenegro
H DI CITY OF SAN BERNARMNO
APPLICATION FOR BUSINESS REGISTRATION OR PERMIT OFFICE USE ONLY
(CHECK ALL THAT APPLY) (FACE PAGE) POLICE DEPARTMENT
❑ L�Pe and Dance ❑Theater ❑ Solicitation ❑ Special Officer Date
j;kMassage Parlor ❑ Armored Car ❑ City Mall ❑ School Employee I.D.No.
❑ Games/Amusement ❑ Guard Service ❑ Burglar Alarm ❑Taxi Driver Print/Photo Fee: S
❑ Live Entertainment ❑ Det. Agency ❑ Police App. ❑ Ambulance Driver Other Fee: S
❑Poolroom ❑ Private Patrol ❑ Police Reserve ❑ V ley College Total Fees: S
❑ Restaurant ❑ABC License ❑ Security Guard 400M Receipt No.
❑ Parade Permit(Location) ❑ Weapon Permit By:
❑ Other --, t-.----------
CITY MLL!�>
GENERAL INFORMATION (Type or print in ink Date Submitted:
c
Name =
a hone ❑New b Renewal
Address
Ho -� J Business Reg. Fee:Horne _
D Ciry Zip Invest.Fee: _
" 9056 Total: c
Occ.)ati n Employer r
Receipt No.
Work Address J Zip Phone
?e YO ?Dq ?" � —Cj By:
Date of Birth Place of Birth Are��'ou a U.S.Citizen? Length of Residence in
U �`� ;Zs O No County City
Sex Age Height Weight Color of eyes Color of Hair Co lexion Nationality 1
Driver's License No. State Social Security No. Scars,Marks,Tattoos
Next of Kin Relationship Address
Have you ever been found guilty or plead guilty to any crime? Rr No ❑Yes (if yes explain • Exclude Minor Traffic offenses)
Have you ever used another name? If yes,please list the names
9<c ❑Yes
PLEASE READ AND SIGN:
I CERTIFY THAT ALL,STATEMENTS IN THIS APPLICATION ARE TRUE,ACCURATE AND COMPLETE,AND ACKNOWLEDGE
THAT FALSIFICATION OF ANY STATEMENT MAY RESULT IN THE CANCELLATION OF THIS APPLICATION
Signature:
Date: a �
REFERENCES (Business Registration Applicants Only)
Name Address Phone
Business/ProfesVon Address Phone Years Known
n
Name
-,. Address Phone
Business/Profession Address j Phone Years Known
Name V/74,/]t ' •/ Phone U�1� /1 offJ�. Ads%`�2 10
Busint:ss/Profession Address Phone Years Known
REVISED 02/9/01 MAS
Los Angeles Superior Court - Criminal Index Page 1 of 2
.A CouRTONLINE
Index of Defendants in Criminal Cases �+
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
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the information provided.
The following list might contain records of different people of the same name, and it may
not contain records of the person for whom you are searching.
Information marked with an asterisk (*) is not available or is not being captured electronically.
Information marked with a double asterisk (** ) is in an abbreviated format. Please consult the
appropriate statute for a full and accurate description of the charge code.
Result of query on Wednesday, November 14, 2007 1:43:32 PM
Last Name: Monte neg ro(Exact Match)
First Name: Herlinda(Exact Match)
(A Date of Birth was provided for this search)
Print this page
Name: MONTENEGRO , HERLINDA
Case Number SBAlSBO1818-02 Filed At Torrance Courthouse
Filing Date 03/15/2001 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)(1)
GMC
Name: MONTENEGRO , HERLINDA
Case Number LAP2SP01758-01 Filed At San Pedro Courthouse
Filing Date 08/27/2002 Limited Jurisdiction
Charge Disposition
Count Code Charge Description Disposition Date
01 647(B) PC DISORDER CONDUCT:PROSTITUTION Dismissed or Not 11/13/2002
Prosecuted
/ M
y
1.ttr�c•//ww�x lommarinrrnnrt nrcr/nnlinocary irac/rriminnli nil av/nnrtvcanrrh ncnv 1 1/1 1/7()()7
Los Angeles Superior Court - Criminal Index Page 2 of 2
02 103.205.1 OPT MESSAGE THERAPIST W/O LIC Guilty/Convicted 11/13/2002
LAM
Name: MONTENEGRO , HERLINDA
Case Number CC6C000228-01 Filed At Culver City Courthouse
Filing Date 02/13/1996 Limited Jurisdiction
Charge Disposition
Count Code Charge Description* Disposition Date
01 647(6) PC DISORDER CONDUCT:PROSTITUTION Dismissed or 04/22/1996
Not
Prosecuted
02 602(L) PC TRESPASS:O00UPY PROP W/O CONSN Dismissed per 06/04/1999
1203.4 P.C.
Print this page
11 i1 ni')nn'7
POLICE DEPARTMENT
`�✓." MICHAEL A.BILLDT-CNIEF OF POLICE
i�
P.O. Box 1559•San Bernardino•CA 92402-1559
San Bernar IDO 909.384.5742
SM www.sbcity.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
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 5.20.0500) 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 11/13/02 she was convicted of a misdemeanor for operating without a massage permit and
was given 36 months probation.
Very truly yours,
ca,kjA Azt '
Michael A. Billdt
Chief of Police
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an Bernar 10 909.394.5742
www.sbcity.org
October 23, 2007
Herlinda Montenegro
9872 Columbine Ave
Montclair Ca. 91763
RE: Mini Day Spa
1090 W Highland#4
San Bernardino CA 92405
Dear Ms. Montenegro;
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 5.20.0500) states in part "all convictions and the grounds therefor" (referring to the
contents of the application). On the 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 1 1/13/02
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.
Very truly yours,
Michael A. Billdt
Chief of Police
T.RADRRR IN SRTTIN[-TUR STANnARn[1R F.Y['R1.i.R.N(`R
ATY OF SAN BERNARD _;NO
APPEAL FORM
Office Use Onlv Date 'imetStainp
Copies Distributed To: L = t -
[11 City Attorney ❑City Manager
Date:
II1rIPORTANT 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.
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Ap elp lant --
Address:
Contact Person
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Address: , a
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Affected Property Address: j C .
Assessor's Parcel Number(APN ft Q _ 96119"i AD Ph
Whose Decision Are You Appealing:
Date of that Decision: --6
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❑Board of Building Commissioners—$75.00 ElAnimal Control Commission - $75.00
�ayor and Common Council-$75.00* []Police Commission —No Charge
❑Planning Commission —Fee Adjusted Annually ❑Other: -No Charge
*Note: Appeals to the Mayor and Common Council can only be from the Planning Commission and Police Commission.
City of San Bernardino-City Clerk's Office-300 N."D"Street-San Bernardino,CA 92418-(909)384-5002
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IOFFICE OF THE CITY CLERK
RACHEL G.CLARK,C.M.C.-Crry CLERK
300 North"D"Street•San Bernardino•CA 92418-0001
909.384.5002•Fax: 909.384.5158
www.sbcity.org
San Bernar ino
SM
November 26, 2007
Ms. Herlinda Montenegro
9872 Columbine Avenue
Montclair, CA 91763
Dear Ms. Montenegro:
At the meeting of the Mayor and Common Council held on November 19, 2007, the following
action was taken relative to the appeal hearing regarding the denial for application for a permit
for a massage parlor (Mini Day Spa) located at 1090 W. Highland Avenue #4, San Bernardino:
That the matter be continued to December 3, 2007, at 4 p.m.
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely,
Rachel G. Clark
City Clerk
RGC:Ils
pc: Brian Boom, Police Lieutenant
Crry OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty
o -- - o
U
ED Ity
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
s _
!µ
>y JAMES F. PENMAN 5
CITY ATTORNEY
E k
c-a
November 20, 2007
Herlinda Montenegro
9872 Columbine Ave.
Montclair, CA 91763
Re: Appeal of Business Registration Permit
Dear Ms. Montenegro:
Pursuant to your request, your appeal hearing has been continued from November 19,
2007 to Monday, December 3, 2007 at 4:00 p.m. in order for you to obtain a translator to attend
the hearing with you.
Very truly yours,
JAMES F. PENMAN, City Attgmey
Ri hard D. Luczak
Deputy City Attorney
cc: Rachel Clark, City Clerk
Lt. Boom - San Bernardino Police Department
4
300 NORTH "D" STREET • SAN BERNARDINO, CA 92418-0001 • (909) 384-5355 • FAX (909) 384-5238
OFFICE OF THE CITY CLERK
RACHEL G.CLARK,C.M.C.-Crry CLERK
300 North"D"Street•San Bernardino•CA 92418-0001
909.384.5002•Fax: 909.384.5158
San Bernar ino www.sbcity.org
SM
December 4, 2007
Ms. Herlinda Montenegro
9872 Columbine Avenue
Montclair, CA 91763
Dear Ms. Montenegro:
At the meeting of the Mayor and Common Council held on December 3, 2007, the following
action was taken relative to the appeal hearing regarding the denial for application for a permit
for a massage parlor (Mini Day Spa) located at 1090 W. Highland Avenue #4, San Bernardino:
The hearing was closed; and the Mayor and Common Council upheld the decision
of the Chief of Police and adopted 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.
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely,
Rac el G. Clark
City Clerk
RGC:Ils
pc: Brian Boom, Police Lieutenant
CrrY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty