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Home My WebLink About27-City Clerk CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Clerk Subject: Appeal of the City Clerk's denial of an application submitted by Xia Yu for a permit to operate as a massage technician. From: Rachel Clark, City Clerk Date: November 22, 2010 MICC Meeting Date: 12/20/10 Synopsis of Previous Council Action: None Recommended Motion: Motion #1 - That the hearing be closed, and that the Mayor and Common Council uphold the City Clerk's denial of Xia Yu's application for a permit to operate as a massage technician. OR Motion #2 - That the hearing be closed, and that the Mayor and Common Council grant the appeal of Xia Yu's application for a permit to operate as a massage technician. Q {,-J~ /~ ~JJ\J '-- Signature Contact person: Cindy RllechtAr Pl1one.~?nn Supporting data attached: Yes Ward: First Ward FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (ACCt np~r.ription) Finance: Council Notes: Agenda Item No. d}7 I;;J. -:?-/J c3tJ I () CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Appeal ofthe City Clerk's denial of an application submitted by Xia Yu for a permit to operate as a massage technician. Backl!round: On September 1, 2009 the State Legislature enacted Senate Bill No. 731 regulating the massage therapist industry. This bill provides for the certification of massage practitioners and massage therapists by the Massage Therapy Organization. The bill "prohibits a city, county, or city and county from enacting certain ordinances regulating the practice of massage by a certificate holder. . ." San Bernardino Municipal Code (SBMC) 5.20 governs massage parlors and technicians and has not been amended to include reference to this new State law. The City Attorney's Office has verbally instructed the department that anyone holding a State Certification for massage therapist would not be subject to a background investigation by the Police Dept, but any applicant not holding such certification will continue to be governed by Municipal Code Section 5.20 and the following provisions: SBMC 5.20.040(A) states, "Any person desiring to obtain a permit to operate a massage parlor or to perform massage services shall make written application to the City Clerk, who shall refer all such applications to the Chief of Police for appropriate investigations. Also, SBMC 5.20.050(D) requires, in part that at least three residents of San Bernardino County recommend the applicant is a person of good moral character. SBMC 5.20.050(L) states in part, ".. .Applicant must furnish a diploma or certificate of graduation from a recognized schooL.. which school requires a resident course of study of not less than six hundred hours to be given in not less than six calendar months before the student shall be furnished with a diploma or certificate of graduation..." Chronolol!V of Processinl! of Application for Xia Yu September 15,2010 -The City Clerk's Office received a background application from Xia Yu for a permit to operate as a massage technician at Top One Health Care located at 416 N. "H" St. #9 along with the non-refundable investigation fee of $293. The application contained all the information required by the Code. The applicant, Xia Yu, does not hold a State certificate. September 22,2010 - The City Clerk's Office forwarded the application to the Police Department for the required investigation. 1 October 28.2010- The City Clerk's Office received the report of the Police Department's investigation and recommendation for denial. November 3. 2010 - The City Clerk mailed a letter of denial to Xia Yu with instructions for appeal. November 9. 2010 - Letter requesting appeal received by the City Clerk's Office. Phone call made to applicant that appeal request must include the grounds for appeal and the action sought. November 15. 2010 - Additional information received from applicant. Copies ofthe original application, police department's investigation report, and the appeal request are attached for your review. Financial Impact: None Recommendation: Motion #1 - That the hearing be closed, and that the Mayor and Common Council uphold the City Clerk's denial of Xi a Yu's application for a permit to operate as a massage technician. OR Motion #2 - That the hearing be closed, and that the Mayor and Common Council grant the appeal of Xi a Yu's application for a permit to operate as a massage technician. 2 '. CITY OF SAN BERNARDINO APPEAL FORM ~4"fice Use Onlv pies Distributed.....Jl: AI City Attorney ~ 5ity Manager 'Date: 1/- / ~- / C/ , DatelTime Stamp: 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. . Appellant Name: Address: IX/'~ y~ 'r>> ~~~r/ eJ ;1t;~. {l4 t'/f'd3 Contact Person Name: " ddress: ~ e- /l:/./~:. t::y,/' e-c~ .......ay Phone: Evening Phone: Fax: E-mail: Affected Property Address: Assessor's Parcel Number (APN #): 5e---6 /l/~ur~e b Whose Decision Are You Appealing: Date of that Decision: ~Board of Building Commissioners - $75.00 Mayor and Common Council- $75.00* Planning Commission - Fee Adjusted Annually DAnimal Control Commission - $75.00 DPolice Commission - No Charge DOther: - No Charge *Note: Appeals to the Mayor and Common Council can only be from the Planning Commission and Police Commission. City or San Bernardino - City Clerk's Office - 300 N. "D" Street - San Bernardino, CA 92418 - (909) 384-5002 M' .... -f(. V"1 lAllt ()lfo')) l&4 - s-~~ . C{).xlife-1: C,b)1Jlr l i"J.-bJ L' I -'2..1.(0 . Kia Yu 820 S. Olive Ave. Alhambra, CA 91803 November 1l~ 2010 Regina Business Registration City of San Bemardiuo 300 North Cl'I)" St. San Bernardino, CA 92418 t.......) = = C"~. CJf" . Dear Regina: o .. C') Greetings, pet YOUl'tequest., I'm supplementing my appear of ~edenial of my application ":~ , formassageteclmician wi'thtbis letter to inform you of the following basis for appeal: --. 1. All three of IllY references are valid and are willing to testify upon request. 2. To the best of my loJowledge, I have never worked at 650 S. "En St. in the City of San Bernardino. 3. I was able to complete the 600 Hours Massage Technician Course at Oriental Medicine Institute in America in. a rotal of 75 school days, attending school 8 hours a day. The a1tendancerecords are available per your request. Please promptly process my appeal. Thank you for your time. Regards, ~ 1 nn .~ ~~ 7.~:OI Nn~ 01 n7.-Cl-AON \iED--Cl-ry CL_L;\ Xia Yu 820 S. Olive Ave. Alhambra, CA 91803 2010 t~OV -9 Pi"1 2: 31 November 8, 2010 Rachel G. Clark Office of the City Clerk City of San Bernardino 300 North "D" St. San Bernardino, CA 92418 Dear Rachel: Greetings, I'm writing this letter to inform you that I wish to file an appeal to your decision to deny my application for massage technician in the City of San Bernardino. Please notify me once the time and date of the appeal has been set. Please also find attached to this letter a check for $75.00 to pay the appeal fee. Thank you for your time. ~r:,~ Xia Yu OFFICE OF THE CITY CLERK RACHEL G. CLARK - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002 · Fax: 909.384.5158 www.sbcity.org November 3, 2010 Xia Yu 820 S. Olive Ave. Alhambra, CA 91803 RE: Top One Health Care - 416 N. "H" St., #9 Dear Ms. Yu: This letter is to inform you that your application for a permit to operate as a massage technician at 416 N. "H" St., #9 is hereby denied. Pursuant to Section5.20.040A of the San Bernardino MuniciparCode; your application was referred to the Police Departrhent for.anappropriate investigation. The Police Department has completed their investigation and has provided me with the following information that has led to my decision that your application be denied. San Bernardino Municipal Code Section 5.20.050D requires, in part, at least three residents of San Bernardino County recommend the applicant is a person of good moral character. Of two phone interviews conducted, one subject did not know you, could not remember the letter he had apparently written on your behalf, and could not vouch for your moral character. This code section also requires the references to be residents of San Bernardino County, which this subject was not. Therefore it is believed that you falsified your application by submitting referral letters from people you do not know. Additionally, upon contacting one of your references, he stated that you had worked as a massage technician within the last two years at a massage parlor located at 650 S. "E" Street in the City of San Bernardino. You failed to list this record on your application. In addition, you never had a permit or business registration through the City and therefore, practiced as a massage technician in violation of 5.20.020A. San Bernardino Municipal Code Section 5.20.050L states in part, "Applicant must furnish a diploma or certificate of graduation from a recognized school.. .which requires a resident course of study of not less than six hundred hours not to be given in not less than six calendar months..." Your application indicated you attended Oriental Medicine CIT\' OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity · Accountability · Respect for Human Dignity · Honesty Institute in America from March 28, 2003 to June 25,2003 and was issued the diploma on June 25, 2003; less than three months for six hundred hours of instruction, not in six calendar months as required. For the foregoing reasons, I have denied your application. If you wish to appeal this decision, you may file a written request to the Common Council, stating the reasons why the permit should be granted. If you decide to file an appeal, your appeal request must be received by the City Clerk's Office no later than 5:30 p.m. on November 18,2010 and the $75 appeal fee must be paid at the time the appeal request is filed. If you have any questions, please contact our office at (909) 384-5002. Sincerely ~~ .J1. CLw--k- Rachel G. Clark, CMC City Clerk Cc: Business Registration Division Received From: X>a., r ~TIE ,iate: ~ )t)~j) q....",. ,-.r,.-... u-. T nc ~ '':;::'' ;)~H,:- "'. ! ~?e~ \J. ll'l'awer: i D.t\.e; L!lo./10 V.1l::J!i.~l'3~ ~57iQ" .''''' M-' :''\.-, Curi~ - -' .~... .~ '"t rlL:2'w i;irn.ili . 1 . $75. 00 lraJ&QQtilbe~: 58~r643 elI', Iilm\ ,S'lrioi' .0 - U:; CHl:CK - 11e: $75.0'ti CITY OF SAN BERNARDINO MISCELLANEOUS CASH RECEIPT Date: /1-/5=-IP lli15/~~ Ti fie ~ 14:3E~5B For: - The Sum of - ACCOUNT NO. r; /-0.11- 641J/) Total ... ~ I ~ :: ~ i & . - ~ e ii =< ~ m ::0 ~ :g M ~ ", =! . S $ ~ ~ . ...., -.,-., ~ Oon;' ~ ;:gza ~ ';::i~ ;- ~ ~ Q~ .. :::i-,...... ~""$ ~. ::: ~3t..... ..... .... ~ .... \'Sl .... .... N o SRii' =< ;1; ""$ J:) .... ", ~ ::0 .... ;:.0:: g ~ ~ .... Eq f:'j ~ ~~! ~....,.... ~ i ~-e:' '*111 ~~ C'"':l :::rg S :::::~...o ~Q::"" ; ~j ~ ~tI:I ~"' ::a....,::al I'D"C zE!f ~~ rn..... ~... ~iS '*R!;; ~~ii ~ ~ @j! ~ . i ~: a5 ... .. iP: ~~~ -. 5JI ~ U'I f:{J a.. iiECEiVEO'-CiTY CL.:., POLICE DEPARTMENT KEITH L. KILMER - CHIEF OF POLICE ZOfllNOV -2 f>!li tn~tlt559 · San Bernardino · CA 92402-1559 909-384-5742 www.sbcity.org 8M October 28, 2010 Rachel Clark, City Clerk 300 North "D" Street San Bernardino, CA 92418 RE: Xia Yu DBA/Top One Health Care 416 N "H" Street, #9 San Bernardino, CA 92401 Dear Ms. Clark: San Bernardino Municipal Code 5.20 requires an investigation by the police department for the purposes of obtaining a massage technician pern1it. On September 27, 2010, an application was received for a Massage Technician permit under the applicant name of Xia Yu. After completing an investigation, we are recommending denial for the following reason(s): . SBMC 5.20.050(d) requires, in part, statements from at least three residents of San Bernardino County indicating the applicant is a person of good moral character. Of two phone interviews conducted, one subject did not know the applicant, could not remember the letter he had apparently written on her behalf, and could not vouch for her moral character. This Municipal Code section also requires the references be residents of San Bernardino County, which this subject was not. . SBMC 5.20.070(a) states, in part, "Upon payment of all fees, submitting of all information required by application, and upon proper inspection, a permit shall be granted, if all requirements of all departments concerned as well as those described herein are met, and unless it appears that any such applicant has deliberately falsified the application, or the record of such application reveals a conviction or a felony or a crime of moral turpitude." As a result of the investigation, it is believed Xia Yu did, in fact, falsify the application due to the fact that one of her references did not know who she was. Yu did not meet the Municipal Code's minimum requirements. . Incomplete work history on the application. Upon contacting one of the applicant's references, he stated Yu had worked as a massage technician within the last two years at LEADERS IN SETTING THE STANDARD OF EXCELLENCE Rachel Clark, City Clerk Page 2 October 28, 20 10 . a massage parlor located at 650 S. "E" Street in the City of San Bernardino. The applicant failed to list this record on her application. Additionally, the applicant has never had a permit or business license through the City and therefore, has practiced as a massage technician in violation of 5.20.020(A). . 5MBC 5.20.050(L) states in part, "Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession or work of massage technician or therapist is taught." Additionally, it states in part, "which school requires a resident course of study of not less than six hundred hours not to be given in not less than six calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such study or learning." The applicant attended Oriental Medicine Institute in America from March 28, 2003 to June 25, 2003 and was issued the diploma on June 25, 2003; less than three months for six hundred hours of instruction, not in six calendar months as required. Many attempts were made to contact the applicant via telephone. Messages were left over a nine-day period and no returned calls or messages were received. Failure to respond to the phone calls, along with the reasons outlined above, has led to the recommendation for denial of this business permit. Very truly yours, /L Keith L. Kilmer Chief of Police /jv/ss -' CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE , " ,u, ,) './ DATE: September 22, 2010 TO: Susan Tuxen, PoliceNice Department SUBJECT: XIA YU DBA TOP ONE HEALTH CARE 416 N H STREET #9 SAN BERNARDINO CA 92401 "'-> = = - .. f'; a (';, C'j n-l - . c::::: N i; t 0,) c) , c' -n -' -.,. -~ -. --, S-? (-) FROM: Regina Guerrero, Business Registration MASSAGE PARLOR C"! ------------------------------------------------------------------------------------------------------------ We have received the subject application for processing this date. Please return this memo with your recommendations as outlined in the City of San Bernardino Municipal Code, Chapter 5.20, as soon as possible. RACHEL CLARK-CITY CLERK By: Regina Guerrero I, ~ '1\-\ L.. K..\ LN\ 'f'R... , Chief of Police of the City of San Bernardino, have heretofore made a thorough investigation. I recommend that said application be 1) eN \ \?t> (granted, granted w/conditions as attached, (denied} grounds attached) to- ~1' UI~ Date recommended ~ K:~>L ~'1 ldfL Chief of Police City of San Bernardino CITY OF SAN BERNARDINO APPLICA TION FOR BUSINESS REGISTRATION OR PERMIT '~CK ALL THAT APPLY) (FACE PAGE) ~ ~lve Entertainment /Dine and Dance o Carnival o Massage Parlor ~Massage Tech. o Restaurant o Other o Peddler/Solicitor (Chapter 5.19 SBMC) D Theater o Poolroom o Games/Amusement o Circus OFFICE USE ONLY CITY HALL Date Submitted: q J 8, J 10 Account No. q~ ~New 0 Renewal Invest. Fee: $J(q_~"" ISZ. -$ iNs. - Receipt No. GENERAL INFORMATION By: Name \A 01...<'1 e v-C . IVlI]Jl.!t Employer SHoU L.j) Fre. DNo ~L'b-p J)c l'7IA c.: (;) Have you ever used another name? 'No Yes PLEASE READ AND SIGN: I CERTIFY THAT ALL STATEMENTS IN THIS APPLICATION ARE TRUE, ACCURATE AND COMPLETE, AND ACKNOWLEDGE TOA T FALSIFICATION OF ANY STATEMENT MAY RESULT IN THE CANCELLATION OF THIS APPLICATION Signature: >< ... ~fi Date: '7/, /(0, ( REFERENCES (Business Registration Applicants Only) Address 2-b3 b $, Qu Phone Name ~ l. ~ [Ct.,.,) 9t(1)-O Years Known l YZ 'lIZ' ~.. "I : 1'JaIT ~f Applicant BUSINESS REGISTRATlONIPERMIT SUPPLEMENT 2. Type of Business or Permit - "1:- 4. Business Address CA- ~b 9. fBusiness Individual Non-Profit 10. I plan to stan Business on (Date) ",-p(),,, 6MMfrlolG Lfc1l~ I will be operating (Days of the Week) Between the hours of \1:>:'00 A. ~ and ~ '.Of) feJ\i . Manager/Supervisor Name: _1>)( ~ II. Have you ever had a Business License or Registration revoked, suspended or cancelled for any reason? If yes, please explain: (Use additional pages if necessary) 13. Live EntertaiDment Applications Only: Detailed Description of the Enter1aimnent: Location of Entertainment How many people will be enpp in the entertainment? - 1. JlerlSolidtor Applicuts Only: General description of the type of merchandise or ICI'vice applicant proposes to peddle/solicit: Admission Fee S ~I\I Address 3. From To Address I C....C'y that tbe above informatioa b true aad cornet. Signed: - - IOVCItiplcd by Date ~. ~\1R\:'u.- 5::FoS'6 10 f\ 10 REVlSEDOIIOfilll9MO OJI'PICl: USJ: ONLY If Corporation, attach a list of all officers, directors and ma ori stOckholders. .t 17"\",, C A- 'vtJ '?;" ~t::- \:: 1ft. B"- / LZ= C . o Yes R.:!. No Yes No Zip or I /')J)S Phone No.. 'b-L, Supervisor I RecolDDlmd this RcgistrationIPermit be 0 Granted . .IXJ Denied Business Name: Business Location: Parcel No.: Type of Business: Description: Business Located In: Vacancy Over 1 yr.: DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION 300 North "D" Street 0 San Bernardino 0 CA 92418-0001 Building & Safety Division 909.384-5071 0 Fax: 909.384.5080 Planning Division 909.384-50570 Fax: 909.384.5080 Public Works/Engineering 909.384-51110 Fax: 909.384.5155 www.sbcity.org 8M ZONING VERIFICATION REVIEW Activity No.: ZVIO-1967 XIA YU 416 N H ST SB , Suite:9 0134-092-24-0000 Status: ISSUED Date: 09/01/2010 Barber/BeautyINail Shop MASSAGE TECHNICIAN AT EXISTING ACUPUNCTURE MASSAGE N Single-tenant space Y Multi-tenant space N Length of Vacancy: Change of Ownership wINo Change of Use: N Length of Current Use: Applicant: Agent: Y Previous Legal Use: Land Use District: Related Case No.: Fees Paid: Issued By: Expiration Date: XIA YU Property Owner? N or Authorized EXISTING ACCUPUNCTURE MASSAGE CLINIC CR-2 $39.74 LB 10/31/2010 *********************************************************************************************** Cond: ZVl PERMITTED - A Business Registration Certificate may be issued. *********************************************************************************************** LEB 09/01/2010 XIA YU WILL BE A REGISTERED MASSAGE TECHNICIAN WITH AN EXISTING ACCUPUNCTURE MASSAGE CLINIC. TECHNICIAN SHALL HAVE AND MAINTAIN A STATE RECOGNISED LICENSE FOR MASSAGE. Friday, August 27,2010 City Clerk 300 N. 0 Street San Bernardino, CA 92418 Ref: Character Reference for Xia Y u, 820 S Olive Ave, Alhambra CA 91803 Xia Yu is a trained massage therapist and successfully completed 600 hours (required) from Oriental Medicine Institute in America, approved and listed by CA Bureau of Private Post Secondary Education. She is known to me and holds good moral character. For any verification, you can contact me as below. f' Godwin Onyeabor 2636 S Quaker Ridge PI Ontario, CA 91761 Tel: 909-486-6144 I'()~~/) To Whom it May be Concern Character Reference: Xia Yu. 820 S Olive Ave. Alhambra CA 91803 Hello, my name is Michael, I am a residence of San Bernardino County. This letter is for Xia Yu in reference to her new business application in the City of San Bernardino. To the best of my knowledge Xia is an organized, efficient, extremely competent, and has an excellent rapport with people of all ages. She posses good moral character. I hope you will give serious consideration and allow her to operate her business "The American Dream". Please feel free to contact me if you have any questions about this tter. . hael Duran 7341 Andress Ct Fontana, CA 92336 Tel: 909-997-9965 '6/ f f/LClI tJ August 26, 2010 San Bernardino, City Clerk 300 N. "0" Street" 2nd Floor San Bernardino, CA 92418 Ref: Character Reference for Xia Yu, 820 S Olive Ave, Alhambra CA 91803 Dear Rachel Clark, Miss Xia Yu is applying to open a new business in the City of San Bernardino. This business will increase revenue for the City and occupy a suite # 9 at 416 North H St, San Bernardino, 92410. This occupancy will improve vacancy factor at the location as well. She is a good person with excellent moral character; I wish her all the best at her new venture. Should your need to contact me, please call me during business hours. ,~~ Jt:;~:opeza 926 W Mirada Rd San Bernardino, CA 92410 Tell: 951-990-0635 Oriental Medicine Institute in America 701 W. Valley Blvd., #77 Alhambra, CA 91803 Tel: (626)281-8640 Student Record Student Name: x I A YU Sex: F Date of Birth: 08 103 I 62 School: Mas~age (ill) Speciality: Massage Period of Study: 600 Hours Career Training Course Instructional Hours Grade Time 30 G 101 Human Anatomy and Physiology 120 c; 0 G 102 Pathology 120 4 140 G 103 Massage Therapy and Bodywork 100 4 0 G 104 Professional Standards I 90 I 5 J - . Average Grade: 4.5 Date entered 03 / 28 / 0 3 Date graduated 06 / 25 / 0 )Summary of attendance 1 00% The grade is recmdcd with 5 ambic numbers; 5 (excellent), 4 (good), 3 (fair), 2 (UDSlIIisfaclorY), 1 (failure), while the impression, "pass" and ''fail''. .-.. .-.------ ..---..--.--..-.-- /- f "'" "'--f tJf'" 21 I hrA Lingyun Zhu, O.M.D. . >. \{flA~ _~.~ !-u.Ie;.' /. . . .' - 7' I Z:>vt/l'r president of OMIA This~l&yof~.QL X'~~1o School D~wil - Bureau tor Private Postsecondary Education https://app.dca.ca.gov/bppe/view-school.asp?schlcode= 193 7451 Department of Consumer Affairs Bureau/or Private Postsecondary Education School Detail """.,'",>'....>>.",.>.",..,..",>,>.,,>,>'>,.,'>.....",.,.....".........,.,.,.,...........,..".,.,>."..............,.",.".,..",...".,"",.,' >, """>"."..,.".",, Institution Data Updated:8/23/201 0 School Name: ORIENTAL MEDICINE INSTITUTE IN AMERICA School Code: 1937451 Mailing 1900 S. Del Mar Avenue, Suite 206 Address: San Gabriel, CA 91776 Telephone:.626281-8640 County:.. Los Angeles Physical.. 1900 S. Del Mar Avenue, Suite Address: 206 . San Gabriel, CA 91776 CURRENTLY APPROVED PROGRAMS: (If no are listed below, please contact the school for a current of BPPE-approved programs.) THERAPEUTIC MASSAGE - BEREAVEMENT RAPEUTIC MASSAGE -INSOMNIA THERAPEUTIC MASSAGE - MANNUAL LYMPH DRAINAGE THERAPEUTIC MASSAGE - RHEUMATISM AND ARTHRITIS THERAPEUTIC MASSAGE - STRESS THERAPEUTIC MASSAGE - VARICOSE VEINS This web site contains PDF documents that require the most current version of Adobe Reader to view. To download click on the icon below. .c.~D.9ltiQD~. of Us~ I PIiY9-.c.yE.Qli,g.y Copyright @ 201 0 State of California 1 of I 8/26/2010 5: 13 PM ~~ BPPE Bureau for Private Postsecondary Education 1625 North Market Boulevard, Suite S-202, Sacramento, CA 95834 P.O. Box 980818, West Sacramento, CA 95798-0818 P (916) 574-7720 F (916) 574-8648 www.bppe.ca.gov c::I a January 14, 2010 Oriental Medicine Institute in America 1900 S. Del Mar Avenue, Suite 206 San Gabriel, CA 91776 RE: School Code 1937451 On October 11,2009, Governor Schwarzenegger signed Assembly Bill (AB) 48 (Portantino, Chapter 310, Statutes of 2009.) AB 48 is known as the Private Postsecondary Education Act of 2009 ("Act"). The Act establishes the Bureau for Private Postsecondary Education ("Bureau") within the Department of Consumer Affairs. The Act becam"e operative' on January 1,2010. The text of the Act is availabie online at www.bppe.ca.qov. Our records indicate your institution had a valid approval to operate on June 30, 2007 issued by the former Bureau for Private Postsecondary and Vocational Education. Section 94802(a) of the Act provides that your approval to operate shall be valid for three calendar years after the expiration date of the approval, as it read on June 30, 2007. Therefore, your approval to operate is valid through April 11 ,2!)12. Please use this document and the enclosed program list as official notice of your approval to operate, effective January 1, 2010. The Act requires the Bureau to maintain a directory of institutions on its web site (section 94878.) In order to ensure that the Bureau has the most current information regarding this institution, we are requesting that you complete the enclosed Institution Information Update form and return it to the Bureau by February 1, 2010. You may address questions and correspondence to: Bureau for Private Postsecondary Education P.O. Box 980818 West Sacramento, CA 95798 By E-mail to: bppve@dca.C8.00V Phone: 916-574-7720 Sincerely, -..------ ..----~ <.-::0...--_1'-_'---. _~.:c~'--< _ Joanne Wenzel Staff Services Manager III Guerrero Re - Subject: Briggs_Le Wednesday, September 15, 2010 9:33 AM Valdivia_Je; Guerrero_Re Massage Test-Xia Yu Cram: It: Xia Yu was tested yesterday for Massage Therapy; she passed. I will be notifying her today. Leticia O. Briggs Human Resources Analyst City of San Bernardino Civil Service Office (909) 384-5248 Fax #: (909) 384-5918 1