HomeMy WebLinkAbout23-Police Department
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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
Technician - Hong Bin He
Dept: Police Department
Date: November 9, 2007
MICC 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 ofthe Chief of Police and adopt his letter of October 1, 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.
4W~.
Michael Billdt, Chief of Police
Contact person:
RriA" Rnnm I iAlltAnAnt
.
Phnn,,'Y~R'R
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: -0-
Source: (Acct. No.)
(At"M n~c:,...rirtinn)
Finance:
Council Notes:
1//1,101_
I
.l3
)/0.
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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
Technician - Hong Bin He
Background:
On 09.19.07, applicant Hong Bin He applied for a City of San Bernardino permit
for "AA Massage Health Center" located at 650 S. E Street #A, San Bernardino.
She was applying for the permit as a massage technician at the business.
. 09.21 ~7 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:
. 09.14-05 San Leandro Police Department in Northern California arrested Hong
He for Prostitution and Pandering. For unknown reasons, the District Attorney
rejected the case the next day.
. 01.25~6 Hayward Police Department - Hong He was convicted of PC647 (B)
Prostitution and sentenced to 2 days in jail, probation for 2 years and a fine,
. 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 Hong He submitted,
she answered "NO" to the question "have you ever been found guilty or pled
guilty to any crime?"
Vice Investigator Valdivia conferred with Deputy City Attorney Jolena Grider
about the conviction and untruthfulness of Hong He. Mrs. Grider conferred that a
DENIAL was appropriate.
On 10-01-07 Chief of Police Billdt submitted letters of "Denial" to City Clerk
Rachel Clark and Hong He.
On 10-12-07 Hong He filed a City of San Bernardino Appeal Form stating that "the
court has dismissed my case". Hong He also included a copy of the Alameda
County Court Record.
II
On 07-13-07 the Alameda Court Record states that Hong He applied for "early
termination of probation and to withdraw her plea and to dismiss the
Complaint/information". The Court granted Hong He to withdraw her previously
entered plea of guilty.
However, what Hong He failed to inform the City of San Bernardino is that the
same Court order states "This order does not relieve the defendant of the
obligation to disclose the conviction in response to any direct question contained
in any questionnaire or application for public office, for licensure by any state or
local agency".
Hong He was untruthful about information on two City of San Bernardino forms.
Hong He shows a pattern of Prostitution and being Untruthful and 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 1, 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-Hong He
. Criminal History Record of Hong He
. Denial letters by Chief Billdt
. City of San Bernardino Appeal Form-Hong He
. Alameda Court Order
APPLICATION
FOR BUSINESS
LICENSE
CHECK ONE, I
0 Dine and Dance 0 Theater 0 Solicitation
0 Massage Parlor 0 Armored Car 0 City Mall
0 Gamesl Amusement 0 Guard Service 0 Burglar Alarm
0 Live Entertain 0 Dtt. Agency 0 Police ApP.
0 Poolroom [J Private P3:trol 0 Police Rtsatve
Other 0 Security Guard
0 Parade Permit (Location)
ENERAL INFORMATION (Type or print in ink)
3m.
jdress
City
%b't,q i),,,,,
Xllpation
M
-Q. \'€.ch '~k
jdress
Zip
" '.
).'" ~d..a;"C
0(2.41
OR PERMIT
(FACE PAGEl
o Special Office:
o School Employee
o Taxi Driver
o Ambulance Driver
o Valley College
~ Massage Tech.
o Weapon Permit
,8
qr"'Af:::;
Phone
qtA -8~
Uttl\;t; u:;t; UNL Y
POLICE DEPARTMENT
'1-5 -Ul
Date
~.
~oto Fee: $ /5..ex
Othe' F..,.1>-6 $ Yz.. _ C5i.
$ U7."~
Total Fees: --L..L=....:
Receipt No.
By, ;p. I'^-~~:C-
-
- - -- - - - - - -
CITY HALL
Dete Submitted:
o New 0 Ron_I
Business Lie. Fee: $
Inveil. Fee:
$
$
Total:
Rl!K:eipt No.
By'
<
Color of Eyes
~{<>W\I)
Are You a U.s. Citizen 7
rsY Yes 0 No
Color of Hair
55Jr-
Length of Residence in ___ f..
County ~dl\.. City ~1l'/.l1;:rl
Nationality
fj~I~"'-
1- %\')IA 2.-
Relationship
~\J
Ie You EVlr S..n Found Guilty Or Plead Guilty To Any C~im.1
~ you ever used another name .,
=:J No Byes'
If Yes . Pj.as~ list the names
~~
ASE READ AND SIGN:
RTlFY THAT ALL STATEMENTS IN THIS APPLICATION ARE TRUE, ACCURATE AND COMPLETE. FALSIFICATION OF ANY STATEMENT MAY
UL T IN THE CANCELLATION OF THIS APPLICATION .
,tur,:
(Business License Applicants Only)
FERE
Address
~ss/Professjon
Address
Address
'ss/Profession
Address
Address
;s/Profe$$ion
Address
Oat.:
. q!~/07-
Phone
L
Ve.n Known
Yean Known
Phon.
Vein Known
..... .........-........ ............ ...........,...........J
~.JUlj .::>'=!J L'1 .J...J:VO:..:;O LUU!
Mess~ge From Terminal/Unit: CLETS Operator: CLETS
ate/~ime Sent: 24-SEP-2007 16:08:25
4DEFYN7.IH
RE: QHY.CA0361000.24318698.SBPD N7 DATE:20070924 TIME:16:08:24
RESTRICTED-DO NOT USE FOR EMPLOYMENT,LICENSING OR CERTIFICATION PURPOSES
."TTN: SBPD N7
III CALIFORNIA ONLY SOURCE RECORD
:::II/A24318698
DOB/19660829 SEX/F RAC/CHINESE
~GT/506 WGT/120 EYE/BRO HAI/BLK POB/RC
:JAM/01 HE, HONGBIN
02 HE,HONG BIN
:BI/108951KCO
:DL/A7815642
:OC/618360113
ICC/MASSAGE THERAPIST
. ... * *
CPPLICANT: NAM:01
.0030114 CASD SOCIAL SERV CCL-CRCB, SACR~~ENTO
"NT:01 1198008644
APPLICANT FAMILY DAY CARE
COM: SCN-97230140036 ATI-I014HEH128
* * *
.PPLICANT: NAM:01
0040211 CAPD PACIFICA
NT:01
APPLICANT MASSAGE PARLOR/ESTAB
COM: SCN-31240420004 ATI-I042HEH591
* * *
RR/DET/CITE: NAM:02 DOB:19660829
0050914 CASO OAKLAND
~T:01 .1010BEX888-PFN
647(B) PC-DISORDERLY CONDUCT:PROSTITUTION
ARR BY:CAPD SAN LEANDRO
:IT: 02
2661 PC-PANDERING
J050915
~ISPO:PROS REJ-OTHER
COM: ADR-20050914 (1237, E 12TH ST", OAKLAND, CA,
94606)
COM: SCN-01752570011
COM: ON 09152005-266HPC-PROS REJ OTHER
IURT: NAM:02
:060125 CASC MCHAYWARD
:T:01 1387080B
647(B) PC-DISORDERLY CONDUCT:PROSTITUTION
IISPO:CONVtCTED
CONY STATUS:MISDEMEANOR
SEN: 2 YEARS PROBATION, 2 DAYS JAIL,
FINE
.
*
*
*
END OF .MESSAGE
,
.
.
Page 1
POLICE DEPARTMENT
MICHAEL A. BILLDT . CHIEF OF POLICE
~
P.O. Box 1559. San Bernardino. CA 92402-1559
909.384.5742
www.sbcily.org
October I, 2007
Rachael Clark, City Clerk
RE: Hong Bin He, AA Massage Health Center
650 S. "E" Street #A
San Bernardino CA 92418
Dear Ms. Clark;
This is to inform you that Hong Biri He applied for a permit as a massage technician at the
business, AA Massage Health Center. I have denied the permit and sent her the following letter.
Sail Bernardino Municipal Code 5.20.040(A) requires an investigation by the police department.
On 9/19/07, Hong Bin He applied for a permit as a massage technician at 650 S. E Street #A. It
was denied for the following reason(s):
SBMC 5.20.050(j) states in part ";lil convictions and the grounds therefor" (referring to the
contents of the application). On the application that Hong Bin He submitted on 9/19/07, she
answered "no" to the question "have you ever been found guilty or pled guilty to any crime." On
1/25/06 she was convicted of a misdemeanor for Prostitution. and was sentenced to 2 days in jail
and 2 years probation.
Very truly yours,
Lt~/a~
Michael A. Billdt
Chief of Police
LEADERS IN SEITING THE STANDARD OF EXCELLENCE
POLICE DEPARTMENT
MICHAEL A. BILLDT - CHIEF OF POLICE
PO. Box 1559' San Bernardino' CA92402.1559
909.384.5742
www.sbcity.org
October I, 2007
Hong Bin He
8339 Dorothy Street
Rosemead Ca. 91770
RE: AA Massage Health Center
650 S. "E" Street #A
San Bernardino CA 924 I 8
Dear Ms. He;
San Bernardino Municipal Code 5.20.040(A) requires an investigation by the police department.
On 10/1/07, your application for a permit as a massage technician at 650 S. E Street #A 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 you submitted on 9/19/07, you answered
"no" to the question "have you ever been found guilty or pled guilty to any crime." On 1/25/06
you were convicted of a misdemeanor for Prostitution and were sentenced to 2 days in jail and 2
years probation.
If you wish to appeal this decision, you may file a wTitten 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,
0ltllJJ~ iltLf&?r
Michael A. Billdt
Chief of Police
LEADERS IN SETTING THE STANDARD OF EXCELLENCE
II
<..:ITY OF SAN BERNARDiNO
APPEAL FORM
...-r'l""':i"-D ":T'l ri r:..
..(~'v~:l1r .-\.dll ....:L.._.
,,- -,.-
Ofllce Use OnlY
CClPJpi>istributed To: :\
(B'tity Anomey GCilY Manager c..,.,~)
Date: /1//2/"7.
'1 DEi"" tA-o f"'ll ,... ro."")
n; l~t~;lI*Stimp:'.f-
~.."I ....
IMPORTANT INFORMATION: All appeals to the Mayor and Conunon Council, Board of
Building Conunissioners (BBC) and Animal Control Commission must be filed in the City
Clerk's Office.
COMPLEnALL ITEMS Bf;LOW:..'
. . . ...-
"."
.,:'-.
Appellant
Name:
#>tJ~
Ye;
Address:
/770
Contact Person
Name: .
J.JotJ& &,tJ 1+6-
1331 J?ObJ71ry ST~. Uo-mnD.
, ~ - 7i-r> - 'f 0 2- Fax:
- :J.!o - , :3 2.. E-mail:
a. r/770
I Address:
Day Phone:
Evening Phone:
Affected Property Address:
Assessor's Parcel Number (APN #):
Whose Decision Are You Appealing:
bSO 's. "c" .{Ta~
.. A . >>J ~M.P,ND t4 zf
J Date of that Decision:
i.-
,
(;~ br foLtC-f;
o e-Ta JK I, 2-01>
......(.5;~::rYPE:OFAPPEAL'~t:HECK(jNE.k.;;.:..;.
. - - . , .," ", . - .- '- - ": ,'" .. ,,;>-. .-,' .
,':'rfii';~r::\:;J~rff~~~:~~~
I
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~ DBolrd of Building Commissionen - 575.00 DAnimal Control Commission. 575.00
.i>>'Ilyor and Common Council': 575.00* DPolice Commission - No Charge
i DPIlDning Commission - .Fee Adjusted Annually []other: - No Charge
I "Nete: Appeals to the Mayor and Common CouncU can only be from the Planning Commission and Pollce Commission.
i
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'l
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City of San Bernardino - City Clerk's Office - 300 N. ''D" Street. San Bernardino, CA 92418 - (909) 384-5002
II
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"".."., -~o~f'''- 2UAuDPJ;:.tU/lUU. t:JNCIiuuE'THE'F-OtLOu.u'lO"' ,'" ,.."."....,
;t~~l1;i~~i{~".i!i~~ft;li(f:.~'N5~~1!~_~~~~~f~dtl~J~f~,~';":tt3~'.;251~~~~M$i;!0~~j
1. The action appealed:
~DJ ~/( -}r Put."iT A<
A-T b~ s. ~ E' ST.ut-T . ~ f+
. ."'\,-.,..:...-.
It I m~~~TtdfNlc.rb1J I
~J~(;fVJM<.j)/IJO tA-.
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2. The grounds for appeal:
~. Ct)luT~ ~,J h11~e1> 1n':f-t"A16E , n L/l4.JYit. '?ALD II'lt Th tMG
~ ~t~ p'HI,r~f:p InJp fll?ftlLk-D ~T ,.{ t.J~ i. -Af.~~ \ ND' T.. ~
~ -;orJ = -A- Gfflt g
3. The action(s) sought:
To . U"~I /I'l
.
7b--r t r..u. I~ORk. 41; "
f~ '.j)
\11l~J'~ T..6t:/I "'CI~J
-
6-'\
tr. & -A f&1tWl iT ~
rtJ YOIM.. tALL-I.
. /
t Any additional information:
M -b p..-r78t;/f''(;f).
II
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SHA WN S. SALEHIEH, S.B. No.169637
PRESIDIO LAW GROUP-APC
2 468 Jackson Street, Suite 300
San Francisco, CA 94111
3 Telephone No.: (415) 773-1270
4 Attorney for Defendant
HONG BIN HE
ENDORSEr
FILED
ALAMEDA coti" .
JUL 1 3 20(7
CLERK OF THE SUPEIU(
By MARTliA ROSA!. .
1_.
s
6
7
SUPERIOR COURT OF CALI FORNlA COUNTY OF
ALAMEDA-HAYWARD HALL OF JUSTICE
8
9
10
15
Defendant
)
) Case No. 387080B
)
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ORDERPERN.DTTINGDEFENDANTTO
WITHDRAW PLEA AND DISMISSING THE
COMPLAlNTIINFORMATION
II The People of the State of California,
12 Plaintiff,
13 \!.
14 HONG BIN HE
DATE:
JUL 1 3 2007
qfH1
S{~
16
TIME:
17
DEPT:
18
19
20
21
22
23
24
This Court held a hearing on this matter o'~UL 1 S 20~~e Court has also reviewed (I)
defendant's application for early tennination of probation and to withdraw her plea and to
dismiss the Comp1aintlinfonnation, and (2) the reCords on file in this case. The Court gave the
District Attorney and the probation department notice of the hearing and the opportunity to
appear and provide infonnation on this matter.
25
26
27
28
ORDER PERMmlNGDEFENDANT TO WITHDRAW PLEA AND DISMISSING THE COMPLAINTIINFORMA nON
I I
...
\
~.
The Court fmds that the defendant is eligible for the relief sought pursuant to Pen~ode
2 section 1203.4.
3 The Court hereby permits the defendant to withdraw the previously entered plea of guilty.
4 A plea of not guilty is hereby entered.
s The Court dismisses the complaintlinfonnation in this case.
6 This order does not relieve the defendant of the obligation to disclose the conviction in
7 response to any direct question contained in any questionnaire or application for public office, fo
8 liCensure_by any state or local agency, or for contracting with the California State Lonery.
9 The Court directs the clerk to notify the Califomia Department of Justice of this action,
10 pursuant to Penal Code section 13151.
11
12
IJ
14
Date:
'111 ~}D~
IS
16
17
18
19
20
21
22
23
24
2S
26
27
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ORDER PERMITl1NG DEFENDANT TO WITHDRAW PLEA AND DISMISSING THE COMPLAINTIINFORMA TION