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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: ��vi071s� . 7 � � 9 • r 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 warranty of any kind, and that they may be subject to errors or omissions. To the extent permitted by applicable law, the Los Angeles Superior Court disclaims all warranties, including, without limitation, any implied warranties of merchantability, accuracy and fitness for a particular purpose, and non-infringement. 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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 LFADFR.4 IN SFTTIN(_TWTi.<TA%MA Drl AV Ti'vrcr r MUM k POLICE DEPARTMENT MTCHAII,A.BiLLDT-CHIEF of POLICE �vT P.f}. Box 1559•San Bernardino•CA 92402-1559 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. 4 kP Yi _ ��J ,Y4.,.8...,•. Ap elp lant -- Address: Contact Person Nanne: 1011a&'14 J _h yp Address: , a - Day Phone: Fax. was Evening Phone: — 3q 2 E-mail:&&AVA df4zktx 6 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 .r 5 S.. ❑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 �Y ate• ,E`� 3u ���a,. � � �����-. 'i � `�`� ���''���� i/ �>�4/���� �� ,� '� �` . £;`�,r°"�.ps�'A..� 1' .�� ;. �'r,�.. "'"�.' '�^. f , s '. � : 'i3 ►fin Y�_ '•a s` r�,.`a'"�� � _:. `•i`'` 'v° •,�, 1. The action appealed: Vol /,1 Le r Y -a=, 4 /W/7 1 w'JA() a wa 5 r�en G n^on�l 2. The gro ds for appeal: � 3 s fro ba�ro� a-2i7'dle •-4111 i 17 P, h Est . .—j'I��- �r�r w,��v. C�:.�. • J 3. Tlie action(s) sought: 4. Any additional information: Sc3�.K'�t�°'`Y,:•2z�~�}�`� �.rti'r` y��-�9•x"y��� -t�T � ,q. `k � `�'� .E`�-s�a�i - .• #�. -" .w.''..� x `�•d, y �r 4a ax=.i�•yr � �l v�,�iill "'c '�}' h^ L �?• .ate !Hy}�` �* L�_ r �� ^ 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