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SR-10-28-1980-6KCA:SSS:SC:bl OCT 2 C 1990 Council Meeting 10/28/80 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Resolution Authorizing Contract with County Department of Health Services BACKGROUND This report transmits for the Council's approval a resolution authorizing the execution of a contract with the County Department of Health Services for the inspection of facilities intended for use or being used as massage parlors and the examination of applicants for masseur's permits. These services are required pursuant to Ordinance No. 1175, the massage parlor licensing law, which was adopted by the Council on August 12, 1980. A contract, similar in form to the contract submitted herewith, but limited to the conduct of applicant examinations, was approved by the City Council on July 22, 1980 at the time it adopted an emergency ordinance for the licensing of massage parlors (Emergency Ordinance No. 1161). That contract has been expanded so that facilities inspections, as well as applicant examinations, will be provided by the County pursuant to the same agreement. The instant resolution is required by the County Department of Health Services as prerequisite to its approval of the contract. OCT 2 ©i9£30 ANALYSIS Section 1 requests the County Board of Supervisors to instruct the County Department of Health Services to nego- tiate the attached contract with the City of Santa Monica for the provision of inspection and examination services called for by Ordinance No. 1175. The fees specified in the contract for these services, $57 per inspection and $105 per examination, are in accord with the County's 1980 -81 fee schedules. Section 2 approves the execution of the contract and authorizes the City Attorney to approve any necessary changes in the form of the contract which will not materially alter the City's liabilities or rights under the contract. REC0MMENDATION It is respectfully recommended that the Council adopt the within resolution authorizing execution of the attached contract and requesting the County Board of Supervisors to direct execution of the contract by the County Department of Health Services. Prepared by: Stephen Shane Stark, Acting City Attorney Susan Carroll, Deputy City Attorney -2- CA:SSS:SC:bl Council Meeting 10/28/80 Santa P9onica, California RESOLUTION 140. 6114 (City Council Series A RESOLUTION OF THE CITY COU14CIL•OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY AND THE COUNTY DEPARTMENT OF HEALTH SERVICES FOR THE PERFORM- ANCE OF CERTAIN SERVICES PURSUANT TO ORDIiNANCE NO. 1175 (MASSAGE PARLOR LICENSING LAW) WHEREAS, Ordinance No. 1175 was adopted by the City Council on August 22, 1980, to repeal Chapter 12 of Article VI of the Santa Monica Municipal Code, as amended, and to enact in its place a new Chanter 12 providing for the licensing of massage parlors and of persons engaged for compensation in the practice of massage; and WHEREAS, said ordinance requires that inspections of premises intended to be devoted to a massage establishment or presently operated as massage establishments be conducted by the County Department of Health Services and that said Department prepare, administer, and grade examinations to test the competency and ability of applicants for masseur's permits, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council 'hereby requests the Los Angeles County Board of Supervisors to instruct the County Department of Health Services to negotiate an agreement with the City of Santa Monica pursuant to which it will conduct investiga- tions of premises intended for use or used as massage establishments and conduct examinations to test the competency and ability of applicants for new masseur's permits, with a fee for such services to be established commensurate with the costs thereof. Section 2. The City Council hereby authorizes execution of the agreement attached as Exhibit A herdto for the performance by the County Department of Health Services of the services described in Section 1, and further authorizes the City Attorney to approve such changes in the form of the agreement as will not substantially alter the City's rights or liabilities under said agreement. Section 3. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ANU qMa STEPHEN SHANE STARK Acting City Attorney -2- ADOPTED AND APPROVED THIS 29th DAY OF October , 1980, IV 191, Pl AYOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION, (x,10. 6114 , WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON October 29 , 1980 BY THE FOLLOWING COUNCIL VOTE; AYES: COUNCILMEMBERS: Yannatta Goldway, Jennings, Reed, Rhoden and Mayor Bambrick NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS; Scott ABSTAIN COUNCILMEMBERS; None ATTEST; CITY CLERK c Agenda Item 6 -K: Presented for consideration was a resolution approving a contract with the County Department of Health for the inspection of facilities intended for use or being used as massage parlors and the examination of applicants for masseur's permits. Discussion was held, as introduced by Mayor Pro Tempore Yannatta Goldway. (Councilmember Scott departed at 10:11 P.M.) Councilmember Reed moved to.adopt Resolution No. 6114(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY AND THE COUNTY DEPARTMENT OF HEALTH SERVICES FOR THE PERFORMANCE OF CERTAIN SER- VICES PURSUANT TO ORDINANCE NO. 1175 (MASSAGE PARLOR LICENSING LAW) ", reading by title only and waiving further reading thereof, and approving Contract No. 3536(CCS) with the County Department of Health. Second by Mayor Pro Tetpore- °Yannatta Goldway. The motion was approved by the follow- ing vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmember Scott MINUTES OF CITY COUNCIL MEETING October 29, 1980