1 David G. Lim
From: Profitt, Jeremy <[email protected]>
Sent: Wednesday, May 13, 2026 3:12 PM
To: Beavers, Esther; Tarver, Theodore; Eltringham, Darin; David G. Lim Cc: Abigail Ellerman
Subject: RE: Filing an Appeal for Tender Therapeutic Care Service Attachments: Massage_PErmit_App_Tender_Therapeutic.pdf; Prelim_Notice_Feb_2_2026.pdf; Citation_ 1298.pdf; Prelim_May_6_2025.pdf; 2024_10_03_10_37_04.pdf; Prelim_March_14_ 2024.pdf; Tender Therapeutic Care Service.321 Texas St Ste 107.pdf Importance: High
Good afternoon, David Lim and Abigail. Please see attached documents for hearing to be handed over to Mr. Kemp.
Thank you
Jeremy Profitt Police Support Manager
Community Engagement Division
[email protected]
Phone: 707.428.7709
Cell: 707. 366.5404
JoinFFPD.com
“Advancing safety, service and the quality of life in Fairfield”
From: Profitt, Jeremy <[email protected]>
Sent: Tuesday, April 28, 2026 8:37 PM
To: Beavers, Esther <[email protected]>; Tarver, Theodore <[email protected]>; Eltringham, Darin <[email protected]>; Lim, David G. (RWG Law) <[email protected]> Cc: Abigail Ellerman <[email protected]>
Subject: Re: Filing an Appeal for Tender Therapeutic Care Service
Thank you David, I will represent our team and have documents to you by the deadline.
Thank you 🙏
Jeremy Profitt Police Support Manager
Community Engagement Division
[email protected]
Phone: 707.428.7709
The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. 2 Cell: 707. 366.5404
From: David G. Lim <[email protected]>
Sent: Tuesday, April 28, 2026 4:30:30 PM
To: Beavers, Esther <[email protected]>; Tarver, Theodore <[email protected]>; Profitt, Jeremy <[email protected]>; Eltringham, Darin <[email protected]> Cc: Abigail Ellerman <[email protected]>
Subject: RE: Filing an Appeal for Tender Therapeutic Care Service
Hi Ted, Jeremy and Darin,
Just a reminder that under law, I cannot staff both the City Council at this hearing and Code Enforcement staff. If you need an attorney to help you we will need to hire outside counsel.
Given your experience with Miracle Massage, I don’t think you need an attorney, but if you feel otherwise please let me know as soon as possible and I can make arrangements.
Otherwise, please send me contact information for Mr. Kemp and I will send him a letter of the hearing date for June 2, 2026 at 6 PM at the City Council meeting. I will also prepare the agenda report for Council.
If staff has any document they plan to present at the hearing, please send to me no later than Friday, May 15, 2026 so I can include them as attachments to the staff report.
Thank you!
David G. Lim (He/Him/His)
Fairfield City Attorney
RICHARDS WATSON GERSHON
One Sansome Street, Suite 2050
San Francisco, California 94104
T: 415.421.8484
E: [email protected]
W: rwglaw.com
From: Beavers, Esther <[email protected]>
Sent: Monday, April 27, 2026 8:32 AM
To: Tarver, Theodore <[email protected]>; Profitt, Jeremy <[email protected]>; Eltringham, Darin <[email protected]>; David G. Lim <[email protected]> Subject: RE: Filing an Appeal for Tender Therapeutic Care Service
Thank you everyone!
3 Esther Beavers | Deputy City Clerk
City Manager’s Office | City of Fairfield
O | (707) 428 -7402
1000 Webster Street, 4th Floor, Fairfield, CA 94533
www.fairfield.ca.gov
City Hall is closed every other Friday (City Hall Schedule)
From: Tarver, Theodore <[email protected]>
Sent: Monday, April 27, 2026 8:31 AM
To: Profitt, Jeremy <[email protected]>; Eltringham, Darin <[email protected]>; Beavers, Esther <[email protected]>; Lim, David G. (RWG Law) <[email protected]> Subject: RE: Filing an Appeal for Tender Therapeutic Care Service
Morning everyone,
I just spoke with Mr. Kemp and he confirmed that June 2nd would work. I advised him I would provide a time once we confirm it. I sent this information via email to him also.
Theodore (Ted) Tarver Jr.
Code Enforcement Supervisor
[email protected]
Phone: 707-428-7765
Cell: 707-914-8727
JoinFFPD.com
“Advancing safety, service and the quality of life in Fairfield”
From: Profitt, Jeremy <[email protected]>
Sent: Monday, April 27, 2026 8:23 AM
To: Tarver, Theodore <[email protected]>; Eltringham, Darin <[email protected]>; Beavers, Esther <[email protected]>; Lim, David G. (RWG Law) <[email protected]> Subject: Fw: Filing an Appeal for Tender Therapeutic Care Service
Ted can you reach out to Mr. Kemp today, this hearing may need to happen in June, as he is leaving town on vacation.
June 2 or 16. June 2 would be the best option.
408) 355-0690 or [email protected]
Thank you
Jeremy Profitt Police Support Manager
Community Engagement Division
[email protected]
Phone: 707.428.7709
Cell: 707. 366.5404
4 From: David G. Lim <[email protected]>
Sent: Thursday, April 23, 2026 1:58 PM
To: Beavers, Esther <[email protected]>; Profitt, Jeremy <[email protected]> Cc: Abigail Ellerman <[email protected]>
Subject: RE: Filing an Appeal for Tender Therapeutic Care Service
Esther and Jeremy,
Do you have a copy of the appeal request?
Under law we can hold the hearing after the owners get back from vacation, but it’s Jeremy’s call.
Assuming the appeal was timely (within 10 days of the denial), Jeremy do you want to reach out to the owners to pick a date or do you want me to do it?
cc. Abigail Ellerman
David G. Lim (He/Him/His)
Fairfield City Attorney
RICHARDS WATSON GERSHON
One Sansome Street, Suite 2050
San Francisco, California 94104
T: 415.421.8484
E: [email protected]
W: rwglaw.com
From: David G. Lim
Sent: Thursday, April 23, 2026 1:54 PM
To: 'Beavers, Esther' <[email protected]>; Profitt, Jeremy <[email protected]> Cc: Abigail Ellerman <[email protected]>
Subject: RE: Filing an Appeal for Tender Therapeutic Care Service
Esther,
Sorry, still backed up from Tuesday night – LOL. Let me review it now and get you and Jeremy a response.
Cc’ing Abigail on this as it’s a code enforcement matter.
David G. Lim (He/Him/His)
Fairfield City Attorney
5 RICHARDS WATSON GERSHON
One Sansome Street, Suite 2050
San Francisco, California 94104
T: 415.421.8484
E: [email protected]
W: rwglaw.com
From: Beavers, Esther <[email protected]>
Sent: Thursday, April 23, 2026 1:51 PM
To: Profitt, Jeremy <[email protected]>; David G. Lim <[email protected]> Subject: FW: Filing an Appeal for Tender Therapeutic Care Service Importance: High
Hi Jeremy and David,
Can someone please giver Mr. Kemp a call back? He has a vacation planned from 4/29-5/21 and wanted to know if they need to cancel it due to this appeal.
Thank you,
Esther Beavers | Deputy City Clerk
City Manager’s Office | City of Fairfield
O | (707) 428 -7402
1000 Webster Street, 4th Floor, Fairfield, CA 94533
www.fairfield.ca.gov
City Hall is closed every other Friday (City Hall Schedule)
From: Beavers, Esther
Sent: Tuesday, April 7, 2026 1:53 PM
To: Profitt, Jeremy <[email protected]>; Lim, David G. (RWG Law) <[email protected]> Subject: Filing an Appeal for Tender Therapeutic Care Service
Hi Jeremy and David,
Chunying Zhao Kemp and her husband Thomas D Kemp came in to file an appeal for the Tender Therapeutic Care Service massage permit.
You can reach out to Thomas at (408) 355-0690 or [email protected]
Thanks,
6 Esther Beavers | Deputy City Clerk
City Manager’s Office | City of Fairfield
O | (707) 428 -7402
1000 Webster Street, 4th Floor, Fairfield, CA 94533
www.fairfield.ca.gov
City Hall is closed every other Friday (City Hall Schedule)
Fairfield Police DepartmentSupport Services Division - Code EnforcementPRELIMINARY NOTICE TO ABATE PUBLIC NUISANCE
Kemp Chunying Zhao1212 Oakland Rd SPC 135San Jose, CA 95112 February 10, 2026Case # 23-001597
LOCATION OF VIOLATIONS: 321 TEXAS ST, Fairfield,
ASSESSORS PARCEL # 0030340010
It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of anypremises in this city, whether commercial, industrial or residential, to maintain such premises in such a manner that any one,or more of the conditions or activities described in the following subsections are found to exist:
Violations: See below
Code: 10A.15ADescription: CITY MASSAGE PERMIT REQUIREDCorrective Action: OBTAIN VALID PERMITComments: Massage permit expired on 2/8/26 Code: 10A.21(c)Description: Permit Renewals - (c)Corrective Action: Comments: A massage establishment permit issued pursuant to the terms of this chapter shall be valid for a term of two (2) years fromthe date of issuance, and an application to renew the permit shall be submitted at least thirty (30) days prior to the expiration of thecurrent permit.
The first re-inspection of the property will be conducted after 15 days from the date on this notice.***The second and all subsequent inspections/notices will incure costs of $185.00*** Chapter 27.1001 (3): After the Preliminary Notice Of Violation is issued, a re-inspection will be conducted, If at that time theowner fails to comply and correct the violation a second re-inspection will be conducted.
You are directed to take the appropriate actions to abate the violation(s) within fifteen (15) days of the date of this notice tobring your property into compliance.
If you do not cooperate in the abatement of the identified violations, actions will be taken as more fully described in the PublicNuisance Abatement Procedure Chapter 27 of the Fairfield City Code.
Questions concerning this notice should be directed to the officer below.Complete city codes can be locatedat: www.fairfield.ca.gov ADMINISTRATIVE FINES1st offense - $110.00; 2nd offense - $220.00; and 3rd and subsequent offenses - $550.00. A CRIMINAL citation may be issued. Failure to comply could further result in the City abating the violations and the cost ofwhich, assessed against your property as a lien or made your personal obligation.
Fairfield City Code 27.401 (r) Violation of any provision of the Fairfield City Code including, but not limited to, a violation of Chapters 5(Building and Housing Codes), 8 (Fire Protection) and 25 (Development Regulations) of this code.
You may also be in violation of the terms of your Deed of Trust. Most Lenders require the Borrower to keep the property securing theirdebt in good repair and not to permit deterioration of this property. In the event that you no longer own this property, please notify me atthe number listed below with the name of the person(s) to whom the property was sold or transferred, and the date of the sale ortransference [Fairfield City Code Chapter 18A.3(a)].
RENTAL PROPERTY OWNERS--NOTIFICATION OF VIOLATIONS TO THE FRANCHISE TAX BOARDIf you do not correct the substandard condition of the rental property described above, you are in violation of Fairfield's CommunityPreservation Ordinance, and within six (6) months the Franchise Tax Board will be notified. This notification will prevent you fromclaiming state tax deductions for taxes, depreciation, amortization, or interest expenses connected with the property as long as itremains substandard. This notice is given to you pursuant to Sections 17274 and 24436.5 of the California Revenue and TaxationCode. The date of this Preliminary Notice marks the beginning of this six-month warning period. If the violations are not corrected withinsix months, the City is required by law to notify the Franchise Tax Board of failure to comply with these codes.
Officer D. [email protected]
CITY OF FAIRFIELD
POLICE DEPARTMENT
ADMINISTRATIVE CITATION
CITATION NO.
1298
DATE
10/22/2025
TIME
12:42PM
CASE NO.
23-001597
LOCATION OF VIOLATION
321 TEXAS ST
OWNER/RESPONSIBLE PARTY
WANG PEI L TR
OWNER/RESPONSIBLE PARTY ADDRESS
4397 STONEFIELD LN
FAIRFIELD, CA 94534
COMMENTS
The listed violation(s) were originally brought to your attention on 05/06/2025, which you have not corrected or resolved.
You are being issued an Administrative Citation for the violation(s) below in lieu of Criminal Prosecution.
Additional violation(s) may result in Criminal Prosecution and/or additional Administrative fines.
CODE/ORDINANCE DESCRIPTION OF VIOLATION
1 10A.5 (D) Closed cabinets
2 10A.5 (E) NO LOCKERS
3 10A.11 B SUPERVISION REQUIRED
CITATION OCCURANCE NUMBER OF DAYS IN VIOLATION TOTAL CITATION AMOUNT First Citation 1 $330.00
OFFICER: Officer D. Eltringham BADGE/ID # 450
ACKNOWLEDGED BY: Certified Mail
PAYMENT AND APPEAL INFORMATION ON NEXT PAGE
Payment of citation must be received by the City within 30 days of service date or a late fee of 50% of the total amount of the fine owed shall be charged.
Payment must be made online at www.CitationProcessingCenter.com, via phone to 800-969-6158 or via mail to (checks and money orders only): City of Fairfield, C/O Citation Processing Center, PO Box 7275, Newport Beach, CA 92658-7275
One copy of this Administrative Citation must accompany payment. The City of Fairfield is not responsible for accepting payments that do not include the proper citation.
Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City.
An appeal of this citation may be requested, in writing, within ten (10) calendar days of the date of the citation.
Appeal forms may be picked up at:
FAIRFIELD POLICE DEPARTMENT
1000 WEBSTER STREET, FAIRFIELD, CA 94533
PAYMENTS AND APPEALS CAN BE MADE ONLINE AT: www.CitationProcessingCenter.com
Fairfield Police DepartmentSupport Services Division - Code EnforcementPRELIMINARY NOTICE TO ABATE PUBLIC NUISANCE
Kemp Chunying Zhao1212 Oakland Rd SPC 135San Jose, CA 95112 May 06, 2025Case # 23-001597
LOCATION OF VIOLATIONS: 321 TEXAS ST, Fairfield,
ASSESSORS PARCEL # 0030340010
It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of anypremises in this city, whether commercial, industrial or residential, to maintain such premises in such a manner that any one,or more of the conditions or activities described in the following subsections are found to exist:
Violations: See below
Code: 10A.5 (D)Description: Closed cabinetsCorrective Action: Comments: All towels and linens must be stored in a closed cabinet.
Code: 10A.5 (h)Description: Clean towels and linens not providedCorrective Action: Comments: All towels and linens used must be clean and free of any stains.
Code: 10A.5 (I)Description: Compliance with applicable laws.Corrective Action: Comments: Sleeping on the premises is strictly prohibited.
Code: 10A.5 (a)Description: Inadequate lightingCorrective Action: Comments: Lighting must be 40 watt at all times. Do not put towels/lines over lights in order to dim the room.
Code: 10A.5 (E)Description: NO LOCKERSCorrective Action: Comments: Lockers must be available to patrons. The available lockers are being used to store establishment items.
Code: 10A.11 BDescription: SUPERVISION REQUIREDCorrective Action: Comments: Every holder of a permit for a massage establishment shall exercise close supervision over the acts of massage therapistsor other persons employed on the premises, including independent contractors.
Code: 10A.16Description: DisplayCorrective Action: Comments: All CAMTC certificates for employees working at location must have their CAMTC certificate displayed.
Code: 25.22.2 FCCDescription: Allowed Land Uses and Permit RequirementsCorrective Action: Contact the City of Fairfield Planning Department, 1000 Webster Street, second floor, 428-7461, to obtain a Conditional Use Permit to conduct this activity.Comments: Sleeping on the premises is strictly prohibited.
The first re-inspection of the property will be conducted after 15 days from the date on this notice.***The second and all subsequent inspections/notices will incure costs of $185.00*** Chapter 27.1001 (3): After the Preliminary Notice Of Violation is issued, a re-inspection will be conducted, If at that time theowner fails to comply and correct the violation a second re-inspection will be conducted.
You are directed to take the appropriate actions to abate the violation(s) within fifteen (15) days of the date of this notice tobring your property into compliance.
If you do not cooperate in the abatement of the identified violations, actions will be taken as more fully described in the PublicNuisance Abatement Procedure Chapter 27 of the Fairfield City Code.
Questions concerning this notice should be directed to the officer below.Complete city codes can be locatedat: www.fairfield.ca.gov ADMINISTRATIVE FINES1st offense - $110.00; 2nd offense - $220.00; and 3rd and subsequent offenses - $550.00. A CRIMINAL citation may be issued. Failure to comply could further result in the City abating the violations and the cost ofwhich, assessed against your property as a lien or made your personal obligation.
Fairfield City Code 27.401 (r) Violation of any provision of the Fairfield City Code including, but not limited to, a violation of Chapters 5(Building and Housing Codes), 8 (Fire Protection) and 25 (Development Regulations) of this code.
You may also be in violation of the terms of your Deed of Trust. Most Lenders require the Borrower to keep the property securing theirdebt in good repair and not to permit deterioration of this property. In the event that you no longer own this property, please notify me atthe number listed below with the name of the person(s) to whom the property was sold or transferred, and the date of the sale ortransference [Fairfield City Code Chapter 18A.3(a)].RENTAL PROPERTY OWNERS--NOTIFICATION OF VIOLATIONS TO THE FRANCHISE TAX BOARDIf you do not correct the substandard condition of the rental property described above, you are in violation of Fairfield's CommunityPreservation Ordinance, and within six (6) months the Franchise Tax Board will be notified. This notification will prevent you fromclaiming state tax deductions for taxes, depreciation, amortization, or interest expenses connected with the property as long as itremains substandard. This notice is given to you pursuant to Sections 17274 and 24436.5 of the California Revenue and TaxationCode. The date of this Preliminary Notice marks the beginning of this six-month warning period. If the violations are not corrected withinsix months, the City is required by law to notify the Franchise Tax Board of failure to comply with these codes.
Officer D. [email protected]
Fairfield Police DepartmentSupport Services Division - Code EnforcementPRELIMINARY NOTICE TO ABATE PUBLIC NUISANCE
Kemp Chunying Zhao1212 Oakland Rd SPC 135San Jose, CA 95112 March 14, 2024Case # 23-001597
LOCATION OF VIOLATIONS: 321 TEXAS ST, Fairfield,
ASSESSORS PARCEL # 0030340010
It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of anypremises in this city, whether commercial, industrial or residential, to maintain such premises in such a manner that any one,or more of the conditions or activities described in the following subsections are found to exist:
Violations: See below
Code: 10A.6Description: Record of TreatmentCorrective Action: Comments: Log book must contain valid information. Must contain date, time, full name, valid address, how much was paid, how muchtip and who provided the massage.
The first re-inspection of the property will be conducted after 15 days from the date on this notice.***The second and all subsequent inspections/notices will incure costs of $185.00*** Chapter 27.1001 (3): After the Preliminary Notice Of Violation is issued, a re-inspection will be conducted, If at that time theowner fails to comply and correct the violation a second re-inspection will be conducted.
You are directed to take the appropriate actions to abate the violation(s) within fifteen (15) days of the date of this notice tobring your property into compliance.
If you do not cooperate in the abatement of the identified violations, actions will be taken as more fully described in the PublicNuisance Abatement Procedure Chapter 27 of the Fairfield City Code.
Questions concerning this notice should be directed to the officer below.Complete city codes can be locatedat: www.fairfield.ca.gov ADMINISTRATIVE FINES1st offense - $110.00; 2nd offense - $220.00; and 3rd and subsequent offenses - $550.00. A CRIMINAL citation may be issued. Failure to comply could further result in the City abating the violations and the cost ofwhich, assessed against your property as a lien or made your personal obligation.
Fairfield City Code 27.401 (r) Violation of any provision of the Fairfield City Code including, but not limited to, a violation of Chapters 5(Building and Housing Codes), 8 (Fire Protection) and 25 (Development Regulations) of this code.
You may also be in violation of the terms of your Deed of Trust. Most Lenders require the Borrower to keep the property securing theirdebt in good repair and not to permit deterioration of this property. In the event that you no longer own this property, please notify me atthe number listed below with the name of the person(s) to whom the property was sold or transferred, and the date of the sale ortransference [Fairfield City Code Chapter 18A.3(a)].RENTAL PROPERTY OWNERS--NOTIFICATION OF VIOLATIONS TO THE FRANCHISE TAX BOARDIf you do not correct the substandard condition of the rental property described above, you are in violation of Fairfield's CommunityPreservation Ordinance, and within six (6) months the Franchise Tax Board will be notified. This notification will prevent you fromclaiming state tax deductions for taxes, depreciation, amortization, or interest expenses connected with the property as long as itremains substandard. This notice is given to you pursuant to Sections 17274 and 24436.5 of the California Revenue and Taxation Code. The date of this Preliminary Notice marks the beginning of this six-month warning period. If the violations are not corrected withinsix months, the City is required by law to notify the Franchise Tax Board of failure to comply with these codes.
Officer D. [email protected]