Agenda packet — Lomita City Council, April 18, 2023 (part 2 of 2)

PASSED, APPROVED, AND ADOPTED, this 18
th day of April 2023.
_______________________________
Barry Waite, Mayor
ATTEST:
______________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Trevor Rusin, City Attorney
Reg CC Mtg., April 18, 2023, Page # 179
1 TO: City Council
FROM: Trevor Rusin, City Attorney, and Ryan Smoot, City Manager MEETING DATE: April 18, 2023
SUBJECT: Public Hearing #4 to Review Draft Maps, Receive Public Comments on the Maps, and an Ordinance to Transition to District-Based Elections Under the California Voting Rights Act

RECOMMENDATION
1) Open the public hearing to receive public comments on the draft maps; 2) After the City attorney reads the title of the ordinance, introduce on first reading an ordinance establishing by-district elections in the City, defining the boundaries via the selected map, scheduling elections within the districts; 3) Find the same exempt from the California Environmental Quality Act; and 4) Direct staff to schedule the second reading and adoption of the ordinance.

BACKGROUND
In recent years, a number of cities in California have been sued under the CVRA.

Typically, plaintiffs allege that the defendant city’s at-large election system has resulted in “racially polarized” voting, which is defined in the CVRA as “voting in which there is a difference . . . in the choice of candidates of other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate.” (Elec. Code, § 14026 (e).) The lawsuits usually request that the defendant city transition to a by-district system. In a by-district election system, a council candidate must reside within an election district that is a divisible part of the jurisdiction and is elected only by voters residing within that election district.

Since the CVRA was signed into law, many local government entities have converted (or are in the process of converting) to by-district elections. The move toward by-district election systems is not surprising in light of the cost of litigating under the CVRA. For example, Palmdale settled a CVRA lawsuit for $4.5 million, Modesto paid $3 million to settle a similar case and Anaheim settled in 2014 for an amount reported to be possibly as high as $2 million. These numbers do not include the cities’ costs in paying their own attorneys to defend the lawsuits. In 2016, the California legislature adopted AB 350 Item No. PH 9a

CITY OF LOMITA

CITY COUNCIL REPORT
Reg CC Mtg., April 18, 2023, Page # 180
2 amending Elections Code section 10010 to cap the attorneys’ fees a prospective plaintiff may recover if a public agency adopts a resolution of intention to change to a by-district system of elections within 45 days following the receipt of a letter from that prospective plaintiff alleging a CVRA violation.

On January 18, 2022, the City received exactly such a letter from Southwest Voter Registration Project (SVRP) challenging the City’s current election system and asserting that the City’s at-large election system violates the California Voting Rights Act (CVRA).

This letter forced the City to consider by-district elections or risk litigation with SVRP.

On Febrary 28, 2022, the City Council adopted a resolution of intent pursuant to Elections Code section 10010(e)(3)(A). The City has reached agreement with the SVRP to extend the period during which the City must transition from at-large to by-district elections in order to avoid being susceptible to attorneys fees claims above $30,000. It does not require the City to transition to by-district elections, but rather creates an arrangement where SVRP will refrain from filing suit so long as the City takes specific steps to intitiate and conduct the hearings required for a transition to by-district elections. If the City transitions to by-district elections according to the agreed upon schedule, SVRP shall receive a settlement payment of $30,000. If the Council fails to conduct the hearings as required, or chooses not to transition to by-district elections, SVRP would be able to file suit against the City and would not be capped at $30,000 in attorneys fees.

On August 16, 2022, and September 6, 2022, the City Council held the first two required hearings for the Council district formation process as required by State Elections Code 10010 and the California Fair Maps Act. The August 16th meeting was focused on the redistricting process, timeline, and criteria. The September 6th meeting focused on questions and comments from the public and the City Council on the district formation process.

A virtual public workshop was held by the City on September 15, 2022. At the workshop, a presentation was given covering the timeline, redistricting criteria, how the public can provide input, the City’s redistricting website, and the online mapping tool. The workshop has been made available for public viewing through the City’s digital platforms.

On March 18th the City held a second public workshop in the Upstairs Assembly Room of Lomita City Hall to provide a presentation on the Draft Maps, cover the remaining timeline, the districting criteria, methods to provide input, the City’s redistricting website, and the online mapping tool. Further, the City held a thrid public hearing on March 21, 2023 to receive public comments on the draft maps and provide direction to staff, with the final deadline for the community to submit maps being April 4, 2023.

Based on the input received through maps submitted to the City by the April 4, 2023, deadline, public comments received to date, and direction from the City Council at previous public hearings the City’s professional demographer has prepared four (4) proposed maps that were published on the City’s district formation website.

Reg CC Mtg., April 18, 2023, Page # 181
3 ANALYSIS
The purpose of this meeting is to conduct the fourth public hearing, receive public comments on the proposed maps, select a Final Map, determine “sequencing” of elections (which districts will have elections first), and then introduce on first reading an ordinance based on these determinations that provides for by-district elections.

Criteria for Establishing Districts
The drawing of districts is regulated by both state and federal law, including the CVRA and the Federal Voting Rights Act, which limits the criteria that may be used in constructing districts. For example, under federal law, districts may not be drawn with race as the predominate factor. (Shaw v. Reno (1993) 509 U.S. 630.) Further, under Health and Safety Code section 13846 (e) and Elections Code section 22000, districts must be drawn as nearly equal in population as possible according to the latest federal decennial census, and the districts must be contiguous. In establishing the boundaries, the City Council may give consideration to the following factors:
(1) Topography (e.g., rivers, mountains, cliffs, and lakes); (2) Geography (e.g., land use patterns, major roadways, and railway lines); (3) Cohesiveness, Contiguity, Integrity, and Compactness of Territory; and (4) Communities of Interest (e.g., homeowner’s associations, historic communities, school districts, and downtown areas).

The City’s professional demographer has crafted four (4) draft maps that are compliant with the required standards for City Council review.

Criteria for Election Sequencing
In choosing to go to district-based elections, the Council can choose to stagger the terms of the future districts per Elections Code section 10010(a). In preparing sequencing, the Council must consider the following:
(1) At the time of publishing the draft maps, the City must also publish and make available the potential sequence of elections (Elections Code section 10010(a)) (2) No term of office may be cut short (Government Code section 34873) (3) The Council may consider the expiration of terms of office in setting the election rotation (Government Code section 34878)
(4) In determining the final sequence of the district elections, the City must give special consideration to the purposes of the CVRA and must take into account the Reg CC Mtg., April 18, 2023, Page # 182
4 preferences expressed by members of the districts (Elections Code section 10010(b))
The proposed order of elections takes into account the above criteria, is designated in the proposed ordinance, and indicated in the reports submitted on April 7, 2023, for Draft Maps #2 and #4. The City’s professional demographer has recommended that Council Districts 2 and 4 hold their elections in November 2024; and Council Districts 1, 3, and 5 follow two years later in the November 2026 election.

Environmental Review
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA (Section 21605) and CEQA Guidelines sections 15060(c)(3) and 15378. Conducting public hearing for public input regarding transitioning to by-district elections and setting a schedule for future hearings meets the above criteria and is not subject to CEQA.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Ordinance No. 848

2. Draft Map #1 dated March 5, 2023

3. Draft Map #2 as revised dated April 7, 2023

4. Draft Map #3 dated March 5, 2023

5. Draft Map #4 dated April 7, 2023
Reviewed by: Approved by:

Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reg CC Mtg., April 18, 2023, Page # 183
ORDINANCE NO. 848

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, ADDING SECTION 2-1.29.1 TO CHAPTER 1 OF TITLE 2

OF THE LOMITA MUNICIPAL CODE ESTABLISHING BY-DISTRICT

ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING

ELECTIONS WITHIN THE DISTRICTS, AND FINDING THE ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF LOMITA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals
A. The City of Lomita currently elects five Councilmembers using an at-large election system.

B. The City Council has determined that it is in the best interest of the City to shift from its current at-large election system to a by-district election system.

C. On January 18, 2022, the City received a letter challenging the City’s current election system and asserting that the City’s at-large election system violates the California Voting Rights Act (CVRA).

D. On February 28, 2022, the City Council adopted Resolution No. 2022-08, a resolution declaring the City’s intention to transition from at-large to district-based elections pursuant to California Elections Code Section 10010.

E. California Government Code Section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to a “by-district” system in which each Councilmember is elected only by the voters in the district in which the candidate resides.

F. Pursuant to California Government Code section 34886, it is declared that the purpose of the change in the method of electing members of the City Council of the City of Lomita made by this Ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Sections 14025 through 14032 of the California Elections Code.

G. The City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps.

H. In accordance with California Elections Code Section 10010, the City Council held two public hearings to obtain input prior to proposing district boundaries on August 16, 2022, and September 6, 2022, and community workshops on September 15, 2022, and March 18, 2023.

Attachment 1
Reg CC Mtg., April 18, 2023, Page # 184
Ordinance No. 848

Page 2 of 5 ends

I. On March 21, 2023, the City Council held a third public hearing to begin reviewing the proposed maps and soliciting public comment.

J. On April 18, 2023, the City Council held a fourth public hearing to select a map for adoption and introduced, read by title, and waived further reading of this Ordinance.

K. The purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of the Members of the City Council of the City of Lomita by-district in five single-member districts as reflected in Exhibit A to this Ordinance.

Section 2. Amendment Section 2-1.29.1 is hereby added to Chapter 1 of Title II of the Lomita Municipal Code to read as follows:
“2-1.29.1. – BY-DISTRICT ELECTIONS.
(A) By-District Elections. Pursuant to California
Government Code section 34886, Members of the City
Council of the City of Lomita shall be elected by-district in five (5) single-member districts.

1. Members of the City Council shall be elected in
the electoral districts established by subdivision
(B) of this Section and subsequently
reapportioned as provided by State law.

Elections shall take place “by-district” as that
term is defined in California Government Code
section 34871, meaning one Councilmember
shall be elected from each district, by the voters
of that district alone.

2. A Councilmember elected or appointed to
represent a district must reside in that district
and be a registered voter in that district, and any
candidate for City Council must reside in, and
be a registered voter in, the district in which he
or she seeks election at the time nomination
papers are issued.

3. Termination of residency in a district by a
Councilmember shall create a vacancy for that
City Council district unless a substitute
residence within the district is immediately
declared and established within thirty (30) days
after the termination of residency.

4. Notwithstanding any other provision of this
Section, the Councilmembers in office at the
Reg CC Mtg., April 18, 2023, Page # 185
Ordinance No. 848

Page 3 of 5 ends

time this Section takes effect shall continue in
office until the expiration of the term to which he
or she was elected. In the event a vacancy
occurs before the expiration of the term of a
Councilmember in office at the time this Section
takes effect, a person who is appointed or
elected by special election to fill such vacancy
may reside anywhere within the corporate
boundaries of the City. A person appointed or
elected to fill such a vacancy shall hold the office
in accordance with State law.
(B) City Council Districts and District Elections. All five Councilmembers shall be elected on a “by-district”
basis from the Council districts shown and numbered
on the map titled ‘City of Lomita District Map’
attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2024, and every four years thereafter, the following two City Council districts shall be elected by-district: District __ and District __. In 2026, and every four years thereafter, the following
three City Council districts shall be elected by-district:

District __; District__; and District __.
(C) Amendment of District Boundaries. Pursuant to
Elections Code section 21601, as it may be amended
from time to time, the City Council shall adjust the
boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.”
Section 3. Technical District Changes. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.

Reg CC Mtg., April 18, 2023, Page # 186
Ordinance No. 848

Page 4 of 5 ends

Section 5. Effective Date.This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.

PASSED, APPROVED, AND ADOPTED this ___ day of ___ 2023. ___________________________________
Barry Waite, Mayor
ATTEST:
__________________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
__________________________________
Trevor Rusin, City Attorney
Reg CC Mtg., April 18, 2023, Page # 187
Ordinance No. 848

Page 5 of 5 ends

EXHIBIT A
City of Lomita District Map
[***INSERT MAP***]
Reg CC Mtg., April 18, 2023, Page # 188
City of Lomita
2023 City Council Boundaries
DRAFT MAP #1
March 5, 2023
Attachment 2
Reg CC Mtg., April 18, 2023, Page # 189
1 Reg CC Mtg., April 18, 2023, Page # 190
2 Reg CC Mtg., April 18, 2023, Page # 191
3 Reg CC Mtg., April 18, 2023, Page # 192
4 Reg CC Mtg., April 18, 2023, Page # 193
5 Reg CC Mtg., April 18, 2023, Page # 194
6 Reg CC Mtg., April 18, 2023, Page # 195
7 Reg CC Mtg., April 18, 2023, Page # 196
City of Lomita
Draft Map #1 Demographic Profile
Council District Blue Orange Purple Red Yellow Total
Total Population (Pop) 2020 Adjusted 4,199 4,120 4,129 4,365 4,169 20,982 Deviation 3 (76) (67) 169 (27)
% Deviation 0.1% -1.8% -1.6% 4.0% -0.6% 5.8%
Latino 37.6% 34.2% 40.4% 39.0% 32.6% 36.8%
White 35.7% 33.4% 34.4% 32.4% 37.6% 34.7%
Black 3.7% 13.2% 2.5% 5.8% 5.0% 6.0%
American Indian 1.1% 1.2% 0.8% 1.1% 0.8% 1.0%
Asian 18.6% 14.7% 19.2% 18.6% 20.9% 18.4%
Hawaiian, Pacific Islander 1.2% 0.4% 0.6% 1.0% 0.6% 0.8% Other Race 1.5% 1.5% 114.0% 1.0% 1.3% 1.3%
Multi Minority Race 0.6% 1.3% 0.9% 1.2% 1.2% 1.0%
Voting Age Population (VAP) 2020 Adjusted 3,471 3,264 3,320 3,548 3,408 17,011 Latino 34.7% 31.2% 36.8% 35.2% 29.6% 33.5%
White 37.6% 37.9% 37.7% 35.9% 40.5% 37.9%
Black 3.4% 10.4% 2.6% 5.7% 5.1% 5.4%
American Indian 1.0% 1.4% 0.8% 1.4% 0.9% 1.1%
Asian 19.9% 15.9% 19.6% 19.1% 21.0% 19.1%
Hawaiian, Pacific Islander 1.4% 0.6% 0.3% 0.9% 0.5% 0.8% Other Race 1.4% 1.4% 1.1% 1.0% 1.3% 1.3%
Multi Minority Race 0.6% 1.4% 0.9% 0.9% 1.1% 1.0%
Citizen Voting Age Population (CVAP) 3,106 2,836 2,598 2,961 2,742 14,245 Latino 25.0% 36.7% 32.6% 26.3% 19.8% 28.0%
White 42.5% 46.3% 44.7% 41.0% 61.1% 46.9%
Black 9.1% 3.1% 5.4% 5.6% 7.0% 6.1%
Asian 21.2% 11.1% 17.0% 24.9% 9.8% 17.0%
All Other 2.3% 3.0% 0.3% 2.1% 2.4% 2.0%
2020 ACS CVAP Tabulation
2020 Census State Adjusted Redistricting Data
8 Reg CC Mtg., April 18, 2023, Page # 197
City of Lomita
Draft Map #1 Demographic Profile
Council District Blue Orange Purple Red Yellow Total
2020 Census State Adjusted Redistricting Data
Total Households (By Household Income) 1,674 1,490 1,507 1,670 1,619 7,960 Less than $35,000 25.5% 31.6% 21.6% 18.3% 26.7% 24.6%
$35,000 to $75,000 25.8% 19.5% 31.7% 32.3% 30.9% 28.1%
$75,000 to $150,000 32.9% 21.9% 33.0% 34.1% 27.5% 30.0% $150,000 or more 15.8% 27.0% 13.7% 15.4% 14.9% 17.3%
Population 25 years and over (By Education Level) 3,178 2,693 2,691 3,129 2,867 14,559 No High School Diploma 12.8% 16.4% 11.5% 13.0% 8.3% 12.4% Diploma, No College Degree 47.2% 41.6% 43.3% 45.6% 47.5% 45.2% Any College Degree 40.0% 42.0% 45.2% 41.4% 44.3% 42.5%
Occupied Housing Units 1,674 1,490 1,507 1,670 1,619 7,960 Owner occupied 55.7% 55.5% 55.6% 34.4% 38.4% 47.7%
Renter occupied 44.3% 44.5% 44.4% 65.6% 61.6% 52.3%
Population 5 years and over (By Language Spoken at
Home) 4,203 3,534 3,335 4,089 3,498 18,665
English only 60.6% 63.6% 71.3% 63.5% 69.1% 65.3%
Spanish 23.2% 19.7% 16.1% 20.3% 17.4% 19.5%
Asian and Pacific Island languages 12.6% 9.4% 9.2% 10.2% 7.9% 10.0% Other Indo-European languages 3.6% 7.4% 3.4% 6.1% 5.7% 5.2% Population With Poverty Status Determined (by Poverty
Status and Age) 4,415 3,774 3,604 4,407 3,782 19,983
Income Below Poverty Level Past 12 Months 8.9% 13.7% 4.6% 12.0% 9.9% 9.9% Income At or Above Poverty Level Past 12 Months 91.1% 86.3% 95.4% 88.0% 90.1% 90.1% Employment Status 16 years and over 3,784 3,081 3,028 3,479 3,100 16,472 In Labor Force 59.3% 65.4% 69.7% 69.7% 68.0% 68.0%
Civilian Employment 96.8% 98.4% 98.0% 94.8% 94.6% 96.5% Military 0.5% 0.0% 0.0% 0.2% 0.0% 0.2%
Unemployed 2.6% 1.6% 2.0% 4.9% 5.4% 3.4%
2019 ACS Reformatted Tables -Tract Tabulation
2019 ACS Reformatted Tables -Block Group Tabulation
9 Reg CC Mtg., April 18, 2023, Page # 198
City of Lomita
Draft Map #1 Demographic Profile
Council District Blue Orange Purple Red Yellow Total
2020 Census State Adjusted Redistricting Data
Total Population (Pop) 2020 Adjusted 4,199 4,120 4,129 4,365 4,169 20,982 Deviation 3 (76) (67) 169 (27)
% Deviation 0.1% -1.8% -1.6% 4.0% -0.6% 5.8%
Latino 1,580 1,410 1,666 1,704 1,360 7,720
White 1,499 1,375 1,421 1,416 1,567 7,278
Black 155 545 103 251 209 1,263
American Indian 44 50 33 49 34 210
Asian 782 607 794 810 872 3,865
Hawaiian, Pacific Islander 51 18 26 42 24 161
Other Race 61 62 47 42 55 267
Multi Minority Race 27 53 39 51 48 218
Voting Age Population (VAP) 3,471 3,264 3,320 3,548 3,408 17,011 Latino 1,204 1,018 1,223 1,248 1,007 5,700
White 1,304 1,237 1,253 1,273 1,379 6,446
Black 118 339 85 201 173 916
American Indian 35 44 28 48 32 187
Asian 690 519 652 677 717 3,255
Hawaiian, Pacific Islander 49 18 11 32 17 127
Other Race 49 45 37 37 45 213
Multi Minority Race 22 44 31 32 38 167
Citizen Voting Age Population (CVAP) 3,106 2,836 2,598 2,961 2,742 14,245 Latino 777 1,040 846 780 543 3,985
White 1,320 1,313 1,162 1,214 1,676 6,685
Black 283 88 141 167 191 870
Asian 659 314 442 737 268 2,420
All Other 70 86 8 61 65 290
2020 Census State Adjusted Redistricting Data
2020 ACS CVAP Tabulation
10 Reg CC Mtg., April 18, 2023, Page # 199
City of Lomita
Draft Map #1 Demographic Profile
Council District Blue Orange Purple Red Yellow Total
2020 Census State Adjusted Redistricting Data
Total Households (By Household Income) 1,674 1,490 1,507 1,670 1,619 7,960 Less than $35,000 427 470 325 305 432 1,959
$35,000 to $75,000 431 291 478 540 501 2,240
$75,000 to $150,000 551 326 498 569 445 2,388
$150,000 or more 265 403 206 256 242 1,373
Population 25 years and over (By Education Level) 3,178 2,693 2,691 3,129 2,867 14,559 No High School Diploma 408 442 310 407 237 1,802
Diploma, No College Degree 1,500 1,120 1,164 1,427 1,362 6,574 Any College Degree 1,270 1,130 1,217 1,296 1,269 6,182
Occupied Housing Units 1,674 1,490 1,507 1,670 1,619 7,960 Owner occupied 932 827 838 575 622 3,795
Renter occupied 741 663 669 1,095 997 4,165
Population 5 years and over (By Language Spoken at
Home) 4,203 3,534 3,335 4,089 3,498 18,665
English only 2,550 2,246 2,378 2,594 2,417 12,185
Spanish 976 694 536 832 608 3,646
Asian and Pacific Island languages 531 331 308 415 275 1,861 Other Indo-European languages 152 263 113 248 198 974
Population With Poverty Status Determined (by Poverty
Status and Age) 4,415 3,774 3,604 4,407 3,782 19,983
Income Below Poverty Level Past 12 Months 391 516 167 528 374 1,976 Income At or Above Poverty Level Past 12 Months 4,024 3,258 3,437 3,879 3,408 18,007 Employment Status 16 years and over 3,784 3,081 3,028 3,479 3,100 16,472 In Labor Force 2,244 2,015 2,110 2,425 2,108 10,902
Civilian Employment 2,173 1,983 2,067 2,300 1,995 10,518 Military 12 - - 6 - 18
Unemployed 59 33 43 119 113 367
2019 ACS Reformatted Tables -Tract Tabulation
2019 ACS Reformatted Tables -Block Group Tabulation
11 Reg CC Mtg., April 18, 2023, Page # 200
City of Lomita
2023 City Council Boundaries
DRAFT MAP #2
April 7, 2023
Attachment 3
Reg CC Mtg., April 18, 2023, Page # 201
1 Reg CC Mtg., April 18, 2023, Page # 202
2 Reg CC Mtg., April 18, 2023, Page # 203
3 Reg CC Mtg., April 18, 2023, Page # 204
4 Reg CC Mtg., April 18, 2023, Page # 205
5 Reg CC Mtg., April 18, 2023, Page # 206
6 Reg CC Mtg., April 18, 2023, Page # 207
7 Reg CC Mtg., April 18, 2023, Page # 208
City of Lomita
Draft Map #2 Demographic Profile
Council District 1 2 3 4 5 Total
Total Population (Pop) 2020 Adjusted 4,198 4,146 4,254 4,264 4,120 20,982 Deviation 2 (50) 58 68 (76)
% Deviation 0.1% -1.2% 1.4% 1.6% -1.8% 3.4%
Latino 37.3% 41.0% 31.7% 39.7% 34.2% 36.8%
White 37.2% 32.7% 38.9% 31.2% 33.4% 34.7%
Black 2.7% 4.4% 4.0% 5.9% 13.2% 6.0%
American Indian 1.0% 0.9% 1.1% 0.8% 1.2% 1.0%
Asian 18.8% 18.0% 21.3% 19.3% 14.7% 18.4%
Hawaiian, Pacific Islander 1.3% 0.7% 0.5% 0.9% 0.4% 0.8% Other Race 1.1% 1.5% 1.4% 0.9% 1.5% 1.3%
Multi Minority Race 0.7% 0.8% 1.1% 1.4% 1.3% 1.0%
Voting Age Population (VAP) 2020 Adjusted 3,401 3,396 3,524 3,426 3,264 17,011 Latino 33.6% 38.0% 29.4% 35.4% 31.2% 33.5%
White 40.4% 35.3% 41.6% 34.2% 37.9% 37.9%
Black 2.4% 4.4% 3.9% 6.2% 10.4% 5.4%
American Indian 1.0% 1.1% 1.2% 0.9% 1.4% 1.1%
Asian 19.7% 18.7% 20.9% 20.3% 15.9% 19.1%
Hawaiian, Pacific Islander 1.2% 0.6% 0.4% 0.9% 0.6% 0.8% Other Race 1.0% 1.5% 1.5% 0.9% 1.4% 1.3%
Multi Minority Race 0.7% 0.6% 1.1% 1.3% 1.4% 1.0%
Citizen Voting Age Population (CVAP) 2,912 3,104 2,617 2,775 2,836 14,245 Latino 26.2% 28.6% 20.6% 27.2% 36.7% 28.0%
White 47.5% 38.5% 61.6% 42.6% 46.3% 46.9%
Black 9.7% 8.5% 7.4% 1.5% 3.1% 6.1%
Asian 15.6% 22.0% 8.5% 26.8% 11.1% 17.0%
All Other 1.0% 2.4% 2.0% 1.8% 3.0% 2.0%
2020 Census State Adjusted Redistricting Data
2020 ACS CVAP Tabulation
Sequencing of Elections - Council Districts 2 and 4 in Nov. 2024 and Council Districts 1, 3, and 5 in Nov. 2026 8 Reg CC Mtg., April 18, 2023, Page # 209
City of Lomita
Draft Map #2 Demographic Profile
Council District 1 2 3 4 5 Total
2020 Census State Adjusted Redistricting Data
Total Households (By Household Income) 1,644 1,553 1,543 1,730 1,490 7,960 Less than $35,000 24.1% 18.3% 30.0% 19.9% 31.6% 24.6%
$35,000 to $75,000 30.7% 28.5% 27.7% 33.3% 19.5% 28.1%
$75,000 to $150,000 29.7% 36.6% 29.2% 32.2% 21.9% 30.0% $150,000 or more 15.6% 16.6% 13.1% 14.6% 27.0% 17.3%
Population 25 years and over (By Education Level) 3,087 2,951 2,605 3,224 2,693 14,559 No High School Diploma 11.5% 14.6% 8.0% 11.5% 16.4% 12.4% Diploma, No College Degree 46.2% 45.7% 44.1% 47.5% 41.6% 45.2% Any College Degree 42.3% 39.7% 48.0% 41.1% 42.0% 42.5%
Occupied Housing Units 1,643 1,553 1,543 1,730 1,490 7,960 Owner occupied 64.5% 44.1% 40.8% 34.3% 55.5% 47.7%
Renter occupied 35.5% 55.9% 59.2% 65.7% 44.5% 52.3%
Population 5 years and over (By Language Spoken at
Home) 3,927 3,792 3,227 4,184 3,534 18,665
English only 66.3% 59.5% 70.7% 66.9% 63.6% 65.3%
Spanish 21.0% 21.5% 16.1% 18.9% 19.7% 19.5%
Asian and Pacific Island languages 9.9% 14.4% 8.4% 7.8% 9.4% 10.0% Other Indo-European languages 2.8% 4.7% 4.8% 6.4% 7.4% 5.2% Population With Poverty Status Determined (by Poverty
Status and Age) 4,076 4,125 3,508 4,499 3,774 19,983
Income Below Poverty Level Past 12 Months 6.6% 9.2% 7.4% 12.3% 13.7% 9.9% Income At or Above Poverty Level Past 12 Months 93.4% 90.8% 92.6% 87.7% 86.3% 90.1% Employment Status 16 years and over 3,591 3,399 2,881 3,519 3,081 13,390 In Labor Force 61.0% 65.1% 68.6% 71.2% 65.4% 66.4%
Civilian Employment 96.6% 98.2% 96.3% 93.5% 98.4% 96.0% Military 0.3% 0.9% 0.0% 0.0% 0.0% 0.3%
Unemployed 3.1% 1.4% 3.7% 6.5% 1.6% 3.8%
2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
Sequencing of Elections - Council Districts 2 and 4 in Nov. 2024 and Council Districts 1, 3, and 5 in Nov. 2026 9 Reg CC Mtg., April 18, 2023, Page # 210
City of Lomita
Draft Map #2 Demographic Profile
Council District 1 2 3 4 5 Total
2020 Census State Adjusted Redistricting Data
Total Population (Pop) 2020 Adjusted 4,198 4,146 4,254 4,264 4,120 20,982 Deviation 2 (50) 58 68 (76)
% Deviation 0.1% -1.2% 1.4% 1.6% -1.8% 3.4%
Latino 1,567 1,701 1,350 1,692 1,410 7,720
White 1,562 1,356 1,656 1,329 1,375 7,278
Black 114 183 169 252 545 1,263
American Indian 42 39 47 32 50 210
Asian 787 746 904 821 607 3,865
Hawaiian, Pacific Islander 53 28 22 40 18 161
Other Race 44 61 61 39 62 267
Multi Minority Race 29 32 45 59 53 218
Voting Age Population (VAP) 3,401 3,396 3,524 3,426 3,264 17,011 Latino 1,144 1,289 1,036 1,213 1,018 5,700
White 1,374 1,198 1,467 1,170 1,237 6,446
Black 80 148 138 211 339 916
American Indian 34 37 42 30 44 187
Asian 670 634 736 696 519 3,255
Hawaiian, Pacific Islander 41 21 15 32 18 127
Other Race 35 50 52 31 45 213
Multi Minority Race 23 19 38 43 44 167
Citizen Voting Age Population (CVAP) 2,912 3,104 2,617 2,775 2,836 14,245 Latino 764 889 538 755 1,040 3,985
White 1,384 1,194 1,612 1,182 1,313 6,685
Black 283 263 194 42 88 870
Asian 455 683 223 745 314 2,420
All Other 30 74 51 49 86 290
2020 Census State Adjusted Redistricting Data
2020 ACS CVAP Tabulation
Sequencing of Elections - Council Districts 2 and 4 in Nov. 2024 and Council Districts 1, 3, and 5 in Nov. 2026 10 Reg CC Mtg., April 18, 2023, Page # 211
City of Lomita
Draft Map #2 Demographic Profile
Council District 1 2 3 4 5 Total
2020 Census State Adjusted Redistricting Data
Total Households (By Household Income) 1,644 1,553 1,543 1,730 1,490 7,960 Less than $35,000 396 284 463 345 470 1,959
$35,000 to $75,000 504 443 427 575 291 2,240
$75,000 to $150,000 487 568 450 557 326 2,388
$150,000 or more 256 258 203 253 403 1,373
Population 25 years and over (By Education Level) 3,087 2,951 2,605 3,224 2,693 14,559 No High School Diploma 354 429 207 370 442 1,802
Diploma, No College Degree 1,426 1,350 1,148 1,530 1,120 6,574 Any College Degree 1,307 1,172 1,250 1,324 1,130 6,182
Occupied Housing Units 1,643 1,553 1,543 1,730 1,490 7,960 Owner occupied 1,061 684 629 593 827 3,795
Renter occupied 583 869 914 1,137 663 4,165
Population 5 years and over (By Language Spoken at
Home) 3,927 3,792 3,227 4,184 3,534 18,665
English only 2,604 2,256 2,282 2,797 2,246 12,185
Spanish 825 815 520 791 694 3,646
Asian and Pacific Island languages 389 544 270 327 331 1,861 Other Indo-European languages 110 179 154 269 263 974
Population With Poverty Status Determined (by Poverty
Status and Age) 4,076 4,125 3,508 4,499 3,774 19,983
Income Below Poverty Level Past 12 Months 268 378 259 554 516 1,976 Income At or Above Poverty Level Past 12 Months 3,808 3,747 3,249 3,945 3,258 18,007 Employment Status 16 years and over 3,591 3,399 2,881 3,519 3,081 13,390 In Labor Force 2,192 2,212 1,976 2,506 2,015 8,886
Civilian Employment 2,118 2,172 1,903 2,342 1,983 8,535 Military 7 19 - 1 - 27
Unemployed 68 30 73 163 33 334
2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
Sequencing of Elections - Council Districts 2 and 4 in Nov. 2024 and Council Districts 1, 3, and 5 in Nov. 2026 11 Reg CC Mtg., April 18, 2023, Page # 212
First District.

The region bounded and described as follows: Beginning at the point of intersection of Pennsylvania Ave and 246th Pl, and proceeding northerly along Pennsylvania Ave to the City boundary, and proceeding easterly and southerly along the City boundary to Lomita Blvd, and proceeding westerly along Lomita Blvd to Narbonne Ave, and proceeding southerly along Narbonne Ave to 250th St, and proceeding westerly along 250th St to Cypress St, and proceeding northerly along Cypress St to 246th Pl, and proceeding westerly along 246th Pl to the point of beginning.

Second District.

The region bounded and described as follows: Beginning at the point of intersection of Narbonne Ave and 255th St, and proceeding northerly along Narbonne Ave to Lomita Blvd, and proceeding easterly along Lomita Blvd to the City boundary, and proceeding southerly along the City boundary to W 254th St, and proceeding westerly along W 254th St to Walnut St, and proceeding southerly along Walnut St to 257th St, and proceeding westerly along 257th St to Eshelman Ave, and proceeding northerly along Eshelman Ave to 255th St, and proceeding westerly along 255th St to the point of beginning.

Third District.

The region bounded and described as follows: Beginning at the point of intersection of the City boundary and Pennsylvania Ave, and proceeding southerly along Pennsylvania Ave to 246th Pl, and proceeding easterly along 246th Pl to Cypress St, and proceeding southerly along Cypress St to the City boundary, and proceeding westerly, northerly, and easterly along the City boundary to the point of beginning.

Fourth District.

The region bounded and described as follows: Beginning at the point of intersection of Cypress St and 250th St, and proceeding easterly along 250th St to Narbonne Ave, and proceeding southerly along Narbonne Ave to 255th St, and proceeding easterly along 255th St to Eshelman Ave, and proceeding southerly along Eshelman Ave to 262nd St, and proceeding westerly along 262nd St to the City boundary, and proceeding westerly along the City boundary to Cypress St, and proceeding northerly along Cypress St to the point of beginning.

Fifth District.

The region bounded and described as follows: Beginning at the point of intersection the City boundary and Oak St, and proceeding northerly along Oak St to 262nd St, and proceeding easterly along 262nd St to Eshelman Ave, and proceeding northerly along Eshelman Ave to 257th St, and proceeding easterly along 257th St to Walnut St, and proceeding northerly along Walnut St to W 254th St, and proceeding easterly along W 254th St to the City boundary, and proceeding southerly and westerly along the City boundary to the point of beginning.
12 Reg CC Mtg., April 18, 2023, Page # 213
City of Lomita
2023 City Council Boundaries
DRAFT MAP #3
March 5, 2023
Attachment 4
Reg CC Mtg., April 18, 2023, Page # 214
1 Reg CC Mtg., April 18, 2023, Page # 215
2 Reg CC Mtg., April 18, 2023, Page # 216
3 Reg CC Mtg., April 18, 2023, Page # 217
4 Reg CC Mtg., April 18, 2023, Page # 218
5 Reg CC Mtg., April 18, 2023, Page # 219
6 Reg CC Mtg., April 18, 2023, Page # 220
7 Reg CC Mtg., April 18, 2023, Page # 221
City of Lomita
Draft Map #3 Demographic Profile
Council District Blue Orange Purple Red Yellow Total
Total Population (Pop) 2020 Adjusted 4,222 4,217 4,099 4,275 4,169 20,982 Deviation 26 21 (97) 79 (27)
% Deviation 0.6% 0.5% -2.3% 1.9% -0.6% 4.2%
Latino 37.3% 32.8% 40.1% 41.1% 32.6% 36.8%
White 35.7% 33.7% 34.9% 31.7% 37.6% 34.7%
Black 3.7% 13.8% 2.7% 4.8% 5.0% 6.0%
American Indian 1.1% 1.1% 0.8% 1.2% 0.8% 1.0%
Asian 18.7% 14.9% 19.0% 18.6% 20.9% 18.4%
Hawaiian, Pacific Islander 1.3% 0.5% 0.5% 0.9% 0.6% 0.8% Other Race 1.5% 1.6% 1.1% 0.9% 1.3% 1.3%
Multi Minority Race 0.7% 1.6% 0.9% 0.8% 1.2% 1.0%
Voting Age Population (VAP) 2020 Adjusted 3,472 3,385 3,294 3,452 3,408 17,011 Latino 34.1% 29.5% 36.9% 37.4% 29.6% 33.5%
White 37.9% 38.4% 38.2% 34.6% 40.5% 37.9%
Black 3.5% 10.9% 2.7% 4.8% 5.1% 5.4%
American Indian 1.1% 1.2% 0.8% 1.5% 0.9% 1.1%
Asian 19.8% 16.3% 19.3% 19.3% 21.0% 19.1%
Hawaiian, Pacific Islander 1.5% 0.7% 0.2% 0.8% 0.5% 0.8% Other Race 1.5% 1.5% 1.1% 0.9% 1.3% 1.3%
Multi Minority Race 0.7% 1.6% 0.9% 0.7% 1.1% 1.0%
Citizen Voting Age Population (CVAP) 3,108 2,866 2,607 2,922 2,742 14,245 Latino 25.0% 34.9% 30.6% 29.8% 19.8% 28.0%
White 43.8% 48.3% 44.3% 38.0% 61.1% 46.9%
Black 9.3% 3.2% 6.0% 4.9% 7.0% 6.1%
Asian 19.8% 11.1% 18.8% 24.9% 9.8% 17.0%
All Other 2.2% 2.8% 0.4% 2.3% 2.4% 2.0%
2020 Census State Adjusted Redistricting Data
2020 ACS CVAP Tabulation
8 Reg CC Mtg., April 18, 2023, Page # 222
City of Lomita
Draft Map #3 Demographic Profile
Council District Blue Orange Purple Red Yellow Total
2020 Census State Adjusted Redistricting Data
Total Households (By Household Income) 1,695 1,498 1,473 1,676 1,619 7,960 Less than $35,000 23.9% 29.5% 21.4% 21.8% 26.7% 24.6%
$35,000 to $75,000 27.4% 22.2% 30.8% 29.2% 30.9% 28.1%
$75,000 to $150,000 32.8% 21.1% 33.8% 34.2% 27.5% 30.0% $150,000 or more 16.0% 27.1% 14.0% 14.8% 14.9% 17.3%
Population 25 years and over (By Education Level) 3,243 2,725 2,615 3,108 2,867 14,559 No High School Diploma 12.6% 16.0% 11.4% 13.6% 8.3% 12.4% Diploma, No College Degree 47.3% 41.1% 42.3% 46.7% 47.5% 45.2% Any College Degree 40.1% 42.9% 46.3% 39.6% 44.3% 42.5%
Occupied Housing Units 1,695 1,498 1,473 1,676 1,619 7,960 Owner occupied 57.3% 52.7% 53.5% 37.3% 38.4% 47.7%
Renter occupied 42.7% 47.3% 46.5% 62.7% 61.6% 52.3%
Population 5 years and over (By Language Spoken at
Home) 4,240 3,563 3,272 4,094 3,498 18,665
English only 61.7% 65.0% 71.3% 61.2% 69.1% 65.3%
Spanish 22.6% 19.2% 16.1% 21.3% 17.4% 19.5%
Asian and Pacific Island languages 12.2% 8.0% 9.2% 11.7% 7.9% 10.0% Other Indo-European languages 3.5% 7.8% 3.4% 5.8% 5.7% 5.2% Population With Poverty Status Determined (by Poverty
Status and Age) 4,450 3,796 3,535 4,419 3,782 19,983
Income Below Poverty Level Past 12 Months 8.4% 14.4% 4.7% 11.7% 9.9% 9.9% Income At or Above Poverty Level Past 12 Months 91.6% 85.6% 95.3% 88.3% 90.1% 90.1% Employment Status 16 years and over 3,827 3,057 2,953 3,535 3,100 16,472 In Labor Force 60.4% 67.6% 69.2% 67.1% 68.0% 66.2%
Civilian Employment 97.0% 97.3% 97.8% 95.7% 94.6% 96.5% Military 0.5% 0.0% 0.0% 0.3% 0.0% 0.2%
Unemployed 2.5% 2.7% 2.2% 4.1% 5.4% 3.4%
2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
9 Reg CC Mtg., April 18, 2023, Page # 223
City of Lomita
Draft Map #3 Demographic Profile
Council District Blue Orange Purple Red Yellow Total
2020 Census State Adjusted Redistricting Data
Total Population (Pop) 2020 Adjusted 4,222 4,217 4,099 4,275 4,169 20,982 Deviation 26 21 (97) 79 (27)
% Deviation 0.6% 0.5% -2.3% 1.9% -0.6% 4.2%
Latino 1,575 1,385 1,642 1,758 1,360 7,720
White 1,505 1,421 1,431 1,354 1,567 7,278
Black 157 580 112 205 209 1,263
American Indian 47 45 32 52 34 210
Asian 789 629 780 795 872 3,865
Hawaiian, Pacific Islander 55 22 22 38 24 161
Other Race 64 67 44 37 55 267
Multi Minority Race 30 68 36 36 48 218
Voting Age Population (VAP) 3,472 3,385 3,294 3,452 3,408 17,011 Latino 1,185 1,000 1,216 1,292 1,007 5,700
White 1,314 1,301 1,257 1,195 1,379 6,446
Black 120 368 88 167 173 916
American Indian 38 39 27 51 32 187
Asian 688 550 634 666 717 3,255
Hawaiian, Pacific Islander 52 22 8 28 17 127
Other Race 51 52 35 30 45 213
Multi Minority Race 24 53 29 23 38 167
Citizen Voting Age Population (CVAP) 3,108 2,866 2,607 2,922 2,742 14,245 Latino 776 999 798 869 543 3,985
White 1,361 1,383 1,154 1,111 1,676 6,685
Black 290 91 155 143 191 870
Asian 617 317 489 729 268 2,420
All Other 67 80 10 68 65 290
2020 Census State Adjusted Redistricting Data
2020 ACS CVAP Tabulation
10 Reg CC Mtg., April 18, 2023, Page # 224
City of Lomita
Draft Map #3 Demographic Profile
Council District Blue Orange Purple Red Yellow Total
2020 Census State Adjusted Redistricting Data
Total Households (By Household Income) 1,695 1,498 1,473 1,676 1,619 7,960 Less than $35,000 405 442 315 365 432 1,959
$35,000 to $75,000 463 333 454 489 501 2,240
$75,000 to $150,000 556 316 497 574 445 2,388
$150,000 or more 270 406 207 247 242 1,373
Population 25 years and over (By Education Level) 3,243 2,725 2,615 3,108 2,867 14,559 No High School Diploma 410 435 297 424 237 1,802
Diploma, No College Degree 1,533 1,121 1,106 1,452 1,362 6,574 Any College Degree 1,301 1,169 1,211 1,232 1,269 6,182
Occupied Housing Units 1,695 1,498 1,473 1,676 1,619 7,960 Owner occupied 972 790 787 624 622 3,795
Renter occupied 723 708 686 1,051 997 4,165
Population 5 years and over (By Language Spoken at
Home) 4,240 3,563 3,272 4,094 3,498 18,665
English only 2,614 2,316 2,332 2,507 2,417 12,185
Spanish 958 683 527 871 608 3,646
Asian and Pacific Island languages 518 287 302 479 275 1,861 Other Indo-European languages 150 278 111 238 198 974
Population With Poverty Status Determined (by Poverty
Status and Age) 4,450 3,796 3,535 4,419 3,782 19,983
Income Below Poverty Level Past 12 Months 374 545 164 518 374 1,976 Income At or Above Poverty Level Past 12 Months 4,076 3,251 3,371 3,901 3,408 18,007 Employment Status 16 years and over 3,827 3,057 2,953 3,535 3,100 16,472 In Labor Force 2,313 2,067 2,042 2,373 2,108 10,903
Civilian Employment 2,244 2,011 1,998 2,270 1,995 10,518 Military 12 - - 6 - 18
Unemployed 57 55 44 97 113 366
2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
11 Reg CC Mtg., April 18, 2023, Page # 225
City of Lomita
2023 City Council Boundaries
DRAFT MAP #4
April 7, 2023
Attachment 5
Reg CC Mtg., April 18, 2023, Page # 226
1 Reg CC Mtg., April 18, 2023, Page # 227
2 Reg CC Mtg., April 18, 2023, Page # 228
3 Reg CC Mtg., April 18, 2023, Page # 229
4 Reg CC Mtg., April 18, 2023, Page # 230
5 Reg CC Mtg., April 18, 2023, Page # 231
6 Reg CC Mtg., April 18, 2023, Page # 232
7 Reg CC Mtg., April 18, 2023, Page # 233
City of Lomita
Draft Map #4 Demographic Profile
Council District 1 2 3 4 5 Total
Total Population (Pop) 2020 Adjusted 4,060 4,145 4,254 4,306 4,217 20,982 Deviation (136) (51) 58 110 21
% Deviation -3.2% -1.2% 1.4% 2.6% 0.5% 5.9%
Latino 38.2% 40.4% 31.7% 40.9% 32.8% 36.8%
White 36.3% 31.2% 38.9% 33.3% 33.7% 34.7%
Black 3.2% 4.8% 4.0% 4.3% 13.8% 6.0%
American Indian 1.0% 0.7% 1.1% 1.2% 1.1% 1.0%
Asian 18.1% 20.2% 21.3% 17.7% 14.9% 18.4%
Hawaiian, Pacific Islander 1.3% 0.8% 0.5% 0.7% 0.5% 0.8% Other Race 1.3% 0.9% 1.4% 1.2% 1.6% 1.3%
Multi Minority Race 0.6% 1.1% 1.1% 0.9% 1.6% 1.0%
Voting Age Population (VAP) 2020 Adjusted 3,340 3,282 3,524 3,480 3,385 17,011 Latino 34.5% 36.8% 29.4% 37.5% 29.5% 33.5%
White 39.2% 33.6% 41.6% 36.4% 38.4% 37.9%
Black 2.9% 5.3% 3.9% 3.9% 10.9% 5.4%
American Indian 0.9% 0.8% 1.2% 1.4% 1.2% 1.1%
Asian 19.2% 20.9% 20.9% 18.4% 16.3% 19.1%
Hawaiian, Pacific Islander 1.4% 0.6% 0.4% 0.6% 0.7% 0.8% Other Race 1.3% 0.8% 1.5% 1.1% 1.5% 1.3%
Multi Minority Race 0.5% 1.1% 1.1% 0.7% 1.6% 1.0%
Citizen Voting Age Population (CVAP) 2,931 2,657 2,617 3,174 2,866 14,245 Latino 27.1% 29.5% 20.6% 27.4% 34.9% 28.0%
White 45.2% 43.7% 61.6% 38.0% 48.3% 46.9%
Black 10.8% 1.2% 7.4% 7.5% 3.2% 6.1%
Asian 15.7% 24.5% 8.5% 24.2% 11.1% 17.0%
All Other 1.4% 1.2% 2.0% 2.8% 2.8% 2.0%
2020 Census State Adjusted Redistricting Data
2020 ACS CVAP Tabulation
Sequencing of Elections - Council Districts 2 and 4 in Nov. 2024 and Council Districts 1, 3, and 5 in Nov. 2026 8 Reg CC Mtg., April 18, 2023, Page # 234
City of Lomita
Draft Map #4 Demographic Profile
Council District 1 2 3 4 5 Total
2020 Census State Adjusted Redistricting Data
Total Households (By Household Income) 1,573 1,717 1,543 1,634 1,498 7,960 Less than $35,000 23.3% 20.2% 30.0% 21.0% 29.5% 24.6%
$35,000 to $75,000 30.9% 33.5% 27.7% 25.8% 22.2% 28.1%
$75,000 to $150,000 29.5% 32.3% 29.2% 37.0% 21.1% 30.0% $150,000 or more 16.4% 14.1% 13.1% 16.2% 27.1% 17.3%
Population 25 years and over (By Education Level) 2,987 3,194 2,605 3,055 2,725 14,559 No High School Diploma 11.9% 11.2% 8.0% 14.7% 16.0% 12.4% Diploma, No College Degree 46.3% 47.8% 44.1% 45.8% 41.1% 45.2% Any College Degree 41.9% 41.0% 48.0% 39.5% 42.9% 42.5%
Occupied Housing Units 1,573 1,717 1,543 1,634 1,498 7,960 Owner occupied 63.8% 40.0% 40.8% 42.0% 52.7% 47.7%
Renter occupied 36.2% 60.0% 59.2% 58.0% 47.3% 52.3%
Population 5 years and over (By Language Spoken at
Home) 3,809 4,071 3,227 4,005 3,563 18,665
English only 64.7% 68.5% 70.7% 58.4% 65.0% 65.3%
Spanish 21.9% 17.8% 16.1% 22.1% 19.2% 19.5%
Asian and Pacific Island languages 10.5% 7.7% 8.4% 8.4% 8.0% 10.0% Other Indo-European languages 2.9% 5.9% 4.8% 4.8% 7.8% 5.2% Population With Poverty Status Determined (by Poverty
Status and Age) 3,942 4,394 3,508 4,353 3,796 19,983
Income Below Poverty Level Past 12 Months 7.2% 10.7% 7.4% 9.6% 14.4% 9.9% Income At or Above Poverty Level Past 12 Months 92.8% 89.3% 92.6% 90.4% 85.6% 90.1% Employment Status 16 years and over 3,480 3,488 2,873 3,574 3,057 13,415 In Labor Force 59.9% 72.0% 68.8% 63.4% 67.6% 65.9%
Civilian Employment 96.4% 94.5% 96.3% 98.1% 97.3% 96.3% Military 0.4% 0.0% 0.0% 0.4% 0.0% 0.2%
Unemployed 3.2% 5.5% 3.7% 1.5% 2.7% 3.5%
2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
Sequencing of Elections - Council Districts 2 and 4 in Nov. 2024 and Council Districts 1, 3, and 5 in Nov. 2026 9 Reg CC Mtg., April 18, 2023, Page # 235
City of Lomita
Draft Map #4 Demographic Profile
Council District 1 2 3 4 5 Total
2020 Census State Adjusted Redistricting Data
Total Population (Pop) 2020 Adjusted 4,060 4,145 4,254 4,306 4,217 20,982 Deviation (136) (51) 58 110 21
% Deviation -3.2% -1.2% 1.4% 2.6% 0.5% 5.9%
Latino 1,551 1,675 1,350 1,759 1,385 7,720
White 1,475 1,291 1,656 1,435 1,421 7,278
Black 130 198 169 186 580 1,263
American Indian 39 29 47 50 45 210
Asian 736 836 904 760 629 3,865
Hawaiian, Pacific Islander 54 35 22 28 22 161
Other Race 51 37 61 51 67 267
Multi Minority Race 24 44 45 37 68 218
Voting Age Population (VAP) 3,340 3,282 3,524 3,480 3,385 17,011 Latino 1,152 1,206 1,036 1,306 1,000 5,700
White 1,309 1,104 1,467 1,265 1,301 6,446
Black 98 175 138 137 368 916
American Indian 31 27 42 48 39 187
Asian 642 686 736 641 550 3,255
Hawaiian, Pacific Islander 48 21 15 21 22 127
Other Race 44 27 52 38 52 213
Multi Minority Race 16 36 38 242 53 167
Citizen Voting Age Population (CVAP) 2,931 2,657 2,617 3,174 2,866 14,245 Latino 794 784 538 870 999 3,985
White 1,324 1,160 1,612 1,206 1,383 6,685
Black 316 31 194 238 91 870
Asian 461 650 223 769 317 2,420
All Other 41 31 51 87 80 290
2020 Census State Adjusted Redistricting Data
2020 ACS CVAP Tabulation
Sequencing of Elections - Council Districts 2 and 4 in Nov. 2024 and Council Districts 1, 3, and 5 in Nov. 2026 10 Reg CC Mtg., April 18, 2023, Page # 236
City of Lomita
Draft Map #4 Demographic Profile
Council District 1 2 3 4 5 Total
2020 Census State Adjusted Redistricting Data
Total Households (By Household Income) 1,573 1,717 1,543 1,634 1,498 7,960 Less than $35,000 366 346 463 343 442 1,959
$35,000 to $75,000 486 575 425 421 333 2,240
$75,000 to $150,000 464 554 450 605 316 2,388
$150,000 or more 256 241 203 265 406 1,373
Population 25 years and over (By Education Level) 2,987 3,194 2,605 3,055 2,725 14,559 No High School Diploma 354 358 207 448 435 1,802
Diploma, No College Degree 1,383 1,526 1,148 1,400 1,121 6,574 Any College Degree 1,250 1,310 1,250 1,207 1,169 6,182
Occupied Housing Units 1,573 1,717 1,543 1,634 1,498 7,960 Owner occupied 1,004 687 629 687 790 3,795
Renter occupied 569 1,030 914 947 708 4,165
Population 5 years and over (By Language Spoken at
Home) 3,809 4,071 3,227 4,005 3,563 18,665
English only 2,466 2,790 2,282 2,337 2,316 12,185
Spanish 835 725 520 884 683 3,646
Asian and Pacific Island languages 398 314 270 562 287 1,861 Other Indo-European languages 110 242 154 191 278 974
Population With Poverty Status Determined (by Poverty
Status and Age) 3,942 4,394 3,508 4,353 3,796 19,983
Income Below Poverty Level Past 12 Months 284 471 259 418 545 1,976 Income At or Above Poverty Level Past 12 Months 3,656 3,922 3,249 3,935 3,251 18,007 Employment Status 16 years and over 3,480 3,488 2,873 3,574 3,057 13,415 In Labor Force 2,086 2,512 1,976 2,267 2,067 8,841
Civilian Employment 2,011 2,374 1,903 2,224 2,011 8,512 Military 8 - - 9 - 17
Unemployed 67 138 73 34 55 312
2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
Sequencing of Elections - Council Districts 2 and 4 in Nov. 2024 and Council Districts 1, 3, and 5 in Nov. 2026 11 Reg CC Mtg., April 18, 2023, Page # 237
First District.

The region bounded and described as follows: Beginning at the point of intersection of Pennsylvania Ave and Lomita Blvd, and proceeding northerly along Pennsylvania Ave to the City Boundary, and proceeding easterly and southerly along the City boundary to Lomita Blvd, and proceeding westerly along Lomita Blvd to Eshelman Ave, and proceeding southerly along Eshelman Ave to 250th St, and proceeding westerly along 250th St to Narbonne Ave, and proceeding northerly along Narbonne Ave to Lomita Blvd, and proceeding westerly along Lomita Blvd to the point of beginning.

Second District.

The region bounded and described as follows: Beginning at the point of intersection of Pennsylvania Ave and 246th Pl, and proceeding northerly along Pennsylvania Ave to Lomita Blvd, and proceeding easterly along Lomita Blvd to Narbonne Ave, and proceeding southerly along Narbonne Ave to Pacific Coast Hwy, and proceeding easterly along Pacific Coast Hwy to Oak St, and proceeding southerly along Oak St to the City boundary, and proceeding westerly along the City boundary to Cypress St, and proceeding northerly along Cypress St to 246th Pl, and proceeding westerly along 246th Pl to the point of beginning.

Third District.

Fourth District.

The region bounded and described as follows: Beginning at the point of intersection of Narbonne Ave and Pacific Coast Hwy, and proceeding northerly along Narbonne Ave to 250th St, and proceeding easterly along 250th St to Eshelman Ave, and proceeding northerly along Eshelman Ave to Lomita Blvd, and proceeding easterly along Lomita Blvd to the City boundary, and proceeding southerly along the City boundary to W 257th St, and proceeding westerly along W 257th St to Walnut St, and proceeding northerly along Walnut St to 257th St, and proceeding westerly along 257th St to Eshelman Ave, and proceeding southerly along Eshelman Ave to Pacific Coast Hwy, and proceeding westerly along Pacific Coast Hwy to the point of beginning.

Fifth District.

The region bounded and described as follows: Beginning at the point of intersection of the City boundary and Oak St, and proceeding northerly along Oak St to Pacific Coast Hwy, and proceeding easterly along Pacific Coast Hwy to Eshelman Ave, and proceeding northerly along Eshelman Ave to 257th St, and proceeding easterly along 257th St to Walnut St, and proceeding southerly along Walnut St to W 257th St, and proceeding easterly along W 257th St to the City boundary, and proceeding southerly, westerly, and northerly along the City boundary to the point of beginning. 12 Reg CC Mtg., April 18, 2023, Page # 238
1 TO: City Council
FROM: Trevor Rusin, City Attorney, and Ryan Smoot, City Manager MEETING DATE: April 18, 2023
SUBJECT: Discussion and Consideration of Ordinance No. 849, an Ordinance of the City Council of the City of Lomita, California Amending Title 2, Chapter 4, Section 2-4.01 of the Lomita Municipal Code Pertaining to City Council Member Compensation; and Finding the Action Exempt from the California Environmental Quality Act

RECOMMENDATION
1) After the City Attorney reads the title, introduce on first reading Ordinance No. 849 amending Title 2, Chapter 4, Section 2-4.01 of the Lomita Municipal Code pertaining to City Council member compensation;
2) Find the action exempt from CEQA; and
3) Direct staff to schedule second reading and adoption of Ordinance No. 849 for the May 2, 2023, Regular City Council Meeting.

ANALYSIS AND OPTIONS
In general Law cities such as Lomita, the salaries of members of the City Council are limited by Government Code Section 36516 (a)(2)(A) at no more than $300/month; however, Section 36516 (a)(4) explains that the salary of council members may be increased beyond the amount provided in (a)(2)(A) by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.

In addition to this, pursuant to California Government Code section 36516.5, any change to the compensation of a member of the City Council effective may only become effective after the next election. Government Code section 36516.5 states:
“A change in compensation does not apply to a council member during the council member’s term of office. This prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one Item No. PH 9b

CITY OF LOMITA

CITY COUNCIL REPORT
Reg CC Mtg., April 18, 2023, Page # 239
2 or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.” Currently, Council Members compensation is set by LMC Article II, Chapter 4, section 2-4.01. The Salary of members of the City Council is currently set at $390.00 monthly, and has been so since it was last adjusted in 1991 – more than 30 years ago.

During its March 18, 2023 public hearing related to the potential for members of the City Council to be elected by district, the City Council discussed recent difficulties in recruiting members of the community to serve on the City’s boards and commissions, as well as the difficulties and expenses associated with running for and serving on the City Council.

There was consensus among the Council Members that these expenses could be a deterrent to potential candidates, and prevent members of the community from seeking election, and the Council directed staff to bring back for discussion and consideration an ordinance amending the municipal code to adjust the salaries of future members of the City Council.

Since it was set in 1991, the salaries of members of the City Council have remained unchanged at $390.00 monthly. In that same time, the average rate of inflation has increased approximately 2.5% annually. If the salaries of members of the City Council were to be adjusted equivalently, they would currently be approximately $860.001 monthly. It should also be noted that in many agencies, members of the City Council are eligible for paid medical and other benefits, and often are provided a car allowance in lieu of mileage reimbursement. Although the Lomita City Council may elect to participate in the City’s medical and dental programs, the costs of that participation (with the exception of the PEMCHA minimum amount) are to be born entirely by the individual member.

In 2022, the City completed a Classification and Compensation study for its employees.

Although members of the City Council were not included in the comparison during that study, using the same comparator agencies, the median salary of members of the City Council was found to be $647.00/month, not including benefits of any kind.

The proposed ordinance, if adopted, would amend LMC Section 2-4.01 to adjust the salary from $390.00 (set in 1991) to $660 per month. This amount reflects the same planned adjustments recently provided to the City’s employees (95% median of comparator agencies plus approved COLAs).
1 This is below the maximum legal increase allowed under Government Code section 36516 (c) which limits increase to an amount not to exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. Pursuant to an Attorney General opinion, the increase may not be compounded – it is one calculation based on the total number of years, not five percent (5%) applied to the first year and then another five percent (5%) applied to that number. (See Gov.

Code, § 36516(a)(4)); 89 Ops.Cal.Atty.Gen. 159 (2006).) Thus, since the City Council’s salary is $390 per month and there has been no increase in 32 years, an ordinance could be adopted setting the salary at up to $1,014 per month. ($390 + ($390 x (32 x 5%) = $1,014)
Reg CC Mtg., April 18, 2023, Page # 240
3 Mileage Reimbursement
The City Council as a whole attend a number of out-of-area meetings on a monthly basis and currently many of them do not submit for mileage reimbursement even though they are eligible to do so. The proposed ordinance amendment would also provide an automobile allowance of $200 per month. This would have the added benefit of reducing future administrative costs and burdens on both the City Councilmembers themselves as well as the City’s staff in processing such requests.

FISCAL IMPACT
Annual additional fiscal impact going forward would be $16,200 per year which can be absorbed within the City Manager’s Department budget.

ATTACHMENTS

1. Ordinance No. 849
Prepared by: Approved by:

Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reg CC Mtg., April 18, 2023, Page # 241
ORDINANCE NO. 849

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, AMENDING TITLE 2, CHAPTER 4, SECTION 2-4.01 OF

THE LOMITA MUNICIPAL CODE PERTAINING TO COUNCIL MEMBER

COMPENSATION AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF LOMITA DOES FIND AND ORDAIN AS FOLLOWS:

SECTION 1. RECITALS

1. The purpose of this ordinance is to update Lomita Municipal Code relating to City Councilmembers compensation.

2. The last adjustment to the City Council monthly salary was over thirty years ago in 1991.

3. The City is in the process of contemplating moving from conducting at-large Council elections to by-district Council elections which would reduce the number of eligible candidates. The proposed modest compensation increase is intended to provide additional incentive for future candidates to file for office.

4. Currently, Councilmembers may submit monthly reimbursement requests for mileage for city-related activities which are processed by the Administrative Services Department.

SECTION 2. MUNICIPAL CODE AMENDMENTS.

Title II, Chapter 4, Section 2-4.01 of the Lomita Municipal Code is hereby amended to read as follows:

Sec. 2-4.01. - Councilmembers compensation and other benefits.

Upon the submission of an itemized account, any Councilmember may be reimbursed for his or her actual and necessary expenses incurred in the performance of official duty. The salary of the mayor and each member of the City Council shall be, and the same is hereby determined fixed and established at the sum of six hundred sixty dollars ($660.00) per month pursuant to the provisions of the section 36516 of the Government Code of the State of California. In lieu of any mileage or automobile reimbursement, an auto allowance for the mayor and each member of the City Council is hereby determined fixed and established at the sum of two hundred dollars ($200) per month.

City councilmembers shall be eligible for health and welfare benefits, as such term is defined in Section 53200 of the California Government Code, during their term of office, subject to (1) the terms of any plan of health and welfare benefits adopted by the City, (2) state laws imposing limits on health and welfare benefits for elected officials, and (3) any further rules and regulations adopted by City Council resolution.

Attachment 1
Reg CC Mtg., April 18, 2023, Page # 242
Ordinance No. 849

Page 2 of 2 ends

Page 2 ends

SECTION 3. CEQA
This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance would have a significant effect on the environment.

SECTION 4. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published or posted in the manner required by law. This Ordinance shall not apply to currently serving councilmembers, unless and until they begin a new term in office, in compliance with Government code section 36516.5.

PASSED, APPROVED AND ADOPTED this ____ day of ____, 2023. ________________________________
Barry Waite, Mayor
ATTEST:
______________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
Reg CC Mtg., April 18, 2023, Page # 243
1 TO: City Council
FROM: Ryan Smoot, City Manager
THROUGH: Brianna Rindge, Community & Economic Development Director PREPARED BY: Will Lawson, Senior Code Enforcement Officer II MEETING DATE: April 18, 2023
SUBJECT: Discussion and Consideration of an Ordinance Amending Lomita Municipal Code Title VI (Businesses, Professions and Trades), Chapter 8 (Massage Businesses and Practitioners) to Clarify Language And Specify Regulations, and Finding the Action to be Exempt from the California Environmental Quality Act

RECOMMENDATION
1) After the City Attorney reads the title, introduce on first reading an ordinance amending Lomita Municipal Code Title VI (Businesses, Professions and Trades), Chapter 8 (Massage Businesses and Practitioners) to clarify language and specify regulations; 2) Find the action exempt from the California Environment Quality Act (CEQA); and 3) Direct staff to schedule the second reading and adoption of the ordinance.

BACKGROUND
In 2015, City Council adopted Ordinance No. 773 requiring a massage registration certification for any massage-related business within the city. This certification is required prior to approval for a business license. About a year ago, the City implemented its online permitting platform and included business licensing and massage registration certification. As part of this process improvement, it was discovered that no massage businesses within the city maintain the required massage registration certification. As business’ licenses come due, the online system alerts applicants that the massage registration certification is required and will be enforced per Lomita Municipal Code.

In 2022, City Council recognized the need for expanded code enforcement efforts and allocated money to a part-time, contract code enforcement officer through 4LEAF, Inc.

The officer began on January 30, 2023, but was picked up mid-April as a full-time city employee for another jurisdiction. 4LEAF will be providing a replacement. In the Item No. PH 9c

CITY OF LOMITA

CITY COUNCIL REPORT
Reg CC Mtg., April 18, 2023, Page # 244
2 meantime, Lomita benefits from the efforts of one full-time code enforcement officer (a City employee, not on contract).

ANALYSIS
The services provided by 4LEAF have assisted in providing a cleaner, healthier, and safer environment for our residents. Since the start of services with the part-time contractor, the City has seen increases in key metrics such as case closure (52%), removal of illegal dumping (48%), graffiti removal (20%), and citations issued (13%). Compliance has improved Citywide. At the onset of the enforcement efforts, there were 24 active massage businesses in Lomita. Since then, of those 24 massage businesses: 5 businesses remain open in good standing; 14 businesses did not meet the requirements for approval; and 5 businesses’ licenses are due for review this summer.

Based on these metrics and to reduce volatility among other benefits, City staff are exploring the possibility of proposing an additional Code Enforcement position (part time or otherwise) as part of upcoming budget discussions.

At this time, staff recommends an update to 2015 massage ordinance at the recommendation of the California Massage Therapy Council Director of Governmental Affairs and Human Trafficking. The revisions will assist in more effective and efficient enforcement while also providing more clarity to those businesses operating within the City’s guidelines. The draft ordinance (Attachment 1) makes the following updates to the existing massage ordinance, Chapter 8 (“Massage Businesses and Practitioners” of “Title VI (“Businesses, Professions and Trades”) of the Lomita Municipal Code. Attachment 2 displays these changes as redlines to the existing ordinance and explains further reasoning for the clarification or update, but a summary of the key amendments is provided below:
• Treats establishments with a denied application for certification the same as those with a revoked certification (existing code is inconsistent); • Clarifies who is considered an employee;
• Provides that an appellant may bring a translator to an appeal hearing; • Requires self-closing doors on all dressing rooms;
• Requires a massage-specific table or chair to be used for all massage therapy; • Prohibits alcoholic beverages;
• Ensures compliance with all applicable building, fire, and health code regulations; • Prevents the storage of sexual paraphernalia and contraceptives; • Clearly prohibits any massage businesses from being used as a habitable dwelling;
• Specifies that the original, valid CAMTC Certificate and a passport-size photo identification of every massage practitioner shall remain on display; Reg CC Mtg., April 18, 2023, Page # 245
3 • Prohibits the storage of transparent or intimate clothing or garments; • Allows a caretaker to be present during the massage of an individual who is elderly, disabled, or a minor;
• Defines and prohibits the act or solicitation of prostitution; • Requires arrest, resignation, or termination of any employee to be reported to the City within 3 days; and
• Requires signage for closed businesses to be removed within 15 days of notification.

CEQA
The City Council finds that adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)

PUBLIC NOTICE
Notice of this hearing was published in the Daily Breeze Newspaper on March 24, 2023, and posted at City Hall and Lomita Park.

OPTIONS

1. Introduce the ordinance on first reading and schedule the second reading for May 2, 2023.

2. Introduce the ordinance on first reading with amendments and schedule the second reading for May 2, 2023.

3. Provide further direction.

ATTACHMENTS

1. Proposed ordinance

2. Redlined version
Reg CC Mtg., April 18, 2023, Page # 246
4 Will Lawson
Reviewed by: Approved by:
________________________ __________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
_________________________ __ _______________
Brianna Rindge, AICP Will Lawson
Community & Economic Development Director Senior Code Enforcement Officer Reg CC Mtg., April 18, 2023, Page # 247
Attachment 1
ORDINANCE NO. 850

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA,

CALIFORNIA, APPROVING AN AMENDMENT TO AN ORDINANCE TO

AMEND LOMITA MUNICIPAL CODE TITLE VI (BUSINESSES,
PROFESSIONS AND TRADES), CHAPTER 8 (MASSAGE BUSINESSES

AND PRACTITIONERS) TO CLARIFY LANGUAGE AND SPECIFY

REGULATIONS, AND FINDING THE ACTION TO BE EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND FINDING

THE ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Section 1. Recitals
A. In 2002, the City of Lomita established regulations pertaining to massage establishments and technicians (Ordinance No. 648); the City later amended the ordinance in 2007 (Ordinance No. 699), 2009 (Ordinance No. 725), 2013 (Ordinance No. 760), and 2015 (Ordinance No. 773);
B. There is a significant risk of health, safety, and welfare to massage clients by persons improperly trained and/or educated in providing massage services; C. The City Council desires to amend Chapter 8 of the Lomita Municipal Code to clarify reasonable standards for issuance of permits and restrictions on operations that would serve to reduce the risk of illegal activity and would thereby benefit the public health, safety, and welfare of the residents of the City; D. The requirements contained in this chapter are intended to be in addition to the requirement of a valid business license issued pursuant to Title VI, Chapter 2 of the Lomita Municipal Code;
E. On April 18, 2023, the City Council considered an amendment to Lomita Municipal Code Title VI (Businesses, Professions and Trades), Chapter 8 (Massage Businesses and Practitioners) to Clarify Language And Specify Regulations, and held a duly noticed public hearing and accepted testimony in regard to the same.

Section 2. Environmental Review
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

The City Council finds that adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the Reg CC Mtg., April 18, 2023, Page # 248
Ordinance No. 850

Page 2 of 21 ends

environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:

Section 3. Code Amendment
Based on the foregoing, the City Council hereby approves of the following amendments to Chapter 8 (“Massage Businesses and Practitioners”) of Title VI (“Businesses, Professions and Trades” of the Lomita Municipal Code:
“CHAPTER 8. - MASSAGE BUSINESSES AND PRACTITIONERS
Sec. 6-8.01. Applicability of chapter.

Except as otherwise provided, all of the provisions of this chapter shall be applicable to all massage businesses and all massage practitioners operating within the City of Lomita. This chapter shall not be construed in a manner that is inconsistent with any state law governing the practice of massage.

Sec. 6-8.02. Definitions.

As used in this chapter:

Ancillary massage services means those services where less than twenty (20) percent of the gross floor area of the business is devoted to massage.

California Massage Therapy Council or CAMTC means the massage therapy organization formed pursuant to Business and Professions Code Sections 4600 et seq.

Certified massage practitioner means any individual certified by the California Massage Therapy Council (CAMTC) as a certified massage therapist, certified massage practitioner, or conditionally certified massage practitioner pursuant to California Business and Professions Code Sections 4600 et seq.

City means the City of Lomita, California.

City manager means the city manager of the City of Lomita or designee.

City registration certificate or registration certificate or registration means a certificate issued by the city to a massage business to practice massage for compensation pursuant to this title and this chapter.

Client means the customer or patron who pays for or receives massage services.

Community development director or director means the community development director of the City of Lomita or designee.

Compensation means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

Reg CC Mtg., April 18, 2023, Page # 249
Ordinance No. 850

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Day means calendar day, unless otherwise specifically expressed.

Disqualifying conduct means any of the following:
(a) Within five (5) years immediately preceding the date the city registration application was filed, or any time thereafter, the person has committed or been convicted in a court of competent jurisdiction of the commission of or any attempt to commit, directly or indirectly, or assisting in or abetting the commission of, or conspiring to commit:
(1) A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code section 290; (2) Any violation of California Penal Code sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 314, 315, 316, 318, 653.22, 653.23 or subsections (a), (b) or (d) of section 647;
(3) Any other crime involving dishonesty, fraud, deceit, or moral turpitude; (4) A violation of California Penal Code section 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the crimes previously listed in subsections (1) through (3) above; (5) Any crime committed while engaged in the management or ownership of a massage business or the practice of massage;
(6) A violation of California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058; or
(7) Any offense in another state or territory of the United States which is the equivalent of any of the above offenses.
(b) Within five (5) years of the date immediately preceding the date the application was filed, or any time thereafter, any applicant or employee whose city registration certificate, CAMTC certification, or trainee registration certificate or permit, which was issued by the State of California or any county or city has been denied, suspended, or revoked for good cause;
(c) Committing or maintaining a nuisance pursuant to California Penal Code sections 11225 through 11235, and/or Health and Safety Code sections 11570 et seq., for which a permanent injunction was issued, or committing a violation of any similar provisions of law in another state or territory of the United States; or
(d) Committing a violation of any provision of this chapter provided that the applicant received timely notice of the violation.

Employee means any person hired by a massage business or owner who renders any service for the business/owner in exchange for any form of compensation from the business, including independent contractors.

Hearing officer means the administrative hearing officer appointed by the city manager to conduct an administrative hearing pursuant to this chapter.

Reg CC Mtg., April 18, 2023, Page # 250
Ordinance No. 850

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Manager means the person(s) designated by the massage business owner to act as the representative and agent of the owner in managing day-to-day operations with corresponding responsibilities. The term "manager" may also include an owner.

Massage or massage therapy means the skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Examples of massage include but are not limited to Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work and reflexology.

Massage business or business means any business that offers massage therapy in exchange for compensation. Any business that offers any combination of massage therapy and bath facilities - including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs - shall be deemed a massage business under this chapter. The term "massage business" includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship. For purposes of this chapter, "massage business" shall include, without limitation, the advertising and soliciting of massages, and includes, but is not limited to, a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, as well as a massage business which employs massage practitioners.

Massage business owner or owner means any of the following persons:
(a) Any person who is a general partner of a general or limited partnership that owns a massage business.
(b) Any person who has a five (5) percent or greater ownership interest in a corporation that owns a massage business.
(c) Any person who is a member of a limited liability company that owns a massage business.
(d) Any person who has a five (5) percent or greater ownership interest in any other type of business association that owns a massage business.

Massage practitioner or practitioner means any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).

Reception area means an area immediately inside the front door of the massage business dedicated to the reception and waiting of clients of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

Registration certificate holder means the applicant named on the application for a registration certificate and all massage business owners.

Rent-space massage therapist or rent-space therapist means a person who practices massage at a massage business but is not an employee of the business.

Reg CC Mtg., April 18, 2023, Page # 251
Ordinance No. 850

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Sole proprietorship means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.

Visitor means any person who enters a massage business and who is neither a client, owner, manager, nor employee of the business.

Sec. 6-8.03. Exemptions.

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
(a) Complete exemption. The requirements of this chapter shall not apply to the following individuals:
(1) Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of the licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person. (2) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exemption shall only apply if the massaging of the neck, face and/or scalp, hands or feet of the clients is ancillary to the primary service being provided by the barber or beautician. (3) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment. (4) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
(5) Any other business or profession exempt from the provisions of this chapter by state law.
(b) Limited exemption. In addition to any other applicable provisions of this chapter, businesses that offer ancillary massage services shall only be required to comply with the provisions set forth in this section for the massage portion of the business. The business shall comply with the following provisions:
(1) Massage services must be performed by a certified massage practitioner;
(2) Subsection 6-8.05(f) related to facility requirements as they pertain to the portion of business that is utilized for massage;
(3) Subsection 6-8.05(g) related to operational requirements; and (4) Section 6-8.13 related to inspections.

Reg CC Mtg., April 18, 2023, Page # 252
Ordinance No. 850

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(c) Any person claiming exception under this section shall furnish satisfactory evidence to the city manager upon request that he or she is entitled to the exemption, including, proof of bona fide employment or, if applicable, a citation to the particular provision of state law upon which that person relies.

Sec. 6-8.04. Requirements for individuals practicing massage.

It shall be unlawful for any individual to practice massage therapy for compensation as a sole practitioner or employee of a massage business or in any capacity within the city unless that individual is a certified massage practitioner.

Reg CC Mtg., April 18, 2023, Page # 253
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(7) For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any local, state, or federal law, or the provisions of this chapter may result in denial or revocation of the business's city registration certificate. (8) The massage license and registration history of all of the owners, including whether the owner has operated any massage business or similar business or occupation within any other county, city, or state; and whether or not the applicant, in previously operating a massage business, has had the license or registration certificate revoked, suspended, or denied. In the case of revocation, suspension, or denial, the owner shall also include within the form the reason(s) therefor, and any employment obtained subsequent to any revocation, suspension, or denial.
(9) The employment history of each owner for five (5) years preceding the date of the application, the inclusive dates of the employment history, and the name and address of any massage business or similar business owned by the individual, whether inside or outside the city. Employment history shall also include whether the owner, including a corporation or partnership, or a former employer of the applicant while so employed, was ever subjected to an abatement proceeding under California Penal Code sections 11225 through 11235, or any similar provisions of law in a jurisdiction outside the state.
(10) For each owner of the massage business that is a certified massage practitioner, a copy of that person's current certification from the California Massage Therapy Council as a certified massage practitioner or certified massage therapist,, and copy of that person's CAMTC-issued identification card.
(11) For each owner that is not CAMTC certified, current fingerprints taken by the Los Angeles County Sheriff's Department or a certified and approved California Live Scan Fingerprinting Center for the purpose of conducting a background check on behalf of the city, to determine the criminal history of the applicant, including whether the applicant has been convicted of any felony, misdemeanor, infraction, or municipal code violation, or has been held liable for any administrative or civil action, for an act that is substantially related to the practice of massage or disqualifying conduct. (12) The name of each person the massage business employs or retains to perform massage therapy for compensation. For each person the massage business does or will employ or retain to perform massage therapy for compensation, a copy of that person's current certification from the California Massage Therapy Council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner Reg CC Mtg., April 18, 2023, Page # 254
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and a copy of that person's CAMTC-issued identification card for each certified massage practitioner.
(13) The name and address of the owner of the real property upon, in, or from which the massage business is to be operated. In the event the applicant or owner is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the massage business and the property owner authorizing use of the premises for a massage business, or, alternatively, if there is no written lease, then a written, notarized acknowledgement from the property owner that the property owner has been advised that a massage business will be operated by the applicant upon, in, or from the property owner's property. (14) Proof of current and valid workers' compensation insurance from an insurer authorized to do business in California, in an amount as required by law. (15) Authorization for the city, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the registration certificate.
(16) The name of the individual to receive notices on behalf of the business. (17) Any other identification and information necessary to discover the truth of the matters required to be set in the application.
(c) Any changes to the application information during the period the city is reviewing the application shall be immediately reported to the city. Failure to report these changes shall result in denial of application.
(d) Approval or denial of city registration certificate and massage business registration certificate renewals.
(1) Within thirty (30) days following receipt of a completed application, the community development director shall either issue the registration certificate or mail a written statement of the reasons for denial as set forth below. The director shall deny a registration certificate to the applicant where any of the following conditions exist:
a. The applicant or any owner has procured or attempted to procure a registration certificate or other license by fraud, misrepresentation or material misstatement;
b. The applicant or any owner is a person who, as established by clear and convincing evidence, has engaged in disqualifying conduct as defined in this chapter within five (5) years immediately preceding the date of filing of the application;
c. The massage business, as proposed by the applicant, if permitted, would not comply or has not complied with all the applicable laws, including, but not limited to, all the city's building, fire, zoning, and health regulations;
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d. The applicant or any owner has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage businesses;
e. The applicant is less than eighteen (18) years of age; f. The application is incomplete, and the required supplementary documents were not submitted within twenty (20) days of a request for these documents by the community development director;
g. The applicant or any owner has been denied for good cause a business registration certificate or license; has had their registration certificate or registration revoked, suspended, or restricted for good cause; has been proven to have violated any ordinance related to the practice of massage; or has had any other disciplinary action taken for good cause against them by another city, state, county or territory of the United States, or by any other government agency; or
h. The applicant or any owner is indebted to the city for any unpaid fee or fine.
(2) If prosecution is pending against the applicant or any owner for either conduct violating this chapter's provisions or conduct violating Business and Professions Code section 4600 et seq., the director may postpone the decision on the application until the prosecution's final resolution. As used in this subsection, prosecution means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil or criminal action maintained by the Lomita City Attorney or prosecution attorney.
(e) Decision and appealing the denial of city registration certificate and city registration certificate renewals.
(1) Upon determining that grounds for denial exist, the community development director shall furnish written notice of the denial to the applicant. The notice shall summarize the principal reasons for the denial, shall state that the applicant may request an appeal hearing within fifteen (15) days of the postmarked date on the notice, and shall be delivered by mail to the applicant as that name and address appear on the application. Within fifteen (15) days after the mailing of the notice, the applicant may file a request for an appeal hearing with the city clerk. An application for an appeal must include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed. An appeal must be accompanied by supporting evidence substantiating the basis for the appeal. The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal statement.
(2) Upon receipt of a timely filed appeal and payment of the appropriate fee, the city clerk shall set the matter for hearing before the hearing officer. The hearing shall be held not fewer than ten (10) days nor more than thirty (30) Reg CC Mtg., April 18, 2023, Page # 256
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days from the date of the appeal request. The hearing may be continued upon the mutual consent of the parties. The appellant may bring a translator or interpreter to the hearing at their sole expense.
(3) The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven (7) days prior to the hearing.
(4) At the time of the hearing, the hearing officer shall review the records and files relating to the decision.
(5) The hearing officer shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter. (6) In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of the evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to relay in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions.
(7) The appellant shall have the burden of proving that he or she meets the requirements for issuing the certificate in the first instance; the city shall have the burden in proving that grounds exist for denying, revoking, suspending, conditioning or failing to renew a registration. (8) Based upon the evidence presented at the hearing, the hearing officer shall determine whether the director's decision should be affirmed, modified or reversed. The hearing officer's decision is final.
(9) The hearing officer's decision shall be communicated in writing to the appellant within seven (7) days after the close of the hearing and submission of the matter to the hearing officer for decision. (10) The decision of the hearing officer shall include notice that the decision is final and is subject to judicial review pursuant to California Civil Procedure Code section 1094.5, and that any action filed in the superior court shall be filed within the time period provided by law.
(f) Facilities prerequisite to registration certificate issuance. A registration certificate shall not be issued pursuant to this chapter unless an inspection reveals that the business complies with each of the following minimum requirements of this chapter and title XI of this Code:
(1) Facility requirements.
a. No massage or massage services shall be given in a business, or premises registered pursuant to this chapter, in any room or space enclosed or divided by walls and fitted with a door capable of being locked from the inside. This section shall not apply to the business's Reg CC Mtg., April 18, 2023, Page # 257
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external doors and shall not operate to prohibit a massage business from locking its external doors if the business is a business entity owned by one (1) individual with one (1) or no employees or independent contractors.
b. A list of services available and the cost of the services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and any other languages that the business chooses. Only services on the posted list shall be performed. c. Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.
d. Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) client. Soiled linens and paper towels shall be deposited in separate, approved receptacles. e. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition.
f. Adequate bathing, dressing, locker, and toilet facilities shall be provided for clients. A minimum of one (1) tub or shower; one (1) dressing room separate from all other rooms with a self-closing door, containing a separate locker for each client to be served, which locker shall be capable of being locked; as well as a minimum of one (1) toilet and washbasin, shall be provided in every massage business; provided, however, that if male and female clients are to be served simultaneously at the business, separate bathing, massage room(s), dressing room(s), and toilet facilities shall be provided for male and female clients. This requirement may be modified upon approval of the city manager if the services provided, or site plan do not necessitate some or all of these facilities.
g. A minimum of one (1) wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin. Hot and cold running water shall be provided at all times.
h. In the reception area, in letters that are a minimum of one (1) inch in height, a notice in English (and any other language that the business chooses) that provides substantially as follows:

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“THIS MASSAGE BUSINESS AND THE MASSAGE ROOMS DO NOT

PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO

INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT PRIOR
NOTICE”
i. No room or space enclosed or divided by walls and fitted with a door where massage or massage services are performed shall be equipped with any electronic, mechanical, or artificial device used or capable of being used, for the recording or videotaping of visual images and/or sound.
j. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed or required. k. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. The tables shall be sanitized after each use. A massage table or professional massage chair specifically designed for seated massage shall be used for all massage therapy, with the exception of “Thai,” “Shiatsu,” and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen (18) inches.
l. A massage business shall operate only under the name specified in its city registration certificate.
m. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. n. No person shall store alcoholic beverages in massage work areas. o. No person shall distribute or consume any alcoholic beverages and/or controlled substances on licensed premises.
p. All massage establishments shall continuously comply with all applicable building, fire, and health ordinances and regulations. q. Sexual paraphernalia, condoms, or any form of contraceptive shall not be stored on the licensed premises.
r. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes, which may be shown by circumstantial evidence such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils, or food in excess of a business establishment’s normal requirements.

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(g) Operating requirements.
(1) Massage may be provided only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open, and no massage services shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at 9:00 p.m. (2) The owner and manager of a massage business shall be responsible for displaying the city registration certificate and the original, valid CAMTC certificate of each and every massage practitioner employed in the business in an open and conspicuous place on the premises. Passport-size photographs of the certificate holder shall be affixed to the respective certificate on display pursuant to this section. The CAMTC photo identification shall remain on the premises while the massage therapist is on the premises.
(3) For each massage service provided, every massage business shall keep a complete and legible written record of the following information:
a. The date and hour that service was provided;
b. The service received;
c. The name or initials of the employee entering the information; and d. The name of the employee administering the service.

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e. Attire worn in a manner that is otherwise deemed by the California Massage Therapy Council to constitute unprofessional attire based on the custom and practice of the profession in California; f. Provocative, transparent, or intimate apparel shall not be stored on the licensed premises.
(5) At all times during the massage, the client's genitals shall be fully covered and contact shall not be made with the genitals.
(6) The premises' exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours (including electronic locking devices) or when clients are present. External doors may only be locked during business hours if the massage business is a business entity owned by one (1) individual with one (1) or no employees or independent contractors who are not employees of the business and there is no staff available to assure security for clients and massage staff behind closed doors.
(7) During hours of operation, no person other than the listed manager on duty, an employee, or a client shall be allowed beyond the reception area of the massage business.
(8) Clients and visitors shall only be permitted in the massage business during the hours of operation.
(9) Visitors shall only be permitted in the reception area of the massage business; however the following exceptions may apply:
a. The parent or guardian of a patron who is a minor may be present in the massage therapy room with that minor;
b. The minor of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the minor; and c. The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person.
(10) Clients shall only be permitted in massage treatment areas if at least one (1) massage practitioner is on the premises.
(11) The massage business shall be supervised, during all hours of operation, by a manager specified in the city's registration application. The manager shall wear a badge with the manager's name and it should clearly state the word "manager" on the badge. The name of the manager on duty shall be posted in a conspicuous place within the reception area daily. (12) The owner and manager shall maintain a register of all owners, operators and managing employees of the massage establishment, all massage professionals, and other persons employed or retained by the massage establishment. The employee register shall be maintained on the premises for a minimum period of two (2) years following an employee's termination.

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The owner and manager shall make the employee register immediately available for inspection upon demand by a representative of the Los Angeles County Sheriff's Department or the city at all reasonable times. The employee register shall include, but not be limited to the following information:
a. The individual’s name, nicknames, and/or aliases.
b. A good quality color photocopy of a lawfully issued CAMTC certificate for each employee and rent-space therapist that provides massage services.
c. The individual's home address and relevant phone numbers (including but not limited to home and cellular numbers).
d. The individual's age, date of birth, gender, height, weight, color of hair and eyes.
e. The date of employment and termination, if applicable, or, in the case of a rent-space therapist, the start and end dates of the lease agreement, as well as a copy of the agreement for all employees.
f. The duties of each employee.
(13) While the city registration is in effect and at all times during operation, the massage business shall fully maintain current and valid workers' compensation insurance as required by law. Proof of insurance shall be maintained on the premises at all times.
(14) The massage business shall apply to the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which changes the registration information initially provided to the city pursuant to section 6-8.05, including, but not limited to the termination of certified massage practitioners. There shall be no charge for an amended registration certificate unless the director determines that the changes are substantial, and a new certificate is required. (h) A city registration certificate issued pursuant to the terms of this chapter shall be valid for a term of one (1) year from the date of issuance and, unless suspended or revoked, may be renewed annually upon application by the massage business owner so long as the massage business is operating within the city. No registration certificate shall confer any vested right to any person or business for more than the registration period.

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violation and, one thousand dollars ($1,000.00) for each additional violation of the same provision within one year of the first violation. (b) Prostitution. It shall be unlawful for any owner, manager, massage practitioner, or any employee or agent to knowingly harbor, admit, receive, or permit to be or remain in or about such premises any prostitute or any person under the influence of any narcotic or dangerous drug or to perform or allow to be performed any act, massage, or manipulation in which contact is made with another’s genital areas either by hand, body, or by any mechanical device or object, whether it is covered or uncovered; clothed or unclothed, in whole or in part.

Sec. 6-8.07. City registration certificate suspension or revocation. (a) In addition to any other remedy available to the city under this Code or state law, any registration certificate may be suspended or revoked by the director where it is found by substantial evidence that any of the following have occurred:
(1) The registration certificate holder and/or agent has violated any provision of this chapter or the grounds for denial of the registration certificate exist; (2) The registration certificate holder and/or agent is a person who has engaged in disqualifying conduct as defined in this chapter; (3) The registration certificate holder and/or agent has failed to comply with one (1) or more of the facilities and operations requirements of this chapter; (4) The registration certificate holder and/or agent has engaged in fraud, misrepresentation, or false statement in conducting the massage business; (5) The registration certificate holder and/or agent has continued to operate the massage business after the city registration certificate or registration has been suspended; or
(6) The registration certificate holder and/or agent has failed to apply with the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which substantially changes the registration information initially provided to the city pursuant to section 6-

8.05, including, but not limited to the termination of certified massage practitioners; or
(7) Massage treatments have been performed on the premises of the massage business, with or without the registration certificate holder's actual knowledge, by any person who:
a. Does not have a valid CAMTC certification; or
b. As established by clear and convincing evidence, has engaged in conduct or has been convicted of the offenses described as disqualifying conduct.

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The notice shall summarize the principal reasons for the proposed revocation or suspension, shall state that the registration certificate holder may request a hearing within fifteen (15) days of the postmarked date on the notice, and shall be delivered by mailing the notice to the location of the massage business (and the person designated for service on the certificate, if different) and the property owner. Within fifteen (15) days after the mailing of the notice, the registration certificate holder may file a request for a hearing with the community development director. If the request for a hearing is timely filed and the appropriate fee is paid, the community development director shall schedule the suspension/revocation hearing.
(b) Upon timely receipt of a written request for a hearing, the community development director shall conduct a hearing within forty-five (45) days of the filing of the request. The hearing may be continued upon the mutual consent of the parties. Notice of time and place of the hearing shall be given to the registration certificate holder by mailing the notice to the location of the massage business (and the person designated for service on the certificate, if different) and the property owner at least fifteen (15) days in advance of the date set for the hearing. At the hearing, the director shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter. In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of the evidence improper over objection in civil actions.

Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions. (c) At the conclusion of the hearing, the community development director shall have fifteen (15) days to decide whether the grounds for revocation or suspension exist and shall submit a written report with its conclusions. If the community development director determines that any grounds for revocation or suspension exist, as provided in section 6-8.07 of this chapter, the director shall revoke or suspend the registration certificate. A copy of the decision shall be mailed to the massage business and to the person designated for service on the certificate, if different, and the property owner. The resolution shall provide notice of the right to appeal the decision. Within fifteen (15) days after the mailing of the notice, the registration certificate holder may file a request for an appeal hearing with the city clerk. An application for an appeal must include a general statement specifying the basis for the appeal and the specific issue of the decision being appealed. An appeal must be accompanied by supporting evidence substantiating the basis for the appeal and the appropriate fee for an appeal Reg CC Mtg., April 18, 2023, Page # 264
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hearing. The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal statement. (d) If a timely appeal is filed, the effect of the community development director's decision will be stayed pending the hearing officer's resolution of the matter unless the community development director specifically finds that the public health and safety is endangered.
(e) The appeal hearing before the hearing officer shall be conducted as described above for appeal hearings in [subsections] 6-8.05(e)(2)—(10). Notice of the appeal hearing and decision shall also be mailed to the property owner. (f) Upon revocation of a city registration certificate, the massage business shall immediately cease operation and surrender the registration certificate, and, if so ordered by the community development director, no other massage business shall be permitted to operate at that location by any person for a period of one (1) year. If the operator is not also the legal owner of the real property on which the massage business is situated, notice of the revocation and the period of prohibition shall be provided by the community development director to the property owner.

Sec. 6-8.09. Conditions of approval.

The director or hearing officer may condition any city registration certificate if they find that grounds for denial or revocation of a registration certificate exist.

Sec. 6-8.10. Hearing fees.

All hearings held as provided in this chapter may be subject to a filing fee in an amount established by the city council resolution.

Sec. 6-8.11. Reapplication after denial or revocation.
(a) An applicant for a city registration certificate under this chapter whose application for registration has been denied or revoked may not reapply for registration for a period of one (1) year from the date of the denial. However, a reapplication prior to the termination of one (1) year may be made if accompanied by evidence that the ground(s) for denial or revocation of the application no longer exist.

Notwithstanding, if an application or renewal is denied or a city registration certificate is revoked due to disqualifying conduct or criminal activity at the business, no reapplication for a new massage business at the same location will be accepted within one (1) year after the effective date of the denial. (b) A registration certificate holder under this chapter whose registration or renewal has been revoked or denied may not reapply for a registration certificate for a period of one (1) year from the date of the revocation or denial. (c) If an application or renewal is denied due to disqualifying conduct or criminal activity at the business, no reapplication for a new massage business at the same location will be accepted within one (1) year after the effective date of the denial.

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Sec. 6-8.12. No refund of fee.

No refund or rebate of a registration certificate fee shall be allowed regardless of whether the city registration certificate has been denied, suspended, or revoked, or because the registration certificate holder discontinues an activity for which a city registration certificate is required pursuant to this chapter.

Sec. 6-8.13. Inspection by officials.

The investigating and enforcing officials, including but not limited to the Los Angeles County Sheriff's Department; Los Angeles County Health Department; or the city's community development director, code enforcement, or building and safety officials, or their designees, shall have the right to enter all interior and exterior portions of the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this chapter. It is unlawful for any person having responsibility over the operation of a massage establishment to impede, obstruct, interfere with, or otherwise not to allow the city to conduct an inspection and, review or copy records, recordings or other documents required to be maintained by a massage establishment under this chapter or under state law. Failure to cooperate with or refuse an inspection is subject to denial, suspension, revocation, or nonrenewal of a license. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a massage establishment under this chapter.

Sec. 6-8.14. Notifications.

A massage business shall report to the city's business license department any of the following within three (3) days of the incident:
(a) Arrests of any employees, owners, or managers of the registrant's massage business for an offense other than a misdemeanor traffic offense; (b) Resignations, terminations, or transfers of certified massage practitioners employed by the registrant's massage business;
(c) The occurrence of any event involving the registrant's massage business, or the massage practitioners employed there that constitutes a violation of this chapter or state or federal law.

Sec. 6-8.15. Unlawful business practices may be enjoined; remedies cumulative.

Any massage business operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code section 17200 et seq., and the city attorney or district attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in the superior court of Los Angeles County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, Reg CC Mtg., April 18, 2023, Page # 266
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including but not limited to fines, attorneys' fees and costs. All remedies provided for in this chapter are cumulative.

Sec. 6-8.16. Public nuisance.

It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or maintained contrary to the provisions of this chapter. The city may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law. Any signage or advertisement for a business which has ceased operation as a result of a denied or revoked city registration certificate shall be removed within fifteen (15) days of the denial or revocation unless the decision is timely appealed and allowed to operate at the direction of the appeal hearing officer.

Sec. 6-8.17. Business location change.

Upon a change of location of a massage business, a new application shall be made to the director for a city registration certificate pursuant to the requirements of section 6-8.05 prior to commencing operation at the new location. The application shall be granted, provided all applicable provisions of this chapter and title XI are complied with, and a change of location fee in an amount established by city council resolution to defray the costs of investigation and report has been paid to the city. A new location shall be subject to an inspection under [section] 6-8.13 before a new registration will be issued.

Sec. 6-8.18. Sale or transfer of massage business interest.

A sale or transfer of any interest in a massage business, which interest would be reported as required in this chapter upon application for a city registration certificate, shall be reported to the city manager within ten (10) days of the sale or transfer. The city manager shall investigate any person receiving any interest in a massage business as a result of the sale or transfer, and if the person satisfies the requirements relating to city registration certificate applicants, the existing registration certificate shall be endorsed to include the person. A fee as set by resolution of the city council shall be paid to the city for the investigation by the city manager necessitated by each sale or transfer.

Sec. 6-8.19. Registration certificate holder responsibility.

It is the responsibility of a registration certificate holder to ensure that a massage establishment complies with all applicable state and local laws at all times. In construing and enforcing this chapter, the act, omission, or failure of an agent, officer, representative, independent contractor, or other person acting for or employed by a registration certificate holder, within the scope of his or her employment or office, shall in every case be deemed the act, omission, or failure of the registration certificate holder.”
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Section 4.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.

Section 5. Effective Date
This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.

PASSED, APPROVED, AND ADOPTED this day of 2023.
____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
Reg CC Mtg., April 18, 2023, Page # 268

LOMITA MUNICIPAL CODE
Title VI - BUSINESSES, PROFESSIONS AND TRADES
CHAPTER 8. MASSAGE BUSINESSES AND PRACTITIONERS

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CHAPTER 8. MASSAGE BUSINESSES AND PRACTITIONERS
Sec. 6-8.01. Applicability of chapter.

Sec. 6-8.02. Definitions.

As used in this chapter:

Ancillary massage services means those services where less than twenty (20) percent of the gross floor area of the business is devoted to massage.

California Massage Therapy Council or CAMTC means the massage therapy organization formed pursuant to Business and Professions Code Sections 4600 et seq.

City means the City of Lomita, California.

City manager means the city manager of the City of Lomita or designee.

Client means the customer or patron who pays for or receives massage services.

Community development director or director means the community development director of the City of Lomita or designee.

Compensation means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

Day means calendar day, unless otherwise specifically expressed.

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(6) A violation of California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058; or
(7) Any offense in another state or territory of the United States which is the equivalent of any of the above offenses.
(b) Within five (5) years of the date immediately preceding the date the application was filed, or any time thereafter, any applicant or employee whose city registration certificate, CAMTC certification, or trainee registration certificate or permit, which was issued by the State of California or any county or city has been denied, suspended, or revoked for good cause; (c) Committing or maintaining a nuisance pursuant to California Penal Code sections 11225 through 11235, and/or Health and Safety Code sections 11570 et seq., for which a permanent injunction was issued, or committing a violation of any similar provisions of law in another state or territory of the United States; or
(d) Committing a violation of any provision of this chapter provided that the applicant received timely notice of the violation.

Hearing officer means the administrative hearing officer appointed by the city manager to conduct an administrative hearing pursuant to this chapter.

Massage business owner or owner means any of the following persons:
(a) Any person who is a general partner of a general or limited partnership that owns a massage business.
(b) Any person who has a five (5) percent or greater ownership interest in a corporation that owns a massage business.
(c) Any person who is a member of a limited liability company that owns a massage business. (d) Any person who has a five (5) percent or greater ownership interest in any other type of business association that owns a massage business.

Commented [BR1]: For consistency
Commented [BR2]: For consistency
Reg CC Mtg., April 18, 2023, Page # 270

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Registration certificate holder means the applicant named on the application for a registration certificate and all massage business owners.

Rent-space massage therapist or rent-space therapist means a person who practices massage at a massage business but is not an employee of the business.

Visitor means any person who enters a massage business and who is neither a client, owner, manager, nor employee of the business.

Sec. 6-8.03. Exemptions.

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
(a) Complete exemption. The requirements of this chapter shall not apply to the following individuals:
(1) Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of the licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
(2) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exemption shall only apply if the massaging of the neck, face and/or scalp, hands or feet of the clients is ancillary to the primary service being provided by the barber or beautician. (3) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
(4) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment. (5) Any other business or profession exempt from the provisions of this chapter by state law. (b) Limited exemption. In addition to any other applicable provisions of this chapter, businesses that offer ancillary massage services shall only be required to comply with the provisions set forth in this section for the massage portion of the business. The business shall comply with the following provisions:
(1) Massage services must be performed by a certified massage practitioner; (2) Subsection 6-8.05(f) related to facility requirements as they pertain to the portion of business that is utilized for massage;
(3) Subsection 6-8.05(g) related to operational requirements; and (4) Section 6-8.13 related to inspections.
(c) Any person claiming exception under this section shall furnish satisfactory evidence to the city manager upon request that he or she is entitled to the exemption, including, proof of bona fide employment or, if applicable, a citation to the particular provision of state law upon which that person relies.

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Sec. 6-8.04. Requirements for individuals practicing massage.

Sec. 6-8.05. Requirements for massage businesses.
(a) It shall be unlawful for any massage business to provide massage services unless all of the following requirements are met:
(1) All of the individuals employed by the massage business to perform massage are certified massage practitioners;
(2) The business has a valid city business license under this title; and (3) The business has a valid city registration certificate under this chapter. a. Submission of an application for a registration certificate does not authorize the operation of a massage establishment unless and until such registration certificate has been granted by the city.
(b) Application for city registration certificate. The application for new and renewal city registration certificates shall include the following information, without limitation, and an application fee in an amount established by city council resolution:
(1) The legal name, address and telephone number of the massage business. (2) A floor plan indicating how the use is proposed to be conducted within the premises, a list of services to be provided, and a description of any other business operated on the same premises. (3) Legal names of all owners of the massage business and the names of all managers. (4) Home address and telephone number and business address and telephone number of all owners of the massage business, and any previous home addresses for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (5) For all owners, a valid and current drivers' license and/or photo identification issued by a state or federal governmental agency, or other photographic identification bearing a bona fide seal by a foreign government.
(6) The form of business under which the massage business will be operating (i.e. corporation, general or limited partnership, limited liability company, or other form). (7) For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any local, state, or federal law, or the provisions of this chapter may result in denial or revocation of the business's city registration certificate.
(8) The massage license and registration history of all of the owners, including whether the owner has operated any massage business or similar business or occupation within any other county, city, or state; and whether or not the applicant, in previously operating a massage business, has had the license or registration certificate revoked, suspended, or denied. In the case of revocation, suspension, or denial, the owner shall also include within the form the reason(s) therefor, and any employment obtained subsequent to any revocation, suspension, or denial. (9) The employment history of each owner for five (5) years preceding the date of the application, the inclusive dates of the employment history, and the name and address of any massage business or similar business owned by the individual, whether inside or outside the city.

Employment history shall also include whether the owner, including a corporation or partnership, or a former employer of the applicant while so employed, was ever subjected to an abatement Commented [BR3]: Already a requirement
Commented [BR4]: For consistency
Reg CC Mtg., April 18, 2023, Page # 272

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proceeding under California Penal Code sections 11225 through 11235, or any similar provisions of law in a jurisdiction outside the state.
(10) For each owner of the massage business that is a certified massage practitioner, a copy of that person's current certification from the California Massage Therapy Council as a certified massage practitioner or, certified massage therapist, or conditionally certified massage practitioner, and copy of that person's CAMTC-issued identification card. (11) For each owner that is not CAMTC certified, current fingerprints taken by the Los Angeles County Sheriff's Department or a certified and approved California Live Scan Fingerprinting Center for the purpose of conducting a background check on behalf of the city, to determine the criminal history of the applicant, including whether the applicant has been convicted of any felony, misdemeanor, infraction, or municipal code violation, or has been held liable for any administrative or civil action, for an act that is substantially related to the practice of massage or disqualifying conduct.
(12) The name of each person the massage business employs or retains to perform massage therapy for compensation. For each person the massage business does or will employ or retain to perform massage therapy for compensation, a copy of that person's current certification from the California Massage Therapy Council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner and a copy of that person's CAMTCissued identification card for each certified massage practitioner. (13) The name and address of the owner of the real property upon, in, or from which the massage business is to be operated. In the event the applicant or owner is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the massage business and the property owner authorizing use of the premises for a massage business, or, alternatively, if there is no written lease, then a written, notarized acknowledgement from the property owner that the property owner has been advised that a massage business will be operated by the applicant upon, in, or from the property owner's property. (14) Proof of current and valid workers' compensation insurance from an insurer authorized to do business in California, in an amount as required by law. (15) Authorization for the city, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the registration certificate.
(16) The name of the individual to receive notices on behalf of the business. (17) Any other identification and information necessary to discover the truth of the matters required to be set in the application.
(c) Any changes to the application information during the period the city is reviewing the application shall be immediately reported to the city. Failure to report these changes shall result in denial of application. (d) Approval or denial of city registration certificate and massage business registration certificate renewals.
(1) Within thirty (30) days following receipt of a completed application, the community development director shall either issue the registration certificate or mail a written statement of the reasons for denial as set forth below. The director shall deny a registration certificate to the applicant where any of the following conditions exist:
a. The applicant or any owner has procured or attempted to procure a registration certificate or other license by fraud, misrepresentation or material misstatement; b. The applicant or any owner is a person who, as established by clear and convincing evidence, has engaged in disqualifying conduct as defined in this chapter within five (5) years immediately preceding the date of filing of the application; Commented [BR5]: Per California Massage Therapy
Council Director of Governmental Affairs and Human
Trafficking, there are no longer any conditionally certified massage practitioners.

Reg CC Mtg., April 18, 2023, Page # 273

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c. The massage business, as proposed by the applicant, if permitted, would not comply or has not complied with all the applicable laws, including, but not limited to, all the city's building, fire, zoning, and health regulations;
d. The applicant or any owner has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage businesses;
e. The applicant is less than eighteen (18) years of age; f. The application is incomplete and the required supplementary documents were not submitted within twenty (20) days of a request for these documents by the community development director;
g. The applicant or any owner has been denied for good cause a business registration certificate or license; has had their registration certificate or registration revoked, suspended, or restricted for good cause; has been proven to have violated any ordinance related to the practice of massage; or has had any other disciplinary action taken for good cause against them by another city, state, county or territory of the United States, or by any other government agency; or
h. The applicant or any owner is indebted to the city for any unpaid fee or fine. (2) If prosecution is pending against the applicant or any owner for either conduct violating this chapter's provisions or conduct violating Business and Professions Code section 4600 et seq., the director may postpone the decision on the application until the prosecution's final resolution.

As used in this subsection, prosecution means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil or criminal action maintained by the Lomita City Attorney or prosecution attorney. (e) Decision and appealing the denial of city registration certificate and city registration certificate renewals.
(1) Upon determining that grounds for denial exist, the community development director shall furnish written notice of the denial to the applicant. The notice shall summarize the principal reasons for the denial, shall state that the applicant may request an appeal hearing within fifteen (15) days of the postmarked date on the notice, and shall be delivered by mail to the applicant as that name and address appear on the application. Within fifteen (15) days after the mailing of the notice, the applicant may file a request for an appeal hearing with the city clerk. An application for an appeal must include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed. An appeal must be accompanied by supporting evidence substantiating the basis for the appeal. The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal statement.
(2) Upon receipt of a timely filed appeal and payment of the appropriate fee, the city clerk shall set the matter for hearing before the hearing officer. The hearing shall be held not fewer than ten (10) days nor more than thirty (30) days from the date of the appeal request. The hearing may be continued upon the mutual consent of the parties. The appellant may bring a translator or interpreter to the hearing at their sole expense.
(3) The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven (7) days prior to the hearing. (4) At the time of the hearing, the hearing officer shall review the records and files relating to the decision.
(5) The hearing officer shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter.
(6) In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon Reg CC Mtg., April 18, 2023, Page # 274

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by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of the evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions.
(7) The appellant shall have the burden of proving that he or she meets the requirements for issuing the certificate in the first instance; the city shall have the burden in proving that grounds exist for denying, revoking, suspending, conditioning or failing to renew a registration. (8) Based upon the evidence presented at the hearing, the hearing officer shall determine whether the director's decision should be affirmed, modified or reversed. The hearing officer's decision is final.
(9) The hearing officer's decision shall be communicated in writing to the appellant within seven (7) days after the close of the hearing and submission of the matter to the hearing officer for decision.
(10) The decision of the hearing officer shall include notice that the decision is final and is subject to judicial review pursuant to California Civil Procedure Code section 1094.5, and that any action filed in the superior court shall be filed within the time period provided by law. (f) Facilities prerequisite to registration certificate issuance. A registration certificate shall not be issued pursuant to this chapter unless an inspection reveals that the business complies with each of the following minimum requirements of this chapter and title XI of this Code:
(1) Facility requirements.
a. No massage or massage services shall be given in a business, or premises registered pursuant to this chapter, in any room or space enclosed or divided by walls and fitted with a door capable of being locked from the inside. This section shall not apply to the business's external doors and shall not operate to prohibit a massage business from locking its external doors if the business is a business entity owned by one (1) individual with one (1) or no employees or independent contractors.
b. A list of services available and the cost of the services shall be posted in an open and conspicuous public place on the premises. The services shall be described in Eenglish and any other languages that the business chooses. Only services on the posted list shall be performed.
c. Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present. d. Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
e. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities, shall be in good repair and maintained in a clean and sanitary condition. f. Adequate bathing, dressing, locker, and toilet facilities shall be provided for clients. A minimum of one (1) tub or shower; one (1) dressing room separate from all other rooms with a self-closing door, containing a separate locker for each client to be served, which locker shall be capable of being locked; as well as a minimum of one (1) toilet and washbasin, shall be provided in every massage business; provided, however, that if male and female clients are to be served simultaneously at the business, separate bathing, massage room(s), dressing room(s), and toilet facilities shall be provided for male and Commented [BR6]: For consistency
Commented [BR7]: Recommended by California Massage
Therapy Council Director of Governmental Affairs and
Human Trafficking
Reg CC Mtg., April 18, 2023, Page # 275

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female clients. This requirement may be modified upon approval of the city manager if the services provided or site plan do not necessitate some or all of these facilities. g. A minimum of one (1) wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin. Hot and cold running water shall be provided at all times.
h. In the reception area, in letters that are a minimum of one (1) inch in height, a notice in English (and any other language that the business chooses) that provides substantially as follows:

THIS MASSAGE BUSINESS AND THE MASSAGE ROOMS DO NOT PROVIDE

COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND HEALTH

OFFICIALS WITHOUT PRIOR NOTICE
i. No room or space enclosed or divided by walls and fitted with a door where massage or massage services are performed shall be equipped with any electronic, mechanical, or artificial device used or capable of being used, for the recording or videotaping of visual images and/or sound.
j. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed or required.
k. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. The tables shall be sanitized after each use. A massage table or professional massage chair specifically designed for seated massage shall be used for all massage therapy, with the exception of “Thai,” “Shiatsu,” and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment.

Massage tables shall have a minimum height of eighteen (18) inches. l. A massage business shall operate only under the name specified in its city registration certificate.
m. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. n. No person shall store alcoholic beverages in massage work areas. o. No person shall distribute or consume any alcoholic beverages and/or controlled substances on licensed premises.
p. All massage establishments shall continuously comply with all applicable building, fire, and health ordinances and regulations.
q. Sexual paraphernalia, condoms, or any form of contraceptive shall not be stored on the licensed premises.
r. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes, which may be shown by circumstantial evidence such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils, or food in excess of a business establishment’s normal requirements.
(g) Operating requirements.
(1) Massage may be provided only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open and no massage services shall be provided between 9:00 p.m. and 7:00 Commented [BR8]: Recommended by California Massage
Therapy Council Director of Governmental Affairs and
Human Trafficking
Commented [BR9]: Specific clarifications for health and safety
Commented [BR10]: Recommended by California
Massage Therapy Council Director of Governmental Affairs and Human Trafficking
Reg CC Mtg., April 18, 2023, Page # 276

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a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at 9:00 p.m. (2) The owner and manager of a massage business shall be responsible for displaying the city registration certificate and the original, valid CAMTC registration certificate of each and every certified massage practitioner employed in the business in an open and conspicuous place on the premises. Passport-size photographs of the registration certificate holder shall be affixed to the respective registration certificate on display pursuant to this section. The CAMTC photo identification shall remain on the premises while the massage therapist is on the premises. (3) For each massage service provided, every massage business shall keep a complete and legible written record of the following information:
a. The date and hour that service was provided;
b. The service received;
c. The name or initials of the employee entering the information; and d. The name of the employee administering the service.

The records shall be open to inspection and copying by the Los Angeles County Sheriff's Department, or other city officials charged with enforcement of this chapter. These records may not be used by any massage business owner or employee for any purpose other than as records of service provided and may not be provided to other parties by any person unless otherwise required by law. The records shall be retained on the premises of the massage business for a period of two (2) years.
(4) All massage business owners and their employees shall wear clean outer garments. The garments shall not include any of the following:
a. Attire that is transparent or see-through, or substantially exposes the employee's undergarments;
b. Swim attire, if not providing a water-based massage modality accepted by the California Massage Therapy Council;
c. Attire that exposes the employee's genitals, pubic areas, buttocks, or breasts; d. Attire worn in a manner that constitutes a violation of California Penal Code section 314; e. Attire worn in a manner that is otherwise deemed by the California Massage Therapy Council to constitute unprofessional attire based on the custom and practice of the profession in California;.
f. Provocative, transparent, or intimate apparel shall not be stored on the licensed premises. (5) At all times during the massage, the client's genitals shall be fully covered and contact shall not be made with the genitals.
(6) The premises' exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during the business hours (including electronic locking devices) or when clients are present. External doors may only be locked during business hours if the massage business is a business entity owned by one (1) individual with one (1) or no employees or independent contractors who are not employees of the business and there is no staff available to assure security for clients and massage staff behind closed doors. (7) During hours of operation, no person other than the listed manager on duty, an employee, or a client shall be allowed beyond the reception area of the massage business. (8) Clients and visitors shall only be permitted in the massage business during the hours of operation.

Commented [BR11]: Per State law
Commented [BR12]: Specific clarification
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(9) Visitors shall only be permitted in the reception area of the massage business, however the following exceptions may apply:
a. The parent or guardian of a patron who is a minor may be present in the massage therapy room with that minor;
b. The minor of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the minor; and
c. The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person. (10) Clients shall only be permitted in massage treatment areas if at least one (1) massage practitioner is on the premises.
(11) The massage business shall be supervised, during all hours of operation, by a manager specified in the city's registration application. The manager shall wear a badge with the manager's name and it should clearly state the word "manager" on the badge. The name of the manager on duty shall be posted in a conspicuous place within the reception area daily. (12) The owner and manager shall maintain a register of all owners, operators and managing employees of the massage establishment, all massage professionals, and other persons employed or retained by the massage establishmentemployees or rent-space massage therapists. The employee register shall be maintained on the premises for a minimum period of two (2) years following an employee's termination. The owner and manager shall make the employee register immediately available for inspection upon demand by a representative of the Los Angeles County Sheriff's Department or the city at all reasonable times. The employee register shall include, but not be limited to the following information:
a. The individual’s name, nicknames, and/or aliases used by an employee or rent-space massage therapist.
b. A good quality color photocopy of a lawfully issued CAMTC certificate for each employee and rent-space therapist that provides massage services. c. The employee's or rent-space therapistindividual's home address and relevant phone numbers (including but not limited to home and cellular numbers). d. The employee or rent-space therapistindividual's age, date of birth, gender, height, weight, color of hair and eyes.
e. The date of employment and termination, if applicable, or, in the case of a rent-space therapist, the start and end dates of the lease agreement, as well as a copy of the agreement for all employees.
f. The duties of each employee.
(13) While the city registration is in effect and at all times during operation, the massage business shall fully maintain current and valid workers' compensation insurance as required by law. Proof of insurance shall be maintained on the premises at all times. (14) The massage business shall apply to the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which changes the registration information initially provided to the city pursuant to section 6-8.05, including, but not limited to the termination of certified massage practitioners. There shall be no charge for an amended registration certificate unless the director determines that the changes are substantial and a new certificate is required.
(h) A city registration certificate issued pursuant to the terms of this chapter shall be valid for a term of one (1) year from the date of issuance and, unless suspended or revoked, may be renewed annually upon application by the massage business owner so long as the massage business is operating within the city. No registration certificate shall confer any vested right to any person or business for more than the registration period.

Commented [BR13]: Allowances for safety of minors and
the elderly
Commented [BR14]: Recommended by California
Massage Therapy Council Director of Governmental Affairs and Human Trafficking
Reg CC Mtg., April 18, 2023, Page # 278

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Sec. 6-8.06. Violations.
(a) In addition to any other remedy available under the law, violations of this chapter are subject to the administrative citations and penalties provisions in title 1, chapter 5 of this Code. Notwithstanding anything to the contrary in the city's penalty schedule for administrative fines (as adopted by city council resolution), the fine amounts for violations of this chapter shall be five hundred dollars ($500.00) for the first violation, seven hundred fifty dollars ($750.00) for a second violation and, one thousand dollars ($1,000.00) for each additional violation of the same provision within one year of the first violation.
(b) Violations not capable of being remedied under [subsection] 1-5.05(b) include, but are not limited to, substantial evidence of prostitution activity on the massage business's premises or an immediate threat to health, safety or welfare. Prostitution. It shall be unlawful for any owner, manager, massage practitioner, or any employee or agent to knowingly harbor, admit, receive, or permit to be or remain in or about such premises any prostitute or any person under the influence of any narcotic or dangerous drug or to perform or allow to be performed any act, massage, or manipulation in which contact is made with another’s genital areas either by hand, body, or by any mechanical device or object, whether it is covered or uncovered; clothed or unclothed, in whole or in part.

Sec. 6-8.07. City registration certificate suspension or revocation. (a) In addition to any other remedy available to the city under this Code or state law, any registration certificate may be suspended or revoked by the director where it is found by substantial evidence that any of the following have occurred:
(1) The registration certificate holder and/or agent has violated any provision of this chapter or the grounds for denial of the registration certificate exist; (2) The registration certificate holder and/or agent is a person who, as established by clear and convincing evidence, has engaged in disqualifying conduct as defined in this chapter; (3) The registration certificate holder and/or agent has failed to comply with one (1) or more of the facilities and operations requirements of this chapter; (4) The registration certificate holder and/or agent has engaged in fraud, misrepresentation, or false statement in conducting the massage business;
(5) The registration certificate holder and/or agent has continued to operate the massage business after the city registration certificate or registration has been suspended; or (6) The registration certificate holder and/or agent has failed to apply with the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which substantially changes the registration information initially provided to the city pursuant to section 6-8.05, including, but not limited to the termination of certified massage practitioners; or (7) Massage treatments have been performed on the premises of the massage business, with or without the registration certificate holder's actual knowledge, by any person who:
a. Does not have a valid CAMTC certification; or
b. As established by clear and convincing evidence, has engaged in conduct or has been convicted of the offenses described as disqualifying conduct.

Sec. 6-8.08. Hearing on revocation or suspension of city registration certificate. (a) Upon determining that grounds for revocation or suspension exist, as set forth in section 6-8.07, the community development director shall furnish written notice of the proposed revocation or suspension to the registration certificate holder. The notice shall summarize the principal reasons for the proposed revocation or suspension, shall state that the registration certificate holder may request a hearing within fifteen (15) days of the postmarked date on the notice, and shall be delivered by mailing the notice to the location of the massage business (and the person designated for service on the Commented [BR15]: For clarification
Commented [BR16]: Eliminates conflicting language
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certificate, if different) and the property owner. Within fifteen (15) days after the mailing of the notice, the registration certificate holder may file a request for hearing with the community development director. If the request for a hearing is timely filed and the appropriate fee is paid, the community development director shall schedule the suspension/revocation hearing. (b) Upon timely receipt of a written request for a hearing, the community development director shall conduct a hearing within forty-five (45) days of the filing of the request. The hearing may be continued upon the mutual consent of the parties. Notice of time and place of the hearing shall be given to the registration certificate holder by mailing the notice to the location of the massage business (and the person designated for service on the certificate, if different) and the property owner at least fifteen (15) days in advance of the date set for the hearing. At the hearing, the director shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter. In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of the evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions. (c) At the conclusion of the hearing, the community development director shall have fifteen (15) days to decide whether the grounds for revocation or suspension exist and shall submit a written report with its conclusions. If the community development director determines that any grounds for revocation or suspension exist, as provided in section 6-8.07 of this chapter, the director shall revoke or suspend the registration certificate. A copy of the decision shall be mailed to the massage business and to the person designated for service on the certificate, if different, and the property owner. The resolution shall provide notice of the right to appeal the decision. Within fifteen (15) days after the mailing of the notice, the registration certificate holder may file a request for an appeal hearing with the city clerk.

An application for an appeal must include a general statement specifying the basis for the appeal and the specific issue of the decision being appealed. An appeal must be accompanied by supporting evidence substantiating the basis for the appeal and the appropriate fee for an appeal hearing. The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal statement.
(d) If a timely appeal is filed, the effect of the community development director's decision will be stayed pending the hearing officer's resolution of the matter unless the community development director specifically finds that the public health and safety is endangered. (e) The appeal hearing before the hearing officer shall be conducted as described above for appeal hearings in [subsections] 6-8.05(e)(2)—(10). Notice of the appeal hearing and decision shall also be mailed to the property owner.
(f) Upon revocation of a city registration certificate, the massage business shall immediately cease operation and surrender the registration certificate, and, if so ordered by the community development director, no other massage business shall be permitted to operate at that location by any person for a period of one (1) year. If the operator is not also the legal owner of the real property on which the massage business is situated, notice of the revocation and the period of prohibition shall be provided by the community development director to the property owner.

Sec. 6-8.09. Conditions of approval.

The director or hearing officer may condition any city registration certificate if they find that grounds for denial or revocation of a registration certificate exist.

Sec. 6-8.10. Hearing fees.

All hearings held as provided in this chapter may be subject to a filing fee in an amount established by the city council resolution.

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Notwithstanding, if an application or renewal is denied or a city registration certificate is revoked due to disqualifying conduct or criminal activity at the business, no reapplication for a new massage business at the same location will be accepted within one (1) year after the effective date of the denial. (b) A registration certificate holder under this chapter whose registration or renewal has been revoked or denied may not reapply for a registration certificate for a period of one (1) year from the date of the revocation or denial.
(c) If an application or renewal is denied due to disqualifying conduct or criminal activity at the business, no reapplication for a new massage business at the same location will be accepted within one (1) year after the effective date of the denial.

Sec. 6-8.12. No refund of fee.

Sec. 6-8.13. Inspection by officials.

The investigating and enforcing officials, including but not limited to the Los Angeles County Sheriff's Department; Los Angeles County Health Department; or the city's community development director, code enforcement, or building and safety officials, or their designees, shall have the right to enter all interior and exterior portions of the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this chapter. It is unlawful for any person having responsibility over the operation of a massage establishment to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection and, review or copy records, recordings or other documents required to be maintained by a massage establishment under this chapter or under state law. Failure to cooperate with or refuse an inspection is subject to denial, suspension, revocation, or nonrenewal of a license. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a massage establishment under this chapter.

Sec. 6-8.14. Notifications.

A massage business shall immediately report to the city's business license department any of the following within three (3) days of the incident:
(a) Arrests of any employees, owners, or managers of the registrant's massage business for an offense other than a misdemeanor traffic offense;
(b) Resignations, terminations, or transfers of certified massage practitioners employed by the registrant's massage business;
(c) The occurrence of any event involving the registrant's massage business or the massage practitioners employed there that constitutes a violation of this chapter or state or federal law.

Sec. 6-8.15. Unlawful business practices may be enjoined; remedies cumulative.

Any massage business operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code section 17200 et seq., and the city attorney or district attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or Commented [BR17]: For consistency
Commented [BR18]: For consistency
Commented [BR19]: For clarity
Commented [BR20]: Recommended by California
Massage Therapy Council Director of Governmental Affairs and Human Trafficking
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proceedings in the superior court of Los Angeles County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorneys' fees and costs. All remedies provided for in this chapter are cumulative.

Sec. 6-8.16. Public nuisance.

Sec. 6-8.17. Business location change.

Sec. 6-8.18. Sale or transfer of massage business interest.

Sec. 6-8.19. Registration certificate holder responsibility.

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Lomita City CouncilApril 18, 2023

Lomita City Council
April 18, 2023