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Agenda Packet 2004-04-27 CITY COUNCIL Clt! of AGENDA ArrOlo Grancle Tony M. Ferrara Mayor Sandy Lubin Mayor Pro Tem Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attomey Jim Dickens Council Member Kelly Wetmore Director, Administrative Services Joe Costello Council Member AGENDA SUMMARY CITY COUNCIL TUESDAY, APRIL 27,2004 7:00 P.M, Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1, CALL TO ORDER: 7:00 P,M, 2, ROLL CALL 3. FLAG SALUTE: WEBELOS DEN #8, PACK 425 4, INVOCATION: PASTOR PAUL JONES 5, SPECIAL PRESENTATIONS: None. 6, AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. - ----~,_._-~._._-- - AGENDA SUMMARY - APRIL 27, 2004 PAGE 2 7, COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters npt scheduled on this agenQa. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: . Direct City staff to assist or coordinate with you. . A Council Member may state a desire to meet with you. . It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: . Comments should be limited to 3 minutes or less. . Your comments should be directed to the Council as a whole and not directed to individual Council members. . Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8, CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listings of cash disbursements for the period April 1, 2004 - April 15, 2004. 8.b. Consideration of Cash Flow Analvsis/ADDroval qf Interfund Advance from the Water Facility Fund (SNODGRASS) Recommended Action: Receive and file the March 2004 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds at March 31, 2004. 8.c Consideration of First Amendment to Communiqttions Site Lease Aareement with SDrint PCS Assets. LLC (CARMEL) Recommended Action: Approve and authorize .the Mayor to execute the First Amendment to Communications Site Lease Agreement (Ground) between the City of Arroyo Grande and Sprint PCS Assets, LLC ("Sprint") for use of approximately 375 square feet of property located at Reservoir No.2, subject to payment of the City's administrative review fee. 8.d. Consideration of Fundina ReQuest from Destination Imaaination (ADAMS) Recommended Action: Appropriate $2,000 for a cohtribution to the Arroyo Grande Destination Imagination teams. AGENDA SUMMARY - APRIL 27, 2004 PAGE 3 8, CONSENT AGENDA (continued): 8.e. Consideration of Reauest to Refund ADDlicationFee for "Walk America" Fund- Raisina Event (STRONG) Recommended Action: Approve the request from the March of Dimes to refund the fee for Temporary Use Permit 04-002. 8.1. Consideration of ADDroval of a Professional ~ervices Aareement with GSI Soils Inc, to Provide Material Testin and Ins ection Services for the Reservoir No, 1 Re lacement Pro'ect PW 2003-0 (SPAGNOLO) Recommended Action: 1) Approve a profession$1 services agreement with GSI Soils, Inc. to provide material testing services ($14,816) and inspection services ($87,040) in the amount of $101,856 for the Reservoir NO.1 Replacement Project; and 2) Authorize the City Manager to approve contract amendments in the amount of $10,186 for use only if needed for unanticipated costs during the construction phase of the project. 8.g. Consideration of Authorization to Purchase D corative Li htin Poles and Fixtures for the Villa e Li htin Pro ect PW 2004 3 (SPAGNOLO) Recommended Action: 1) Authorize the Public Works Department to purchase decorative lighting poles and fixtures for the Village Lighting Project; and, 2) Transfer the remaining fund balance of the Creekside Walk Phase III Project into the Village Lighting Project. 8.h. Consideration of A roval of Professional Servi es A reement with S ctrum Consultants Inc, to Pre are a Fleet Maintenance tud (SPAGNOLO) Recommended Action: 1) Approve a Professi nal Services Agreement with Spectrum Consultants Inc. in the amount of $15,852 'for the fleet maintenance study; and 2) Appropriate funds in the amount of $15,852 from the unappropriated general fund balance. 9, PUBLIC HEARINGS: 9.a. Consideration of A ealof roval of Plot Plan Review Case No, 04-002' Tried and True Tattoo: 1037 East Grand Avenue (. TRONG) Recommended Action: Adopt Resolution denying the appeal and upholding the Planning Commission's approval of Plot Plan Review Case No. 04-002. 9.b. Consideration of Resolution Increasing OD8ratinp Fees Based on Chanaes in the Consumer Price Index (CPO (SNODGRASS) Recommended Action: Adopt Resolution revising Operating Fees in the Fire, Building, Community Development, Engineering, and Recreation Departments by the January 2004 CPI of 1.8%. 10, CONTINUED BUSINESS: None. - --- ---_..~---.----_.- -'-'--"'--"~'--'--"--"-'--'^- AGENDA SUMMARY - APRIL 27, 2004 PAGE 4 11, NEW BUSINESS: 11.a. Consideration of LOD8Z Water Treatment Plant UDarade (SNODGRASS/SPAGNOLO) Recommended Action: Receive and accept the San Luis Obispo County staff presentation on the proposed Lopez Water Treatment Plant Upgrade for Flood Control Zone 3. 11.b. Consideration of the Arroyo Grande Creek Habitat Conservation Plan (SPAGNOLO) Recommended Action: Review and provide input regarding the Arroyo Grande Creek Habitat Conservation Plan (HCP). 11.c. Consideration of Pre-ADDlication Review of a Mixed-Use Proiect with Three Commercial and Three Residential or Office uni~ (STRONG) Recommended Action: Review the proposed project and make suggestions and comments that can be incorporated into a future formal application. 12, CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY M, FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Integrated Waste Management Authority (IWMA) (4) Other (b) MAYOR PRO TEM SANDY LUBIN: (1) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) Other (c) COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (d) COUNCIL MEMBER JIM DICKENS: (1) South County Youth Coalition (2) Other (e) COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD) (2) Other AGENDA SUMMARY - APRIL 27 t 2004 PAGE 5 13, CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by the Mayor and/or a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a) Request for staff to prepare a report on SCAT's proposal for an additional route. (LUBIN) b) Update on Sphere of Influence Process and Survey. (FERRARA) 14, CITY MANAGER ITEMS: The following item{s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a) None. 15, COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16, STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 17, COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an ,invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18, ADJOURNMENT AGENDA SUMMARY - APRIL 27, 2004 PAGE 6 +++++++++++ All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Administrative Services Department and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805- 473-5414 as soon as possible and at least 48 hours prior to the meeting date. +++++++++++ Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. www,arroyogrande,org --.._--.-_."-_._- ~--~ 8.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES S? BY: JANET M. HUWALDT, ACCOUNTING SUPERVISO~ SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for I the period April 1 - April 15, 2004. . FUNDING: There is a $592,796.83 fiscal impact. All payments are within the existing budget. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested .that the City Council approve these payments. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendation; . Do not approve staffs recommendation; . Provide direction to staff. Attachments: Attachment 1 - Cash Disbursement Listing Attachment 2 - April 2, 2004 Accounts Payable Check Register Attachment 3 - April 2, 2004 Payroll Checks and Benefit Checks Attachment 4 - April 9, 2004 Accounts Payable Check Register -. CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUfER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds . 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Departmental 4203 ;. Federal Universal Hiring (Fd 274) Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279) 4201 - Police Redevelopment Agency ( Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building &. Safety ENTERPRISE FUNDS Public Works (Fund 010) Sewer Fund (Fund 612) 4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance 4303 - Street/Bridge Maintenance Water Fund (Fund 640) 4304 - Street Ughting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks & Recreation (Fund 010) 4712 - Water Distribution 4420 - ParkS Lopez Administration (Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance ATTACHMENTl CITY OF ARROYO GRANDE CASH DISBURSEMENTS 7cn de 'Peri4d ~ ,!fIIIit I 7~ ,!fIIIit 15. 2004 .. ,~w .W.' .., , ~..._.. " ..~ April 27, 2004 Presented are the cash disbursements issued by the Department of Financial Services for the period April 1 to April 15, 2004. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT ATTACHMENT AMOUNT April 2, 2004 Accounts Payable Cks 114939-115033 2 $ 75,847.42 Payroll Checks and Benefit Checks 3 352,763.27 428,610.69 April 9, 2004 Accounts Payable Cks 115063-115141 4 164,186.14 Two Weeks Total $ 592.796,83 --_._--"._--""~- ~ 1! ",... 00 0 ",,,, '" 0'" 0 0 0 ~ ~ ",,,! oC! 0 ",,,! " 0" 0 0 "" o '" '" '" '" 0 0 0 '" '" ... '" 0 '" E '" ... '" .. "," .. 0 '" .. ~ '" '" .. '" .. ~ '" .. '" ~ ... '" '" '" . . o '" .. .. ~ ~ 0-0- :: 00 :: :: -- " :: uJuJ ~ gg ~ ~ ~~ \!!\!! ~ I ;;C;;C .... %% .... .... ::<::< "" .... I 00' I ~ JJ 00 ) uJ uJ !2 uJ uJ ... ... ( ~~ uJuJ ",,, 00 (J)(J) . '" '" u. u. 1ii!2 ;;; ;;; ~ ~ _ ~ CICI CICI uJo b ~~ 0-0- ",,,, ",,,, <I. 5 uJ uJ ~ ~ ... t:" J J 'i 'i '" '" '" '" o .... 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T'"" T"" T"" :! ;: ..II: u g g g .ce C:JT'"" T'"" T"" ~ ~ d! ~ T'"" T"" T'"" ATTACHMENT 3 200'-.1,:) ~ CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 03/12/04 - 03/25/04 04/02104 FUND 010 317,042.05 Salaries Full time 184,248.13 FUND 220 15,829.77 Salaries Part-Time - PPT 27,298.07 FUND 284 909.97 Salaries Part-Time - TPT 5,288.34 FUND 612 5,477.97 Salaries OverTime 11,227.84 FUND 640 13,503.51 Salaries Standby 377.10 352,763.27 Holiday Pay 6,454.55 Sick Pay 4,869.77 Annual Leave Buyback - Vacation Buyback - Sick Leave Buyback - Vacation Pay 3,245.07 Comp Pay 6,283.38 Annual Leave Pay 2,524.16 PERS Retirement 38,253.56 Social Security 17,927.84 PARS Retirement 315.88 State Disability Ins. 1,128.49 Deferred Compensation 700.00 Health Insurance 35,606.74 Dental Insurance 4,324.47 Vision Insurance 979.88 Life Insurance 735.00 Long Term Disability - Uniform Allowance - Car Allowance 875.00 Council Expense - Employee Assistance - Boot Allowance - Motor Pay 100.00 - 352,763.27 0 0 0 00 ~ 08 00 0 o.~ co "C <DeD \.0 0 0 ..,.. ~~ 0., o.~ ~ ~ G> <DII) ~ ~ ~~ 00 00 ..,.. 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" i ~ ~ ~ 8 "z .. >- ~ ~::;) uJ " 858 ~ ~ ... ~ '3 " u. <5 Z en g ~ ~ q" <( en ~ ~ ~o ~ ~ _ Z ... en en en en >- " '" .., '" 0 \;; o .., ... 0 ~ .n ... '" .., <<> - - :5 is g 8 g 8 Q. >0 0 0 0 .. cD ~ \g g g g g .. _ 0 0 0 0 .. ~ R~~ <:! ~ <:! ~ o '" '" '" '" I!! .. .... .. ... . a; ~ g ~"'" '" 0 ~ '" _ .. 0 ~.. ",'" .., .., ..- -- - ~ - ~ '" ~ ~ g '" '" '" '" '" .c~ - 0- - - - - g~ .. >- - - - - --..,- 8.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANALYSIS AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER AND WATER FACILITY FUNDS DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended the City Council: . Accept the March 2004 cash report, . Approve the interfund advance of $1,715,057 from the Water and the Water Facility Funds to cover cash deficits in other funds as of March 31, 2004. FUNDING: No outside funding is required. DISCUSSION: Revenues in individual funds are earned in uneven amounts during each month of the year; however, expenses in these funds are paid out in fairly consistent amounts. These differences cause some funds to have temporary cash deficits while waiting for revenues to equal expenses. For investment purposes, the City pools cash in individual funds into one bank account. Since the City pools the cash of all funds, individual fund shortages are not readily apparent. However, in reality, funds with excess cash are "financing" the shortages in other funds until revenues equal expenses. This report is prepared to present to the City Council individual fund shortages and the funds financing those shortages. By year-end, all funds are expected to have positive cash balances. AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation and accept the report; - Do not approve staff recommendation and decline the report; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. Attachment: A - Cash Balancellnterfund Advance Report ~_._,~ ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At March 31, 2004 Balance at Recommended Revised Fund 03/31/04 Advances Balance 010 General Fund 2,462,740 2,462,740 210 Fire Protection Impact Fees 198,866 198,866 212 Police Protection Impact Fees 45,670 45,670 213 Park Development 595,199 595,199 214 Park Improvement 150,318 150,318 215 Recreation Community Center 11,117 11,117 217 Landscape Maintenance 33,089 33,089 220 Street (Gas Tax) Fund 66,961 66,961 221 Traffic Congestion Relief 43,116 43,116 222 Traffic Signalization 519,693 519,693 223 Traffic Circulation 466,412 466,412 224 Transportation Facility Impact 1,980,808 1,980,808 225 Transportation 19,154 19,154 226 Water Neutralization Impact 785,408 785,408 230 Construction Tax 105,450 105,450 231 Drainage Facility 26,352 26,352 232 In-Lieu Affordable Housing 962,088 962,088 241 Lopez Facility Fund 1,118,942 1,118,942 250 CDBG Fund (7,931) 7,931 0 271 State COPS Block Grant Fund 35,628 35,628 272 Calif. Law Enf. Technology Grant (7,259) 7,259 0 279 00-01 Fed Local Law Enforcement Grant 67 67 284 Redevelopment Agency 348 348 285 Redevelopment Set Aside 152,444 152,444 350 Capital Projects (1,699,867) 1,699,867 0 470 Fire Station Bond-Debt Service 56,461 612 Sewer Fund 13,362 13,362 634 Sewer Facility 172,260 172,260 640 Water Fund 2,973,261 (415,057) 2,558,204 641 Lopez 153,945 153,945 642 Water Facility 1,309,513 (1,300,000) 9,513 751 Downtown Parking 26,341 26,341 760 Sanitation District Fund 74,662 74,662 Total City Wide Cash 12,844,618 0 12,788,157 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF MARCH 31, 2004. B.c. MEMORANDUM TO: CITY COUNCIL FROM: TIMOTHY J, CARMEL, CITY ATTORNE~/ SUBJECT: FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT WITH SPRINT PCS ASSETS, LLC DATE: APRIL 27,2004 RECOMMENDATION: It is recommended the City Council approve and authorize the Mayor to execute the First Amendment to Communications Site Lease Agreement (Ground) between the City of Arroyo Grande and Sprint PCS Assets, LLC ("Sprint") for use of approximately 375 square feet of property located at Reservoir No.2, subject to payment of the City's administrative review fee. FUNDING: Sprint will pay the City a fee of fifteen hundred dollars ($1,500) per month. Rent is increased each year by an amount equal to two and six-tenths (2.6%) of the rent for the previous year. Additionally, Sprint will pay a one time administrative review fee of two thousand dollars ($2,000). DISCUSSION: On May 22,2001, the City entered into a Communications Site Lease Agreement (Ground) with Cox PCS Assets, LLC, for use of approximately two hundred eighty-eight (288) square feet of property located at Reservoir NO.2. For a variety of reasons, Cox PCS Assets, LLC did not obtain the required conditional use permit for operation of the cell site. On March 20, 2002, Cox PCS Assets, LLC filed an amended certificate of registration with the California Secretary of State changing its registered name to Sprint PCS Assets, LLC. On March 16, 2004, Sprint obtained a conditional use permit for operation of a cell site at Reservoir No.2. Sprint will be co-locating its antennae facilities on the existing Nextel monopine located at Reservoir No.2. Staff recommends that the Council approve the First Amendment to Communications Site Lease Agreement (Ground) and authorize the Mayor to execute the document. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve and execute the First Amendment to the Site Lease Agreement; - Modify and approve the First Amendment to the Site Lease Agreement; - Do not approve the First Amendment to the Agreement; or - Provide direction to staff. Attachment 1. Agreement with Exhibit ----------- FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) This First Amendment to Communications Site Lease Agreement (Ground) is entered into this 27th day of April, 2004, between SPRINT PCS ASSETS, LLC, a Delaware limited liability company ("Lessee") and the CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of California ("Lessor"). WHEREAS, on May 23, 2001, Lessor entered into a Communications Site Lease Agreement (Ground) ("Lease Agreement") with Lessee under Lessee's name then registered with the Secretary of State for the State of California, Cox PCS Assets, LLC; and WHEREAS, on or about March 20, 2002, Lessee filed an Amended Certificate of Registration with the Secretary of State of the State of California, changing its registered name to Sprint PCS Assets, LLC; and WHEREAS, Lessee and Lessor desire to amend certain portions of the Lease Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Section 1 of the Lease Agreement is amended in its entirety as follows: 1, PREMISES Lessor is the owner of a parcel of land (the "Land") located in the City of Arroyo Grande, County of San Luis Obispo, State of California, commonly known as Reservoir 2. The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately 375 square feet of the Land and all access and utility easements, if any, (the "Premises") described and depicted in Exhibit B annexed hereto. 2. Section 18(f) of the Lease Agreement is amended in its entirety as follows: 18, MISCELLANEOUS (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of San Luis Obispo County. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non-disturbance and attornment instrument for each such mortgage or deed of trust. 3. The above recitals are true and correct. 4. Except as amended herein, all terms and conditions of the Lease Agreement dated May 23, 2001 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSOR: CITY OF ARROYO GRANDE, LESSEE: SPRINT PCS ASSETS, LLC, a municipal corporation of the State of a Delaware limited liability company California By: By: TONY M. FERRARA, Mayor BRIAN C. KOOYMAN, MANAGER Outsourcing ATTEST: KELLY WETMORE, Director of Administrative Services/Deputy City Clerk APPROVED AS TO CONTENT: STEVEN ADAMS, City Manager APPROVED AS TO FORM: TIMOTHY J. CARMEL, City Attorney 2 .! ,; I" II! t I f' ~ .1 ~ I ~ I !I . .~ IQj .1 II f' I I . g r~ ~~Ii d I,;, ~ It Gi if I:~ t IS ~~ II Ii.! Iii Ii I; :1, ~ i II I ~ I ... II I II =1;111; i I. t~ i~ ii~tl ii r ~ '" -.. ....------ ~ ~ I i J Imi 0 j!!; il I ~ ~ ~ Ii ~ii~ I ~ ~;I 0 I 1:~nll!1 15 01 , I I Z I I Ii! ~ g Ii , I~ I Sf ~ ~ ~1nlJ!:11 I ,!. : I N ;... ~ II =tI:: lilll ~a !!le;I LLI~. LLI II. ~ till , ~ ei COo ~ I- I.VIA _ IIln. ~ Si!1 cn2 c:c o (.) < Alia ~IIIVJ ~ Ii o~~o i VU8 ~ 1;1 >< ...I ~C) ~6 z j ~ Iii Dan ~ ~. 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't" \' u' ' '" - ~ ~ \~" 6.~\ ~ \i \ \t .\ t1 ~\'i~ ~\ A" \ ~ .1 iiH" ~~\ \ it \ \\t ,. ~!\\ ft \\ \\ 1\ '\ \ ~tl\\\\ \ ,,\ ~ ~\ \1\~;.~\\\\\ \, 'A 1\ ",. \?~ \ 0\ ~\ \\~1 'f "'f.tf \\ n ~\ ,\t\~\\~ \\ \\ f\~ .t ,\j,i \\ , !~~!1~' ~J' 1i \\' f.\ ~ 1\' ,~., ",,'i\ · ~ ~1 II' ~,,6\ ,,1'- ".. .. .( "''-~ 0\4<\ . . .' 4 \I~i~ i' 'it i \.... \ \ 'bi \. . yt\!1 ,\" ~i \ \\ ~ \ ~\P;~ \ \\t\ ,~\ .' . ~. \ \ \'i' i l~ t ~\ \ ,to \ \\~l .e \ \~\ ~'\\ \\ \\\ i \\ \\t \l\\t ~ " ~ \\ f \ \\ &~~ .\ 'it ,,'\\\. \ 'ti:'1~~\ " \ \ "" i \\\ \\ \,\\\\\\. \\ i"~~~ ~ t\ft \\ \ \ \\ \ \ \' t ~-t \t 1\ 'P1,! \, --\ ~\~\\ ~ . ~~ l'~ ~ \,,'i it: ~ i. a"i' l', ~~ \ ~ $. 11'0 . .\' ....< .'- ",'I '" u' ,,~,,) ~ .. ~ B.d. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER ~ SUBJECT: CONSIDERATION OF FUNDING REQUEST FROM DESTINATION IMAGINATION DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended the City Council appropriate $2,000 for a contribution to the Arroyo Grande Destination Imagination teams. FUNDING: The cost impact of the recommendation would be $2,000 from the Fund Balance of the General Fund. If approved, an adjustment will be made in the next quarterly budget report. DISCUSSION: During the past three years, the City Council has received funding requests from the Destination Imagination program for costs associated with teams from Arroyo Grande representing California in the Global Finals competition. Last year, the City Council approved a contribution of $1 ,000, This year, five teams are competing, two of which are from Arroyo Grande. One is from Ocean View Elementary School and the other is from Arroyo Grande High School. The City of Pismo Beach and County Board of Supervisors have both been requested to donate $4,000. They have estimated the total cost of participating in the competition will be $56,000. The Global finals will be held at the University of Tennessee on May 26 - May 30,2004. Destination Imagination is a world problem solving competition. A copy of their request is attached. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Appropriate and approve a contribution of $2,000 to Destination Imagination; - Approve a contribution of $1 ,000 as was done last year; ------ CITY COUNCIL FUNDING REQUEST FROM DESTINATION IMAGINATION MAY 13, 2003 PAGE 2 - Approve a contribution of a different amount; - Do not approve a contribution; - Provide staff direction. Attachments: 1. Funding request from Mike Uebo S:\CITY MANAGER\STEVE\Council Reports\Destination Imagination Report 2004.doc -- - _.~,-_._..~-,~- ( ATTACHMENT 1 RECEiVED TO: ARROYO GRANDE CITY COUNCIL (,1fY o~ 1\ '~~Oy .JI " ;+[' r O!'D,' "re- ~ \ \ ..".; ; \ ,I"" ~~ ..... r: FROM: MICHAEL LIEBO 04 APR I 9 PM 3: 47 CONCERNING: DESTINATIONAL GLOBAL FINALS On April 17 , five Lucia Mar teams, two from Arroyo Grande, qualified for Global Finals in Tennessee May 26-May 30. In all, five teams from Lucia Mar qualified. Fifty to sixty thousand dollars will be needed to fund our teams. Last year, Pismo Beach City Council, San Luis Obispo Board of Supervisors, and Arroyo Grande City Council contributed nine-thousand dollars. This year, there is one more team. I would kindly ask that the Arroyo Grande City Council contribute two-thousand dollars towards our goal of raising the funding necessary, If that is not possible, any contribution would be greatly appreciated. Destination Imagination is the largest creative problem solving competition in the world. Teams from Nipomo and Arroyo Grande High School, Ocean View and Shell Beach Elementary, and Judkins will be going to Global Finals. I can be reached at 474-3600 (Judkins) or at home (489-1702) Your contribution goes a long way to the moral of our students in the community. Sincerely, Mike Liebo , . . -' PRESS RELEASE In an incredible display of skill, entertainment and creativity, five Lucia Mar teams will represent California in the largest creative competition in the world, Destination Imagination. Designed to test risk taking, writing, performing, art, mechanical design, and interpersonal skills, Destination Imagination is a team oriented problem solving competition that has been featured in Good Morning America, NBC news and Smithsonian Magazine. Each year the problems change and a team of students must address specific requirements to solve them, This year, nine teams fonn Nipomo and Arroyo Grande High Schools, Judkins Middle School, and Shell Beach and Ocean View Elementary schools, sent students to state finals in Clovis on Saturday, April I? . No team from Lucia Mar placed lower than third. Our local teams outperfonned any area in the state of California. Judges were awed and impressed by the talent of the South County teams. In a problem called Cartoon Dimension teams were challenged to create an original cartoon story, complete with costumes and characters. Ocean View Elementary, consisting of team members Kyle Berlin, Carlie Hughes, John Mattimoe, Colin Joy, Devon Ruda and Kelly Barrett, placed third in the competition. In the middle school division, a team from Judkins Middle School consisting of Lindsey Allard, Kristin St. Peter, McKinly Goodman, Noconda Le Grand, Alejandra Angulo, and Diana Allard also finisihed third. At the high school division, a team from Nipomo High School consisting of Jessica Matasci, Katie Boeck, Brennan Stroub, Crystal Castillo and Charlie Wells, finished first. One judge commented that the team from Nipomo was more entertaining than any play she had ever seen on Broadway. In another problem, called DestiNations in Time, teams had to build a timing device that had to perfonn specific tasks while telling an international story. An Ocean View Elementary team of Leanne Beckstrom, Hillary Block, Andrew Cordoba, Karissa Mattimoe, Jeff Nicol, Anna Ruth and Molly Summers finished third place in the middle school division. Another Ocean View team consisting of Weston Mangin, Danny Hertel, and Reece Baldwin finished first. Typically teams have five to seven members, the Ocean View team finished first with only three team members. In another performance called the Plot and the Pendulum, teams had to create a theatrical presentation that featured two original stories that began the same way, but split into different endings. An Ocean View Elementary team consisting of Jillian Murray, Claire Summers, Claren Ruth, Natalie Hagler, Katy Joy, and Laura Green, placed third in the elementary division, A team of students from Judkins consisting of Meredith Malcolm, Stevie Sullivan, Taylor Murphy-Sinclair, JeffGutterud, Haley Sudyka, C.J. Sullivan and Angela Forest finished second ,'---~----~ --,...."-. -,..-.,,---.'.-...---- f . , in the middle school category. In the: fmal problem Lucia Mar teams competed in, Upbeat Improv, teams had to take music, from Opera to Rock, from Celtic to Klezmer, add some characterizations and improv games, and had thirty minutes to put together a performance. A team of students from Shell Beach consisting of Anna Gavin, Brandis Hughes, Kaley Mounts, Carolyn Granger, Megan Cowan and Natalie Jarvis, fInished second in the middle school division. In the high school division, Arroyo Grande High School, consisting of team members Bryce Blue, Daniel Angel, Anthony Martin, Brogan Sterns, Chris Reinacher and Zac Efron also finished second. The next problem solving activity all team members will have is fund raising. It costs around ten thousand dollars to send a team to compete at Global Finals. With five teams, this year's total will exceed fifty-thousand dollars. Raft1es, coupon books, and bake sales will be some of the upcoming fund rasing activities each team will be involved with. Anyone willing to contribute should contact Mike Liebo at Judkins (474-3600) for help. 8.e. MEMORANDUM TO: CITY COUNCIL ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~ FROM: BY: ANDREA KOCH, PLANNING INTERN OK SUBJECT: CONSIDERATION OF REQUEST TO REFUND APPLICATION FEE FOR "WALK AMERICA" FUND-RAISING EVENT DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended the City Council approve the request from the March of Dimes to refund the application fee for Temporary Use Permit 04-002. FUNDING: A fee refund will cost the City $110.00. DISCUSSION: Temporary Use Permit 04-002 was issued to the March of Dimes to use City streets and property for the annual "Walk America" fund-raising event on Saturday, May 1, 2004 from 6:30 a.m. to 3:00 p.m. Fairess Dougall, Community Director of the March of Dimes, has requested a refund for the full amount of the Temporary Use Permit application fee, $110.00. (Attachment 1) Staff has reviewed the request and found that the "Walk America" fund-raising event meets the criteria for a fee waiver adopted by the City Council on September 25, 2001. AL TERNA TIVES: The following alternatives are presented for the Council's consideration: - Refund the fee; - Do not refund the fee; or - Provide direction to staff Attachments: 1. Letter from Fairess Dougall requesting a fee refund S:\COMMUNITY _DEVELOPMENT\PROJECTS\TUP\04-002\CC_RPT.doc - March 30th, 2004 Honorable Mayor & City Council City of Arroyo Grande 215 Branch St, Arroyo Grande, CA, 93420 Gentlemen; For the past 20 years the City of Arroyo Grande has hosted the fund raising event Walk America, We raise money for research of the ov~r 3000 birth defects that prevent babies from being born healthy, For most of these years we have started and fmished our walk at the green space on Nelson & Short Streets, Our event starts with assembly at about 6:30AM and we conclude with a BBQ lunch from about 11 :30AM to 2:PM, Over the years our event has grown to a point where we will walk nearly 600 people, These people come from businesses such as MidState Bank, K Mart, Yon's, to name a few, Large or small they are the ones who make up our community. In teams of employees, family members and friends, they walk 10 miles and have raised close to $500,000, Our City receives National prominence in the publications the March of Dimes provides, We are about 95% volunteer driven and return over 75% of every dollar to the cause. In the past a temporary use permit was $20,00, We recognize and appreciate the contribution the City makes in allowing us to conduct our event, We are afforded many 'extras' and are sure that $20,00 does not cover them. But on behalf of our goal, to insure that every baby born is born healthy, we are requesting a waiver of the new fee of$101.00, Thank you for your consideration, ~-:J . Fairess Dougall ~ Community Director 8.f. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER r/i6 SUBJECT: CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH GSI SOILS, INC, TO PROVIDE MATERIAL TESTING AND INSPECTION SERVICES FOR THE RESERVOIR NO, 1 REPLACEMENT PROJECT, PW 2003-07 DATE: APRIL 27,2004 RECOMMENDATION: It is recommended the City Council: A. approve a professional services agreement with GSI Soils, Inc. to provide material testing services ($14,816) and inspection services ($87,040) in the amount of $101,856 for the Reservoir No. 1 Replacement Project, B. authorize the City Manager to approve contract amendments in the amount of $10,186 (10%) for use only if needed for unanticipated costs during the construction phase of the project ($101,856 + $10,186 = $112,042). FUNDING: The FY 2003/04 Capital Improvement Program budget includes $122,650 for administration and inspection of the Reservoir No. 1 Replacement Project. DISCUSSION: On April 6, 2004, the Council awarded a construction contract to replace Reservoir No.1. In support ofthe project, two requests for proposals for professional services were issued: for inspection services, and material sampling and testing. On March 26, 2004, three proposals were received for the material testing services. On April 9, 2004, five proposals were received for the inspection services. The proposals were reviewed independently by staff based on pre-established criteria to rate the responsiveness, experience, certifications and labor availability for each of the proposals. Staff compiled the ratings data and selected the highest rated firms accordingly for both sets of proposals. GSI Soils was determined to be the highest rated firm for both the inspection and the material testing services. CITY COUNCIL CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH GSI SOILS, INC, TO PROVIDE MATERIAL TESTING AND INSPECTION SERVICES FOR THE RESERVOIR NO, 1 REPLACEMENT PROJECT, PW 2003-07 APRIL 27, 2004 PAGE 2 Following the satisfactory submittal and execution of the contract documents, GSI Soils, Inc. will provide the material testing and inspection services in accordance with the contractor's work schedule. GSI Soils, Inc. will perform work as an extension of City staff and will report directly to the authorized City representative. The contract time for this project is specified at 255 calendar days. Work is expected to begin in early May 2004 and be completed by the end of January 2005. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Do not approve staff's recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. -'-,..--.., ~"--'~._"""--,,- 8_g_ MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF AUTHORIZATION TO PURCHASE DECORATIVE LIGHTING POLES AND FIXTURES FOR THE VILLAGE LIGHTING PROJECT, PW 2004-03 DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended the Council: a. authorize the Public Works Department to purchase decorative lighting poles and fixtures for the Village Lighting Project, b. transfer the remaining fund balance of the CIP Creekside Walk Phase III Project into the CI P Village Lighting Project. FUNDING: A total of $7,600.00 is available in the Park Development Fund, the remaining balance from the Creekside Walk Phase III Project. Donations in the amount of $14,600 have been collected for a total available fund balance of $22,200. The cost to purchase the lighting materials is $19,861.32. DISCUSSION: At its January 27,2004 regular meeting, the City Council considered a proposal for the Village Area pedestrian lighting system. Staff presented three fixture designs for the Council's consideration and outlined the fundraising efforts for three separate phases of implementation throughout the Village Area. The City Council selected the Lumec light fixture, accepted the donations offered from local businesses and citizens, and directed staff to proceed with the installation of the new lighting for Phase I of the proposed Village Area Pedestrian Lighting System once funding has been secured. Staff researched the availability of the materials from other lighting manufacturers. The design of the selected Lumec lighting fixture is proprietary and only available from Prudential Lighting Products. Upon approval by Council, staff will issue a purchase order to Prudential Lighting's local vendor, CED Consolidated Electrical Distributors, Inc. of Santa Maria, California. CITY COUNCIL CONSIDERATION TO PURCHASE MATERIALS FOR THE VILLAGE LIGHTING PROJECT PW 2004-03 APRIL 27, 2004 PAGE 2 The initial project phase will install twelve (12) decorative lighting assemblies along the recently completed Creekside Path Phase III project, adjacent to Olohan Alley, and the Gazebo area towards the east near the Swinging Bridge. Six of the existing decorative lighting assemblies along the Gazebo area can be retrofitted with the new decorative lighting fixtures and bases. Therefore, the City will purchase twelve (12) new fixtures and banner arms and six new lighting poles. The Creekside Path Phase III Project did not include lighting elements due to funding constraints. The project design, however, did include the installation of conduits throughout the project area and incorporated the future lighting locations into the design. The project design also sized the electrical circuits and metering to accommodate the future lighting installation in the event that funding becomes available. Additional decorative fixtures will be installed in the future phases of the Village Lighting Project along East Branch Street when funds become available. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendations; . Do not approve staffs recommendations; . Modify as appropriate and approve staffs recommendations; or . Provide direction to staff. Attachment: 1. Price Quotation - Rob Strong - FIXT QUOTE 3-1-04.xls Page 1 J Attachment 1 I. Rob Strong - FIXT QUOTE 3-1-04,xls Page 1 I Attachment 1 ~1l t'::~~;J~~"" U$ktin$ C.:;::~;' Products ,,;:' UGHTlNG STANDARD FOR THE CITY OF ARROYO GRANDE FIXTURE '. - SELL TOTAL ITEM TYPE QTY CATALOG# MANUFACTURER DESCRIPTION PRICE PRICE ! L50 SERIES, 150W HPS LAMP, TYPE 3 1 FIXTURE 12 L.5O-15OHPS-ACDR-FCSE3-QTAl120-SfZS3..PH7-BKTX-LMS3383SA LUMEC OPTICS, PHOTO CELL $766.33 $9 195.96 14 FT TAPERED AL POLE WI DEOCORATIVE BASE AND 30" BANNER 2 POLE 6 VSPA-14-B50-BA30".BKTX.LMS33835A LUMEC ARMS. $1 242.00 $7,452.00 30" BANNER ARMS FOR EXISTING 3 BANNER ARMS 12 BA30".BKTX.LMS33835B LUMEC POLES. lWO REQUIRED PER POLE $130.00 $1 560.00 J! DECORATIVE TWO PIECE BASE COVER 4 BASE B50-BKTX LUMEC FOR EXISTING POLES $275.56 $1 653.36 G $19,861.32 I.h. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH SPECTRUM CONSULTANTS, INC" TO PREPARE A FLEET MAINTENANCE STUDY DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended the Council: A. approve a Professional Services Agreement with Spectrum Consultants, Inc., in the amount of $15,852 for the fleet maintenance study; and B. appropriate funds in the amount of $15,852 from the unappropriated general fund balance. FUNDING: Funding for the Fleet Maintenance Study in the amount of $15,852 is to be appropriated from the general fund. There is an estimated June 30, 2004 balance of $2,502,165 in the general fund. DISCUSSION: Maintenance of the City's fleet of vehicles including service trucks, police vehicles, and construction equipment is provided by the Public Works Department. The Fleet Maintenance Coordinator along with one permanent part-time employee currently performs diagnostic evaluation and minor repair. All other routine and major repairs are performed by local vendors. The Public Works Department has a long history of providing services for City vehicles. Maintenance has been performed in-house except for major engine or transmission overhauls. More recently, with a reduction in staff from layoffs and budget constraints, the majority of the maintenance has been performed by local vendors. Several circumstances, including the retirement of the City's Fleet Maintenance Coordinator, have prompted a review of the vehicle maintenance program to evaluate potential cost efficiencies. ~"","".-._---- CITY COUNCIL CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH SPECTRUM CONSULTANTS,INC" TO PREPARE A FLEET MAINTENANCE STUDY APRIL 27,2004 PAGE 2 Three proposals were received to prepare a fleet maintenance study. The proposal from Spectrum was selected due to their ability to comprehensively address the requirements of the City's proposal. Reference checks indicated that they are a leader in this field, having prepared several successful similar studies for a number of jurisdictions contacted. The scope of service includes: . Review of current maintenance operations including the use of in-house staff and equipment. . Cost-benefit analysis of available service delivery alternatives, such as in-house repairs, contract with outside vendor(s), contract with another agency, or a combination thereof. . Analysis of the use of outside vendors versus in-house staff or other local agencies. . Analysis of the response time to perform repair requests in-house, by vendors and by another local agency. . Analysis of appropriate in-house staffing, skill, and performance levels. . Recommendation for future maintenance operation including the use of in- house staff, local vendors, other local agencies or a combination thereof. Essentially, the purpose of the study is to identify the most cost effective way for the City to provide this service and meet its needs. Therefore, staff is hopeful that potential savings will quickly exceed the project costs. Spectrum Consultants, Inc., is a fleet management firm specializing in the applications of proven fleet management technologies to federal, state and local government and private fleets. Spectrum is also the publisher of California Fleet News, a fleet management newsletter. Staff is recommending the Council approve a professional services agreement with Spectrum Consultants, Inc., to prepare a fleet maintenance study to investigate options and alternatives for maintenance of City vehicles. CITY COUNCIL CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH SPECTRUM CONSULTANTS, INC" TO PREPARE A FLEET MAINTENANCE STUDY APRIL 27, 2004 PAGE 3 ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation and approve a professional service agreement with Spectrum Consultants, Inc.; . Do not approve a professional services agreement and proceed with maintenance as currently provided; . Modify the request for proposals and solicit new proposals; or . Provide direction to staff. -- 9.a. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public Hearing on the following item: CASE NO,: Appeal of Plot Plan Review 04-002 APPLICANT: Tried and True Tattoo LOCATION: 1037 East Grand Avenue The City Council will consider an appeal of the Planning Commission's approval of Plot Plan Review 04-002 regarding the establishment of a tattoo parlor at 1037 East Grand Avenue. Any person affected or concerned by this. prbposal may submit written comments to the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.) before the City Council hearing, or appear and be heard in support of or opposition to the project. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council, at or prior to, the Public Hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Date and Time of Hearing: TUESDAY, APRIL 27,2004 AT 7:00 P,M, Place of Hearing: ARROYO GRANDE CITY COUNCIL CHAMBERS 215 E, BRANCH STREET , . . 'ARROYO,GRANDE, CALIFORNIA 93420 ~ 'I JtJvII'- ~. j .~~ Kelly etm'lre~ Directive of Administrative Services! Deputy City Clerk Publish 1 Time on Friday, April 16, 2004 - ~--~..,,-_.._._-- --~._--- MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~ BY: ~M BERGMAN, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF APPEAL OF APPROVAL OF PLOT PLAN REVIEW 04-002; TRIED AND TRUE TATTOO; 1037 EAST GRAND AVENUE; DATE: APRIL 27,2004 RECOMMENDATION: It is recommended the City Council adopt a Resolution denying the appeal and upholding the Planning Commission's approval of Plot Plan Review 04-002. FUNDING: No fiscal impact to the City is anticipated from this project. DISCUSSION: BackQround The applicant proposes to open a tattoo parlor at 1037 East Grand Avenue. Building modifications to date include a waiting/art review area, two tattoo workstations, office areas consistent with a tattoo parlor (see attachment 1), and new window signs. The permit process for the proposed use has followed provisions of the Arroyo Grande Municipal Code and include Community Development Director approval of Plot Plan Review 04-002, appeal, public hearing and approval by Resolution of Plot Plan Review 04-002 by the Planning Commission and an appeal by the City Council (see attachments 2 and 3 for Planning Commission staff report and minutes). The Development Code does not list "tattoo parlors" as an allowed use or specify an applicable permitting process. Section P of Table 16.36.030(A) requires that other uses similar to and no more objectionable than the uses identified are allowed as determined by the Planning Commission. Additionally, section '16.16.050.B states that a Conditional Use Permit may not be required if the Community Development Director finds that: 1. The project will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more than twenty-five (25) percent of the floor area of the structure before that addition, or five hundred (500) square feet, whichever is less, and ~.~~._- CITY COUNCIL SUBJECT: CONSIDERATION OF APPEAL OF APPROVAL OF PLOT PLAN REVIEW 04-002; TRIED AND TRUE TATTOO; 1037 EAST GRAND AVENUE; APRIL 27, 2004 PAGE 2 OF 7 2. The proposed use is the same or similar in character to the existing use, as determined by the Community Development Director based on the following use categories. Exceptions may be allowed if the Community Development Director determines that the use is less intensive than the existing use; and 3. The project is exempt from CEQA review and there is no possibility of a significant impact on the environment. The Community Development Director determined that a Plot Plan Review was appropriate for the use pursuant to AGMC Section 16.16.0508. The Community Development Director tentatively approved Plot Plan Review 04-002 subject to a 10-day appeal period to identify any community concerns or objections prior to the approval becoming effective. Public notice was mailed to property owners within 300 feet of the subject property. No letters from the public, either positive or negative, were received. The Planning Commission appealed the Community Development Director's decision. The Planning Commission's appeal hearing was also noticed by mail and publication, and no letters of opposition were received. At the Planning Commission meeting held on March 16, 2004, one citizen expressed opposition to this type of use within the City of Arroyo Grande. After discussion, the Planning Commission then approved Plot Plan Review 04-002 (4-0 vote with Commissioner Arnold absent) and determined that the use was acceptable at the proposed location. Arroyo Grande Municipal Code Table 16.30.030 (A) (the "Commercial Use Table") lists the uses allowed within the General Commercial District, the applicable level of review, and permitting requirements. The commercial use table establishes the process to be followed when a. specific proposed use is not listed. The Planning Commission is charged with determining whether such an unlisted use is similar to and no more objectionable than other specific listed uses. The City Council is now charged with the determination if a Plot Plan Review is the appropriate level of review or whether the uniqueness of this proposed use merits a heightened level of review through the Conditional Use Process. It should be noted that classifying and codifying this proposed use is being addressed as a part of the ongoing Development Code update. On August 26, 2003, the City Council approved Ordinance No. 544, which includes tattoo parlors within the definition of "Restricted Personal Services." Restricted Personal Services is defined in Municipal. Code Section 16.04.070 as "personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: check cashing stores, fortune tellers, palm and card readers, pawnshops, psychics, and hot tubs for hourly rental, and tattoo and body piercing services." It should be further noted that restricted personal services are not permitted in the VCD and VMU, but are allowed within the Traffic Way Mixed Use District subject to a --.^ CITY COUNCIL SUBJECT: CONSIDERATION OF APPEAL OF APPROVAL OF PLOT PLAN REVIEW 04-002; TRIED AND TRUE TATTOO; 1037 EAST GRAND AVENUE; APRIL 27, 2004 PAGE 3 OF 7 conditional use permit, if appropriate findings can be made. The Planning Commission and City Council will soon be considering DCA 03-008, which will establish allowable uses and permitting requirements (including restricted personal services) for the remaining commercial districts. Public Health and Welfare Tattooing, like any invasive medical process utilizing syringes and needles, can cause serious health problems. These include: the transmission of blood-borne pathogens (such as Hepatitis and HIV), life threatening and non-life threatening infections, dermatitis, urticaria, and foreign body-induced granuloma. The Center for Disease Control states: "CDC knows of no instance of HIV transmission through tattooing or body piercing, although hepatitis B virus has been transmitted during some of these practices." ReQulation of Tattoo Shops Federal and state laws regulating tattooing are few. Three states at one time outlawed tattooing, but currently only Oklahoma still has its ban in place. Recently, the Supreme Court of the United States chose not to review a case related to the ban that was in place in the state of South Carolina. California law is not silent as it relates to tattooing: California Penal Code Section 653 states: "Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor" (Attachment 4). California Health and Safety Code Sections 119300 through 119309, which was enacted in 1998, contains several relevant provisions including (1) defines tattooing (2) charges the California Conference of Local Health Officers to establish sterilization, sanitation, and safety standards for persons engaged in the business of tattooing, body piercing, or permanent cosmetics, (3) adopt a blood borne pathogens standard, (4) distribute the standards to all county health departments within 30 days of adoption, (5) requires each county to register and collect $25 from each tattoo artist, (6) collect a $105 annual inspection fee, (7) conduct an annual inspection of each location, (8) provides penalties for non-compliance, and (9) allows the President of the California Conference of Local Health Officers to act as the chairperson of a taskforce to be formed for the purpose of recommending legislation to the legislature concerning licensing, training, sanitation, and other subjects deemed necessary to protect the health and welfare of persons seeking the services of practitioners of tattooing, body piercing, and permanent cosmetics (Attachment 5). However, since the time the law went into effect, the California Conference of Local Health Officers has failed to establish standards of sterilization, sanitation, and safety standards for persons engaged in the business of tattooing, body piercing. or permanent cosmetics or adopt a blood borne pathoaens standard, Due to this inaction, the Health Department of the County of San Luis Obispo only reaisters and collects the $25 fee, but does not inspect or enforce other parts of this law, A verbal discussion with a County Health staff member revealed that the department might be unsure if this enacted state law pre-empts the county from making its own rules in the - --"- ._--~.- CITY COUNCIL SUBJECT: CONSIDERATION OF APPEAL OF APPROVAL OF PLOT PLAN REVIEW 04-002; TRIED AND TRUE TATTOO; 1037 EAST GRAND AVENUE; APRIL 27, 2004 PAGE 4 OF 7 interim. The County of San Luis Obispo Health Agency does give each registered tattooist a copy of suggested guidelines based upon a draft version of the California Conference of Local Health Officer's standards (Attachment 6). Staff has also been informed that if a serious public health issue arose from a tattoo shop or any other business, the County Health Officer does have the power to close the establishment. Land Use PlanninQ Consideration of impacts related to tattoo estab1ishments may include parking, loitering and blight. . Parking - Parking required by the Municipal Code for the site is 21 spaces (4,584 s.f. of retail/1 space per 250 s.f. and 2 covered parking spaces for the housing unit. The owner of the property currently provides 15 parking spaces while some of these spaces are substandard in size. To date, even when the Internet Cafe was in business, there has been no parking issues reported to the City. The proposed property has undeveloped space that can be improved to provide extra spaces although responsibility for this improvement needs to be identified between the applicant, other leaseholders and the property owner/property manager. In his initial approval, the Community Development Director placed a condition that additional required parking be provided before the opening of the tattoo shop. . Loitering - A common concern is that tattoo shops promote loitering. Staffs. observations indicate that loitering depends on the nature of the specific establishment. While some can be sited as a problem, the majority in this area are not. . Blight - The concept of the blighting influence of tattoo parlors may have originated simultaneous with suburban migration and the ensuing urban decline and renewal efforts of the 1960's. The blighting potential of tattoo shops is most likely based on the idea that public perceptions may decrease patronage to nearby businesses or decrease the value of adjacent retail structures. One of the principles of local regulations for tattoo parlors and other restricted personal services is geographic separation in an effort to avoid concentrating potential blighting uses in one location. Geographic separation is one of the purposes of establishing this use as a restricted personal service use. At this time, there are no restricted personal services located near the proposed site. Tattoo Establishment ReQulation Since the proposed action involves not only the proposed project, but also determination of the appropriate process, staff presents an analysis of processes utilized by other jurisdictions. The spectrum of tattoo parlor use regulations in other areas ranges from the outright ban of the practice in the States of Oklahoma, South Carolina, and Massachusetts (recently repealed in South Carolina, 2004, and in Massachusetts by the State Courts in 2000) to the reliance on self-regulation and the risk of personal liability CITY COUNCIL SUBJECT: CONSIDERATION OF APPEAL OF APPROVAL OF PLOT PLAN REVIEW 04-002; TRIED AND TRUE TATTOO; 1037 EAST GRAND AVENUE; APRIL 27, 2004 PAGE 5 OF 7 commonly seen today. The regulation of tattoo parlors by local governments has gone through several phases related to fluctuations in the popularity of the practice, health related events, and technological advancements in equipment and sterilization techniques. The regulation of tattoo shops is often difficult due to multiple variables associated with the practice such as land use impacts, public health issues related to the transmission of communicable diseases, economic welfare of surrounding property owners and first amendment speech rights of the tattoo artist and their customers. This report is staffs best effort to present the Council with the information it needs to make a decision related to the proposed use at 1037 E. Grand Avenue. Staff has used resources, which includes books, peer reviewed medical journals, contact with government agencies, newspaper searches through LexisNexis, the Internet and site visits to tattoo shops operating outside of the City of Arroyo Grande. Staff has researched regulations from 170 cities and counties in the State of California in an effort to survey local government regulations of tattoo shops. Research revealed that 130 (76 percent) of the 170 cities and counties studied did not regulate tattoo operations. Table 1 below, indicates the types of regulations utilized in each of the 40 municipalities who regulate tattoo establishments. Table 1 ~dditional fee 4 Prohibit in certain areas or CUP 11 Definition only 7 Geographic separation 2 In-Depth Public Health Code 9 Stated parking requirement 2 Director's review 1 Defers to County Health 2 Ban 2 Nine of the cities surveyed have enacted stringent and in-depth laws that regulate tattoo shops based upon public health principles. Staff believes that future adoption and enforcement of similar regulations based upon the County of San Luis Obispo Health Agency's guidelines would mitigate potential public health issues associated with tattoo shops in the future and may only be needed until the California Conference of Local Health Officers can establish standards statewide. Staff also recommends that the City Council consider adoption of the relevant County of San Luis Obispo Health Agency's guidelines in the form of conditions for this application, in conjunction with potential project approval. Enforcement of these conditions could force the City into a public health CITY COUNCIL SUBJECT: CONSIDERATION OF APPEAL OF APPROVAL OF PLOT PLAN REVIEW 04-002; TRIED AND TRUE TATTOO; 1037 EAST GRAND AVENUE; APRIL 27, 2004 PAGE 6 OF 7 inspection role that it currently does not provide or is trained to handle. Contact regarding possible cooperative inspections with the County of San Luis Obispo Health Agency is recommended. Although rare, staff's research found that the Cities of Paso Robles and Watsonville currently prohibit tattooing. According to staff of the City of Watsonville, their regulation was created 20 to 30 years ago based upon an unknown record. Prohibition of tattooing in Paso Robles was instituted in 1994 and is based upon unsanitary conditions possibly leading to the transmission of infectious diseases and the statement that "tattoo parlors are not consonant with the type of image which the city wishes to project." Prohibition of tattooing has yet to face a legal challenge. . As part of the pending public hearings for Development Code Amendment No. 03-008, the Planning Commission and City Council will need to specify the level of review required for restricted personal services in the remaining commercial and mixed use districts. It can be an allowed use; require a Plot Plan Review or other Minor Use Permit; be subject to Conditional Use Permit or Not Permitted in each zone or district as determined by this Development Code Update. Because it is defined as a "restricted personal service" staff will recommend that at a minimum it should require a Plot Plan Review, or alternatively, that such uses should be subject to Conditional Use Permit for case by case consideration. Staff will also recommend that that the use be "Not Permitted" in the proposed Office Mixed Use districts. AL TERNA TIVES: The following alternatives are presented for Council consideration: - Adopt attached Resolution denying the appeal and upholding the Planning Commission's approval of Plot Plan Review 04-002. - Take tentative action to uphold the appeal and direct staff to return at the next meeting with a supporting Resolution. - Take tentative action to uphold the appeal on the issue of the Planning Commission's determination that a Plot Plan Review/Minor Use Permit is the appropriate level of review per Arroyo Grande Municipal Code Section 16.16.050.B. and direct staff to return at the next meeting with a supporting Resolution requiring a Conditional Use Permit. - Provide other direction to staff. Attachments: 1. Plot plan 2. Planning Commission staff report 3. Planning Commission minutes 4. California Penal Code Section 653 CITY COUNCIL SUBJECT: CONSIDERATION OF APPEAL OF APPROVAL OF PLOT PLAN REVIEW 04-002; TRIED AND TRUE TATTOO; 1037 EAST GRAND AVENUE; APRIL 27, 2004 PAGE 7 OF 7 5. California Health and Safety Code Section 119300-119309 6. County of San Luis Obispo Heath Agency guidelines 7. Additional information provided by the applicant -~_. RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF PLOT PLAN REVIEW CASE NO, 04-002, LOCATED AT 1037 EAST GRAND AVENUE, APPLIED FOR BY GARY ELLSWORTH WHEREAS, the City Council of the City of Arroyo Grande has considered an application for Plot Plan Case No. 04-002, filed by Gary Ellsworth, for the establishment of a tattoo parlor; and WHEREAS, the City Council has held a public hearing on this application in accordance with the Municipal Code; and WHEREAS, the City Council found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan; 2. The proposed project conforms to applicable performance standards and will not b~ detrimental to the public health, safety, or general welfare; 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. On motion by Council Member, seconded by Council Member, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 27th day of April, 2004. --~-- RESOLUTION NO, PAGE 2 TONY M, FERRARA, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES! DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY RESOLUTION NO, PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL PLOT PLAN REVIEW 04.002 1037 EAST GRAND AVENUE COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Plot Plan Review 04- 002. 3. Development shall occur in substantial conformance with the plans presented to the City Council at their meeting of April 27, 2004 and marked Exhibit "B". 4. The applicant shall, as a condition of approval of this Plot Plan Review application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. SPECIAL CONDITIONS: 5. Adequate parking for full retail office and residential uses per the Development Code (1 space for 250 square feet of retail and office and 2 spaces for residential) must be provided before the tattoo shop can open for business. 6. The applicant and all employees shall follow and comply with all provisions contained in the draft copy of the California Conference of Local Health Officers Pr:oposed Model Program, which is attached hereto as Exhibit "C" and incorporated herein by this reference. . ~--,.",-,._.,_. . . .. -. .._"t.'.....:.:::.;..:'~..~.:...;....;..-..~~.... . .2._.:-~....:;:. ":..:...: -. . .i-...-.;~..:.\.: --_.....~. :~.~;:-~,",,'....~...:i-."'.' ..' ',:. .:.... . ..;>~-;-~~_':~' _ ~Tr~ed and Tr.u-~.Tatto-o, 1 037 E' GritIid Av~:.ArrqypG(ciDae~,.tA~s Exhibit B ... -': -~..'~--.-: - ,~; -' ...' 805~4.8,.-9400.. .,. ""-:': = '., "-=-",,-,::,',,:;=';~,. ....-..:.,..,-......''''.. - .,. ~",".-.,..~";""": Contact. G. ary Ellsw' orth 805 _801 .4956 ... -- ..---.." -. -----. -. . - ...._. ...--_..._--_....-.....-..-"'...-~_........-".---_..._.. - - - . -.-.- --'"' ... - _. --". -."::':-:: .---_._. .. :.'~?:":;~';~'~:'~~~:r::~<~.~;--~~:.':~~':\:~:':':.~~ -~:-,:' . .:.. -. ":..' :;'i.~~~.. ~:.~~., :.~'- -". ~;:.-: :.:.-~ ."".-:< J:/.' ';:;T..:-~-~~::.:;f~;~;~~~~~;':.x:-':<:: . ~. .- - . "":".' .:--...... -. " ~ ". -. -......:-;_..:;.....;. --- .. -.... . ,- .... .-. -. .. " .. . . - . -- o .0 - . " . .. Lob~y ar~a Red lines inq"ic~te p~it!t!~D:~~n~. appro~ Walls will be 48" tall, framed with . 14'W X. 8.~'L 2x4's nailed with 16d n~ils' studs 1. . 1 on center at 16". Walls will be covered With 5/811 dryWall attached with '1-1/411 drywall screws. WaJ)s will be anchored to floor with standard shot pins every 1611, Center and to outei.iwall with 3.n I~g bol.ts ." ,- . Worl<StatlO) aisle nVI approx 3'.d approk 5WX8'L WI e 5'WX~ 'L o o Wall dimensions: . Walls extending from outer wall will be 5'6n wide . Walls running parellel to building C~IIi:~in middle of floor will be 4' long. aisle I Walls running parellel to buildi~g Work Statior 3' wide Work Sta ion towards back of floor will be approx . appro I 5WX8'L SWXf:. L 2 long. All walls will be 48" tall b 0 .:i~ BIR i~;f!~ ~;;:~.:: ~~:.~:~.~.::?~::::.'-~C:~: :~~,::~~ 4 X4 5d ~:,:::::;-"'::'. . W, .:..~ .-;,......~. ~~~: .._ ~i1~~?f~ ~ ~,,;.~%. ~;! 951 vX45d . ._ ~~~~_:-. .'._:.. ..:' _ .~_ :..'~ . _ _ .. . _-_' ,p_: __~~~>.::._--_~...: n .' < _. .--____ _A _._ \ .. t " . I Tried and True Tattoo, 1037 E Grand Ave, Arroyo Grande, CA 93420 . 805-481-9400 Contact: Gary Ellsworth, 805-801-4956 ~~~. . ~~ - ~ ..- p 0 Green lines indicate new track lighting layo'ut which will replace existing 8' flour. - fixtures. Tracks runn'ing parallel - to the building are 12' long. These tracks are placed 3' from the side walls and 4' from the rear wall. C There is an additional track, 8' long theat parellels the angle og the front wall of the unit. It is placed approximately 6' back from the front wall 0 0 Green circles incicate ceiling fan placement, Fans wil be on 6" downrods, Small circles along walls C indicate outlets. I 0 0 - . . ..... '.. . . .... i SIR I- .... . 4wX4.5d ,c. :';.:~t'_,;;: 9.5 vX4.5d I~,B: .,." I ".:''.!,.,.'.:. ... W 0 3: 0 r0- W' ~ W ::- .., '::';; 0:: ::> @ VI I"t'I W 0 U ~,V'I., ~ c( Q 0:: X Z ....W,...:;.:! w __ <2:: Z ,. .. U" .,;, ~ > ~ == ~ ~};C~~ill: ~ : g ~ : 0:: \.9 W Z 0 ~ -' . -, ,-, ,.. . "..",...,0:::( -~,' 0:: c( t:; ~ W 0 V) '" ~ ~i_;';'-<>''';'';'+i~'C3 '.lcSa~a'XlJNnWWO:J t;; <( w ~ i ~1-':':'~'m.'~~~~i~i~)..jAU:J ~ ~ ~ ,J '.~~ ':;''-'031\13331:1 _. .~~r . . ._..; '<::-':/~i. /';,..:-.:.;'~~::'::.y,,:;:';:,..':::.,,:;:::;. :,"',.;:";;.. - ..--.-. -~- --". . -.-- ~-!'.: . Exhibit C , CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS PROPOSED MODEL PROGRAM including STERn .T7ATION, SANITATION, AND SAFE1Y STANDARDS FOR TATIOOING, PERMANENT COSMETICS AND BODY PIERCING As Submitted to tbe California Department of Health Services, 6130/98, Pursuant to AD .186 , 9130/98 L Defmitions The following terms contained in jhis document shall have the following meaning: . (a) APPROVED means acceptable to the Director of the local enforcement agency (LEA). (b) BLOODBORNE PATHOGENS means pathogenic microorganisms that are present in human blood and can cause disease in hums. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C Virus (HCV) and human immunodeficiency virus (HIV). (c) BLOOD EXPOSURE INCIDENT means piercing the skin through such events as needlesticks, cuts, and abrasions from material contaminated with blood from a client, or eye, mouth, other mucous membrane, or non-intact skin contact with blood or blood-contaminated material from a client. (d) . BODY PIERCING means the creation of an opening in the human body for the purpose of inserting jewelry or other decoration. This includes but is not limited to, piercing of an ear; lip, tongue, nose or eyebrow. Body piercing does not, for the purpose of these standards, include piercing the leading edge or earlobe of the ear with a sterile, disposable, single-use stud . or solid needle that is applied using a mechanical device to force the needle or stud through the ear, (e) BODY PIERCER means any person who is registered by the LEA to . perform body piercing. (f) BUSINESS OWNER means a1U' person, corporation, partnership, limited liability company, association, trust or unincorporated organization which owns or partially owns the business conducting tattooing, body piercing or permanent cosmetics. (g) CONTAMINATED means the presence or reasonably anticipated presence of blood, body fluid or other potentially infectious materials in or on the surface if an item. (h) CONTAMINATED WASTE means any contaminated material used in tattooing, permanent cosmetics or body piercing that is to be disposed of. (i) ENFORCEMENT OFFICER means the Director or hislher designees of the LEA . . Proposed Model Program September 30. 1998 . G) . EXPOSURE CONTROL PLAN means a written plan, applying to all those who perform tattooing. application of permanent cosmetics. or body piercing within a facility. describing how the applicable requirements of this standard will be implemented. It is designed to eliminate or minimize employee and client exposure to bloodbome pathogens and other communicable diseases. (k) FACILITY means any room, shop. space or vehicle where tattooing. permanent cosmetics or body piercing is performed. . Q) INSTRUMENT means tattooing. permanent cosmetics or bod,y piercing equipment. Such equipment includes. but is not limited to needles, needle bars, needle tubes, forceps, hemostats, tweezers, pliers, or other implements used to insert pigment, pierce, puncture, or be inserted into any part of the human.body for the intended purpose of making a tattoo or . permanent hole. Such equipment also includes studs, hoops, rings, or other decorative jewelry, materials or apparatuses inserted into any part of the body for the intended purpose of placement in a hole resulting from piercing. (m) LOCAL ENFORCEMENT AGENCY (LEA) means the local department of health or environmental health responsible for enforcing these standards. (n) MINOR means any person under the age of 18 (eighteen) years. (0) OWNER means and includes every person having ownership. control or custody of any place of business or employment. . (P) PERMANENT CqSMETICS means the application of pigments to or under the skin of a human being fot the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color and semi-permanent cosmetic make-up application. (q) PERMANENT COSMETICS TECHNICIAN means a person who is registered with the LEA to apply permanent cosmetics. (r) PERMANENT HOLE means a hole produced by piercing or puncturing any part of the body, with instruments intended to leave an opening" in body tissue(s) into which an appropriate device or apparatus may be inserted. Permanent hole would include any body part newly pierced or punctured which is undergoing a healing process; and, any piercing whether or n~t removal of a device or apparatus fi:om the perforation would result in fusing or healing of the tissue or skin structures. (s) PERMIT means written approval by the LEAto operate a tattoo, permanent cosmetics or body piercing facility, Approval is given in accordance with these standards, and is separate from any other licensing requirements that may exist within the local jurisdiction. (t) PIERCING DEVICE means any device used for the creation of an opening in the human body for the purpose of inserting jewelry or other decoration. 2 . . Proposed Model Program September 30, 1998 . (u) PIERCING GUN means a handheld tool that shall be used exclusively for piercing the ear, into which single use pre-sterilized studs and clutches are placed and inserted into the ear by hand squeezed or spring loaded action to create a permanent hole. The tool must be made of plastic, stainless steel or other material that is able to be disinfected. (v) PROCEDURE AREA means the immediate area where instruments and supplies are placed during a procedure. (w) PURCHASED PRE-STEIU' .T~ED means instruments or procedure set- ups that are sold individually packaged and steriliz~. Each p~ckage shall have an auclitable sterilization lot number fTom a sterilization facility. (x) REGISTRATION means the applicant has complied with all the requirements of the LEA and has received a Certificate of Registration. (y) SANITIZATION means effective bactericidal and virucidal treatment of . clean equipment surfaces by a process that has been approved by the LEA as being effective in destroying pathogens. It is not the same as sterilization. (z) STEIn] .T7ATION means the destruction of all living organisms including spores. t (aa) TATfOOING means inserting pigment under the surface of the skin by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. This includes but is not limited to, eyeliner, lip color, camouflage, stencil designs and free hand designs. (bb) TA TfOOIST means any person who is registered with the LEA to apply tattoos. (cc) WORKSTATION means an area that is set up to perform tattooing, permanent cosmetics or body piercing. A workstation can be a separate room or an area that can be screened to insure privacy when performing nipple, genital or other discretionary area tattooing or piercing. n. Rights sf the Enforcement Officers Enforcement Officers are charged with the enforcement of all provisions of these standards, and all standards adopted pursuant to it. The Enforcement Officer may enter, inspect, issue notices ofviolatiol1 impound, copy records. and secure any samples, photographs, or other evidence from any tattoo, permanent cosmetic or body piercmg shop, or any facility suspected of being a tattoo. permanent cosmetic or body piercing shop. for the purpose of enforcing these standards. The Enforcement Officer shall be a Public Health Nurse or Registered Environmental Health Specialist (REHS) andhave a minimum of the following training: (a) A health and safety class with a cun-iculum that includes all of the sections included in the Exposure Control Plan. and (b) Basic know/edge ofvocabu/ary, instruments and equipment used in 3 . , Proposed Model Program September 30. 1998 . tattooing, permanent cosmetics, and bodypiercing 1wh8n 8111/1f IY8I8bI8l m Certificate or Registration No person shall perfonn tattooing, application of pennanent cosmetics, or body piercing unless such a person is registered with the LEA to perfonn tattooing, permanent cosmetics, or body piercing. Vpon conipletion of all the requirements of registration, the candidate will receive a Tattooist, Body Piercer, or Permanent Cosmetics Technician Certificate of Registration. The Certificate of Registration shall require ren~a1 three (3) years from the date of issuance. A physician and surgeon licensed under Chapter 5 (commencing with sec. 2000 of Division 2, Business and Professions Code) or a person engaged in the piercing of the l~ding edge or earlobe of the ears only is exempt nom . registration requirements. IV. . Registration Requirements and Procedures Applicant must be at least eighteen (18) years of age at the time of application. and shall: (a) Obtain a copy of the LEA standards and commit to comply with the standards. Sign acknowledgement of the receipt of the standards. (b) Complete all LEA application forms and pay required registration. permit and inspection fees where required. (c) Registration information shall include the full name of applicant, home address of applicant and a full description of the procedures to be performed by applicant. (d) Provide the name, business address and hours of operation of the facility and the address at which the registrant will perfonn any activity covered by these standards. . (e) Provide proof of successful completion of an LEA approved health and safety class that has a curriculum that contains all of the sections of the Exposure Control Plan. (f) Demonstrate by examination, knowledge of baSic tattooing, permanent cosmetic and/or body piercing techniques, Universal Precautions, health and safety precautions. sanitation and sterilization techniques designed to prevent cross contamination. The minimum passing grade shall be set by the LEA. ll/J8r8 IIItIJ8 t:lJlJl8llfllJllIIIl/J/8 f'IIJ!/I/IIIIII (g) FQr renewal of registration, the registrant must provide proof of successful completion of an LEA approved continuing education course. The registrant must complete at least one LEA approved continuing education course during every three-year registration period. The class in preventing disease transmission may be repeated (h) Registration is not transferable from one person to another. The Certificate of Registration must be prominently displayed to the public, at the registrant's wox:kstation, in every shop where the registrant practices. 4 -. . . Proposed Model Program September 30, 1998 . ill A Certificate of Registration may be revoked at any time after due process. Registration may be suspended by the LEA, after failure to correct violations on an official notice of violation. or failure to comply with the conditions set forth at an administrative hearing. If the registrant shows an inability or unwillingness to correct violations and comply with the standards. his or her Certificate of Registration may be revoked. G) Notwithstanding the other provisions of these standards; if the Enforcement Officer or any other duly authorized representative finds any unsafe practices or unsanitary conditions in the operation of a tattoo, pennanent cosmetic, or body piercing shop which constitute an imminent danger to the public health, the Enforcement Officer may serve an order upon the registrant, owner or manager citing such conditions and specifying the corrective action(s) to be taken within a period of fifteen . (15) days or less as designated by the Enforcement Officer. Such order may state that the registrant's registration is immediately suspended and all tattooing, pennanent cosmetics andlor body piercing procedures are to be discontinued fortbwith and such tattoo, permanent cosmetic, or body piercing operations are to be closed. Any person to whom such an order is issued shall comply immediately. As promptly as possible thereafter and within fifteen (15) days, the Enforcement Officer shall provide such a person an opportunity to be heard. .~ Temporary Certificate a/Registration (a) A person may obtain a Temporary Certificate of Registration that allows the practice of tattooing, permanent cosmetics or body piercing in a permitted shop, convention, or educational function. A temporary . Certificate of Registration is validfor no more than thirty (30) consecutive days in a ninety-day period. (b) Requirements for temporary registration Applicant must be at least eighteen (18) years of age at the time of application and shall: (1) Obtain a copy of the Department ~ standards and commit to comply with the standards. (2) Complete application and pay fees to the LEA, (3) Provide the name and address of the LEA. approvedfacility or . special event where registrant will be performing tattooing, permanent cosmetics or body piercing. (4) Pass a registration examination with a minimum grade of 70%. (5) Prominently display the Certificate of Registration at any workstation in which he/she practices. (c) A temporary Certificate of Registration may be revoked at any time if the Enforcement Officer finds any unsafe practices or unsanitary conditions in the operation of a tattoo, permanent cosmetics or piercing facility, which constitutes an imminent danger to public health. A1ry person to 5 . . PropC!sed Model Program September 30, 1998 .. whom such an order is issued shall refrain from all tattooing or piercing procedures until all unsafe practices and conditions are con-ected and the E1iforcemcnt Officer approves the shop to reopen. VI. Oients and Oient Records (a) No tattoo or pennanent.cosmetic application shall be applied to any person under eighteen (I 8) years of age, regardless of parental consent, except when authorized or prescribed by a physician's statement. (b) Persons under the age of eighteen (18) years of age may receive body. piercing provided they are aeeompanie~ by their that the body piercing is performed in the presence of. or as directed by a notarized writing by. the person's parent OF guardian. The minor shall have a valid identification and . the parent or guardian shall have a valid picture identification. Nipple and genital piercing is prohibited on minors regardless of parental consent. (c) Before administering a tattoo or permanent cosmetic, the client must be advised that pennanent cosmetics or any other tattoo should be considered . permanent; that there is potential for adverse healing such as keloid formation and hypertrophic scarring: that it can only be removed with a surgical procedure; and that any effective removal may leave scarring. Written information to this effect shall be included on the consent form to apply a tattoo. (cO Tattooing, permanent cosmetics, or body piercing shaIi not be performed on skin surfaces which have sunburn, rash, pimples, infection, open lesions, . mole, or manifest any evidence ofunhea1thful Con~itions without medical clearance. (e) Tattooing, pennanent cosmetics and body piercing may not be performed on any person who is impaired by drugs or alcohol. (f) The 5hep business shall maintain proper records for each customer. The records of the procedure shall be keptfor three (3) years and shall be available for inspection by the Enforcement Officer. The records shall include the following: (1) The date of the procedure, (2) Record of information on the picture identification showing name, date of birth,' gender and current address of client. (3) The design and location' of the tattoo, permanent cosmetics, or body piercing. (4) The name and registration number of the tattooist, permanent cosmetic technician or body piercer, (5) Copy of the signed client information and consent form to perform the tattoo, permanent cosmetic or body piercing procedure. 6 - Proposed Model Program September 30,.1998 - (e) At least fifty (SO) foot-candles ofartificial1ight shall be provided at the level where the tattoo) permanent cosmetics or body piercing procedure is being performed. (f) All surfaces) including but not limited to) counters) tables, equipm~ chairs) recliners) shelvin& cabinets in the service areas and cleaning room shall be made of smoo~ non-absorben~ non-porous materials to allow for easy cleaning. . (g) Hand sinks with hot and cold running water operated by wrist or kpee action shall be located in each work area. Hand sinks shall be st,1pplied with liquid soap and single-use paper towels from sanitary dispe'nsers, If there are two or more work stations within a roo~ all may share the hand sink. A work station in a separate room shall include a hand sink. :\ (h) The cleaning room-or areashaIl have a separate sink reserved for . instrument clean up activities only, (i) In addition to adequate hand sinks and a cleaning area sink, the shop shall have a separate janitorial sink available for use by the facility, 8/11 /II18II tIJat , rtII/IIk'81116I tor tI1rI8l11/181211li1kll1ll1ll1"118l1 , II8rt/sbI1.l (i) Water supply shall be from an approved source. t G) Sewage including liquid wastes shall be .disposed ofin a public sewer or) in absence thereof: in a manner approved by the LEA G) There shall be access to a telephone in order to make paramedical services avai1able in case of need. i.e.. access to 911. , XII. Temporary"and Mobile Facilities (a) Temporary facilities .include those for educational or convention purposes. To the extent possible, they shall meet the facility requirements in Section XIV. At a minimum, they must include: (1) Temporary handwash facilities and hand sanitizer located within each work or demonstration area. A temporary hand wash facility shall consist of liquid hand cleanser) single-use paper towels and wann potable water dispensed from an insulated container with a spigot that is raised a minimum of twenty-five (25) inches off the floor. Wastewater shall be collected in a bucket placed on the floor ,~ under the spigot. Warm potable water shall be replenished and . wastewater removed as necessary. (2) At least fifty (50) foot-candles of light at the level where the procedure is being performed. (3) A separate cleaning and sterilization area must be provided for use by the participants that supplies an adequate number of sinks and LEA-approved sterilization units for cleaning and sterilizing equipment to be used during the event. (4) Only sterilization units approved by the LEA and use<L cleaned and maintained accor9ing to manufacturer7s instructions shall be utilized. All sterilization units used at the event shall have 9 Proposed Model Program September 30, 1998 - certification of a negative spore test on the sterilizer within the last 30 days: (b) Mobile units or vehicles must comply with the following requirements. (1) The mobile vehicle shall be equipped with a sink for the exclusive use of the registrant for hand washing and preparing customers. An adequate supply of potable water shall be maintained at an times that the mobile shop is open for business. . (2) . All liquid wastes' sha11 be stored in an adequate storage tanf with a capacity at least fifty percent (50%) greater thaI1 the capacity of the on-board potable water, Liquid wastesshaIl be disposed of at any approved trailer dumpsite. (3) If there is not .an on-board restroom, the mobile vehicle shall be :\ operated within 200 feet of a public restroom. .. . (4) All procedures must be performed inside the mobile vehicle. No procedures shall be performed outside of the vehicle, xm. Housekeeping Standards All tattoo, permanent cosmetic, and body piercing facilities shall meet the following criteria: . (a) All areaS shall. be kept neat, clean and in good repair. (b) All surfaces and equipmen~ (chairs, work stations, counters, client recliners , or chairs, dispensers) in the procedure area shall be made of smooth, non- absorbent, non-porous material that can Withstand repeated disinfection. (c) An Environmental Protection Agency (EP A) regist~red hard surface disinfectant product or gel1l1ieide (iodophor, chlorine. phenolic, or alcohol containing germicide used according to manufacturer's instructions. or a 1:100 dilution of household bleach and water (two (2) tablespoons of bleach in one (1) quart of water) shall be used after cleaning to disinfect , any surface contaminated with blood or body :fluids. (d) All facilities shall have the waiting area separated trom the workstations and the cleaning room or area. A public restroom shall be available to clients during all business hours. (e) Tattooing, body piercing and permanent cosmetic activitiesshaIl be ~ separated trom nail and hair activities by a solid barrier in such a manner as .. to prevent contact with irritants including but not limited to hair spray and nail dust. (f) The cleaning room or area shall be set up in a manner to provide distin~ separate areas (or cleaning equipment, and for the handling and storage of sterilized equipment. The cleaning area sink shall be reserved for instrument cleaning only and shall not be used as a janitorial sink. (g) Large capacity ultrasonic cleaning units shall be clearly labeled biohazardous and placed away from the sterilizer and workstations. All ultrasonic cleaners shall be used. cleaned and maintained according to manufacturer's specifications. . .. 10 - Proposed Model Program September 30, 1998 . VB. Hepatitis B V~ccination . All registrants must either: (a) Document protection against hepatitis B in the fonn of: (1) certification of completed vaccination or, (2) laboratory evidence of immunity or , (b) File a certificate of vaccination declination for HBV. The declination for vaccination shall be kept on file in the shop and made available during inspection. . . . - VIII. Facility Permit Requirements (a) It shall be unlawful for mry person to operate a tattoo, permanent cosmetics or piercing facility without first obtaining a permit from the LEA, A physician, performing tattoo or piercing procedures in the physician's office or clinic, is exempt from this requirement. (b) Only a person who complies with the requirements of these standards shall be entitled to receive and retain such a permit, Permits shall not be transferable from one person to another, from one place to another or from one vehicle to another. The permit must be prominently displayed to the public. The permit shall expire (1) one year frQm the date of issuance, (c) The following information will be requiredfor the permit application: (1) Name of applicant, (2) Residence of applicant. (3) If a partnership, the names and residence addresses of each of the parmers. (4) If a corporation, the names and addresses of a designated corporate officer and an onsite facility representative, (5) The location of the proposed establishment, Department approved plans and scope of operation. (6) A complete description of all tattoo, permanent cosmetics or piercing services to be provided IX. Faeility Business Owner Responsibilities The faoility business owner or operator of any tattoo, permanent cosmetic, or body piercing facility shall: (a) Allow the Enforcement Officer or any duly authorized representative, after proper identification. to enfer during business hours, any tattoo, permanent cosmetic, or body piercing shop within hislher jurisdiction. to inspect, and 7 . . Proposed Model Program September 30, 1998 make as many additional inspections or re-inspections as are necessary for the enforcement of these standards. (b) Be responsible for all facility registrants complying with all health, safety, sanitation and sterilization roles and standards of the LEA. (c) Require each individual within the facility providing tattooing, permanent cosmetics or body piercing services to be registered with the LEA (d) Maintain a list of facility registrants providing services at the facility for review by the Enforcement Officer during inspections. (e) Develop and ensure compliance with the Exposure Control PI~ as specified in Section xm. A copy of the plan must be available at all times for use and inspection. X Construction Standards : . (a) Plan Review (1) All new, or to be remodeled, tattoo, permanent cosmetic or body piercing shops shall require LEA. approved plans prior to commencing work and in advance of the issuance of ll1V' building. plumbing or electrical permits:.' (2) Plans shall indicate the layout of the reception area, the procedure areas, the cleaning and sterilization area, the storage area and the toilet facilities. (3) All construction shall be done in accQrdance with all applicable codes, including but not limited to Uniform Building, Plumbing, and Electrical Codes, and all local fire and zoning ordinances. (4) All violations found during the final construction inspection shall be corrected before opening/or business. XL Facility Requirements -. (a) All floors, waIls and ceilings shall be made ofsmootli, nonabsorbent and nonporous material that is easily cleanable. Concrete blocks or other masonry used in wall construction shall be covered or made smooth and sealed for a washable sunace. (b) Adequate toilet facilities shall be provided in accordance with the specifications of the Uniform Plumbing Code and any other local ordinances. Hand sink must be located inside the restroom facility and shall be supplied with liquid hand cleanser and singie use .paper towels or other approved hand~drying device. (c) The walls and ceilings in the cleaning room or cleaning area and restrooms shall be light colored (c) The premises shall be constructed and maintained in a state of good repair at all times to prevent insect and rodent infestation. (d) The establishment shall be well ventilated and be provided with an artificial light source equivalent to at least twenty (20) foot-candles. 8 Proposed Model Program September 30..1998 (e) At least fifty (SO) foot-candles of artificial light shall be provided at the level where the tattoo, permanent cosmetics or body piercing procedure is being performed. (f) All surfaces, including but not limited to, counters, tables, equipment, chairs, recliners, shelving, cabinets in the service areas and cleaning room shall be made of smooth, non-absorbent, non-porous materials to allow for easy cleaning. (g) Hand sinks with hot and cold running water operated by wrist or kpee action shall be located in each work area. Hand sinks shall be supplied with liquid soap and single-use paper towels from sanitary dispensers. If there are two or more work stations within a room, all may share the hand sink. A work station in a separate room shall include a hand sink. (h) The cleaning room or area shall have a separate sink reserved for . instrument clean up activities only. (i) In addition to adequate hand sin~ and a cleaning area sink. the shop shall have a separate janitorial sink available for use by the facility, 8t II I1I1ItI t/J8t 11'tJQ8'1J11J1J11t tor tln8111/181'1f111lk111181 ftII8. /JJJrt/8bjJJ (i) Water supply shall be from an approved source. I G) Sewage including liquid wastes shall be disposed of in a public sewer or, in absence thereof, in a manner approved by the LEA (;) There shall be access to a telephone in order to make paramedical services available in case of need. i.e.. access to 911. xu. Temporary and Mobile Facilities (a) Temporary facilities include those for educational or convention purposes. To the extent possible, they shall meet the facility requirements in Section XIV. At a minimum. they must include: (1) Temporary hand wash facilities and hand sanitizer located within each work or demonstration area. A temporary hand wash facility shall consist ofliquid hand cleanser, single-use paper towels and warm potable water dispensed from an insulated container with a spigot that is raised a minimum of twenty-five (25) inches off the floor. Wastewater shall be collected in a bucket placed on the floor under the spigot. Warm. potable water shall be replenished and wastewater removed as necessary. (2) At least fifty (50) foot-candles of light at the level where the procedure is being performed. (3) A separate cleaning and sterilization area must be provided for use by the participants that supplies an adequate number of sinks and LEA-approved sterilization units for cleaning and sterilizing equipment to be used during the event. (4) Only sterilization units approved by the LEA and used, cleaned and maintained according to manufacturer's instructions shall be utilized. All sterilization units used at the event shall have 9 "- Proposed Model Program September 3D, 1998 . certification of a negative spore test on the sterilizer within the last . 30 days: (b) Mobile units or vehicles must comply with the following requirements. (1) The mobile vehicle shall be equipped with a sink for the exclusive use of the registrant for hand washing and preparing customers. An adequate supply of potable water shall be maintained at all times that the mobile shop is open for business. (2) All liquid Wastes shall be stored in an adequate storage t~ with a capacity at least fifty percent (50%) greater than the capacity of the on-board potable water. Liquid wastes shall be disposea of at any approved trailer dump site. (3) If there is not.an on-board restroom, the mobile vehicle shall be operated within 200 feet of a public restroom. . (4) All procedures must be perfonned inside the mobile vehicle. No procedures shall be perfonned outside of the vehicle. xm. Housekeeping Standards All tattoo, pennanent cosmetic, and body piercing facilities shall meet the following criteria~ (a) All areaS shall be kept neat, clean and in good repair. (b) All surfaces and equipment (chairs, work stations," counters, client recliners or chairs, dispensers) in the procedure area shall be made of smooth, non- absorbent, non-porous material that can Withstand repeated disinfection. (c) An Environmental Protection Agency (EP A) regist~red hard surface disinfectant product Dr germieicie (iodophor, chlorine. phenolic, or alcohol containing gennicide used according to manufacturer's instructions, or a 1:100 dilution of household bleach and water (two (2) tablespoons of bleach in one (1) quart of water) shall be used after cleaning to disinfect any surface contaminated with blood or body fluids. (d) All facilities shall have the waiting area separated from the workstations and the cleaning room or area. A public restroom shall be available to clients during all business hours. (e) Tattooing, 'body piercing and pennanent cosmetic activities shall be separated from nail and hair activities by a solid barrier in such a manner as to prevent contact with irritants including but not limited to hair spray and nail dust. (f) The cleaning room or area shall be set up in a manner to provide distinct, sep~te areas for cleaning equipment, and for the handling and storage of sterilized equipment. The cleaning area sink shall be reserved for instrument cleaning only and shall not be used as a janitorial sink. (g) Large capacity ultrasonic cleaning units shall be clearly labeled biohazardous and placed away from the sterilizer and workstations. All ultrasonic cleaners shall be used, cleaned and maintained according to manufacturer' s specifi~tions. 10 Proposed Model Program September 30, 1998 . (h) Adequate foot-operated receptacles shall be provided in each workstation for disposal of trash and debris. (i) Each work station shall have an LEA-approved sharps container that is rigi~ puncture proof: leak proof and not red in color for disposal of sharp objects that come into contact with blood or body fluids./WbyIllJtIWl1/11111 I'll/, WI1It IIJItJrfJ G) The procedure area and client chairltable must be wiped . down with an EP A registered disinfectant or germicide using a single-use paper towel before and after serving each client. . (k) Immediately before a ~ procedure) the procedure area must be wiped down with an EP A registered hard surface disinfectant product 8f germici.de Oodophor. chlorine. phenolic. or alcohol containing germicide used according to.manufacturer's instructions. or a I: I 00 dilution of . household bleach and water (two (2) tablespoons of bleach in one (J) quart of water) using a single-use paper towel wipe. 0) All germicides and disinfectants must be used according to manufacturer's recommendations. (m) All chemicals shall be properly labeled and stored. , (n) Pets or other animals shall not be permitted in the facility. Trained guide or assistance animals for the disabled and fish in aquariums in the waiting area are exempted. XIV. Exposure Control Plan The owner of every tattoo, permanent cosmetics) and body piercing facility shall establish a written Exposure Control Plan applying to all those who perform tattooing, application of permanent cosmetics, or body piercing within a facility) describing how the applicable requirements of this standard will be implemented. The Exposure Control Plan shall contain at least the following elements: The method of implementation for each of the following applicable sections of these standards: (V) Clients) (VllI) Facility Requirements, (X) Housekeeping Standards, (XIII) Approved Sterilization Equipment and Monitoring Methods, (XIV) Instrument Sterilization and Set-Up, (XV) Contaminated Wastes, (XVI) Tattooing, (XVll) Permanent Cosmetics, and (XVIII) Body Piercing. XV. Exposure Control Training Requirements (a) All persons registered with the LEA. to perform tattooing, application of permanent cosmetics, or body piercing must receive exposure control training. (b) Training shall be completed within one year of the effective date of this 11 Proposed Model Program September 30,1998 . standard and must be updated at least every three years thereafter. TraIning in Cardiopulmonary Resuscitation (CPR) shall be required. Additional training must be completed when changes such as modification of procedures or institution of new procedures affect the practitioner's or client's exposure. The additional training may be limited to addressing the new exposures created. /1/IJrI1l1tIII ~ 11/21 (c) Material appropriate in content and vocabulary to educational level, literacy, and language of trainees shall be used. (d) The training program shall contain, at a minimum, the following elements. (1) An access~le copy of the these and other applicable standards and an explanation of their contents; (2) A general explanation of the epidemiology and symptoms of bloodbomc diseases and other exposures appropriate for the . practice of the trainee; (3) An explanation of the modes of transmission of blood borne pathogens and other communicable dis~es appropriate for the practice of the trainee; (4) An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood for either the practitioner, the client, or both; (5) An explanation of the use and limitations of methods that will prevent or reduce exposure to both the practitioner and the client; (6) Information on the types, proper 1,1se, and removal of gloves and proper handwashing techniques; (7) Information on proper selection and use of disinfectants and antiseptics: (8) Information on the hepatitis B vaccine, including information on its efficacy,. safety, method o~ administration, and the benefits of being vaccinated; (9) An explanation of what constitutes a blood exposure incident, the risk of disease transmission following .a blood exposure incident, and the options for post-exposure evaluation and follow-up if an exposure incident occurs, specific to each bloodbome pathogen; (10) An opportunity for interactive questions and answers with the person conducting the training session. . (e) The person conducting the training shall be knowledgeable in the subject matter covered by the training program as it relates to the workplace that the training will address. rra Am8rtaa Bad eras bas 12-1umr cmna IIIUU8d "Pr8Y8DDJU DIs8asa Transmlsum. CoursI IDmII8r mol 12 . Proposed Model Program September 30, 1998 XVI. Approved Sterilization Equipment and Monitoring Methods Instruments used in tattooing, permanent cosmetics. and body piercing shall be properly cleaned and packaged in sterilizer bags with a color change indicator and then sterilized in a sterilizer that meets the following requirements: (a) Is sold as sterilizing equipment for medical instruments. (b) Has been approved by the Departmem LEA. (c) Is used, cleaned and maintained to manufacturer's specifications. (d) Is tested at least monthly (unless otherwise specified by manufacturer) by using a commercial biological monitoring (spore) system to asSure that all microorganisms. including spores, have been destroyed. Biological indicator test results must be available for inspection at all times.. .. . - xvn. Instrument Sterilization and Set~Up (a) Contaminated non-disposable equipment including. but not limited to. needles, needle bars. needle tubes. needle caps. body piercing tubes or other instruments that are Contaminated shall be immersed in liquid in the cleaning area or room until cleaned and sterilized. (b) Before being sterilized. all instruments shall be thoroughly cleaned in an ultrasonic cleaner following manufacturer's instructions. (c) After cleaning, non-disposable instruments shall be packaged into procedure set-ups with color change indicators or packaged individually in peel-packs with color change indicators. All packages shall be dated and initialed by the pre parer. If a sterilized package has been breacbed or allowed to get wet. the instrument(s) shall be re-packaged and re-sterilized before use. (d) After sterilization, the instruments shall be stored in a dry, clean cabinet or other tightly covered container reserved for storage of sterile instruments. (e) A record of sterilization procedures should be maintained. (f) Wearing new clean disposable examination gloves. tbe tattooist, permanent cosmetics technician, or body piercer shall use proper technique to assemble. without contamination, all instruments.and.supplies to be used in the procedure. All sterilized instruments shall remain in sterile packages until opened in front of the client. If a glove is pierced, tom or contaminated by contact with any non-clean surface. both gloves must be properly removed and discarded. The gloves shall be discarded after the completion of each procedure on an individual client. and hands shall be washed prior to donning the next pair of gloves. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable examination gloves does not preclude or substitute for hand washing procedures as a part of a good personal hygiene program. 13 Proposed Model Program September 30. 1998 xvm.. Contaminated Wastes Contaminated wastes generated by a tattoo. permanent cosmetics or body piercing facility shall be classified into two categories: (a) Contaminated sharps. which means any contaminated object that can penetrate the skin including. but not limited to. tattoo needles. permanent cosmetic needles. piercing needles and razors, shall be eaeapsulated &Bd disposes oris. the trask. EKamples ofaeeeptable efteapSt:llatiaa iaoluc.te fimRg the she.qJs sOlitaiRer witk plaster of paris or the use of eemmereial e8eapsulatiaB systems disposed of in accordance with the Medi'ca1 Waste Management Act following an approved method of treatment to render them non-infectious. Shm:ps containers may be autoclaved prior to disposal. They must be autoclavable (will not melt under high . heat/pressure conditions) and must be marked with an indicator to show they have been sterilized. Sterilization by autoclave procedures must be done in accordance with the Medical Waste Management Act. (b) Other contaminated waste. meaning waste other than contaminated sharps. which include contaminated gauze. wipes. tissues. unused dyes and inks. and other non-sharp(s) used in tattooing, permanent cosmetics. or body piercing, shall be double-bagged. securely tied and disposed of daily in a trash container that prevents unauthorized access. This material shall be disposed of in an approved site by a general trash hauler QicenSed solid waste hauler). XIX. Tattooing (a) Before the procedure is started. the tattooist shall discuss all the topics. on the LEA-approved information form and the consent fOrin for application of a tattoo. The client shall fill out and sign the forms. One copy of each . form shall be retained by the shop; the other copy shall be given to the client. The tattooist must also explain all aftercare inStructions and have the client initial the box on the consent form to indicate that he or she has received written aftercare instructions. (b) The tattooist shall not smoke. eat or drink" at the workstation or cleaning room during or between procedures. (c) The tattooist shall thoroughly wash hands. and forearms with soap and warm water before and after serving each client, to prevent cross contamination and/or transmission of body fluids. infections or exposure to service related chemicals or wastes. Following thorough washing, hands shall be dried using clean. single use paper towels. (d) The tattooist shall wear new clean disposable examination gloves for every client during the procedure. If a glove is pierced, tom or contamina~ed by coming into contact with any other person or non-clean surface. both "gloves must be property removed and discarded. Gloves shall be discarded after the completion of each procedure on an individual client, and hands 14 Proposed Model Program September 30. 1998 shall be washed prior to donning a new pair of disposable examination gloves. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable examination gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program. (e) The tattooist shall use freshly laundered linens or new disposable drapes, lap cloths, or aprons for each client. All drapes, lap cloths, aprons and linens shall be stored in a closed cabinet or container. Used disposable items shall be placed into a closed container that is lined with a plastic bag for disposal at the end of the day. Used linens shall be placed into a laundry hamper lined with a plastic bag. (f) All substances used in the procedures shall be dispensed from containers in a manner to preve!lt contamination of the unused portion. . (g) When a work station rinse cup is used alone or in an ultrasonic cleaner, the cup and solution must be changed after each client. (b) If spray bottles are used to dispense liquids, the liquid shall be sprayed onto a single-use wipe rather than directly'onto the client. (i) Single-use ointment tubes, applicators and supplies shall be discarded after the tatto.o procedure. 0> All pre-sterilized instruments to be used in the tattooing procedure shall be opened in front of the client. (k) The use of hectographic or single-service tissue stencils shall be required for applying a tattoo outline to the skin. T~e use of acetate or other multi- use stencils is prohibited. (1) When the design is drawn free hand, non- toxic markers or other devices shall be used. (m) Individual portions of inks, dyes or pigments in single-use containers shall be used for each client. Any remaining unused cJye or pigment shall be discarded immediately following the tattoo procedure. (n) If inks, dyes or pigments are prepared by the tattooist only non toxic, non- contaminated materials shall be used. (0) Excess ink. dye or pigment applied to the skin during tattooing shall be removed with a clean single-use paper product. (P) Immediately, before the procedure is begu~ the procedure area shall be wiped down with an EP A registered germicide or disinfectant or a solution of two (2) tablespoons of bleach in one (1) quart of water and the procedure area covered with an uncontaminated paper to~el or tray cover. All instruments and supplies needed for the procedure shall then be arranged on the paper. (q) Before placing the design on the ski~ the tattooist eRist shall clean any area other than the face with germicidal soap, and ifnecessary, shave off any hair with a ~ disposable, single-use safety razor, then apply the stencil. The area shall be cleaned during and after the procedure with an antimicrobial soap that has been .applied with a single-use paper produet wipe. If shaviag is Beoessary, siagle use disposable TiiZors or safety T-a:zors 15 Proposed Model Program September 3D, 1998 with single serviee blades shall be llsed aftS diseerded after eaeh use, eRd the reusable holeler sflall be sterilizes in aft autoetaye after eaeh use. Following shaving, the skin and surrounding area shall be washed with an .antimicrobial soap and water or an EP A-approved antiseptic solution applied with a clean, single-use paper product wipe. (r) The stencil shall be applied with the antimicrobial soap or some other approved product dispensed :from a container in a manner that does not contaminate the unused portion. . (s) The tattooed area shall then be covered with clean gauze that ~ held in place with a suitable skin tape. (t) . Upon completion of the procedure, aftercare instructionS shall be reviewed with the client. Aftercare shall consist of both verbal and written instructions concerning proper care of the tattooed skin. Instructions shall . specify: (1) Responsibilities and care following the tattoo procedure. (2) Possible side effects. (3) Restrictions. (4) Signs and symptoms of an infection. (5) Instructions to call a physician if infection occurs. xx. Permanent Cosmetics (a) Before the procedure is started, the permanent cosmetics technician shall discuss all topics on the LEA-approved client information form and the consent form for the application of a permanent cosmetic procedure. The client shall fill out and sign the fonns. One copy of each form shall be retained by the shop; the other copy shaH be given to the client. The permanent cosmetics technician must also discuss all aftercare instructions and have the client initial the box on the consent form to indicate that he or she has received written aftercare instructions. (b) The permanent cosmetics technician shall not smoke, eat or drink at the work station or cleaning area during or between procedures. (c) The permanent cosmetics technician shall thoroughly wash hands and foreanns with soap and warm water before and after serving each client, to prevent cross contamination and/or transmission of body fluids, infection or exposure to service related chemicals or wastes. Following thorough . washing, the hands shall be dried using clean, single use paper towels. (d) The permanent cosmetics technician shall wear new clean disposable examination gloves for every client during the procedure. If a glove is . pierced, tom or contaminated by coming into contact with any.other person or non-clean surface, both gloves must be properly removed and discarded. Gloves shall be discarded after the completion of each procedure on an individual client, and hands shall be washed prior to donning a new pair of disposable examination gloves. Under no circumstances shall a single pair of gloves be used on more than one 16 . Proposed Model Program September 30, 1998 . person. The use of disposable'examination gloves does not preclude or substitute for hand washing procedures as p~ of a good personal hygiene program. (e) The permanent cosmetics technician shall use freshly laundered linens or new disposable drapes. lap cloths. or aprons for each client. All drapes. lap cloths, aprons and linens shall be stored in a closed cabinet or container. Used disposable items shall be placed into a closed container that is lined with a plastic bag for disposal at th~ end of the day. Used linens shall be placed into a laundry hamper lined with a plastic bag. (f) All substances. including but not limited to pigments and dyes, used in the procedures shall be dispensed from containers in a manner to prevent contamination of the unused portion. (g) If spray bottles are used to dispense liquids. the liquid shall be sprayed onto . a single-use wipe rather than directly onto the client. (h) If the permanent cosmetic technician shall Bet Be feqtlired te have 8ft ukrasoBie eleaBer 8ftG a hespital gnde steriltz.er if enly uses ONLY purchased. pre-sterilized individually packaged, sterile. single-use, needles. needle chambers machine tips, machine casings, and combo couplers. then an ultrasonic cleaner and a hospital ~ade sterilizer shall not be required. ere used. If any mstrumeAts non-disposable components of a manual devise. rotai)' pen. or traditional coil machine are re-used. they must be cleaned in an :ultrasonic cleaner and sterilized in a hospital grade sterilizer following the manufacturer's instructions. Liquid sterilants shall not be used for sterilizing any ie-usable instruments or components. (i) If a manual device is used, it shall be single use and. disposable. The device shall be sterilized before use, and discarded in a sharps container at the end of the procedure. G) The use of some rotary pens (also called cosmetic machines) is pennitted. Any rotary pen that uses a sponge at the opening of chamber to stop the pigment or body fluids from getting into the machine or is designed in a , manner that doesn't allow it to be properly cleaned and sterilized shall not be permitted. (k) Only rotary pens that have detachable. disposable. sterile combo couplers and detachable. disposable or autoclavable casings that can be cleaned and sterilized can be used. Pre-sterilized needles shall be used in all procedures. (1) The use of any traditional coil machine shall be pennitted providing the permanent cosmetic technician haS a shop with an ultrasoniccl~er and hospital grade sterilizer to clean and sterilize the needles and needle bars. and the needle tubes. (m) Disposable sterile machine tips. combo couplers, needles. needle chambers, and casings shall not be re-used. (n) Fresh pigment and disposable pigment contamers shall be used for each client. Used pigment and pigment containers shall be discarded after each client. 17 , Proposed Model Program September 30, 1998 . . (0) Immediately, before the procedure is begun, the procedure area shall be wiped down with an EP A registered germicide or disinfectan~ or a solution of two (2) tablespoons of bleach in one (1) quart of water and the procedure area covered with an uncontaminated paper towel or tray cover. All instruments and supplies needed for the procedure shall then be arranged on the paper. (P) Before application of permanent cosmetics, where feasible. the immediate and surrounding area of the skin where the cosmetics are to be applied shall be washed with an antimicrobial soap and water or an EP A-approved antiseptic solution applied with a clean single-use paper proSl;1et wipe. If shaving is necessary, a new single-use disposable razor5 or safety r~rs .mta smgle serviee blades shall be used and discarded after each use ed the reusable Bolder shall Be sterilized ia 8R autoolave after eaeh use. Following . shaving. the skin and surrounding area shall be washed with an antimicrobial soap and water or an EP A-approved antiseptic solution applied with a clean single-use paper pr-ocR1ot wipe. (q) . . All disposable items such as cotton balls, Q-tips, tissue, water cups, new or used that have come into contact with the procedure table/chair, or work area shall be discarded into a closed container lined with a plastic bag and removed at the end of the day. . (1') After the procedure a thin coat of antibiotic cream or sterile petroleum jelly may be applied using a fresh Q-tip,. cotton ball or sterile applicator: (s) Upon Completion of the procedure, aftercare instructions shall be reviewed. Aftercare shall consist of both verbal and written instructions concerning proper care of the skin. The instructions shall specify: (1) Responsibilities and care following a permanent cosmetic procedure. . . (2) Possible side effects. (3) Restrictions. . (4) Signs and symptoms of infection. (5) Instru~ons to calla. physician .if infection occurs. XXI. Body Piercing (a) Before beginning any body piercing procedure, the body pierceI' shall discuss the risks and responsibilities required in the particular piercing with the client. The client shall filJ out and sign a client information form and the consent form for body piercing. One copy of each form shall be retained by the facility and the other copy shall be given to the client. The body piereer must also explain aftercare instructions and have the client initial box on the consent form to indicate that he or she has received written aftercare instructions. (b) The body pierceI' shall not smoke, eat or drink at the work station or cleaning room during or between procedures. The chent may consume a pre-packaged beverage or candy. 18 . Proposed Model Program September 3D, 1998 ~ (c) The body piercershall thoroughly wash hands and forearms with soap and warm water before and after serving each client, to prevent cross contamination anellor transmission of body fluids, infection or exposure to service related chemicals or wastes. Following thorough washing, the hands shall be dried using clean, single use paper towels. (d) The body piercer shall wear new clean disposable examination gloves for every client during the procedure, If a glove is pierced, torn or . contaminated by coming into contact with any other person or non-clean surface, both gloves must be properly removed and discarded. qloves shall be discarded after the completion of each procedure on an individual client, and hands shall be washed prior to donning a new pair of disposable examination gloves. Under no circumstances shall a single pair of gloves be used on more tQan one person. The use of disposable examination . gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program. (e) The body piercer shall use freshly laundered linens or new disposable dental bibs or drapes for each client. All drapes, dental bibs, and linens shall be stored in a closed cabinet or container. Used disposable items shall be placed into a closed container that is lined with a plastic bag for disposal at the end of the day. Used linens shall be placed into a laundry hamper lined with a plastic bag. . (t) All body piercing needles shall be single use, sterilized disposable piercing needles slightly larger or of the same gauge as the jewelry or ornaments to be inserted, and disposed of immediately after use in a sharps container. (g) All instruments, as.defined in Section 2, shall be properly cleaned and sterilized in bags with color indicator strips. Each bag shall be dated and initialed by the person preparing the instruments. (h) All forceps, hemostats, tubes, etc. shall be properly cleaned and sterilized in individual bags using a Department approved sterilizer. (i) All non-sterilizable implements such as calipers shall be nonporous and disinfected after each use with an appropriate disinfeCtant. . G) Only pre-sterilized jewehy or ornaments in new or good condition shall be used for piercing. Ear studs or other jewehy designed for ears sha11 not be used in other parts of the body. (Ie) Only jewehy made of implant grade, ASTM F138 and ISO 5832-1 implant grade stainless steel, solid 14K through 24K gold, niobium, titanium, . platinum or other materials approved by the LEA found in the future to be equally bio-compatible. shall be used in newly pierced skin. (1) Immediately, before the procedure is begun, the procedure area shall be wiped down with an EP A registered gennicide or disinfectant or a solution of two (2) tablespoons of bleach in one (1) quart of water and the procedure area covered with an uncontaminated paper towel or tray cover. All instruments and supplies needed for the procedure shall then be arranged on the paper. 19 . Propo~d Model Program September 30, 1998 . (m) Before piercing, the immediate and surrounding area of the skin which is to be pierced shall be washed with an EP A-approved antiseptic solution applied with a clean, single-use paper product. If shaving is necessary, single-use, disposable razors, or safety razors with single-service blades shall be used and discarded after each use and the reusable holder shall be sterilized in an autoclave after each use. Following shaving, the skin and surrounding area shall be washed with an EP A-approved' antiseptic solution applied with a clean single-use paper product. (n) Upon completion of the piercing, the body piercer shall review verbal and printed instructions to the client on the care of the body opening created by the piercing to minimize the likelihood of infection. Aftercare instructionS shall specify: (1) Care specific to the site of the piercing. . (2) Information regarding tightness to prevent accidental ingestion or imbedding of certain jewelry if appropriate. (3) Restrictions. (4) Signs and symptoms of infection. (5) Instructions to consult a physician if infection occurs. XXII. Enforcement and Violations (a) Impoundment of Equipment, Instruments, Pigments. (1) A1Q'ready-to-use dye, ink, in$!rUment, implement or found io be, or suspected of being toxic, unsanitary or contaminated, shall be , impounded or discarded (2) Such impounded materials shall have an impound notice attached that can be removed only by the Enforcement Officer, (3) No dyes, inks, instrument, implement or equipment shall be used unless the impoundment has been released (4) Within thirty (30) days, the Department shall commence proceedings to release the impounded materials or to seek administr~ or legal remedy for its disposition. (b) Violation Of Article; Punishment A1ry person who violates Q1Q' provision of these standards is guilty of a misdemeanor, Each offense shall be punished by a fine or by imprisonment in the county jail for a term not to exceed six months, or by both fine and imprisonment. (c) Violations By Employees,' Separate Offense (1) The owner, manager, or operator of any tattoo, permanent cosmetic, or body piercing shop is responsible for Q1Q' violation by an employee of Q1Q' provisio.n of these standards. (2) Each day the violation occurs shall be a separate and distinct offense. , (d) 'Violations In Shared Shops 20 . \ Proposed Model Program September 30,1998 , A violation of mry provision of these standards relating to establishm~nts held in common 'or shared by more than one tattoo, permanent cosmetic, or body piercing shop shall be deemed in violation for which the owner, manager, or operator of each shop is responsible, XXm. Permit Suspension, Revocation, Reinstatement (a) Notice To Comply (1) Whenever the Enforcement Officer .finds that a tattoo, permanen~ cosmetics or body piercing shop is not in compliance with the requirements of these standards, a written notice to comply shall be issued tq the permit holder and/or registrant, . (2) lj there is afai/ure to comply, the Enforcement Officer shall issue to the pe17Tlit holder and/or the registrant, a notice ofvio/ations and inform himlher of the right to a hearing, (3) A written request for a hearing shall be made by the permit holder or registrant within .fifteen (15) calendar days after receipt of the notice. Afailure to request a hearingwithin.fifteen (15) calendar days qfter receipt of the notice shall be deemed a waiver of the right toa hearing. When circumstances warrant, the hearing officer may order a hearing at mry reasonable time within this fifteen day period. (b) Hearing The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permit holder, the hearing officer, designated bv the local Health Officer or Director or Environmental Health. . may postponemry hearingdate. (c) Duration (1) AIV' permit may be suspended or revoked by ~he Enforcement Officer for a violation of these standards. (2) AIV' tattoo, permanent cosmetic, or body piercing shop for which the permit has been suspended shall close and remain closed until the permit has been reinstated by the Department. (3) AIV' person whose registration has been suspended or revoked shall refrain from performing any tattoo, permanent cosmetic, or body piercing services until their registration has been reinstated or reissued by the Department, (4) AIV' shop for which the permit has been revoked shall close and remain closed until a new permit has been issued (d) Temporary Suspension as a Result of Imminent Public Health Threat (1) Imminent danger to the public health and safety means any condition, based upon inspection findings or other evidence, that can cause infection, disease transmission, or hazardous conditions, including but not limited to, improper sterilization procedures, 21 . . , , September 30, 1998 Proposed Model Program cross contamination of inks, ~s, instruments and implements with blood or body fluids, or improper sanitation that can cause disease transmission. (2) If any imminent threat to the public health or safety is found, unless the threat is immediately co"ected, the Enforcement Officer may temporarily suspend the permit and order the tattoo, permanent cosmetics or body piercing shop immedkltely closed (3) Whenever a permit or registration is suspended as a re$ult of an imminent danger to the public health or safety, the Enforcement Officer shall issue to the permit holder or registrant, a notice settingfort!Jthe acts or omissions with which the person is , charged, specifying the pertinent standard section, and informing the permit holder of the right to a hearing. (4) At any time within 15 calendar days after the service ofa notice pursuant to'subdivision (B), the permit holder or registrant may request in writing a hearing before hearing officer to show cause . why the suspension is not warranted The hearing shall be held within 15 calendar days of receipt of the request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to a hearing. XXIV. CallOSHA Where tattooing, application of permanent cosmetics. or body piercing involves an . employer-employee relationship. the caVOSHA Bloodbome Pathogens Standard, General Industry Safety Orders. Section 5193. Title 8. California Code of Regulations may apply. Nothing in these standards is intended to conflict with or preclude the application of or compliance with that standard. XXV. Severability In the event any particular clause or section of these standards should be declared invalid or unconstitutional by any court of competent jurisdiction, the remaining portions shall remain in full force and effect. Toward that end. the provisions of these standards are. declared to be severable. ')") , ...' ',.' ',,:,,::,"i"~', ';":"'-.';0. ." .. J.,'.'. .''';'' ':..'~ , . .~. .. ,~.,:...:.;. ::,:: . ',."00, ,:. ,:':',:-';'''''~''iOi-;.;:,,'',.: ,~'~',;;..,;.':...~ Attachment 1 . ': ~..,':.~'~~:,:?.'~~' _'~Tried and Tru'e.T~tt6o, 1037 E Grand Avfi:'Arrpyp "tia"jjqe;CA'9 ~ . .:~~:./ "':' .~ '~~:.. .' .. .'. . 8054.81"-9400'. '::'. " ,~'~:.:. = .~;'.' . .. -~- :_..;.. --., .:._,--,_.. -.. -=----=--. Contact. Gary Ellsworth 805 '801 '4956'" -, m...__ .~"-_. .-,.-. . ,~_. .. . c?~f=~~~7~f~;"~~~:'~;' :_. . '.. . ,<i~:t';_.{.. <~: c~::' :{,..i~,.~~~~~"c~J;C+,-Y" ..' -, . -- '. K> 0 ' . : . . . Red lines iriq~ic~te p~rt!t!~h~~.II~. .. .. . Lob~y ar ~~ . , ., appro:x Walls will be 4811 tall, framed.with . 141WX 8.) IL . 2x41s, nail~d with; 16d. nails~ studs . on center at 1611. Walls will be . covered with 5/811 dryWall attached with '1-1/4" drywall screws, Walls will be ancho~ed to ." II floor with standard shot pins every 16 I Center and to outer;wall with ~n 'I~g bol.ts . WorK StatIO ~ aisle ....ViI'- approv approx 31 wide 5'W X f 'L 5W X 8'L I 0 0 'Wall dim.ensions: . . Walls extending from outer wall will be ~16n wide Walls running parellel to building C in middle of floor will be 41 long. aisle Work Staton Walls running parellel to buildi~g Work Statior 3' wide towards back of floor will be approx . approK 21 long. 5W X 8'L 5WX~ ~L All walls will be 4811 tall :> 0 . :::.;.~::.?:.~-- ~-~~~;: ~::-:~-~'.:::::_.~::. ~:~:*J'.> : -.;..: ~.:o!: '. .<.., BIR ~;2~:~:~~}.f ;''''~'''.'''_. "'.- ", -;-.:. .... .. -".- ..' ........ . . . .Y'_..... _o.~. , 4wX45d .~~~~ . ~.-; .. ...-... . .. .~~~~ 95 ~X45d :~~~ .. . . . ~~ ; . ~~ . :..': .- .. _. ..- .. . --. ... --- - ... ., . . . -.. .... ...-- .. -.... ... . .- ~ -..: .'_:.:'._-~ . ... ~.. ..., '.- - _0' .. . .- ___. .._ .__.. _e' ...._. __. .~: .'. .. . . < --.- - . . _..- .-. - " ... .. . . , . r , . . I Tried and True Tattoo, 1037 E Grand Ave, Arroyo Grande, CA 93420 . 805-481-9400 Contact: Gary Ellsworth, 805-801-4956 -'L-. . . .~~~ -. .~~~- - . . - .. 0 0 Green lines indicate new track lighting layo"ut which will replace existing 8' flour, -: fixtures. Tracks runn'ing parallel - to the building are 12' long. These tracks are placed 3' from the side walls and 4' from the rear wall. C There is an additional track, 8' long theat parellels the angle og the front wall of the unit. It is placed . approximately 6' back from the front wall 0 0 Green circles incicate ceiling fan placement. Fans wit be on 6" downrods. Small circles along walls C indicate outlets, I :> 0 - ... .. . ~. . . B/R . . 4wX4.5d :'~"/ 9.5 vX4.5d .:.:.... .:"'..<:.. .:>..<:. ... w C ~ '0 ~ u1 . .......3:. .:: zOO_ :i( '~O\., ~"-; <( i5 0 J: \0 w w =- ~'.' .: .' a: ::> w V\ M C U ~ ~ ""'1 \.::I <( Q S X Z Z '...... ">' W ~ - ~ ~ .ex: a: ~ u..i z 0 ~ -J ~ W C V) '" 0 '""'..":" ''''':<:':'''-'''''''''0' "ld3O~o7JINn~~o~ ~ '" W <( N " ,. < .." 0.;' . - . , ., . '. " VI :s: c ~ n~~' .",.... ,. , " '::""~~;:";. :,"';"""""':;":<'''':W Yo" :-''"'3dN\iH9iJ^01J1N~ab Alia .ex: x '~? '::::. "'!:':::""!.~'_:::'.~~:i.:.:~"' ','.:';",;:. ..., ~ <. . ..~. .:.:~ w w ~ w 3:" ,,,' . . ~ . """""'~~"'_'_"""",~,'__. > ~ ~ "~~.;r, " ~~ _ ,Y5"":'~,'> ,'. :'.~' ':'''''',:~,.:_~Joq~~'i":;83.:1 ~ 0: ~ g: '...I...:...~'-~:~'~"".:; .. :?~}f~i:'.:,.:':, C IN ~ ~:~ 'a3A'13~31:t ,,:,}. . . ..' ,.;".c ..,'.:'.'''''~'::':'",.'.:..'':'''':;",. '.":." .". - - -, -.... .-- -,~- ". ~ ~. . A Attachment 2 HEARING DATE: MARCH 16, 2 AGENDA ITEM: III.D. CITY OF ARROYO GRANDE ARCHITECTURAL REV I EW COMMITTEE MEETING . - . . Plot Plan Review'04-002 ,- . - . CASE NUMBER: . . -..;: ~ Tried and True Tattoo " ApPLICANT: . - ' - ... REPRESENTATIVE: Gary Ellsworth PROJECT LOCATION: 1037 East Grand Avenue PROJECT DESCRIPTION: Plot Plan Review for the establishment of a tattoo parlor PROJECT PLANNER: ~e~man. Assistant Planner LOCATION MAP - .. .._-----.~.. -- " It should be noted' that tattoo parlors are being addressed as a part of the ongoing Development Code update. On August 26, 2003, the City Council approved Ordinance . No, 544, which includes tattoo parlors within _ the definition of "Restricted Personal Services," Restricted Personal Services is defined in 'Munjcipal Code Section 16,04~O70 as "personal services th~t may tend to have a blighting andlor deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts, Examples of these uses include: check cashing stores, fortune tellers, palm and card readers, pawnshops, psychics, and' hot tubs for hourly r~~tal, and tattoo and - body piercing services." It should be further noted that restricted personal services are not permitted in the VCD and VMU, but are allowed within the Traffic Way Mixed Use - District subject to a conditional use permit, if appropriate findings can be made. Coincidentally, the Planning Commission wilJ also be considering at this meeting DCA 93-008, which establishes allowable uses and permitting requirements (including restricted personal services) for the remaining commercial districts, Included in the proposal is staffs recommendation that Personal Services, Restricted not be allowed in the Midway section of East Grand Avenue, However, that action will not affect this applicatiort Staff is also recommending that at a minimum, the Personal Services, Restricted use category be subject .to a Conditional Use Permit in any other areas the Planning Commis~ion and City Council identify as appropriate b.ased on General Plan land use policies. Alternatives 1, Adopt a Resolution approving the Minor Use Permit..:. Plot Plan Review (can be appealed to the City Council). 2. Adopt a Resolution denying the Minor Use Permit - Plot Plan Review (can be .appealed to the City Council). 3. Require that the proposed use be processed with a Conditional Use. Permit. 4. Provide other direction to staff, Attachments: 1. Plot plan of proposed project I i / ( I c Page 3 of 3 --~-,.__._.._.. - l . RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF - . -_.- ARROYO GRANDE APPROVING PLOT PLAN. REVIEW. NO~ 04-002 LOCATED AT 1037 EAST'GRAND AVENUE,APPLlED FOR BY GARY ELLSWORTH WHEREAS, . the applicant has filed Plot Plan Review No, 04-002 to establish a tattoo parlor located at 1037 East Grand Avenue; and . . WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Plot Plan Review No. 04-002 at a public hearing on March 16, 2004 Jnaccordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has' found that this project .is consistent with the General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has'determined that the proposed project is categorically ex~mpt und~r Sections 15301 of the CEQA Guidelin~s; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Plot Plan Review Criteria: 1. The project will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more than twenty-five (25) percent of the floor area of the structure before that addition, or fIVe hundred (500) square feet, whichever is less, and 2. The proposed use is the same or similar in character to the existing use; and i . 3. The project is exempt from CEQA review and there is no possibility ofa significant impact on the~nvironment. Plot Plan ReVi~ Findings: 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plar:t; . 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; 3. The physical location or placement of the use on the site is compatible with th~ surrounding neighborhood. - -. -- -- - -~ - -. -- .._.w_...'_.>_,'--__..._.~,_ . RESOLUTION NO, PAGE30F3 _u ,-- -..,- .~-,- -"- .-,- -, EXHIBIT "A" CONDITIONS OF APPROVAL PLOT PLAN REVIEW 04-002 1037 EAST GRAND AVENUE COMMUNITY DEVELOPMENT DEPARTMENT . . GENERAL CONDITIONS: t, The applicant shall ascertain and comply with all Federal, State, Cbunty and City requirements as are applicable to this project. ' , .. 2. The applicant shall comply with all conditions of approval for Plot Plan Review 04- 002. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of March 16,2004 and marked Exhibit "8". 4, The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnIfy and hold harmless the, City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within'the time period provided for by law, Thi,s condition is subject to, the provisions of Government Code Section '66474.9, which are incorporated by reference herein as though set forth in full, / .- --. - ~ -~- --_.~ -----------',--. -..- -- " RESOLUTION NO. .- .- , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY oi=- ' - ARROYO GRANDE DENYING PLOT:~ PLAN \ REVIEW NO. 04-002 LOCATED AT 1037 EAST GRAND 'AVENUE, 'APPLIED FOR BY GARY ELLSWORTH WHEREAS, the applicant has filed Plot Plan Review No. ,04-002 to establish a tattoo parlor located at 1037 East Grand Avenue; and . , WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Plot, Plan Review No. 04-002 at a public hearing C!n March 16, 2004 in .accordance with'the Development Code of tlie City of Arroyo Grande; and . WHEREAS, the Planning Commission has found that this project is not consistent with' the General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project in 'complianca with the ' Califomia'Environmental Quality Act (CEQA), the State CEQA Guidelines,and the' Arroyo, Grande Rules and Procedures for Implementation of CEQA and has determined that the proposed project is categorically exempt under Sections 15~01 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances do not exist: Plot Plan Review Criteria: 1. The proposed use is the same or similar in character to the existing use; and Plot Plan Review Findings: 1. The proposed project is ,consistent' with the goals, objectives, policies and programs of the Arroyo Grande General Plan; 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; . . . 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. .",,-q _.__.".,_._..._-~,. .-- .-/ ..". # --. -~.- ~.-1. s ...:.:.-:-=;:~-;..:.:~:.~_...~ .- _.---_._"....-~...:.....- ....- . - ..- ... -' - " - . ~. tv O..i - .~-2:!z -< = t>J <mm q s-;E )> ~-~ ~ ~. Z _~ ~ -I-nmo - mo~~ ~ ~:n~m x 1TI:5:-<G) ~ ~ -tmc:n W c$ ("):n )> I'v )>!<~z ~ .:-10 - 35' AlLEY V\ - -> - "'-1:- 0 o V1 :0 "-I \.to) m __."C~'., <-.. _~ :..~ ~ '-J c-: _ ~ <; ,.-10m )> -;. X (r. . _ ~ . GI, r- -:-~- W _.~f- -.:t ~:o ~- -. ^_~ Oo~ o -:-:::--- ......- .-- 0 .~:.o-::----- Z m ~ tv~ . -- (X)m G) t-.J :0....... 0 <- V\ ~ 0 m -\.to) <- )> ~- ~<~\O xO Z X ~5>m . ~ o w]'uv VI mo c~ t n m ~ ()- :z: 52 )> -= m p 0 02 < "'0 0 '.[11 -> o .... - 0 ~ ~ VlP!;~ ti;;-{ o. - "'-I 0 ~ m ~ _~ m ~ 6' ~ ~ r- C'I Z ~ p'_ w rI: mzc:o 0 ~;..- ~ GI R ~ Z .\J o ~ ~ ~ +S' A -:- 35'AlLEY m t C :"I V o t ~ C' )> 1\ -- - .J ~ '1 1d t m ~. I/' c)>__ )> {;_~ [A' ~q~ Vtt; ....... .::. V\O=V1 1-'" ~ ap~m L3~ X ~OCG) VI - .::. m -I::r: -I ~ "V ... ~ -Oz ~ 11 I ZCO ~ ..... V\ IJ' G)m tv2:! ~V\~ ( ~~ ~::r:O I $........ ~ ~ Xm~ - Xm tv 0)> tv G) 0 G) ~ )> -= m ....1 r-- ( . ~ ,- U1)> - ~ p" -G) V \ .-.- m ~ ______ _~~_.. _._____~ ~__ _._._ ~___.________n_____.__ -.':'~....-'.:; - :+ried.andTru~Tatto-o, 1037 EG-tan,d Ave~'ArroYOG(~hpe~ccA'9~{~0'."- '. '" . . . .. 805-481-9400 . . .. . II . .~. :~:,~,",~~=:,~-.: :-:--, - C'.' ~ ~-~~.~: Contact' Gary E sworth -805"'"801 ~4956 '.- ~..' "".,.o.-.'~' - -.... .~'- "~--~~--;:-".~~~:~.-~:-~~=;:-~';T-~ .~_;:._.~.~~~=~.:-?~~~-_:~~~~~:~~~~.~:~~.- ;_~.~ ~_ :::--' . __ .' _ h_ . I. _ - ~. .,. ',._ _'~'-'., :.~~. '. ~'.s;;'-.-.-~~~;'::~:~~~~:~~~~_~,i:'-'- - ~~.::.:: .-' - .:-:-:- -. . '.. - - - - -'. --- . - .. . . -- - -.. -.. - .- - +. . ~ . - -. 0 0 Lobbyar :;)a Red lines indicate partition walls. ". "0 __" _ __. __ _ appro)( Walls will be 4811 tall, framed with 14'WX 8. )'L 2x4's, nail~d with 16d nails, studs on center at 1611. Walls will be covered With 5/8" dryWall attached withl-l/4J1 drywall screws. Walls will be anchored to floor with standard shot pins every 1611, Center and to outer'wall with 3" lag bolts -. . Work StatiO aisle rrv. " approx 3' wide appro'" SW X 8'L s'wx~ 'L () 0 Wall dimensions: Walls extending from outer wall wHl be 5'6" wide Walls running pare lie I to building Centel in middle of floor will be 4' long. aisle Work StaLn Walls running pare lie I to building Work Statior 3' wide towards back of floor will be approx appro~ 2' long, SW x 8'L SW X f L All walls will be 48" tall p 0 -........ ..---..-- -,- .~. .". :"'-~-....--~-_..-7_- ~ _,..._..~...... - ~ --;.7 :-:,: ...-.-u._. '. ,- - ., .-" . -.- -.' p.- - -.' ---- - - - -- ... .--.. .--' .-.-.: -.- - . '. . . .. SIR _. - -- " -.- .-':~ .= - -~---_. -"..- 4wX4.5d ' -."- ::,~.~.;~::.:::.:-~- I~t.. . II 95 vX45d , . ~ ---.... --. - ---- - , .------------ ----_.~ --- --"----~--_._---'----~-_.--- . . {~'~~/i~-::'''::/ :~~~..:: .-" .-~ .."h"....- ":'.-... ,. -.", -.: - --' , ~ ,'.",:, ,~' Tried 'and True Tattoo, 1037 E-Grand Ave, Arroyo 'Gran9~; (:A .~342'O : , ~ '. "'0'- - - - -- - . ..-. . ~ . . 805-481-9400 '-, '-.. ~ ~~c::',~::'4'~.~~c',., .::-.:"'. _...c.__< Contact' Gary Ellsworth 805-801-4956 ..~_.--. .... .. ---..- . ." '""--~:~::".__ .....~ ';- .... "::" __ .. .. .::,C ">_~".' ::.., r ':~.:-~~ p,..:.~:;'"~_/"..,;::~;:~~..,_--:-:~.:;.~:.;~:':~:~;;:: - - .-. - . -. --- - - - -- o . . , .. 0 Green lines indicate new track .. lighting layout ~hich will - replace existing 81 flour. _ fixtures. Trac~ running parallel - to the building are 121 long. These . tracks are p1aced 31 from the side walls and 4' from the rear wall. C There is an additional trac~ 8' long theat parellels the angle og the front wall of th~ unit. It is placed . approximately 6' back from the front wall o 0 Green circles incicate ceiling fan placement. Fans wil be on 60 downrods. Small circles along walls C indicate outlets. ~ 0 - ., SIR ~~~~~~~.~~:.. ~~.~ '~f- ~~:~?~~.~~'- ~'." .., ,': ",- 4wX45d :E:'~L:;:: --_.~ -'.. . ~~~~~ - .~~~~ ~~="'.' ..~~ 95~X45d ... .. . ...' ,. .~~.'~:::'~ n . .. .-: n.:. .- _n.:-.' ~~ . -- - - --- ---._---- ------ - .-- .-- ---'------- .- ---------------~- -- "'- ------~. - .-..-..-.-.-,,--..- - ~ A Attachment 3 MINUTES PAGE 7 PLANNING COMMISSION MARCH 16, 4 Commissioner Brown e a motion, seconded by Commissioner Keen to continue to the meeting of April 6, 2004, see revised elevations' and for the full Commission to be present; the motion failed on a The motion failed on the following roll AYES: Commissioners Brown and Kee NOES: Commissioner Fowler and Chair Gu ABSENT: Commissioner Arnold Mr. Persons said if a decision goes forward after the next me . g this would be acceptable. However, if the revised proposal is not approved he would hav for the credits. Mr. Strong explained that the applicant has ten (10) days to appeal to the the lack of action. The Commission took a 10 minute break.. D, PLOT PLAN REVIEW CASE NO, 04-002; APPLICANT - TRIED AND TRUE TATTOO; LOCATION - 1037 E, GRAND AVENUE, Staff report prepared and presented by Assistant Planner, Jim Bergman. Mr. Bergman gave an overview of the proposal for the tattoo parlor; he explained that the Development Code does not list "tattoo parlos" as an allowed use or specify an applicable permitting process. The Community Development Director tentatively approved Plot Plan Review 04-002 subject to a 10-day appeal period. At the March 2, 2004. meeting the Commission appealed the decision and requested a public hearing to determine if the use should be allowed and, if so, the appropriate permitting process (i.e. Plot Plan or CUP). Additionally tattoo parlors are being addressed as part of the ongoing Development Code Update. On August 26,2003, the'City Council approved an ordinance which included tattoo parlors within the definition of "Restricted Personal Services". Mr. Bergman explained the options available to the Commission. Mr. Bergman answered a question from Commissioner Guthrie stated that at this time we do not have any other "Restricted Personal Services in the midway section along Grand Ave; at this time it is limited only to definitionh. Chair Guthrie opened the hearing to the public. Gary Ellsworth, applicant, described the background and history of his application for a Plot plan Review with the City; stated from the beginning he was led to believe that this type of business would be allowed in this zoning; he distributed photographs to show upgrades already done to the inside of the busines; stated he wanted to dispel some ofr the misconceptions about tattoo parlors; that tattoo parlors are now part of the American '--_...~--_.._-,._--"- . -..,.'---.".-""-..-.. ,,~ ." MINUTES PAGE 8 PLANNING COMMISSION MARCH 16, 2004 cultgure; that he has the support of the neighbors, and the businesses and that they would help bring more business to them also. He concluded by stating that the area is diverse; they are centrally located; the store hours would be noon to 7:00 pm seven days week; most of the clients are on an appointment basis so will not cause much traffic; they were ready to open and it was a hardship on his family to delay this decision. Commissioner Brown. asked if they were regulated by anyone? Mr. Ellsworth stated the . . State does not regulate, but they were registered with the Health Department. Chair Guthrie opened the hearing for public comment. Otis Page, 606 Myrtle, not in favor of approval as this type of business was not suitable for Arroyo Grande. Shawn Gale, 20th street, Oceano, known the applicant Mr. Ellsworth personally for 20 years, she could verify that he was very professional would "raise the bar" for tattoo shops. In conclusion stated that if the Commission gives this business a chance they would not be disapointed. Malick Pearson, owner of Lady Luck Enterprises, next door business stated he was strongly in favor of this business and it would fit in perfectly with his business and was the best place for this business. Gina Rodrieques, worked in Fairoaks Pharmacy for 14 years, stated she was in favor of this business; believed this business would help other businesses in the area; it is better for young people to have professionally done tattoos, these are artists. Terry Pearson, mother Malick, Lady Luck Enterprises, stated her peception of tattoo parlors has changed totally since meeting these business owners and was in complete approval. Rob Casino, Partner, stated there is an alliance of professional tattooists that we cannot join until we open our business and they provide rules and regulations for tattoo parlors to operate in a safe environment. Chair Guthrie closed the hearing to public comment. Commission Comments: Fowler: . For three years there has been a tattoo business above her book store and in that time there has no problems . No loitering . No noise. . They keep good hours. .~ MINUTES PAGE 9 PLANNING COMMISSION MARCH 16, 2004 . There are no problems with the shared parking lot - turnover is fast process does not take long in most cases. . .' . The owners are a nice family. and it has been a positive experience having this business over hers. . The idea of tattoos and "blighted" is probably a misnomer. Brown: . Has a concern with health issues and wished there was regulatory oversite. . Overall no problem with this business. ' . Owner gave a good impression and deserves a chance at this business. Keen: . Thought the concerns had been addressed and had no problem with this. Guthrie: . Agreed with Keen and had no problem either and questioned if this still fits the "Personal Services" category. Commissioner Fowler made a motion, seconded by Commissioner Brown to approve Plot Plan Review 04-002, as previously approved by the Community Development Directo, and adopt: RESOLUTION 04-1918 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PLOT PLAN REVIEW CASE NO, 04-002 LOCATED AT 1037 EAST GRAND AVENUE, APPLIED FOR BY GaRY ELLSWORTH The motion was approved on the following roll call vote: AYES: Commissioners Fowler, Brown, Keen and Chair Guthrie NOES: . None ABSENT: Commissioner Arnold the foregoing Resolution was adopted this 16th day of March, 2004. E, STAFF PROJECT CASE NO, 04~001; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - VILLAGE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA, Staff reports prepared and presented by Community Development Director, Rob Strong. Mr. Strong stated that the Commission was to consider recommendation to City Council the proposed western expansion of the existing Downtown Parking and Business Improvement District and possible Le Point Street public access extension between Wesley and Nevada streets. He stated that the Traffic Commission met last night to consider this proposal and recommended continuation of this item to give time for further study and public input. However, as this was a noticed public hearing he would like to hear public comment and Commission recommendations. ., Attachment 4 .(- MISCELLANEOUS CRIM,ES ~653d (Added by Stats.1953, c. 32, p. 641, Impersonating an officer prohibited, see Penal Code ~ 146a. Intent to defraud, see Penal Code ~ 8. Interference with peaceful campus activities, see. Penal Code ~ 626.6. Cross References Malicious injuries to property, see Penal Code ~ 587 et seq. Cod A~ 16 17 19 192 Misdemeanor, see Penal Code II 16,17,19,19.2. . !ICe Penal e .. ",. . Nursing, unlicensed practice or indication of practice, see Business and Stats 1991 c 186 (A.B 436) ~ 3 Professions Code f5 2795,2799,2854,2887. Itr~aled by . ,. ., Optometry, practice without certificate, see Business and Professipns Cross References Code II 3040,3127,3128. ICC Penal Code I 518 el seq. Pharmacies, operation without permit,. see Business and Professions defined see Penal Code ~ 7. Code I 4110 et seq. r Ke Penal Code II 16, 17,19, 19.2. Physicians and surgeons, practice without certificate, see Business and cl<<m~d completed, see Penal Code I 660. Professions Code I 2052. defllled, see Penal Code ~ 7. Posted industrial property, trespassing or loitering near, see Penal Code I 552 et seq. Repealed by Stats.1984, c. 438, ~ 9 Property defined, see Penal Code I 7. . Refusal to leave public building, see Penal Code I 602. Rcnumbered ~ 650.5 and amended by Stats.1987, Co Riot, see Penal Code I 404 et seq, IZS.I 43 Slate Housing Law, violations, see Health and Safety Code I 17995. Trespass on property of the University of CaJifornia, see .Penal Code .tMJ. Repcaled by Stats.1991, c. 186 (A.B.436), ~ 4 II 558,558.1. . Cross References Trespasses constituting misdemeanors, see Penal Code I 602. . .. . . Unlawful assembly, refusal to disperse, see Penal Code f 416. areless or reckless operation, see. Public Utilities Code Unlawfully placing signs on public and private property, see Penal Code . tt 21407.21408. . 1556 et seq. . . Willfully defined, see Penal Code f 7. ~ng or aiding unregiStered person, see Busmess and Profes- - . tIons C~ef 7349. . I . d Pr f. Cod. ~ 651. Federal order stamps; unauthorized use; exception; OitrIPes agalDst barbenng aw, see Busmess an 0 esslons e definition I 7402. 1'rkIi<< I\ilhout valid license of registration, see Business and It is a misdemeanor for any person to buy, receive, sell, give ".-. l'r"feS$ions Code f 7317. away, dispose of, exchange or barter any Federal order stamps OIIotlerie$, except for the foods or cotton goods for which they are issued. . .C\It. m.lation oC provisions, see Health and Safety Code f 8746. ..'. .. .. . Vtlldali..m see Health and Safety Code ~ 8101. This section does not apply to any person buymg, receiVIng, bbo:atories, selling, giving away, disposing of, exchanging or bartering any MInS .., licensed person without license, see Business and Profes- Federal order stamps subsequent to the redemption of such .. -".n., Code I~ 1280, 1281. stamps in the manner provided by State or Federal law for the IiAtrluying unqualified persons, see Business and Professions Code foods or cotton goods for which they are issued. . If 1285, 1287. ..... .. lktlliC. conducting without see BiIsiness and Professions Code A3 used m this sectIOn,.. Federal order stamps refers to '. f 1281.' stamps issued by the United States Department of Agriculture . JtrWc only as nominal direclor by licensed physician or surgeon, see or its duly authorized agent for food and surplus food or cotton , Bu.\iness and ProCessions Code I 1284. . . and surplus cotton. (Added by Stats.1941, c. 682, p. 2151, 61.) TPIi and examinations by unqualified persons,. see Business and Pr?fcss.ions Code f 1282. ., ~. 652. Repealed by Stats.1994, Co 270 (A.B.3326). ~ 50 _ VIolation of provisions, see Health and Safety Code I 1235. .CWurlunicable disease prevention and control, violation of provisions ~ 653. Tattooing person under age 18 - Of regulations, see Health and Safety Code f 120275 et seq. ~oIkd substances, illegal sale, possession, administration or trans- Every person wh? tat~oos or of!ers to tattoo a person under . ponation, see Health and Safety Code f 11350 et seq. the age of 18 years IS guilty of a nusdemeanor. o.aielology, ..' AS used in this section to "tattoo" means to insert pigment .~.. blployment oC unlicensed operator, see Business and Professions under the surface of th; skin of a human being, by pricking , Code ~ 7349. . .th dl h. d. d I.bl k Hair r.m~'al b t d. h... I . I t. WI a nee e or ot eJWJSe, so as to pro uce an m e 1 e mar . ". y x-ray or concentra e c enuca s, VlO a Ions, see .. .. . . ~ Business and ProCessions Code ~ 7320.2., or figure Visible through the skin. .~aIice~d operations, see Business and Profe~ions Code f 7320. This section is not intended to apply to any act of a licensed ,,~agamSI, . practitioner of the healing arts performed in the course of his " ;;.t;.'ny, see Penal Code ~ 450 el seq. practice. (Added by Stats.1955, c. 1422, p. 2590, I 1.) I'll I~ health and safety, see Penal Code ~ 369a: et seq, ~lic peace, ~ee P~nal ~e f 403 et seq: . ~ 653a. Blank ~try, practice wtlhoulltcense, see Busmess and Profe5S.1ons Code . . rd~;~I. d .. . ..... ~~ 653b to 653c-l. Repealed by School Code 1929, c. 23, p. 1; blsturban~coOnfpuuctb'lisee PenabllCode f tf17. P I Cod A 403 :' Stats.1933, Co 975, p. 2543, ~ 601; Stats.1937, Co 90, p. Ir-.... - C asscm y or mee mg, see ena e .. . ~ee housing violations, see Health and Safety Code f 17061. 328, ~ 8100 . men,l of unmarried female under 18 for pUIpOSes of prostitution, "653d. S I r mI . h. f: .1 t . b b'll - ICe Penal Code I 266 ~ a e 0 nIng mac Inery; al ure 0 gIve uyer I .~ivcs, . .. of sale or to keep record :'.. I1Icga) use or possession, see Health and Safety Code if 12303, Every person who sells machinery used or to be used for 12305 . . . . h f Us . h b h. f ~ Transpon'li . . . mmmg purposes w 0 a to gIVe to t e uyer, at t e tune 0 ~ . a on, violatIons, see Health and Safety Code f 12085. sale a bill of sale for the machinery or who fails to keep a 23rlcs, unhealthy places of employment, see Labor Code if 2352, .tt' d f th al .. h 'd t th f d .b' . 54. . wn en recor 0 ese, giVIng tea e ereo, escn mg hIsc.perso~ation, see Penal Code f 528 et seq. .. the machinery, and showing the n~e ~~ ad~ress of the ~g, nOise, offensive words, see Penal Code I 415. buyer, and every buyer of such machmery, if tn this State, who . ul malter, see Penal Code f 313 et seq.. fails to keep a record of his purchase of such machinery, giving { I . . Attachment 5 CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 119300-119309 119300. For purposes of this chapter, the following definitions shall apply: (a) "Tattooing" means to. insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin. (b) "Body piercing" means the creation of an opening in the body of-a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. "Body piercing" does not, for the purpose of this chapter, include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the .needle or stud through the ear. (c) "Permanent cosmetics" means the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color. (d) "Department" means the State Department of Health Servic;es. 119301. The California Conference of Local Health Officers shall establish sterilization, sanitation, and safety standards for persons engaged in the business of tattooing, body piercing, or permanent cosmetics. The department shall provide the necessary resources to support the development of these standards. The California Conference of Local Health Officers shall consult and adopt, to the extent appropriate, the Bloodborne Pathogen Standard (Section 5193 of Title 8 of the Cal~fornia Code of Regulations) of the Department of Industrial Relations, Division of Occupational Safety and Health. The standards shall be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of conta9ious diseases through cross-contamination of instruments and supplies. The standards shall be submitted to the department for review and consul~ation by July 1, 1998. 119302. Within 30 days after standards are adopted by the department, the department shall distribute those standards in written form to all county health departments. 119303. (a) Every person engaged in the business of tattooing, body piercing, or permanent cosmetics shall register by December 31, 1998, with the county health department of the county in which that business is conducted. A registrant shall do all of the following: (1) Obtain a copy of the department's standards from the county health department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards. (2) Provide the county health department with his or her business address and the address at which the registrant performs any activity regulated by this article. (3) Pay a one-time registration fee of twenty-five dollars ($25) , to be paid directly to the county health department. (4 ) Pay an annual inspection fee of one hundred five. dollars ($105) to the county health department. (b) This section does not preclude a county from charging an additional amount if necessary to cover the cost of registration and inspection. (c) Fees established by this act shall be used exclusively in support of activities pursuant to this chapter. 119304. Every county health department shall conduct annual inspections of the locations at which registrants under this article conduct regulated activities. 119305. (a) A county may adopt any regulations that do not conflict with, or are more comprehensive than, the provisions of this chapter or with the standards adopted by the department. (b) This chapter does not limit a county's ability to require a registrant to obtain any business license or permit that the county finds appropriate. (c) In those jurisdictioDs where the local health officer and the environmental health director are in separate departments, the county or city shall have the option to choose the entity responsible for functions pursuant to this subdivision. 119306. A person who fails to register as provided by Section 119303 or violates the sterilization, sanitation, and safety standards after December 31, 1998, shall be subject to a civil penalty of five hundred dollars ($500) per violation. This penalty may be collected in an action brought by the prosecuting attorney of any county or city and county in which the violation occurred. All penalties collected shall be retained by the county. 119307. On or after January 1, 1999, any person seeking to engage in the business of tattooing, body piercing, or permanent cosmetics shall comply with the provisions of this chapter. 119308. The President of the California Conference of Local Health Officers shall act as the chairperson of a task force to be formed for the purpose of recommending legislation to the Legislature concerning licensing, training, sanitation, and other subjects deemed necessary to protect the health and welfare of persons seeking the services of practitioners of tattooing, body piercing, and permanent cosmetics. The task force shall be composed of 10 persons to be appointed by the President of the California Conference of Local Health Officers, and shall include a representative from the State Board of Barbering and Cosmetology, a physician_and surgeon licensed in this state, a representative from a nonprofit professional body piercers' association, a representative from a nonprofit professional tattooists' association, a representative from a nonprofit professional permanent cosmetic association, a representative from a nonprofit professional cosmetology association, and a representative from an organization representing the interests of local health departments. The president of the California Conference of Local Health Officers may appoint the remaining three members from any other groups that may, in the judgment of the president, be of assistance. ----- . 119309. This chapter does not restrict the activities of any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2. . , Attachment 6 COUNTY OF SAN LUIS OBISPO HEALTH AGENCY Susan G. Zepeda, Ph.D. PUBLIC HEAL TH DEPARTMENT Health Agency Director Environmental Health Division Gregory Thomas, M.D., M.P.H. 2156 Siena Way · P.O. Box 1489 Health Officer San Luis Obispo, California 93406-1489 Curtis A. Batson, R.E.H.S. Phone: (805) 781-5544 FAX: (805) 781-4211 Director REGISTRATION AND PENDING REGULATION OF BODY ADORNMENT PRACTITIONERS To: All Tattooists, Body Piercers and Permanent Cosmetics Technicians From: Gregory Thomas, M.D. M.P.H~~ County Health Officer' .. ~- Date: December 1, 1 998 Subj: Special Notification of Pending Regulations State laws are being phased in that will soon regulate tattooing, body piercing and permanent cosmetics practitioners. The first step in the process requires every person engaged in the business of tattooing, body piercing or permanent cosmetics to register with the Health Department in the County in which that business is conducted. To help you determine whether your business must register under the provisions of these State laws, please review the definitions of body adornment services listed on the registration form. If your business engages in providing any or all of the defined services for customers, you must complete the enclosed registration form and return it to this office with payment of the $25.00 registration fee not later than December 31, 1998, Thank you for your prompt cooperation in completing this registration process. - . Please contact our department if you would like a copy of the law that was passed last year (AB 1 86) regarding this issue. Regulations are currently being developed to implement the law, If you have questions about the development of regulations or this registration process, please contact Steve Carnes with Environmental Health Services at 781-5552, You will be given a copy of the regulations when they are developed pursuant to AB 1 86 and any subsequent changes prior to implementation. Enel: Registration Form \\3000A\VOl1 \COMMON\WP\OOCUMENT\STEVE\TA TTOOIN_OOC 1-Dec-98 ---------- - SAN LUIS OBISPO COUNTY ENVIRONMENTAL HEAL TH APPLICATION FOR CERTIFICATE OF REGISTRATION TO PERFORM TATTOOING, BODY PIERCING, OR PERMANENT COSMETICS Please mark one of the followiml aDDroDriate boxes: I:J I have documentation to show that I have completed vaccination against Hepatitis B 0 I have documentation showing laboratory evidence of immunity to Hepatitis B I:J I will file a certificate of vaccination declination for Hepatitis B Virus. The declination for vaccination shall be kept on file in the shop and made available during inspection, Please indicate the services that YOU will be Drovidina: I:J Tattooing - Inserting pigment under the surface of the skin by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin, This includes but is not limited to, eyeliner, lip color, camouflage, stencil designs and free hand designs. I:J Bodv Piercing - The creation of an opening in the human body for the purpose of inserting jewelry or other decoration. This includes but is not limited to, piercing of an ear, lip, tongue, nose or eyebrow. Body piercing does not, for the purpose of this definition, include piercing the leading edge or earlobe of the ear with a sterile, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. 1:1 Permanent Cosmetics - The application of pigments to or under the skin of a human being for the purpose of permanently changing the color of other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color. I declare that to the best of my knowledge the information that I have provided is true and accurate. I also agree to conform to all conditions, orders and directions, issued pursuant to the California Health and Safety Code, and all applicable County and City Ordinances. Name Signature Date \\3000A\VOL 1\COMMON\WP\DOCUMENT,FORMS\GENERAL\TA TTOOAP.DOC 1-Dec-98 ...... . . CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS PROPOSED MODEL PROGRAM including STERn .~~TlON, SANITATION, AND SAFETY STANDARDS FOR TA'ITOOING, PERMANENT COSMETICS AND BODY PIERCING As Submitted to tbe California Department of Health Services, 6/30198, Pursuant to AD .186 9130/98 L Defmitions The following terms contained in 1his document shall have the following meaning: . (a) APPROVED means acceptable to the Director of the local enforcement agency (LEA). (b) BLOODBORNE PATHOGENS means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C Virus (HCV) and human immunodeficiency virus (HIV). (c) BLOOD EXPOSURE INCIDENT means piercing the skin through such events as needlesticks, cuts, and abrasions from material contaminated with blood trom a client, or eye, mouth, other mucous membrane, or non-intact skin contact with blood or blood-contaminated material trom a client. (d) . BODY PIERCING means the creation of an opening in the human body for the purpose ofinsertingjewe1ry or other decoration. This includes but is not limited to, piercing of an ear; lip, tongue, nose or eyebrow. Body piercing does not, for the purpose of these standards, include piercing the leading edge or earlobe of the ear with a sterile, disposable, single-use stud . or solid needle that is applied using a mechanical device to force the needle or stud through the ear. (e) BODY PIERCER means any person who is registered by the LEA to perform body piercing. (f) BUSINESS OWNER means a1U' person, corporation, partnership, limited liability company, association, trust or unincorporated organization which owns or partially owns the business conducting tattooing, body piercing or permanent cosmetics. (g) CONTAMINATED means the presence or reasonably anticipated presence of blood, body fluid or other potentially infectious materials in or on the surface if an item. (h) CONTAMINATED WASTE means any contaminated material used in tattooing, pennanent cosmetics or body piercing that is to be disposed of. (i) ENFORCEMENT OFFICER means the Director or hislher designees of the LEA ----- . . Proposed Model Program September 30, 1998 . G) EXPOSURE CONTROL PLAN means a written plan, applying to all those who perfonn tattooing, application of pennanent cosmetics, or body piercing within a facility, describing how the applicable requirements of this standard will be implemented. It is designed to eliminate or minimize employee and client exposure to bloodbome pathogens and other communicable diseases. (k) FACILITY means any room, shop, space or vehicle where tattooing, permanent cosmetics or body piercing is perfonned. 0) INSTRUMENT means tattooing, permanent cosmetics or bo~y piercing equipment. Such equipment includes, but is not limited to needles, needle bars, needle tubes, forceps, hemostats, tweezers, pliers, or other implements used to insert pigment, pierce, puncture, or be inserted into any part of the human_body for the intended purpose of making a tattoo or pennanent hole. Such equipment also includes studs, hoops, rings, or other decorative jewelry, materials or apparatuses inserted into any part of the body for the intended purpose of placement in a hole resulting from piercing. (m) LOCAL ENFORCEMENT AGENCY (LEA) means the local department of health or environmental health responsible for enforcing these standards. (n) MINOR means any person under the age of 18 (eighteen) years. (0) OWNER means and includes every person having ownership, control or custody of any place of business or employment. (P) PERMANENT COSMETICS means the application of pigments to or under the skin of a human being for the purpose of pennanently changing the color or other appearance of the skin. This includes, but is not limited to, pennanent eyeliner, eye shadow, or lip color and semi-pennanent cosmetic make-up application. (q) PERMANENT COSMETICS TECHNICIAN means a person who is registered with the LEA to apply permanent cosmetics. (r) PERMANENT HOLE means a hole produced by piercing or puncturing any part of the body, with instruments intended to leave an opening" in body tissue( s) into which an appropriate device or apparatus may be inserted. Pennanent hole would include any body part newly pierced or punctured which is undergoing a healing process; and, any piercing whether or not removal of a device or apparatus fi:om the perforation would result in fusing or healing of the tissue or skin structures. (8) PERMIT means written approval by the LEA to operate a tattoo, pennanent cosmetics or body piercing facility. Approval is given in accordance with these standards, and is separate from any other licensing requirements that may exist within the local jurisdiction. (t) PIERCING DEVICE means any device used for the creation of an opening in the human body for the purpose of inserting jewelry or other decoration. 2 . . Proposed Model Program September 30,1998 . (u) PIERCING GUN means a handheld tool that shall be used exclusively for piercing the ear, into which single use pre-sterilized studs and clutches are placed and inserted into the ear by hand squeezed or spring loaded action to create a pennanent hole. The tool must be made of plastic, stainless steel or other material that is able to be disinfected. (v) PROCEDURE AREA means the immediate area where instruments and supplies are placed during a procedure. (w) PURCHASED PRE-STERILIZED means instIUments or procedure set- ups that are sold individually packaged and sterilized. Each p~kage shall have an auditable sterilization lot number from a sterilization facility. (x) REGISTRATION means the applicant has complied with all the requirements of the LEA and has received a Certificate of Registration. (y) SANITIZATION means effective bactericidal and virucidal treatment of . clean equipment surfaces by a process that has been approved by the LEA as being effective in destroying pathogens. It is not the same as sterilization. (z) STERn .17:A TION means the destruction of all living organisms including spores. (aa) TA1TOOING means inserting pigment under the surface of the skin by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. This includes but is not limited to, eyeliner, lip color, camouflage, stencil designs and ftee hand designs. (bb) TA 1TOOIST means any person who is registered with the LEA to apply tattoos. (cc) WORKSTATION means an area that is set up to perform tattooing, pennanent cosmetics or body piercing. A workstation can be a separate room or an area that can be screened to insure privacy when performing nipple, genital or other discretionary area tattooing or piercing. n. Rights sf tile Enforcement Officers Enforcement Officers are charged with the enforcement of all provisions of these standards, and all standards adopted pursuant to it. The Enforcement Officer may enter, inspect, issue notices of violation. impound, copy records, and secure any samples, photographs, or other evidence trom any tattoo, pennanent cosmetic or body piercing shop, or any facility suspected of being a tattoo, pennanent cosmetic or body piercing shop, for the purpose of enforcing these standards. The Enforcement Officer shall be a Public Health Nurse or Registered Environmental Health Specialist (REHS) and have a minimum of the following training: (a) A health and safety class with a curriculum that includes all of the sections included in the Exposure Control Plan, and (b) Basic knowledge of vocabulary, instruments and equipment used in 3 --~_. ~",._, , Proposed Model Program September 30, 1998 . tattooing, permanent cosmetics, and body piercing Iw/mn /IIII1f mI8I1I81 m Certificate Of Registration No person shall perfonn tattooing, application of pennanent cosmetics, or body piercing unless such a person is registered with the LEA to perfonn tattooing, permanent cosmetics, or body piercing. Upon completion of all the requirements of registration, the candidate will receive a Tattooist, Body Piercer, or Permanent Cosmetics Technician Certificate of Registration. The Certificate of Registration shall require renewal three (3) years trom the date of issuance. A physician and surgeon licensed under Chapter 5 (commencing with sec. 2000 of Division 2, Business and Professions Code) or a person engaged in the piercing of the lea.ding edge or earlobe of the ears only is exempt trom . registration requirements. IV. Registration Requirements and Procedures Applicant must be at least eighteen (18) years of age at the time of application, and shall: (a) Obtain a copy of the LEA standards and commit to comply with the standards. Sign acknowledgement of the receipt of the standards. (b) Complete all LEA application forms and pay required registration. pennit and inspection fees where required. (c) Registration information shall include the full name of applicant, home address of applicant and a full description of the procedures to be performed by applicant. (d) Provide the name, business address and hours of o!>eration of the facility &BEl tae address at which the registrant will perfonn any activity covered by these standards. (e) Provide proof of successful completion of an LEA approved health and safety class that has a cu"iculum that contains all of the sections of the Exposure Control Plan. (f) Demonstrate by examination, knowledge of baSic tattooing, permanent cosmetic and/or body piercing techniques, Universal Precautions, health and safety precautions, sanitation and sterilization techniques designed to prevent cross contamination. The minimum passing grade shall be set by the LEA. /11JIrIlllttIIlIIDUdJIIJI. tIiI ~ (g) For renewal of registration, the registrant must provide proof of successful completion of an LEA approved continuing education course. The registrant must complete at least one LEA approved continuing education course during every three-year registration period. The class in preventing disease transmission may be repeated (h) Registration is not transferable trom one person to another. The Certificate of Registration must be prominently displayed to the public, at the registrant's workstation, in every shop where the registrant practices. 4 "----.-- - , Proposed Model Program September 30,1998 ill A Certificate of Registration may be revoked at any time after due process. Registration may be suspended by the LEA, after failure to correct violations on an official notice of violation. or failure to comply with the conditions set forth at an administrative hearing. If the registrant shows an inability or unwillingness to correct violations and com,ply with the standards. his or her Certificate of Registration may be revoked. G) Notwithstanding the other provisions of these standards; if the Enforcement Officer or any other duly authorized representative finds any unsafe practices or unsanitary conditions in the operation of a tattoo, pennanent cosmetic, or body piercing shop which constitute ari imminent danger to the public health, the Enforcement Officer may serve an order upon the registrant, owner or manager citing such conditions and specifying the corrective action(s) to be taken within a period offifteen . (IS) days or less as designated by the Enforcement Officer. Such order may state that the registrant's registration is immediately suspended and all tattooing, permanent cosmetics and/or body piercing procedures are to be discontinued forthwith and such tattoo, permanent cosmetic, or body piercing operations are to be closed. Any person to whom such an order is issued shall comply immediately. As promptly as possible thereafter and within fifteen (15) days, the Enforcement Officer shall provide such a person an opportunity to be heard. .~ Temporary Certificate of Registration (a) A person may obtain a Temporary Certificate of Registration that allows the practice of tattooing, permanent cosmetics or body piercing in a permitted shop, convention, or educational function. A temporary Certificate of Registration is validfor no more than thirty (30) consecutive days in a ninety-day period (b) Requirements for temporary registration Applicant must be at least eighteen (18) years of age at the time of application and shall: (1) Obtain a copy of the Department's standards and commit to comply with the standards. (2) Complete application and pay fees to the LEA. (3) Provide the name and address of the LEA approved facility or special event where registrant will be performing tattooing, permanent cosmetics or body piercing. (4) Pass a registration examination with a minimum grade of 70%. (5) Prominently display the Certificate of Registration at any workstation in which he/she practices. (c) A temporary Certificate of Registration may be revoked at any time if the Enforcement Officer finds any unsafe practices or unsanitary conditions in the operation of a tattoo, permanent cosmetics or piercing facility, which constitutes an imminent danger to public health. Any person to 5 - Proposed Model Program September 30, 1998 whom such an order is issued shall refrain from all tattooing or piercing procedures until all unsafe practices and conditions are corrected and the Enforcem~nt Officer approves the shop to reopen. VI. Clients and Client Records (a) No tattoo or permanent cosmetic application shall be applied to any person under eighteen (18) years of age, regardless of parental consent, except when authorized or prescribed by a physician's statement. (b) Persons under the age of eighteen (18) years of age may receive body piercing provided they ar-e aeeempamea hy their that the body piercing is performed in the presence of. or as directed by a notarized writing by. the person's parent o~ guardian. The minor shall have a valid identification and < ~ parent or guardian shall have a valid picture identification. Nipple and genital piercing is prohibited on minors regardless of parental consent. (c) Before administering a tattoo or permanent cosmetic, the client must be advised that permanent cosmetics or any other tattoo should be considered permanent; that there is potential for adverse healing such as keloid formation and hypertrophic scarring: that it can only be removed with a surgical procedure; and that any effective removal may leave scarring. Written information to this effect shall be included on the consent form to apply a tattoo. (d) Tattooing, permanent cosmetics, or body piercing shall not be performed on skin surfaces which have sunburn, rash, pimples, infection, open lesions, mole, or manifest any evidence of unhealthful cond:itions without medical clearance. (e) Tattooing, permanent cosmetics and body piercing may not be performed on any person who is impaired by drugs or alcohol. (f) The 5hep business shall maintain proper records for each customer. The records of the procedure shall be lc1!pt for three (3) years and shall be available for inspection by the Enforcement Officer. The records shall include the following: (1) The date of the procedure. (2) Record of information on the picture identification showing name, date of birth, gender and current address of client. (3) The design and location of the tattoo, permanent cosmetics, or body piercing. (4) The name and registration number of the tattooist, permanent cosmetic technician or body piercer, (5) Copy of the signed client information and consent form to perform the tattoo, permanent cosmetic or body piercing procedure. 6 --.-.,,-----.-...- -- - Proposed Model Program September 30, 1998 (e) At least fifty (SO) foot-candles of artificial light shall be provided at the level where the tattoo, pennanent cosmetics or body piercing procedure is being performed. (f) All surfaces, including but not limited to, counters, tabl~ equipment, chairs, recliners, shelving, cabinets in the service areas and cleaning room shall be made of smooth, non-absorbent, non-porous materials to allow for easy cleaning. . (g) Hand sinks with hot and cold running water operated by wrist or kpee action shall be located in each work area. Hand sinks shall be supplied with liquid soap and single-use paper towels trom sanitary dispe'nsers. If there are two or more work stations within a room, all may share the hand sink. A work station in a separate room shall include a hand sink. AI. (h) The cleaning room.or area shall have a separate sink reserved for instrument clean up activities only. (i) In addition to adequate hand sinks and a cleaning area sink, the shop shall have a separate janitorial sink available for use by the facility. 81/1 .r.illllt, ~"IIIBIt fI1I' I/Jtw I11/III'111 .,,,lil'iiii ,.~ (i) Water supply shall be trom an approved source. G) Sewage including liquid wastes shall be disposed of in a public sewer or, in absence thereof, in a manner approved by the LEA G) There shall be access to a telephone in order to make paramedical services available in case of need. i.e.. access to 911. xn. Temporary-and Mobile Facilities (a) Temporary facilities include those for educational or convention purposes. To the extent possible, they shall meet the facility requirements in Section XIV. At a minimum, they must include: (1) Temporary hand wash facilities and hand sanitizer located within each work or demonstration area. A temporary hand wash facility shall consist ofliquid hand cleanser, single-use paper towels and warm potable water dispensed trom an insulated container with a spigot that is raised a minimum of twenty-five (25) inches off the floor. Wastewater shall be collected in a bucket placed on the floor ,,~ under the spigot. Warm potable water shall be replenished and .. wastewater removed as necessary, (2) At least fifty (50) foot-candles of light at the level where the procedure is being performed. (3) A separate cleaning and sterilization area must be provided for use by the participants that supplies an adequate number of sinks and LEA-approved sterilization units for cleaning and sterilizing equipment to be used during the event. (4) Only sterilization units approved by the LEA and used, cleaned and maintained according to manufacturer's instructions shall be utilized. All sterilization units used at the event shall have 9 .-- .~ Proposed Model Program September 30, 1998 certification of a negative spore test on the sterilizer within the last 30 days: (b) Mobile units or vehicles must comply with the following requirements. (1) The mobile vehicle shall be equipped with a sink for the exclusive use of the registrant for hand washing and preparing customers. An adequate supply of potable water shall be maintained at all times that the mobile shop is open for business. . (2) All liquid wastesshaII be stored in an adequate storage ~ with a capacity at least fifty percent (50%) greater than the capacity of the on-board potable water. Liquid wastesshaII be disposed of at any approved trailer dumpsite. (3) If there is not.an on-board restroom, the mobile vehicle shall be ~ operated within 200 feet of a public restroom. < (4) All procedures must be perfonned inside the mobile vehicle. No procedures shaII be perfonned outside of the vehicle. :xm. Housekeeping Standards All tattoo, permanent cosmetic, and body piercing facilities shalI meet the following criteria: (a) All areaS shall be kept neat, clean and in good repair. (b) All surfaces and equipment (chairs, work stations, counters, client recliners or chairs, dispensers) in the procedure area shall be made of smooth, non- absorbent, non-porous material that can Withstand repeated disinfection. (c) An Environmental Protection Agency (EP A) regist~red hard surface disinfectant product or germieide (iodophor, chlorine. phenolic, or alcohol containing germicide used according to manufacturer's instructions. or a 1:100 dilution of household bleach and water (two (2) tablespoons of bleach in one (1) quart of water) shaII be used after cleaning to disinfect any surface contaminated with blood or body fluids. (d) All facilities shall have the waiting area separated trom the workstations and the cleaning room or area. A public restroom shall be available to clients during all business hours. (e) Tattooing, body piercing and permanent cosmetic activities shall be " separated trom nail and hair activities by a solid barrier in such a manner as . to prevent contact with irritants including but not limited to hair spray and nail dust. (f) The cleaning room or area shall be set up in a manner to provide distinct, separate areas for cleaning equipment, and for the handling and storage of sterilized equipment. The cleaning area sink shall be reserved for instrument cleaning only and shall not be used as a janitorial sink. (g) Large capacity ultrasonic cleaning units shall be clearly labeled biohazardous and placed away from the sterilizer and workstations. All ultrasonic cleaners shall be us~ cleaned and maintained according to manufacturer's specifications. 10 - Proposed Model Program September 30, 1998 VB. Hepatitis B Vaccination . All registrants must either: (a) Document protection against hepatitis B in the fonn of: (1) certification of completed vaccination or, (2) laboratory evidence of immunity or (b) File a certificate of vaccination declination for HBV. The declination for vaccination shall be kept on file in the shop and made available during inspection. . . - VHI. Facility Permit Requirements (a) It shall be unlawful for any person to operate a tattoo, permanent cosmetics or piercingfacility without first obtainingapermit from the LEA. A physician, performing tattoo or piercing procedures in the physician 's office or clinic, is exempt from this requirement, (b) Only a person who complies with the requirements of these standards shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another, from one place to another or from one vehicle to another. The permit must be prominently displayed to the public. The permit shall expire (1) one year frQm the date of issuance. (c) The following information will be required for the permit application: (1) Name of applicant. (2) Residence of applicant. (3) If a partnership, the names and residence addresses of each of the partners. (4) If a corporation, the names and addresses of a designated corporate officer and an onsite facility representative. (5) The location of the proposed establishment, Department approved plans and scope of operation. (6) A complete description of all tattoo, permanent cosmetics or piercing services to be provided IX. Faeility Business Owner Responsibilities The faeility business owner or operator of any tattoo, pennanent cosmetic, or body piercing facility shall: (a) Allow the Enforcement Officer or any duly authorized representative, after proper identification, to enter during business hours, any tattoo, permanent cosmetic, or body piercing shop within hislher jurisdiction, to inspect, and 7 .- ',~ - Proposed Model Program September 30, 1998 (e) At least fifty (50) foot-candles of artificial light shall be provided at the level where the tattoo, pennanent cosmetics or body piercing procedure is being perfonned. (f) All surfaces, including but not limited to, counters, tables, equipment, chairs, recliners, shelving, cabinets in the service areas and cleaning room shall be made of smooth, non-absorbent, non-porous materials to allow for easy cleaning. (g) Hand sinks with hot and cold running water operated by wrist or kpee action shall be located in each work area. Hand sinks shall be supplied with liquid soap and single-use paper towels from sanitary dispensers. If there are two or more work stations within a room, all may share the hand sink. A work station in a separate room shall include a hand sink. (h) The cleaning room-or area shall have a separate sink reserved for < instrument clean up activities only. (i) In addition to adequate hand sink$ and a cleaning area sink, the shop shall have a separate janitorial sink available for use by the facility. 0//1 l61l1I tIJIt II'III/Ift1aJt f1Ir I11rw 1II/IIftII1lb., I11'1III , IIIrtII/JiJ./ (i) Water supply shall be from an approved source. G> Sewage including liquid wastes shall be disposed of in a public sewer or, in absence thereof, in a manner approved by the LEA. G) There shall be access to a telephone in order to make paramedical services available in case of need. i.e.. access to 911. xn. Temporary and Mobile Facilities (a) Temporary facilities include those for educational or convention purposes. To the extent possible, they shall meet the facility requirements in Section XIV. At a minimum, they must include: (1) Temporary handwash facilities and hand sanitizer located within each work or demonstration area. A temporary hand wash facility shall consist ofliquid hand cleanser, single-use paper towels and warm potable water dispensed from an insulated container with a spigot that is raised a minimum of twenty-five (25) inches off the floor. Wastewater shall be collected in a bucket placed on the floor under the spigot. Warm potable water shall be replenished and wastewater removed as necessary. (2) At least fifty (50) foot-candles of light at the level where the procedure is being perfonned. (3) A separate cleaning and sterilization area must be provided for use by the participants that supplies an adequate number of sinks and LEA-approved sterilization units for cleaning and sterilizing equipment to be used during the event. (4) Only sterilization units approved by the LEA and used, cleaned and maintained according to manufacturer's instructions shall be utilized. All sterilization units used at the event shall have 9 -._~-'--'--------'-- " - Proposed Model Program September 30, 1998 certification of a negative spore test on the sterilizer within the last 30 days: (b) Mobile units or vehicles must comply with the following requirements. (1) The mobile vehicle shaII be equipped with a sink for the exclusive use of the registrant for hand washing and preparing customers. An adequate supply of potable water shall be maintained at all times that the mobile shop is open for business. (2) All liquid wastes shall be stored in an adequate storage ~ with a capacity at least fifty percent (50%) greater than the capacity of the on-board potable water. Liquid wastes shall be disposed of at any approved trailer dumpsite. (3) If there is not an on-board restroom, the mobile vehicle shall be operated within 200 feet of a public restroom. < (4) All procedures must be perfonned inside the mobile vehicle. No procedures shaII be perfonned outside of the vehicle. xm. Housekeeping Standards All tattoo, permanent cosmetic, and body piercing facilities shall meet the following criteria: (a) All areaS shall be kept neat, clean and in good repair. (b) All surfaces and equipment (chairs, work stations, counters, client recliners or chairs, dispensers) in the procedure area shall be made of smooth, non- absorbent, non-porous material that can withstand repeated disinfection. (c) An Environmental Protection Agency (EP A) regist~red hard surface disinfectant product or germieide (iodophor, chlorine. phenolic, or alcohol containing germicide used according to manufacturer's instructions, or a 1:100 dilution of household bleach and water (two (2) tablespoons of bleach in one (1) quart of water) shall be used after cleaning to disinfect any surface contaminated with blood or body fluids. (d) All facilities shall have the waiting area separated trom the workstations and the cleaning room or area. A public restroom shall be available to clients during all business hours. (e) Tattooing, body piercing and pennanent cosmetic activities shall be separated trom nail and hair activities by a solid barrier in such a manner as to prevent contact with irritants including but not limited to hair spray and nail dust. (f) The cleaning room or area shall be set up in a manner to provide distinct, separate areas for cleaning equipment, and for the handling and storage of sterilized equipment. The cleaning area sink shall be reserved for instrument cleaning only and shall not be used as a janitorial sink. (g) Large capacity ultrasonic cleaning units shaII be clearly labeled biohazardous and placed away trom the sterilizer and workstations. All ultrasonic cleaners shall be used, cleaned and maintained according to manufacturer's specifications. 10 ------- -~._-- Proposed Model Program September 30,1998 . (h) Adequate foot-operated receptacles shall be provided in each workstation for disposal of trash and debris. (i) Each work station shall have an LEA-approved sharps container that is rigid, puncture proof, leak: proof and not red in color for disposal of sharp objects that come into contact with blood or body fluids. /WIty.r ntI1 1111 I'll/, rII1It IIIItr1l G) The procedure area and client chair/table must be wiped down with an EP A registered disinfectant or germicide using a single-use paper towel before and after serving each client. (k) Immediately before a 1M procedure, the procedure area must be wiped down with an EP A registered hard surface disinfectant product 9f germieide (iodophor. chlorine. phenolic. or alcohol containing germicide used according to.manufacturer's instructions. or a I: 100 dilution of . household bleach and water (two (2) table$poons of bleach in one (J) quart of water) using a single-use paper towel wipe. (I) All germicides and disinfectants must be used according to manufacturer's recommendations. (m) All chemicals shall be properly labeled and stored. (n) Pets or other animals shall not be permitted in the facility. Trained guide or assistance animals for the disabled and fish in aquariums in the waiting area are exempted. XIV. Exposure Control Plan The owner of every tattoo, permanent cosmetics, and body piercing facility shall establish a written Exposure Control Plan applying to all those who perform tattooing. application of permanent cosmetics, or body piercing within a facility, describing how the applicable requirements of this standard will be implemented. The Exposure Control Plan shall contain at least the following elements: The method of implementation for each of the following applicable sections of these standards: (V) Clients, (VITI) Facility Requirements, (X) Housekeeping Standards, (XIII) Approved Sterilization Equipment and Monitoring Methods, (XIV) Instrument Sterilization and Set-Up, (XV) Contaminated Wastes, (XVI) Tattooing, (XVll) Permanent Cosmetics, and (XVIII) Body Piercing. xv. Exposure Control Training Requirements (a) All persons registered with the LEA to perform tattooing, application of permanent cosmetics, or body piercing must receive exposure control training. (b) Training shall be completed within one year of the effective date of this 11 ---- Proposed Model Program September 3D, 1998 standard and must be updated at least every three years thereafter. Training in Cardiopulmonary Resuscitation (CPR) shall be required. Additional training must be completed when changes such as modification of procedures or institution of new procedures affect the practitioner's or client's exposure. The additional training may be limited to addressing the new exposures created. /ll1IrI1l1tIJI.,.,..lJIIJ (c) Material appropriate in content and vocabulary to educationa11evel, literacy, and language of trainees shall be used. (d) The training program shall contain, at a minimum, the following elements. (1) An accessible copy of the these and other applicable standards and an explanation of their contents; (2) A general explanation of the epidemiology and symptoms of bloodborne diseases and other exposures appropriate for the < practice of the trainee; (3) An explanation of the modes of transmission of blood borne pathogens and other communicable diseases appropriate for the practice of the trainee; (4) An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood for either the practitioner, the client, or both; (5) An explanation of the use and limitations of methods that will prevent or reduce exposure to both the. practitioner and the client; (6) Information on the types, proper use, and removal of gloves and proper handwashing techniques; (7) Information on proper selection and use of disinfectants and antiseptics: (8) Information on the hepatitis B vaccine, including information on its efficacy, safety, method of administration, and the benefits of being vaccinated; (9) An explanation of what constitutes a blood exposure incident, the risk of disease transmission following a blood exposure incident, and the options for post-exposure evaluation and follow-up if an exposure incident occurs, specific to each bloodbome pathogen; (10) An opportunity for interactive questions and answers with the person conducting the training session. (e) The person conducting the training shall be knowledgeable in the subject matter covered by the training program as it relates to the workplace that the training will address. IDI A.aa Bed Cl"UlIIas 12..... ClJlll"llIIItItI8d "Pm8DDIII- TI'8IIIIIIlI_ CIInI ...... 3228] 12 Proposed Model Program September 30, 1998 XVL Approved Sterilization Equipment and Monitoring Methods Instruments used in tattooing, permanent cosmetics, and body piercing shall be properly cleaned and packaged in sterilizer bags with a color change indicator and then sterilized in a sterilizer that meets the following requirements: (a) Is sold as sterilizing equipment for medical instruments. (b) Has been approved by the Department LEA (c) Is used, cleaned and maintained to manufacturer's specifications. (d) Is tested at least monthly (unless otherwise specified by manufacturer) by using a commercial biological monitoring (spore) system to assure that all microorganisms, including spores, have been destroyed. Biological indicator test results must be available for inspection at all times. . . - xvn. Instrument Sterilization and Set-Up (a) Contaminated non-disposable equipment including. but not limited to. needles, needle bars, needle tubes, needle caps, body piercing tubes or other instruments that are contaminated shall be immersed in liquid in the cleaning area or room until cleaned and sterilized. (b) Before being sterilized, all instruments shall be thoroughly cleaned in an ultrasonic cleaner following manufacturer's instructions. (c) After cleaning, non-disposable instruments shall be packaged into procedure set-ups with color change indicators or packaged individually in peel-packs with color change indicators. All packages shall be dated and initialed by the preparer. If a sterilized package has been breached or allowed to get wet, the instrument( s) shall be re-packaged and re-sterilized before use. (d) After sterilization, the instruments shall be stored in a dry, clean cabinet or other tightly covered container reserved for storage of sterile instruments. (e) A record of sterilization procedures should be maintained. (t) Wearing new clean disposable examination gloves, the tattooist, permanent cosmetics technician, or body piercer shall use proper technique to assemble, without contamination, all instruments and supplies to be used in the procedure. All sterilized instruments shall remain in sterile packages until opened in front of the client. If a glove is pierced, tom or contaminated by contact with any non-clean surface, both gloves must be properly removed and discarded. The gloves shall be discarded after the completion of each procedure on an individual client, and hands shall be washed prior to donning the next pair of gloves. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable examination gloves does not preclude or substitute for hand washing procedures as a part of a good personal hygiene program. 13 -..--- Proposed Model Program September 30, 1998 xvm. Contaminated Wastes Contaminated wastes generated by a tattoo, permanent cosmetics or body piercing facility shall be classified into two categories: (a) Contaminated sharps, which means any contaminated object that can penetrate the skin including, but not limited to, tattoo needles, pennanent cosmetic needles, piercing needles and razors, shall be eReapsulated eEl disposeS ef iB the trash. EKamples of aeeeptable eaeapsalatiaB meluee filliag the sharps eoBtaiftef with plaster sf paris sr the use of seRUBereial eaeapsulatioa systems disposed of in accordance with the MediCal Waste Management Act following an approved method of treatment to render them non-infectious. Shm:ps containers may be autoclaved prior to disposal. They mum be autoclavable (will not melt under high . heat/pressure conditions) and must be marked with an indicator to show they have been sterilized. Sterilization by autoclave procedures must be done in accordance with the Medical Waste Mana~ement Act. (b) Other contaminated waste, meaning waste other than contaminated sharps, which include contaminated gauze, wipes, tissues, unused dyes and inks, and other non-sharp(s) used in tattooing, pennanent cosmetics, or body piercing, shall be double-bagged, securely tied and disposed of daily in a trash container that prevents unauthorized access. This material shall be disposed of in an approved site by a general trash hauler (licenSed solid waste hauler). XIX. Tattooing (a) Before the procedure is started, the tattooist shall discuss all the topics. on the LEA-approved infonnation fonn and the consent fonn for application of a tattoo. The client shall fill out and sign the fonns. One copy of each fonn shall be retained by the shop; the other copy shall be given to the client. The tattooist must also explain all aftercare inStructions and have the client initial the box on the consent fonn to indicate that he or she has received written aftercare instructions. (b) The tattooist shall not smoke, eat or drink at the workstation or cleaning room during or between procedures. (c) The tattooist shall thoroughly wash hands and forearms with soap and warm water before and after serving each client, to prevent cross contamination and/or transmission of body fluids, infections or exposure to service related chemicals or wastes. Following thorough washing, hands shall be dried using clean, single use paper towels. (d) The tattooist shall wear new clean disposable examination gloves for every client during the procedure. If a glove is pierced, tom or contaminated by coming into contact with any other person or non-clean surface, both gloves must be properly removed and discarded. Gloves shall be discarded after the completion of each procedure on an individual client, and hands 14 - Proposed Model Program September 30,1998 shall be washed prior to donning a new pair of disposable examination gloves. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable examination gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program. (e) The tattooist shall use freshly laundered linens or new disposable drapes, lap cloths, or aprons for each client. All drapes, lap cloths, aprons and linens shall be stored in a closed cabinet or container. Used disposable items shall be placed into a closed container that is lined with a plastic bag for disposal at the end of the day. Used linens shall be placed into a laundry hamper lined with a plastic bag. (f) All substances used in the procedures shall be dispensed from containers in a manner to preve!tt contamination of the unused portion. < (g) When a work station rinse cup is used alone or in an ultrasonic cleaner, the cup and solution must be changed after each client. (h) If spray. bottles are used to dispense liquids, the liquid shall be sprayed onto a single-use wipe rather than directly'onto the client. (i) Single-use ointment tubes, applicators and supplies shall be discarded after the tattoo procedure. (j) All pre-sterilized instruments to be used in the tattooing procedure shall be opened in front of the client. (k) The use of hectographic or single-service tissue stencils shall be required for applying a tattoo outline to the skin. The use of acetate or other multi- use stencils is prohibited. (I) When the design is drawn free hand, non- toxic markers or other devices shall be used. (m) Individual portions of inks, dyes or pigments in single-use containers shall be used for each client. Any remaining unused dye or pigment shall be discarded immediately following the tattoo procedure. (n) If inks, dyes or pigments are prepared by the tattooist only non toxic, non- contaminated materials shall be used. (0) Excess ink, dye or pigment applied to the skin during tattooing shall be removed with a clean single-use paper product. (P) Immediately, before the procedure is begun, the procedure area shall be wiped down with an EP A registered gennicide or disinfectant or a solution of two (2) tablespoons of bleach in one (1) quart of water and the procedure area covered with an uncontaminated paper to~el or tray cover. All instruments and supplies needed for the procedure shall then be arranged on the paper. (q) Before placing the design on the skin, the tattooist 8ftist shall clean any area other than the face with gennicidal soap, and ifnecessary, shave off any hair with a new disposable, single-use safety razor, then apply the stencil. The area shall be cleaned during and after the procedure with an antimicrobial soap that has been applied with a single-use paper pr-edHet wipe. If sb&viBg is Becessary, siBgle use disposable razors or safety razars 15 - ,~. "........- -_..... -..- Proposed Model Program September 3D, 1998 ....vith siftgle serviee blades shall be used aa8 Elisear.eed after eaeh. use, aad the reusaele holder shall be sterilized iB aa Mlteelave after eaeh use. Following shaving, the skin and surrounding area shall be washed with an antimicrobial soap and water or an EP A-approved antiseptic solution applied with a clean, single-use paper pr.eduet wipe. (r) The stencil shall be applied with the antimicrobial soap or some other approved product dispensed iTom a container in a manner that does not contaminate the unused portion. (s) The tattooed area shall then be covered with clean gauze that i~ held in place with a suitable skin tape. (t) ,Upon completion of the procedure, aftercare instructions shall be reviewed with the client. Aftercare shall consist of both verbal and written instructions conceflling proper care of the tattooed skin. Instructions shall < specify: (1) Responsibilities and care following the tattoo procedure. (2) Possible side effects. (3) Restrictions. (4) Signs and symptoms of an infection. (5) Instructions to call a physician if infection occurs. xx. Permanent Cosmetics (a) Before the procedure is started, the permanent cosmetics technician shall discuss all topics on the LEA-approved client information form and the consent form for the application of a permanent cosmetic procedure. The client shall fill out and sign the forms. One copy of each form shall be retained by the shop; the other copy shall be given to the client. The permanent cosmetics technician must also discuss all aftercare instructions and have the client initial the box on the consent form to indicate that he or she has received written aftercare instructions. (b) The permanent cosmetics technician shall not smoke, eat or drink at the work station or cleaning area during or between procedures. (c) The permanent cosmetics technician shall thoroughly wash hands and forearms with soap and warm water before and after serving each client, to prevent cross contamination andlor transmission of body fluids, infection or exposure to service related chemicals or wastes. Following thorough washing, the hands shall be dried using clean, single use paper towels. (d) The permanent cosmetics technician shall wear new clean disposable examination gloves for every client during the procedure. If a glove is pierced, tom or contaminated by coming into contact with any other person or non-clean surface, both gloves must be properly removed and discarded. Gloves shall be discarded after the completion of each procedure on an individual client, and hands shall be washed prior to donning a new pair of disposable examination gloves. Under no circumstances shall a single pair of gloves be used on more than one 16 --'-,~,-~- Proposed Mode. Program September 30, 1998 - person. The use of disposable examination gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program. (e) The pennanent cosmetics technician shall use fTeshly laundered linens or new disposable drapes, lap cloths, or aprons for each client. All drapes, lap cloths, aprons and linens shall be stored in a closed cabinet or container. Used disposable items shall be placed into a closed container that is lined with a plastic bag for disposal at the end of the day. Used linens sha1l be placed into a laundry hamper lined with a plastic bag. (t) All substances, including but not limited to pigments and dyes, used in the procedures shall be dispensed from containers in a manner to prevent contamination of the unused portion. (g) If spray bottles are used to dispense liquids, the liquid shall be.sprayed onto , a single-use wipe rather than directly onto the client. (h) If the pennanent cosmetic technician shell Bot Be J'eE}uirea te have 8ft tHtrasonie eleaaer ana a he spital gf&Se sterilizer if only uses ONLY purchased. pre-sterilized individually packaged, sterile, single-use, needles, needle chambers machine tips, machine casings, and combo .couplers~ an ultrasonic cleaner and a hospital grade sterilizer shall not be required. are usea. If any mstnmumts non-disposable components of a manual devise. rotary pen. or traditional coil machine are re-used, they must be cleaned in an ultrasonic cleaner and sterilized in a hospital grade sterilizer following the manufacturer's instructions. Liquid sterilants shall not be used for sterilizing any re-usable instruments or components. (i) Ifa manual device is used, it shall be single use and. disposable. The device shall be sterilized before use, and discarded in a sharps container at the end of the procedure. G) The use of some rotary pens (also called cosmetic machines) is pennitted. Any rotary pen that uses a sponge at the opening of chamber to stop the pigment or body fluids fTom getting into the machine or is designed in a manner that doesn't allow it to be properly cleaned and sterilized shall not be pennitted. (k) Only rotary pens that have detachable, disposable, sterile combo couplers and detachable, disposable or autoclavable casings that can be cleaned and sterilized can be used. Pre-sterilized needles shall be used in all procedures. (1) The use of any traditional coil machine shall be pennitted providing the permanent cosmetic technician has a shop with an ultrasonic cleaner and hospital grade sterilizer to clean and sterilize the needles and needle bars, and the needle tubes. (m) Disposable sterile machine tips, combo couplers, needles, needle chambers, and casings shall not be re-used. (n) Fresh pigment and disposable pigment containers shall be used for each client. Used pigment and pigment containers shall be discarded after each client. 17 -- , Proposed Model Program September 30. 1998 - (0) Immediately, before the procedure is begun, the procedure area shall be wiped down with an EP A registered germicide or disinfectant or a solution of two (2) tablespoons of bleach in one (1) quart of water and the procedure area covered with an uncontaminated paper towel or tray cover. All instruments and supplies needed for the procedure shall then be arranged on the paper. (P) Before application of pennanent cosmetics, where feasible, the immediate and surrounding area of the skin where the cosmetics are to be applied shall be washed with an antimicrobial soap and water or an EP A-approved antiseptic solution applied with a clean single-use paper presua! wipe. If shaving is necessary, a new single-use disposable razors or safety rears ~l;itli Magle serviee blades shall be used and discarded after each use &Bd the reu_Ie lialser shall be sterilized ia 8ft aataela...e after eaeli use. Following . shaving, the skin and surrounding area shall be washed with an antimicrobial soap and water or an EP A-approved antiseptic solution applied with a clean single-use paper pr-os\:Iet wipe. (q) All disposable items such as cotton balls, Q-tips, tissue, water cups, new or used that have come into contact with the proceduretablelchair, or work area shall be discarded into a closed container lined with a plastic bag and removed at the end of the day. (r) After the procedure a thin coat of antibiotic cream or sterile petroleum jelly may be applied using a fresh Q-tip,cotton ball or sterile applicator. (s) Upon completion of the procedure, aftercare instructions shall be reviewed. Aftercare shall consist of both verbal and written instructions concerning proper care of the skin. The instructions shall specify: (1) Responsibilities and care following a pennanent cosmetic procedure. (2) Possible side effects. (3) Restrictions. (4) Signs and symptoms of infection. (5) Instructions to call a physician if infection occurs. XXI. Body Piercing (a) Before beginning any body piercing procedure, the body piercer shall discuss the risks and responsibilities required in the particular piercing with the client. The client shall fill out and sign a client information form and the consent form for body piercing. One copy of each form shall be retained by the facility and the other copy shall be given to the client. The body piercer must also explain aftercare instructions and have the client initial box on the consent form to indicate that he or she has received written aftercare instructions. (b) The body piercer shall not smoke,. eat or drink at the work station or cleaning room during or between procedures. The client may consume a pre-packaged beverage or candy. 18 -- Proposed Model Program September 3D, 1998 J (c) The body piercer shall thoroughly wash hands and forearms with soap and wann water before and after serving each client, to prevent cross contamination and/or transmission of body fluids, infection or exposure to service related chemicals or wastes. Following thorough washing, the hands shall be dried using clean, single use paper towels. (d) The body piercer shall wear new clean disposable examination gloves for every client during the procedure. If a glove is pierced, tom or contaminated by coming into contact with any other person or non-clean surface, both gloves must be properly removed and discarded. Gloves shall be discarded after the completion of each procedure on an individual client, and hands shall be washed prior to donning a new pair of disposable examination gloves. Under no circumstances shall a single pair of gloves be used on more tQan one person. The use of disposable, examination . gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program. (e) The body piercer shall use freshly laundered linens or new disposable dental bibs or drapes for each client. All drapes, dental bibs, and linens shall be stored in a closed cabinet or container. Used disposable items shall be placed into a closed container that is lined with a plastic bag for disposal at the end of the day. Used linens shall be placed into a laundry hamper lined with a plastic bag. (f) All body piercing needles shall be single use, sterilized disposable piercing needles slightly larger or of the same gauge as the jewelry or ornaments to be inserted, and disposed of immediately after use in a sharps container. (g) All instruments, as. defined in Section 2, shall be properly cleaned and sterilized in bags with color indicator strips. Each bag shall be dated and initialed by the person preparing the instruments. (h) All forceps, hemostats, tubes, etc. shall be properly cleaned and sterilized in individual bags using a Department approved sterilizer. (i) All non-sterilizable implements such as calipers shall be nonporous and disinfected after each use with an appropriate disinfeCtant. (j) Only pre-sterilized jewelry or ornaments in new or good condition shall be used for piercing. Ear studs or other jewelry designed for ears shall not be used in other parts of the body. (k) Only jewelry made ofimplant grade, ASTM F138 and ISO 5832-1 implant grade stainless steel, solid 14K through 24K gold, niobium, titanium, platinum or other materials approYe6 by the LEA found in the future to be equally bio-compatible. shall be used in newly pierced skin. (1) Immediately, before the procedure is begun, the procedure area shall be wiped down with an EP A registered germicide or disinfectant or a solution of two (2) tablespoons of bleach in one (1) quart of water and the procedure area covered with an uncontaminated paper towel or tray cover. All instruments and supplies needed for the procedure shall then be arranged on the paper. 19 ~._....~_.,--_. Propo~d Model Program September 30, 1998 . (m) Before piercing, the immediate and surrounding area of the skin which is to be pierced shall be washed with an EP A-approved antiseptic solution applied with a clean, single-use paper product. If shaving is necessary, single-use, disposable razors, or safety razors with single-service blades shall be used and discarded after each use and the reusable holder shall be sterilized in an autoclave after each use. Following shaving, the skin and surrounding area shall be washed with an EP A-approved antiseptic solution applied with a clean single-use paper product. (n) Upon completion of the piercing, the body piercer shall review verbal and printed instructions to the client on the care of the body opening created by the piercing to minimize the likelihood of infection. Aftercare instructions shall specify: (1) Care specific to the site of the piercing. < (2) Infonnation regarding tightness to prevent accidental ingestion or imbedding of certain jewelry if appropriate. (3) Restrictions. (4) Signs and symptoms of infection. (5) Instructions to consult a physician if infection ocCurs. XXII. Enforcement and Violations (a) Impoundment of Equipment, Instruments, Pigments. (1) Any ready-to-use dye, ink, instrument, implement or found to be, or suspected of being toxic, unsanitary or contaminated, shall be . impounded or discarded (2) Such impounded materials shall have an impound notice attached that can be removed only by the Enforcement Officer. (3) No dyes, inks, instrument, implement or equipment shall be used unless the impoundment has been released (4) Within thirty (30) days, the Department shall commence proceedings to release the impounded materials or to seek administrative or legal remedy for its disposition. (b) Violation Of Article; Punishment Any person who violates a1V' provision of these standards is guilty of a misdemeanor, Each offense shall be punished by a fine or by imprisonment in the county jail for a term not to exceed six months, or by both fine and imprisonment. (c) Violations By Employees; Separate Offense (J) The owner, manager, or operator of any tattoo, permanent cosmetic, or body piercing shop is responsible for any violation by an employee of any provision of these standards. (2) Each day the violation occurs shall be a separate and distinct offense. (d) Violations In Shared Shops 20 Proposed Model Program September 30, 1998 , A violation of"1U' provision of these standards relating to establishments held in common or shared by more than one tattoo, permanent cosmetic, or body piercing shop shall be deemed in violation for which the owner, manager, or operator of each shop is responsible. xxm. Permit Suspension, Revocation, Reinstatement (a) Notice To Comply (1) Whenever the Enforcement Officer finds that a tattoo, Permanent cosmetics or body piercing shop is not in compliance with the requirements of these standards, a written notice to comply shall be issued tQ" the permit holder and/or registrant. . (2) If there is a failure to comply, the Enforcement Officer shall issue to the permit holder and/or the registrant, a notice ofviolations and inform himlher of the right to a hearing. (3) A written request for a hearing shall be made by the permit holder or registrant within fifteen (15) calendar days after receipt of the notice. A failure to request a hearing within fifteen (15) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at "1U' reasonable time within this fifteen day period. (b) Hearing The hearing shall be held within 15 calendar days of the receipt of a request for a hearing, Upon written request of the permit holder, the hearing officer, desisrnated bv the local Health Officer or Director or Environmental Health. may postpone "1U' hearing date. (c) Duration (1) Any permit may be suspended or revoked by ~he Enforcement Officer for a violation of these standards. (2) Any tattoo, permanent cosmetic, or body piercing shop for which the permit has been suspended shall close and remain closed until the permit has been reinstated by the Department, (3) Any person whose registration has been suspended or revoked shall refrain from performing "1U' tattoo, permanent cosmetic, or body piercing services until their registration has been reinstated or reissued by the Department. (4) Any shop for which the permit has been revoked shall close and remain closed until a new permit has been issued (d) Temporary Suspension as a Result of Imminent Public Health Threat (1) Imminent danger to the public health and safety means any condition, based upon inspection findings or other evidence, that can cause infection, disease transmission, or hazardous conditions, including but not limited to. improper sterilization procedures, 21 ~ , , , r September 30, 1998 Proposed Model Program cross contamination of inks, dyes, instruments and implements with blood or body fluids, or improper sanitation that can cause disease transmission. (2) If ll19' imminent threat to the public health or safety is found, unless the threat is immediately con'ected, the Enforcement Officer may temporarily suspend the permit and order the tattoo, permanent cosmetics or body piercing shop immediately closed (3) Whenever a permit or registration is suspended as a result of an imminent danger to the public health or safety, the Enforcement Officer shall issue to the permit holder or registrant, a notice settingfortl; the acts or omissions with which the person is . charged, specifying the pertinent standard section. and informing the permit holder of the right to a hearing, (4) At ll19' time within 15 calendar days after the service of a notice pursuant to subdivision (B). the permit holder or registrant may request in writing a hearing before hearing officer to show cause why the suspension is not warranted The hearing shall be held within 15 calendar days of receipt of the request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to a hearing. XXIV. CalIOSHA Where tattooing, application of permanent cosmetics, or body piercing involves an employer-employee relationship, the caVOSHA Bloodbome Pathogens Standard, General Industry Safety Orders, Section 5193, Title 8, California Code of Regulations may apply. Nothing in these standards is intended to conflict with or preclude the application of or compliance with that standard. XXV. Severability In the event any particular clause or section of these standards should be declared invalid or unconstitutional by any court of competent jurisdiction, the remaining portions shall remain in full force and effect. Toward that end, the provisions of these standards are declared to be severable. 22 ------_._-~.- Attachment 7 "(EO <-{' Tried and True Tattoo [';"1"\./0';'_[ C. .r: 1/ElJ .-.[ I J ;.,. "'-'''''' y - ~-'I /,-\f1r(u (1 r- 1037 E Grand Ave, Arroyo Grande, CA, 93420 , 04 APR 21 PM 3: 40 (805) 481-9400 Gary Ellsworth 937 59th St, Grover Beach, CA, 93433 (805) 489-1571, (805) 801-4956 Arroyo Grande City Council Members Re: Presentation Material for the upcoming City Council Meeting / Public Hearing concerning Tried and True Tattoo, 1037 E Grande Ave, on April 27, 2004, Dear Council Members, Enclosed you will find several sources of support that I have gathered in favor of approving my proposed tattoo studio. Among these are letters of recommendation from several Law Enforcement Officers, teachers, professionals, family members and friends. I encourage you to call and verify any and all of these personal references. Also enclosed is a petition presented to me by friends that took it upon themselves to collect signatures from community members, numbering close to 200 signatures, which are in support of a tattoo studio in Arroyo Grande. This petition was circulated from April 10, to April 21, 2004, You will also f1i1d several copies of a form letter, again circulated by friends that felt a need to show their support. I have also enclosed copies of reports that I was able to find on-line regarding health issues, sterilization, cross contamination and the popularization of tattooing. Many of these reports cite facts and reports as listed by the Center for Disease Control (CD C), the Federal Governments highest agency concerning these issues. In addition to the information presented here, I will also be presenting samples of the products used in the sterilization process as well as actual tattooing equipment. As always feel free to contact me regarding any information enclosed, or related to this issue, Gary Ellsworth (805)489-1571 (805)801-4956 \ trried, GIIId, tr".,., tr.......... "..."" ~I, the undersigned attest to the following terms and conditions concerning the tattooing process, and my tattoo in particular ~I am at least 18 years of age, and have provided valid ill to prove so. ~I am not under the influence of any drugs, or alcohol whatsoever. I have informed my tattoo artist of any and all medications that I am currently taking. (please list any medications below.) ~I have informed my tattoo artist of any allergies or conditions that I have that may have an effect on the tattooing process, or healing of my tattoo. These conditions may be physical, emotional or mental and may include, but are not limited to: high blood pressure, dizziness, fainting, seizures, anemia, pregnancy or allergy to latex. (Please list any conditions below.) 'X:::I have previewed and proofed all artwork and I am completely satisfied and confident that my vision and the vision of the tattoo artist are one in the same. I approve of the design itself, its size, placement, orientation and coloring. ~ I understand that tattooing is a PERMANENT process and I am supremely confident in my decision to have a permanent design applied to my skin. ~I have been explained to my satisfaction the entire tattooing process, including application, sterilization and healing, and have had all questions answered in full by my tattoo artist. ~I agree not to sue any employee, agent, owner or affiliate of Tried and True Tattoo in connection with any damages, claims, demands, rights or causes of action of any kind or nature, based upon injuries or property damages to, death of myself or any other person arising from my decision to receive a tattoo or related work done at this time or any other time whether caused by any negligence of any employee, agent, owner or affiliate of Tried and True Tattoo. I agree for myself, heirs, assigns and legal representatives to hold Tried and True Tattoo harmless from all damages, actions, causes of actions, claims, judgment, cost of litigation, attorneys fees, and any and all other cost or expense which might arise from my decision to get a tattoo at this time. ~ am of sound mind, body and emotional state, and release Tried and True Tattoo, its employees, agents, owners or affiliates from any responsibility related to my tattoo after I have left the premises. I have received and understand all points and instructions indicated in the ''tattoo aftercare instructions" and will follow them precisely, and I have been explained and understand possible infections, conditions and damage that may occur if! fail to adhere to the aftercare instructions. ~ \D Conditions: \:Z-- ~ Allergies: ONE- Medication: ~a10E- I have thoroughly read all of the terms and conditions listed above and understand them completely. Sign~\~ print~ E\..-ihNOi2>1:~ date--1:J~QL Phone tV6\. \ S 1 \ E-mail c::;A\.N'ovb, _ \ ~~@. Y A.\"I:JO . <., () ^"'" Address 0,1" 6. Ot-r.B. ~- City 6HZDJ~'2. ~Gkl State cA Zip O\*~ - Artist .~.. Artist use only LocationQ~l)~\~rlM Design !,.O\u So Total Price 2-00- Deposit kP - Balance l40- ID: State [A:::.... Number J>-...'2.t--~7.Y6D'b Exp Date ~ 09. - 1T'rIed, GIld, IT"... tr.... 91e1ea.e (Tor,.., _I, the undersigned attest to the following terms and conditions concerning the tattooing process, and my tattoo in particular _I am at least 18 years of age, and have provided valid ill to prove so. _I am not under the influence of any drugs, or alcohol whatsoever. 1 have informed my tattoo artist of any and all medications that 1 am currently taking. (Please list any medications below.) _I have informed my tattoo artist of any allergies or conditions that 1 have that may have an effect on the tattooing process, or healing of my tattoo. These conditions may be physical, emotional or mental and may include, but are not limited to: high blood pressure, dizziness, fainting, seizures, anemia, pregnancy or allergy to latex. (Please list any conditions below.) _I have previewed and proofed all artwork and I am completely satisfied and confident that my vision and the vision of the tattoo artist are one in the same. 1 approve of the design itself, its size, placement, orientation and coloring. _I understand that tattooing is a PERMANENT process and 1 am supremely confident in my decision to have a permanent design applied to my skin, _I have been explained to my satisfaction the entire tattooing process, including application, sterilization and healing, and have had all questions answered in full by my tattoo artist. _I agree not to sue any employee, agent, owner or affiliate of Tried and True Tattoo in connection with any damages, claims, demands, rights or causes of action of any kind or nature, based upon injuries or property damages to, death of myself or any other person arising from my decision to receive a tattoo or related work done at this time or any other time whether caused by any negligence of any employee, agent, owner or affiliate of Tried and True Tattoo. 1 agree for myself, heirs, assigns and legal representatives to hold Tried and True Tattoo harmless from all damages, actions, causes of actions, claims, judgment, cost of litigation, attorneys fees, and any and all other cost or expense which might arise from my decision to get a tattoo at this time. _I am of sound mind, body and emotional state, and release Tried and True Tattoo, its employees, agents, owners or affiliates from any responsibility related to my tattoo after 1 have left the premises. 1 have received and understand all points and instructions indicated in the "tattoo aftercare instructions" and will follow them precisely, and 1 have been explained and understand possible infections, conditions and damage that may occur if 1 fail to adhere to the aftercare instructions. Conditions: Allergies: Medication: I have thoroughly read all of the tenns and conditions listed above and understand them completely. Signed print date / / --- Phone E-mail Address City State Zip - Artist use only Artist Design Location Total Price Deposit Balance ID: State Number Exp Date Date: Wed, 7 Apr 2004 01:58:19-0700 (PDT) From: "Gary Ellsworth" <sawdusUnk@yahoo.com> !:1Add to AddfeSsBook Subject: Gary Ellsworth, Tried and True. Tattoo To: tferrar@arroyogrande.org, slubin@arroyogrande.org,lrunels@arroyogrande .org, jdickens@c2on.net, jcostello@arroyogrande,org Dear Council Members; I would like to once again extend an open invitation to each of you to personally meet myself, and visit my shop. I would like to be able to meet each of you before the City Council meeting on April 27. I hope that you will accept my offer as a chance to see first hand the level of business that I am accustomed to operating, and the cleanliness standards that I am dedicated to. I hope that you will also use this as an oportunity for you to gauge the business person and neighbor that I am. I will be out of town until Monday, April 12. As of the 12, please consider my shop as "open house". If you would like to schedule an appointment to meet with me at the shop, feel free to contact me bye-mail, or by phone. My e-mail address is; sawdust ink@vahoo.com My phone numbers are: Shop; 481-9400, home 489-1571, cell 801-4956. Thank you, and I look forward to meeting you all personally. Sincerely, Gary Ellsworth Tried and True Tattoo GREGG A. BROWN, PEACE OFFICER ............................................................................................................................................................................................................................................................................................ 4-8 \ -1t\1 \ April 17, 2004 . Mayor Tony Ferrara 214 E. Branch St. Arroyo Grande, Ca. 93420 Dear Mayor, I am writing this letter to you on behalf of Gary Ellsworth. Gary has been attempting to open a personal business for the last several months but has run into roadblock after roadblock. It is my understanding that Gary has complied with every request the City of Arroyo Grande and the City Council has made in his attempt to open his business. Gary is an intelligent, energetic young man who along with his hard working wife, Larella, will be expecting their first child in early June. I feel the major issue in approving the business license is the business itself, a tattoo parlor. How society views tattoo parlors has changed immensely in the last ten years. Today's young people have adopted a personal tattoo as an element of their generation as we did with our long hair and political demonstrations ofthe 60's, the disco threads of the 70's to the hodgepodge mix and match clothing of Madonna in the 80's. Gary is a creative artist who enjoys working on old hot rods, playing golf and spending time with his wonderful, supportive wife. If there is any type of negative element a tattoo artist would bring to the businesses and images of Arroyo Grande, it would not come through Gary Ellsworth and his tattoo parlor. Mr. Mayor please allow Gary Ellsworth to realize his dream and become a positive contributor to the businesses of the City of Arroyo Grande. Sincerely, G. A. Brown \ . . To: Arroyo Grande City Council Regarding: Tried and True Tattoo I am writing this letter about Tried and True Tattoo, soon to be open in Arroyo Grande, and on behalf of Gary Ellsworth the co-owner. First let me start off by telling you about my family and myself. My name is Chad Biedinger and I have lived on the Central Coast my whole life, 34 years. I am family man, who has been married 12 years and have two children. I have been employed by the Santa Barbara County Sheriffs Department as a Sheriff Deputy for over two years I have known Gary Ellsworth for over twelve years and consider him to be a valued and trusted friend. My wife, two children, both of my parents and my younger brother all feel Gary to be part of our family. Gary was married over a year ago to a wonderful woman whom my family also cares deeply for. Gary and his wife have recently been given the joyous news that they are expecting their first child. Gary is a family man who loves his wife very much. I know and respect his choices in life, and trust him with my children and offering me advice in my personal and business life, I have never seen Gary do a harsh or mean thing to another human being. Gary does not do drugs or engage in any fonn of illegal activity. Gary has worked very hard building his shop in Arroyo Grande. He and his partner researched what was needed to open a tattoo shop. He has spent years learning and honing his skills at being an artist and a tattooist. Gary is the co-owner of Monument Skate Shop in Arroyo Grande. He helped fonn the business over three years ago. He is not new to being his own boss and is wise in his business decisions. He does not jump into "unknown waters" foolishly. He is secure in his knowledge of what is needed to run a business and what safety concerns regarding running a tattoo shop. Tried and True Tattoo will be a valuable business to the community. I have visited the future location of Tried and True Tattoos in Arroyo drande. The first time I saw the shop, it was an empty building with four walls, a restroom, and two entrance/ exits. I watched as he designed and planned the interior of his "dream". I saw the shop in the early stages when the walls had just been painted and he was constructing counters, using his own carpentry skills he used to make Monument Skate Shop. A few weeks ago I was privy to see the finished product and was very impressed. The shop is very clean and nicely decorated. Gary plans on running a very strict tattoo shop. He will not give any minor a tattoo and adheres to the rule no one under eighteen allowed inside the shop. (Not that there would be anything a minor would be offended by.) It is not "den of perversion" or a dirty tattoo parlor of the past decades, as comes to mind when some people hear the word tattoo shop. --~.._-,-,.,._.-".- 4/14/04 To whom it may concern, I am writing this letter on behalf of Gary Ellsworth. Gary is currently trying to open a tattoo parlor in the City Of Arroyo Grande. I have known Gary since 1990 when he worked for a skateboard company in San Luis Obispo. Gary and I have kept in contact over the years and I have witnessed him successfully run and own a successful skateboard business. Gary is an exceptional artist and he has taken up the art of tattooing during the last few years. Gary has worked in other shops and he recently decided to try and open his own tattoo parlor. I know there is a stigma of crime and narcotics use that surrounds tattoo shops. From a law enforcement perspective, I personally feel this stigma is a thing of the past. Having numerous tattoos's myself, I know every tattoo parlor I have been in on the Central Coast has been nothing but clean and professional. I writing this letter on behalf of Gary Ellsworth because of the type of person he is. Gary is honest and hardworking. If afforded the opportunity to open a business in the City Of Arroyo Grande, I know Gary would run a clean & professional tattoo parlor. Gary is very intelligent and he knows how to run & operate a successful business. Gary would not tolerate narcotics use and or crime in and around his business. I hope you help Gary succeed in opening his business and if you have any questions feel free to contact me. Brennan Lux Police Officer Paso Robles Police Department 900 Park St Paso Robles CA 93446 805-238-9936 Home 805-550-9086 Cell 805-227-7448 Voice Mail "- Tattoos are no longer just the art of "biker's and outlaws". Many people you meet, that work white-collar jobs, have tattoos. How do I know, because! have three tattoo's myself. All three were done by Gary over the course of the last fours years. I have watched his work and have always observed him to be very careful and sterile in his work. He would never put his clients or his own safety in harms way. The average person who gets a tattoo now, puts a lot of thought and vision in to the art he or she is having put on their body. The idea of the drunk pirate or "man of the world" stumbling in to get a quick tattoo is a notion of the past. I know and understand the concerns of the City Council of the prospect of a "tattoo parlor" opening in your city. This is not a parlor; it is a studio, which will be run efficiently, properly and strictly in regards to safety and health standards. I believe Gary Ellsworth will be a valuable business member to the community and will visit his shop on the day it opens in Arroyo Grande, and frequently thereafter. I hope this letter helps you to understand some of Gary's background and puts you at ease regarding the clientele who will be associated with Tried and True Tattoos. Sincerely, Chad Biedinger Deputy Sheriff Santa Barbara County 805-937-9802 - 342 South 16th Street Grover Beach, CA 93422 Letter of Recommendation for Gary EJlsworth and Tried and True Tattoo April 13,2004 To the Arroyo Grande City Council Members: Gary EUsworth and I have known each other for over 10 years and we worked together as managers in the retail business for over 4 years. Gary was responsible for the training of new employees, their orientation to customer service. maintenance of the store. ordering, and sales of our stores product. Gary was easy to work with because of his strong integrity and morals. Working with Gary was easy because of his willingness to do the right thing. He has good character, surrounding himself with positive people. He never had a problem with bad influences or the wrong people. He was very well trusted by the store ownership, the employees, and above all, the customer. Gary's customer service was very well defined and our store experienced a large amount of repeat customers because ofbis positive influence and unquestionable character. Working in the Law Enforcement profession over the past 5 years has caused me to be very cautious of whom I do business with. Doing business with Gary EUsworth is something that I feel very comfortable with. As a customer to the Arroyo Grande business community I strongly recommend the Arroyo Grande City Council to allow Gary EUsworth to open his business. He would definitely be an asset to your business community. ~AHi~ Scott McRoberts qd6. 466, b1-b~ . -----~.__.- April 16th, 2004 I Brandon Fields am over the age of 18 and if called to testify would say the following. I am writing this letter as a personal friend of Gary Ellsworth. I have known Gary for over ten years and am happy to call him a good friend. Let me start this letter off by saying I know absolutely nothing about running a tattoo shop much less about giving or receiving a tattoo. What I do know, is that when it comes to business, Gary is very professional, honest and hard working. One might only have to look to the Monument Skateshop which is owned and operated by both Gary Ellsworth and another good friend of mine, Billy Wallace. This well run business, which recently moved to the city of Arroyo Grande, is a prime example of a business that has had a positive impact on the community. As a Deputy Sheriff for the County of San Luis Obispo, I can appreciate the concerns that the citizens and politicians of the city of Arroyo Grande may have. I can attest that Gary is a person who walks the straight and narrow. By this, I mean that Gary is not an alcoholic, drug user, gang member or a menace to society. Gary has always had more of an artistic edge to him than others. Maybe this is what has drawn him to the world of tattooing. Tattooing is a way that Gary can express himself through his art and possibly make a living while doing something that he loves to do. I know that Gary is passionate about opening this new tattoo shop in Arroyo Grande because I've been listening to him talk about it for months now. To deny him the right to open a store based upon fears and stereotypes of what others might have done in the past is not fair. Give Gary Ellsworth a chance. I declare under penalty of perjury that these statements made are true. Sincerely, Brandon Fields 437 Binscarth Rd. Los Osos, CA 93402 (805) 528-1828 ., April 20, 2004 To Whom It May Concern: I am writing you this letter in support of Gary Ellsworth's recent request to open his business, Tried and True Tattoo. I have known Gary as a close family friend for the past five years. Gary has recently married my best friend and the two of them are now starting a family. Over the years, Gary continues to impress me with his strong system of morals and values in both his personal and professional life and his passion to succeed. Gary is not an alcoholic, has never used drugs, and has always been one to follow the rules. Gary grew up in San Luis Obispo County and I know that he takes great pride in his community and looks forward to raising his family there. Gary is extremely creative and I have had the opportunity to watch him design and build two beautiful skateboard shops. Gary is a talented and tasteful artist and I knew that a tattoo business was Gary's ultimate goal. It is unfortunate that there is such a stigmatism associated with tattoo artists and tattoo parlors. I do not know where the stereotype comes from, but I do believe that it is just that, a stereotype. I have been employed as a deputy sheriff in southern California for nearly two years now. I tend to live my life on the "conservative side", but when Gary told me that he was thinking about starting his own tattoo business I was very excited for him. A negative thought never crossed my mind. I was shocked when Gary told me he was having problems opening Tried and True Tattoo due to the concerns of the city. During my patrol experience, I have had no negative experiences with tattoo parlors in my area. I became curious and spoke with some of my associates in neighboring law enforcement agencies about their thoughts on the profession. I asked if anyone knew of problems associated with these businesses. None of my law enforcement associates could - think of a negative experience with a tattoo shop or with the people associated with them. In fact, many of my partners have tattoos themselves and, ironically, were more interested in information about Gary's future business. I understand the city's needs to safeguard their citizens; however I believe the city can be at ease. Tattoos in this day and age are merely an artistic form of self expression. Tattoos are not confined to the drunken sailor, biker gang, or other riff raff. Today's tattoo shops are safe professional businesses with respectable clientele. Tattoos nowadays are everywhere from white collar to college campuses. In fact it is rare to find people without tattoos. Please do not deny Gary the opportunity to be successful. Please allow the opening of Tried and True Tattoo. I am certain you will not be disappointed. Sincerely, J'aime O'Toole 506 Redwood Ave Ventura, CA 93003 805-698-4168 4 ~ ... Mayor Tony Ferrara, I am writing you this in support of Gary Ellsworth's application to open a thriving new business in the city of Arroyo Grande. Gary has demonstrated a strong, dedicated contribution to the San Luis Obispo business community for past 12 years. One such example is Monument Skateboard Shop where Gary is co-owner. The Monument Skateboard Shop has been open for business in Arroyo Grande for 1 year now and 2 1/2 years in Grover Beach before that. Monument is a continually growing business that has a strong, loyal customer base. By opening this tattoo shop, which I believe would be the first and only official tattoo shop in Arroyo Grande, Gary stands to create an increased volume of SLO county citizens coming to Arroyo Grande to spend their money in your community; whether at the tattoo shop, filling up their gas tanks, or stopping at McDonalds for lunch. Opening this tattoo shop is a win-win situation for everyone. The Arroyo Grande community needs people like Gary to continue to have the passion and drive to open new business's, contribute to the financial success of the city, and become a solid advocates of the business community. The tattoo shop will be a clean, professional place of business. I know Gary will create a warm atmosphere where customers will feel welcome and safe. Strict guidelines regarding safety and health will be the primary focus of this business. I am confident that every precaution for health and safety will be followed in everyday operations. I want to give you a little background on Gary. Gary is my younger brother. Our family has lived in SLO County since 1976. We've lived in almost every city from Arroyo Grande to Heritage Ranch. We were raised in a two parent household where strong morals and values were instilled in us. As we grew up and became adults we've fostered those ideals and attributes in performing at our utmost best at whatever was presented before us. Gary and I are both very successful at what we each do. I work at the Microsoft Corporation with only a high school diploma from Atascadero High. Only by hard work and dedication have I accomplished a very successful career path. Gary has also done incredible things with his artistic background and excellent customer service skills. In the early 90's Gary was recruited by a large corporation to spearhead and open a skateboard shop in Santa Barbara. Gary built that store from the ground up and paved the way for success for that corporation. To this day that business is still a flourishing community contributor. Gary currently has one business that is very successful in the 3 years it's been open. I'd like to see Gary given the opportunity to excel at this new business. I know that Gary will succeed with this new tattoo shop. Gary has chosen Arroyo Grande to be the pinnacle of his future. Let's embrace that passion. Let's support Gary's vision. Gary is doing the American dream. Gary is a business man. Gary is trying to make a living in a business that shows great promise and financial security for him and his family. I cannot fathom a reason why any city or government council would want to stand in the way of such a common American dream. I fully support Gary's ambition and dedication to his dream. In my absence of attending a city meeting, I vote in approval of Gary's application for a business license. Thanks, Mitch Ellsworth Lab Systems Manager Windows Client Division 425-705-7101 office 425-765-8909 cell -- ..---..---.--.-.- April 20, 2004 To Whom It May Concern: I have known Gary Ellsworth for seven years and in that time I have seen him become a responsible business man, a talented craftsman and a soon to be father. As a father to a newborn myself, I know that this is the most important job any man can have, I also know that Gary and I want the best for our children. We wouldn't accept any less. This is why I am confident that Gary Ellsworth would be a positive addition to the city of Arroyo Grande's business world, Gary takes pride in all that he does. He realizes the importance of a job well done and expects the same of all around him. His tattoo shop would be no different. He brings with him a strong work ethic, a responsible attitude and respect for other businesses in the city. As an employee for the Department of Corrections and an active member of the Air National Guard I, know the importance of respect and responsibility, These are the building blocks of any relationship, whether it be personal or professional. I know that Gary will bring both of these elements to his business. I am confident that this shop will be a positive contribution to the city of Arroyo Grande. If you have any questions, feel free to contact me at 714-8703. Sincerely, William Reynolds April 20,2004 To Whom It May Concern: Three years ago my son and I visited Monument Skate Shop. We were looking for a skateboard and some other necessities that a five year old boy needs when learning how to ride, Gary Ellsworth was the owner of this shop and I was quite impressed at his knowledge of his merchandise and his dedication to his customers, He was very patient with this nervOus mom and her excited son. He made sure we had the right board, proper safety equipment and the information we needed to have a safe adventure, Since that day, we have been customers of this trendy shop, having recommended it to several friends, not only for the clothes and other important items, but for the quality of the salesmanship always shown by Gary and all of his employees, I am confident that Gary will continue the same degree of professionalism in his newest endeavor. His tattoo shop will be of the highest caliber, a place that will aide by strict standards of hygiene and safety. I am sure that the presence of this shop will bring color and diversity to the city of Arroyo Grande, I have known Gary for three years and in that time he has proven to be a responsible and hard working individual. I trust that his business will be one that the city can be proud of supporting. I write this letter as a teacher and as a mother. I know that Gary will take the responsibility of this business to heart, I trust that it will always be handled with integrity and respect. I firmly believe that this business and its owner will positively contribute to the welfare and commerce of the city of Arroyo Grande, If you have any questions, please feel free to contact me at 922-3435, Respectfully Casey Reynolds - ----...--- To whom it may concern, My name is Bart Rose and I'm a recent graduate of Cal Poly with a degree in Microbiology. I'm currently working as a research scientist at Isis Pharmaceuticals in Carlsbad, CA and plan on attending medical school in the fall. It has come to my attention that Mr. Ellsworth's application for Tried and True Tattoo has been delayed, pending review by the Mayor and/or city council. I am writing in hopes to convince the readers of this letter that not only is Tried and True Tattoo an excellent addition to the city of Arroyo Grande, but that it is a necessary one. The stigma associated with tattoos and those who proudly display them, has been changing as of late. Today's recipients of "Ink" are not just the bikers and sailors of yore, but business men and women, students, grandmothers, and anyone seeking personal body beautification. Everyone in this diverse grouping has one thing in common, they appreciate art. Yes, J consider tattooing art, and tattooists are most certainly artists. In fact, they have to be great artists, because unlike other traditional media they can't erase any mistake. I believe that Mr. Ellsworth will bring a degree of professionalism and artistic ability to the area that the people of Arroyo Grande will love and appreciate. His level of care and hygiene is unsurpassed. When he decorated my calf, I was immensely impressed with his knowledge of anatomy and sanitation. At no point was I worried about my health. I hope that the readers of this letter will take what I have written to heart and approve Tried and True Tattoo to become a member of the wonderful Arroyo Grande community. I consider Mr. Ellsworth a personal friend and a fellow art lover. I look forward to visiting his shop whenever I'm in the area and improving my body. Thank you for your attention. Sincerely, Bart Rose 805-234-7797 Dear Council Members, I am writing on behalf of Gary Ellsworth of Tried and True Tattoo. Gary is a great example of a young business man and you town is fortunate to have in your area. I think that by allowing Gary to operate his business in your town will be a great way to attract outside business to the Arroyo Grande area. I am from the central valley and Gary is well known for his artistic abilities amongst all of my friends. His business would be a great way to up the foot traffic moving thorough you city. Thanks you for your time, Matt Graham 559-804-9371 April 21, 2004 Page 1 Arroyo Grande City Council Attn: Mayor Femra 214 E. Branch St., Arroyo Grande CA 93420 Wednesday, April 21, 2004 RE: Tried and Troe Tattoo Parlor Arroyo Grande City Council Dear Arroyo Grande City Council: This letter is to state for the record that I have personally known Gary Ellsworth for nearly 20 years and would trust him with the life of anything I hold close to my heart. Gary is the most responsible person I know. He bas goals beyond his years and talent that borders on genius. Gary has bad to choose between his two passions, skateboarding or tattoos.. In the past Gary could mix art and skateboarding by creating boards, stickers, and clothes. Tattoos were always just a passion. Gary has decided to take that chance, that leap that so many Americans wish they bad the courage to do. He decided to GO FOR IT. Gary decided that he loves one art form more than the adler. The problem is Gary probably never imagined that things were going to be this hard to just go to work and make a living. I personally walked Grand Ave. between Halcyon and Elm to answer a simple question that bad been bothering me. Why was everyone worned so much a cute little tattoo shop with some beautiful artwork hanging on the walls when we have such a huge vacancy problem along that stretch of Orand Avenue? Most of these vacancies were within 300 feet of the tattoo studio location. I hope you would encourage and embrace new business and enterprise. The actual location that Tried and Troe is in has been one of those difficult locations that doesn't seem to be able to keep any type of business for more than a couple of months. Tattoo shops are such a specialty market that would hardly be noticed by anyone not actively seeking them out I see no way that a tattoo shop would bring any incon~e or harm to anyone. The old stigma of ex-cons, dnmken sailors and outlaw bikers is severely antiquated. Today tattoos are very trendy, mainstream and fashionable. Everyone from movie stars, to politicians and white-collar professionals have discovered the oldest living art form on the planet. Tattooing has been discovered as far back as 4500 BC among ancient Egyptians, and even among disciples of Jesus Christ during his lifetime signified their association with a tattoo of the ''fish'' symbol. Tattooing is present in nearly every town in America, and among every walk of life. Modem day studios are more akin to medical clinics than the back alley dives of yesteryear. Mr. Ellsworth is dedicated to providing IDS community with the highest quality service and the cleanest environment for him to work in. I can see no reason to deny him his dream based on misconceptions and the fact that not everyone likes tattoos. Cordially, ~~OM/ W Shawn Gill Future Politician, Thanks To Eye Opening Events. cc: Tried and Troe Tattoo Pulitzer Publishing New Times - To: Arroyo Grande Planning Commission, City Council Re: Tried And True Tattoo I live in the residence located behind 1037 E Grand Ave, and am writing this letter on behalf of Tried and True Tattoo. Since Gary Ellsworth and company moved into this unit I have not witnessed any occurrences that might be considered negative. On the contrary, they have been very polite to their neighbors and conscientious about their surroundings. Throughout their remodeling they have kept the area clean and orderly, and seemed to always keep the noise to a minimum, and worked in courteous time frames. I have lived in this location for several years and have never known parking to be an issue, and I don't feel that a tattoo shop will create a problem, any more so than any other type of business. I have no objections to letting Tried and True Tattoo open their business here. In fact they are the type of considerate and helpful neighbors that you hope to get. Thank you, ~h/~ 103/ 6./'-4 '1 0( /'Jv<-e --.---... Arroyo Grande City Council and Planning Commission To whom it may concern; I operate the Television repair shop located at 1039 E Grand Ave directly next door to Tried and True Tattoo. I regret that I cannot attend the meeting personally, and am writing this letter in my place, in support of Tried and True Tattoo. I have found the tattoo shop to be good neighbors. They have helped clean up the area and have improved the look of the building, which has already helped my business. There always seems to be plenty of parking and I don't see how this could become a problem. Since they moved in they have been quiet and respectful. I hope you will allow them to open their business soon, as I feel they will help bring more business to my area. Sincerely, L Ai-/'-). ~\D\O v l1X-O ~~t (L -41~.L\C6'63 4- /2-1 / d\- City of Arroyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to inform you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners tIying to keep their business doUars local. The opening of a tattoo shop at 1037 E. Grand A vc. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. ~ Name: atoLt4& t5,uJ2.M/;i;J1T;;r Phone (~tP) Y7'{- '17 <iJo Address: W3D r; El fr7 sT Rent / Own: ~ Employer: J?~i6bt-ul eJk Business Owner: Yes No / Name and Location of Business: -t1!-1ID+ City of Arroyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to infonn you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the commtmity and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening of a tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism oftbe Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. S~1 - r& -" ~/fA ~ ~ '.J Name: ~ P'l:3"~&()N Phone(tlOf. '7oy- & 74S 1(0 f?tuI PI Address: CA /}'O,/() (3aM4 13Y2D Rent/~ Employer: 3~F Business Owner: Yes V No Name and ~ono:Jusinr: ~1V~ - 0 - Je4MA o;~~e::;/ ~/b I (9&/ s: S'1e ~~PJ Ut {r 0 bl Spc; err '-/c2!i C/ L/ If I " / City of AIToyo Grande CIO Tried and True Tattoo 1037 E. Grand Ave. AIToyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to infonn you and your office that I am over the age of 18, and 1 am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening of a tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism of the AIToyo Grande Village or the future plans the city has for AIToyo Grande along Grand Avenue. Sincerely, '. ,'7 / ;~~~4~>/ X ,..~ ~~;:;:?,' -----...-.. <' . ,$~" ~ ?-&:;t"~ ~ -"'- ~--" .::". v_.", / ';7,' Name ~IU?}" >44.~...<.o/ 3w-~ c y' Phone ( ) -------=- - A 3'0 Address: r/.A: g (5):JR ////,=- ~/ ~. ~ ; . /€KZyo ';'-~~t.."€ Rent I Own: 4vz! Employer: (),? ~~'c~0'/c::/EC/ Business Owner: Yes No X / Name and Location of Business: y ~f) cy City of Arroyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to infonn you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening ofa tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. SAr; " ~k1K X. A\U~ Name: Jte (1..-+1A ~ K ~ KhR Phone~~M1-~S Address: CD 1lo N \J-ih s+ ;::\ta6 0,(U)~ ~Cl1 (d" cta433 Rent / Own: ---f\t 1) + Cltiv I -I- g~StJvr~){.L I kGL4~ Employer: D<'_ ~ ~ Business Owner: Yes NOA- Name and Location of Business: ~" l ..,".. -J I~LIU'{ City of Arroyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to inform you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening of a tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. Sincerely, .-.'"7 ,p'-". - ,.- ..-" ,x~~ Name: ",< mt"C<- , "- - Phone ( -r:::::-- Address: 20 ~ ,(-=3/7 /2tJ ~ -, Rent It...-wn;/ Employer: 1. I \ Business Owner: Yes No ~. J}Z~ (")" /1 Name and Location of Business: J j l::,. flY) ...., '! . .. 4/\vl; City of AIToyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. AIToyo Grande, CA 93420 Dear Mayor FeITara, This letter is to infonn you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening of a tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for AIToyo Grande along Grand Avenue. Sincerely, '/ X ..,> ....,,,i ~ Name: \;.k. f\....\l\.\~tll ).,1-- ) Phone ('f' i" ) .2l.L ~ ii_ ", \ Address: \ I-I'; ( 'LC; ~ t"J. ;::;\. ()I_~,"J'. '. Rent~ Employer: i'r\ r ( r.; f .t-,j-;:..II~I-; r..._ Business Owner: Yes No ,'x Name and Location of Business: L\ ;\q/(~ City of Arroyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to inform you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening of a tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. Sincerely, , x~j\\CWJ(V&U-J Name: ~\\CliD(\ LJI \ \ Phone (fLB':IT..:L .. \ LA \ Address: 1L4~")\ 2D-\\r1~. o Ltar'O Rent! B hCKhC"OWrle( Employer: Fr((,\ y~X\ee,. Business Owner: Yes No~_ Name and Location of Business: in d (, e C'f\1tAt \~ L->Or K... . . -to (.. V C~n u tJ') \?J I'J dlC S S OV.)I1.tt'S ) Lta I k) . ." I-I / \q/ uL\ City of Arroyo Grande CIO Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to infonn you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening ofa tattoo shop at 1031 E. Grand Ave. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. Sincerely, , ~. \ X --+....---.-.-------"" Name: \ c I~.." I ) Phone ({ Address: Rent I Own: J;'i Employer: r( Business Owner: Yes No - --------.-... . -! ' /H/';~ City of Arroyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to inform you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. 1 support young business owners trying to keep their business dollars local. The opening of a tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. ~/lIlll Sincerely, ! X J): IvLL~ I 1 t '}' L r~ . C c. l:/'L>/ l ~JLtr"C-- .... -'L,."' Name: C.\( \~Y\-l .) \ ~_~'^1^1 \rJ \\0 Phone ('6\1)) 'l-\~GI _ '1,,\(,\1- Address: ~)} 1 \ tAL ")i~ f\t:.~ ~ Own: '( u/\,\ Employer: Ll(U,- r{\~( \(. - Business Owner: Yes_ NO~ Name and Location of Business: T) \ (A.. \ ) \ c l' 0\ \ lJ}Gt) L \ /\~ /D\.\ City of Arroyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor Ferrara, This letter is to inform you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part oftown that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening of a tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. Sincerely, ~o Name: f1" ( · F\j..~A ( (1 ,- ~I Phone (BQS;) ~ - I~Y(r Address: ?;y'\Lj t)l ..iV\ g ~ Rent / Own: C(~i." Employer: J..-t- i b ft) fAi ~({ Business Owner: Yes x: No Name and Location of Business: .;1:..-t '<::> f.(\ -Hv ~4fl 3l1-{ 13(/( iV\.St- )J'{)iJI..A.(). (Pt 4/tJ 1M City of Arroyo Grande C/O Tried and True Tattoo 1037 E. Grand Ave. Arroyo Grande, CA 93420 Dear Mayor FetT3I'8, This letter is to inform you and your office that I am over the age of 18, and I am in support of the opening of Tried and True Tattoo Parlor. The tattoo parlor will be an asset to the community and encourage local arts in the area. The area in question is an older part of town that is in great need of new business. I support young business owners trying to keep their business dollars local. The opening of a tattoo shop at 1037 E. Grand Ave. is not going to interfere with the tourism of the Arroyo Grande Village or the future plans the city has for Arroyo Grande along Grand Avenue. Sincerely, X Name: ~(p ~ t(#U1 Phone ( tP S; ~~1 - 0-"-1..[ Address: "71n1 PMI/6l-fK 41"- Rente Employer: Business Owner: Yes ~ No Name and Location of Business: --.-. .. , Petition in support of Tried and True Tattoo We the undersigned would like to voice our support of a tattoo studio in Arroyo Grande by the name of Tried and True Tattoo. We feel that a tattoo studio would be a great addition to the community of Arroyo Grande. Given the mainstream acceptance of tattoos, and the professionalism of Gary Ellsworth we also feel that this is the ideal time and person to open a studio. We ask that you give Tried and True Tattoo your approval, and grant them the business license that they deserve. Thank you. Name (printed) Name (signed) Address Phone Age 1 ~cl-J ;:JA/~- .-- J ~/ A. LH r,I/ 4.b~h.trAuJ.A4. J/A'i..I:J:'1,~ .~3 2'" ~I ,.. \ fJl_ _. ~ 'e~ /i)fI CP..tl}V~ A:<?;. ""M"o~,,1!. 51 3 \ ~\" .1.... L.,.f"at":lt:,\A. ~.~. 11", IJ _ ,_1( ~.__, 'A.....J~ At!... LI~.q- Iq II. (\~. '/( ..11 ,.'7. .jf .. ---- ...... - .1..-- 4 _:-. I 4 ~'I(tl..It... .... ~A...f U1t ..-...,."... I - ~ fI'H __ U7'f' - /. 2.-"Jrf , elf 51.,-,.~... /lA. · ~1.w4 . Pa~ 7fO-fLltlln "t.I 6 & I.~~ kD.u. l~II~~,'II':"" ".~ 14-6 q "1"" -ffi." :1 7 7 -maIMs W ~~UJeOt'{,..J\ ~ 1\ - -. h' J... -- ^ ...~- H t '^ Atr0140L..... .413.. 2'2. 81 5~ 8 v. \"'r..\.a.La~!"',^ ~ U )'rkL.~,,;4 CC\.\..,-- \"o&.u Jill." 4C\'III.-'":1~1C..\ \\ 9 ... " -/). J I ,. aJ;?' ~ ~ '1~') # )~..-: ,~~~. 1. qKJ- 't~7? I~ 10t~';viNl~f)IO"'JJ,L d ..,"'O_f,.,/..."'...." ~~J()'H..,..r 14 11 ,..~\\CW'\< [~<U\ 4~\ \(,14.,("1 (J.~ li~-I"'rg'! 12:i\ \\ . ~ 16 ~ Db A. \", ^ -. "5c.!) E~l"\C. \l\JaA m 4sr\ ...qlOl. l<'l . 13 ~~~.~ 'f...\\.~e "" \\~\ r~ (' _\, - - ...,.~-~ \<0 14 ;;;5'~ 1, ~ L 1.. _. - r",,"IMbtl' A"'AI<<S. q,/, t; 70/7 /Cf 15 ~/ -r/ -, L ~ -. - ~ -/.IIH ~/-~,.t(1'"7 2..1 16 IHH1'h}J v\i'~ ,.. ~/_ 1(O--sf-r"l 10 '17 '.~tZ-A ~or ':-:!..",'..{:.. ~<- 1('4 -r~LI.LQ7^r:S ~f21-"3h' 1kJ 18M,~t ~rD.~UM l~""''-' ;r:.n ..,.. ,q~ ~H~ I-h, a;" M.... -, \0 - 4t.V ~ 19 ~A-rrt- ( A.-w.' "''- Vt. A "3... - ~ .J...,. 10 ~ l':')-G~ '74 ~ ~ \ T7~ t <:1 20 ~';1:~y, ---. vo. /' r LA ~ I..~L ... , '?\. Ut.wi. ~d1-1...T3~ I~ " II "'-) .- " ~_ r- 1.....___$___ ~_,,-, t.l._ '" .. 21 Jr. T I,. I .n.\oc""'" ... II -cT" . r_ ~ O-~ ..7:::;V ,,\,1 r-.L 22/1..j1J.fL. ~ ~...~ "'J 1/...> ~ /' /Jrr 1Yzg!k.. "...~' 1-(1 ';1/f)"'L1J1/ Y 2~r/'J' "IL~ ''':~'-'I,/ (Je;F.1fnt.' nJ_ ('1 Pc..'(.".'--"-;" 1":yl-"'~~ 'p iJ. t _..1r~ ~ , .\1 ~,~7 JI.:- .'fL..::- ~ .,~ I Auc_ 44~- _oi.' If> 1~5 ~ M'""- Gv--.I\ _ &.-f~' Vti~ L-...c. ~;1;~ (1' 26 :::' ~~, '11-.i-cl- ~ L.-d^ lArk. tY&.^ Qf/1-<3S-f ,~ 27 II(J..~) ~~\.Uv.., ff7~ q~O UirA1:... <;-=F: <UJI-~( (.g 28 ~.J-m \I\. -\to.. ) a. .., ~ ..... l2.r:" .vt ill". 1tJ" vi ~ 0.;'7 Lfl.\ l Z.t:> 29 ,C..oLJ -r.~ t/~ .-H-; Ih f)~t ~,~...' \ t~ d~--'''.~ .3 S- 3Q ,\,...p.., ...- Af'" t 1 I~"'''' \.... A-L A~~~" 'l<L'-...nt..<1' 2 D - , T ~_.- --.- Petition in support of Tried and True Tattoo We the undersigned would like to voice our support of a tattoo studio in A:croyo Grande by the name of Tried and True Tattoo. We feel that a tattoo studio would be a great addition to the community of A:croyo Grande. Given the mainstream acceptance of tattoos, and the professionalism of Gary Ellsworth we also feel that this is the ideal time and person to open a studio. We ask that you give Tried and True Tattoo your approval. and grant them the business license that they deserve. Thank you. Name (printed) Name (signed) Address Phone AI e . 1 ~ ,Jl ~(hJ ~- ~-r?(" t4:...... I J _...L ~. 'J: ..If3f~ ;J.j" I ~ l~lh{{.p\ ) t t!WlIJ !lV'.... .. '-\'ii.\ c.+. P -Ll})'~~ I U tt>>tm/I ~.I\I/, ~,,~.7l. ~ -X:;:;;{r ~.2 I.!:: - ~:J 4 ~i21~L ' (J:J ....~I. ~ L J bOq ~ R.n 4::t. -, ~ Lq 5 ~ l. ~ Q., LI \. r - .oW, 1_ 2."11.... J.. _ ""&- <, j, c,JIf~/7 2." 6 \l '^ ~- \ 'h\J~i"..,q ~......~. H n:,- .,,1'0-'\. ""-... . 1h"",,'r- ~~) ~4} 4(''22- ,('- 7 ~st\ 7P_ ~1 Jf V>t.. ~." _~ /" ~ 'I&.U AJ,td.4b. d..,.., 1p'f-'- .r: I 4t 8 Hi, L.,I.I II .,~> ~ Il~ ZtI'Z VI~ / .I'~ ~Ol- ~~J'S' 2n ~.. {\ /1.- 1 k ... 1; -~ ~ ~ -Li {\.J,. .....-', ~ ( ~'" \LJr" ~ ~ 10 "~t( ~ I,~/~ 2..2--(0 vILl1Att. ^tlr: mC-'-/"7/~2 0'9 I~ 11 J;,j 10. ^ ();;::lJ (h \Jvrl-- l i. '""'~ L' J4 ~ I ~~ '" FrtJrJl/luL Y) J... 'itJt;) rll 0-2 1E'5 1 q 12 \\t\~,l.tt'\N :::~AI"'l\\~ 1- ~ ., ~.., \~,,\=\\~~:~, ?iD'-%~~' 13 ?A IN C,;t1'1//'~/ ~ //.L'_ J&Jlt F l7 -)..L>I -~f{-rrj~ 33 14"'""7:/A?1 /c Nb. 'qTr .\A-. r7zg~ ~ ~.. .\ ^ 13:'~ \ ,q 1s/"-k"01JA/A UtAlo~ gl1.t,~r. ffj/._\'~ JIII~) -2.,{" L ~1ff t;t; hL L.1 - L ~ ., c:;: Il' I ," ( I ~ '2 17 \ai vtkPtJ- I ~Ol A~"""" - - -' 18 r'd\~ ).. ,.., \.2.-"1\ r)G!.u\ ~. '1 19, '1&' 'r 'bJ, ,'-1.12- o../cr S-, 8 rOrHn....! i).~ i.-J7J~ l ( 20 .... adL?/--..A -- l::r~ I".I~ $7:'" -.,- rol"7L..~iJ 21 Sral\.fS -:-r;:.,.AI' CO.:.t1-('ent? j,~I-~L/1 7D9-ot/ID dd-. 22 )! lri Yf '\(...oU .i) fll \Iv 'S./~ ~ \ 1411 t,.. . Y1 st- A )r. -t",?~ \ 8 23 K:dbJ L.M\ttY\' ~.., ~~~. /' l)nl . l: ,Du AA.1i . ~if-JuZ, ,If; 24 I\~\..~V\~ -on \nr.J" \y~- r- \ ~d\~,",,\y:::O; ~)-7.l~-\ ,~ 25 IMl .A _ ~ AJ('J Y"~n~.r /7......... I r\ [)j0AD ...J - <)j 26 MI\ AI/\ I 1M \ II ~ "1f't,..pi VL --, ,r \\<V\ ""' L\ AI., 1) 01 ~ r:')q 0 27 ll1Id rn '<;-I\^ _.-' ,tV) VVt I 41\\' (~...J n-b.ri Fn.-C/ 47H ~lj7tj.z: I q 28 -4\ol... T{.{clcti,} / \\(JO~G JII.'()4 '2.'- t'1-CfC1lX 'LO 291~~v"S (lit IftWV6vP vJ'fj M#-<- ~1 ) 1 jjvD" /;H,~1fJ: }'C:~"""'O~~ "" "2 J 30 [;} J /l/ !PC.% 11CtFe... ~ ~ Sf4,.Dv\ :;.;-::r IQ..,"J-Q71//\ ~ , c~:6 ~ t '. . _._.~.._. -- ----. .---.-..--.-.- .._-.. . Petition in support of Tried and True Tattoo We the undersigned would like to voice oUr support of a tattoo studio in Arroyo Oraode by the name of Tried and True Tattoo. We feel that a tattoo studio would bea great addition to the community of Arroyo Grande. Given the mainstream acceptaDCe of tatIuu:5, and the professionaJi8ll1 of Gary EUsworth we also feel that this is the ideal time and person to open a studio. We ask that you give Tried and True Tattoo your approval, and grant them the business license that they deserve. Thank you. Name . NMIe . . - Address, Phone ~ Aoa 1 f1, /) H-d ,() ~ A"J.A ; A.,d J /(/1 K 7J:J.J", 'r:; '7 ? 9 __ ;.,c~~ ~;. ~ 2 ~ '1~ -;::r A~~ ~4~ HI - ~- ~ I{)/ ~7(!1 J' 3 ll'~Y/,J1'fl. k'rrl1I~ 2 iii I -..;. /7r7JvA, r "1<6-(. 10 J~ i 4 /, J ra""" - A ?.h?.t iAJ//~P1tA- ~ 7 7~- 'if,1; /'. 'i 5 1ft I [I :/A "'" ~~~<: ~~-' ,j1'_,_ t12'i.-1f266 IX- 6 12 ~ jl: -'~.,. n"n ~ ~Q p.f'n.y-\ b,;",,,.p' 'IO-ILf.'u.. \~ 7 .jrA." r /2 '" '" _~ h ,J 2-. '3 P f.,~ C, -t. AT; c. '713 ~ ~ I J i HI 8 ~h"'~ "'It~< /In .., "P.-t i_.L , · U13-~ I~ rtf1 9 f'yl- ... nf/) V'ln....t<Z. (\t" I.~ ~?~ ,. ~+ -,\0""'t5~ \t'{ 10;"N'tu.. K..,Ll'-'-_ ~. , "JUI._ )J 1=11/...1.. _.h>L '1.\ C:h4- ~U.\Q 11 m.~<- <J..;'{'~r~ . T7 J :21 fl'l'~LerL L", [,>29_A974- 18 12 "IL..oI'I.-.~c.I fla AU.... . A. - -. ICof1J-32ZJ:" l"l 1V ~S,.../.I"" "(~~V.pS N\'bbrnl'J Iq1'f-tl:-~(,4 t~ 14 <. -IIq"7 It 18 (V II.. ~ I I ~i, c - ~ IJ :.. _ 'i> 1;,114.... "", ~ -7l..&:~ ~ 19 I\O--'-{ (t<d'{'.1 ~J ;,n~J\AAA ~5 - 121 <; IP, 20 l'-i.,o,"j tJt n2...f1J.J W\.\\\r-j)vy\O- ru'.p.7((~ Iq 21 1\'\'1 l y~ \ ~ II lW ~-H 0 ~ -'5t4,1.o \ t 22 -I [1)\ \U ~ ~ Ir'e.. ( f)\A1') /I' - u .J I L~ O-t:)\pt \ \ 23 ....iVl ~-\I-'" lUll ,.~ rtl'1 111 e .... v I ^ I, rrwJI) ID 3 - D7B I 11'1 24 /\-A.A.dJ..I(\A-- \I^s:::<::" ~r.' . , - as... Ir:", -u" j( 25 MAn- f:... ^-,.. ~ - 'f<.t ~vu..~<trl n.... wo..~ 14 ,~- Z.09~ II AJlJJ c.J..&. " ,\~. --- &A. · 110/.1 A -,Ill I..... if' 26 ~ ~\"\\1\ n,'}"'. An IJ rIll"' "'~.I,} ,.... 27 'Crt..... J;&'\"-,j 42 ~ (~" i~fI> LrJ "2JI-I-/4J?)P 71' 2~1~ D.al\~'.V - 13/-pqn, It.P ""'/ I oJ, . , :"lI H I) !tV'V'A. J;:")w) 1 \ ~ t"ir II r HI'\ 1'> 1461- '} 2J...;:J.. (J, 30 ~/h(" Ukt &;,,. la. V,~ c.t. t./tA-LL.a.? /~ , --'-~-- - -------,--- Petition in support of Tried and True Tattoo We the undersigned would like to voice our support of a tattoo studio in Arroyo Grande by the name of Tried and True Tattoo. We feel that a tattoo studio would be a great addition to the community of Arroyo Grande. Given the mainstream acceptance of tattoos, and the professionalism of Gary Ellsworth we also feel that this is the ideal time and person to open a studio. We ask that you give Tried and True Tattoo your approval, and grant them the business license that they deserve. Thank you. Name' ,~ Name (signed) Address ," Phone AQf. _(111111 l.........~'~f' 1 6:/Vel~,(\ (i-'r<I,,-yp, 1 'f. ~ 2 k i I . ~./ A N'OOYYI() C 1(. - 4-~~ J I( A~ V/l~'''J.llli4t.A 'II- ~r r>/J/J/'lA "K -St:f/I7 -g / J[lf~~, .....~ '0 'F ~ .\A. ( ..... "", V\ri~ 1 ~\ -z...c..'\.~- "?-{~ 5 A ~ I' P. IIJQ:' I~ ' A_ -~.l ,,,,... J~) 6 'tfll..uJ. ~ I C, ~ -' // ~ /-->> ~ '- ~j~ _!~l "'" 7 %A.tJ.)~ ' ~ ,i;N\~-}f ,~t:A~ t 's:. 0' In 1 r}.. B"'::::,a. L.~ It; .,. ~' ~,---. J ~,..v P G 9 'll1A.l ~/u l/ I ...-I...~, /j. f~L 4f}VJ/LlY"K ~ 10 ~1'iJW' .l,A r;, 9J A.. V, 'hI-.-........'\.) n:c Dnv","GIt::-'1- \<'-\oln \ 3 11Jl1 r i; ..l-.4Li~~' ~w ~~q07c)? ~ 12 ""JI: D:>iU ~1I~. ^, Cl\.. \ 8~ /. .l.~.of&O .;2.1 13 ... ~'r A.. S:^?I\. r S '-D . :.;-, j~ J q 14 \::! k.iC ' -~ k. ~. ~. ~~J... \ K 15 ~ ~.lr~ 1>() W1, ;Dr . 7\ . - . t.! ~ I~ 16 I "'! ~~~&,. r 1.'-..6_ k;7"/~4d /K 17 , ..:.# ";; w n~FJ. d (;, 711J - ~f8 , /11;" 18 -.#~L liJ:\ L.&7 7oCj-}Ztf-i ;:Zl 19 I.,---~ 'l1~JAi:.. I~ 6i p ~>=- ~17 /9 20 /~,,-, .I'r=-.U,,,.,, I'J -G. 47ft' -{p~7i it?' 21 ~ IN L;.ilArI.. ./ .1; #)'7- 74/3 lir 22 ."" ;...,~, .A.lv1I.IJ b. K 7P"f- j/../b -; JK 23 ~ il'"::" ll/Lt1,l.-1 N J\l Q1. L '" ,.:1 . 4kV .~ Z bD 24 ~ Jill;.J p,,~ oee rtJl ft ,l-:l . -xY/.1Su I} \ 25 ('f.,\iYL'$O{\ C O\,DP G SVY\("J - {O. (.316 \ Y 26 (' Ii i;7 ",' 'l{~",1ML <., \ ~ '.;1. '""'\ ' ~ (jQ..)4 z;. ~ 27 [. tJ:..I> 0( ~~ ') p .. 7\ . ~ 61, ''\32..... Sf::> 28 L.ttV\~~~1 .~~, A :-\, ~ LO. I~<: J 21~ 29 ' "\. ,''3co'1""Vt /)(\(/ rM/li) I~~ fl. ~--/l"" I i:: 30 LU"O rfL' (\f('\ ~l\ A., 1-:\ . 4-4. .~:&. '(~ \.J ./ .0 '.~.-.-.- .-------.-.------. Petition in support of Tried and True Tattoo We the undersigned would like to voice our support of a tattoo studio in Arroyo Grande by the name of Tried and True Tattoo. We feel that a tattoo studio would be a great addition to the community of Arroyo Grande. Given the mainstream acceptance of tattoos, and the professionalism of Gary Ellsworth we also feel that this is the ideal time and person to open a studio. We ask that you give Tried and True Tattoo your approval, and grant them the business license that they deserve. Thank you. Name (printep) > _ Name (signed) Add(eSS Phone AGe 1 ,~....~ ~ . /I A'/: - 1'7-::> 2 .~-"" J ~t'\ 'VI h (J ..~J lffLVuA "l.T /)M - - \~~ 3 " '.:/n.' I I" 1'\. a>...... 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"l..:J 26 (A ^~.e Xl.o\liWJ\ o1JL J1 .T~ ~ i.t1"4-lIl;CJI":LO 27 ' ~ ~ ~ {j [o' (15Ytf . - . ,q 28 1 7 "-"'-^ hd. c;w..'"]r D J\ 1"'1., · - II ~. : n ~ .3 ?-. 29 t\\ fLY~"--'U7VlA ) I r~ 1)~' A'1!-'} f\lNJ r 30 c:P- 7f'~), C; '" nl 't .(^ \ I /1;- ..p (, ........ I (I I . . ) - ~-._-'-- . ~-_.__._- .--' Petition in support of Tried and True Tattoo We the undersigned would like to voice our support of a tattoo studio in Arroyo Grande by the name of Tried and True Tattoo. We feel that a tattoo studio would be a great addition to the community of Anoyo Grande. Given the maiDstIeam acccp1ancC of tattoos, and the professionaJi!U11 of Gary Ellsworth we also fee) that this is the ideal time and person to open a stUdio, We ask that you give Tried and True Tattoo your approval, and grant them the business license that they deserve. Thank you. Name . - u-- . . - ~ Ph A_ ........ esa 10118 ~ 1 i,,,tT~,<;;' -.m-k c:..:t~ C ~o-h('h ~bi-bhq() 1<-\ 2 /j / /' ///" d/,A AI' -c J ! .., ?"'5 r -- - J ( (( I q L- 3 rl~J0~' (01/ ~ -]?" ~O(){) .:tJ(q-! Cfifl 2"J 4 ; ~ ~ \ 'i-r) vG.\f")\...)\- '--1 '7\\ - S<t"t \ ~ 5!" ....~ :\J.n "I._I/'/A{ ~L .JjJl - ?__~Lfi> R r(~ 'A -I- 'J- rZi - '-{ :?21 (~ 6 / ~~/ />:- - '7 - >-'i T';u5 If " <7- ;';7<'''- l~ '7/ (""2:':") l~~<.I '-='\r)u\f) rrJrA.\ tf;1../ ......QiJ"^2 .p 8 -? - r.. I~ 1/"'6// J ... /.....\ rff!.r.F~ ~ 9 (" 0. '" 5ef'1I1J1fi(TA 2..J4~ )I~ A , / -.~-~ - ~--7 ;():'" 10 IrA ~I.J ~,,, 1115v'':.:t VA vt! ~ 4<}tf-i{I.I"Y'J),( 11 "6....\f' lA",,j ~ ~./.,/ OJ!l ~/I";"~ ~~ 4~ 5-r-1!~ I. 12::'FF 7' IT 11":,/ .L"W~ '.st ~:"/<6" ) .':1_1 U, L '~ \.~ 13~ ...n.Y\ r\d... /.." I~./ k;:.,.11 A vi A r .n_ ~ ~ ';>_l 1'--),:::,: 0.: ~ IQ, 14 f'/D -. - ./),/' OLtJ!:)!t,t ';'{lil1~ (Jl/hJ'jot; ()[ 15~ ~ 'e.(d. /2.... ."")/ ~-, I<?./J_~ " ~ ^- ~! 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CD"" · Q+A ~ - Disease questions and answers - Needle stick effects and outlawed States - Disinfection and sterilization - Pigments, red reactions and other complications Summary : In spite of popular concern about AIDS, the most serious potential complication of tattooing is still Hepatitis B, The hepatitis B virus is extremely contagious and can be transmitted from the customer to the tattoo artist if the tattoo artist accidentally sticks himself with a contaminated needle, or from one customer to another if needles and tubes are not properly sterilized, Tattoo artists should be vaccinated against hepatitis B, Sterilization of tubes and needles in an autoclave and use of disposable gloves will prevent the transmission of the hepatitis B virus from one customer to another, Sterilization cannot be effected by boiling or by immersion in chemical disinfectants, Other reported complications of tattooing include allergic reactions to pigments, aggravation of existing skin disease, and keloid scarring, A friend of mine who had worked successfully as a tattoo artist for over eight years recently quit tattooing because she was afraid of getting AIDS, She had tattooed a man who later died of AIDS. After hearing about his death she remembered that while tattooing him she had accidentally scratched herself with a contaminated needle, She went to her doctor for an AIDS test, The test was negative, but the doctor, who considered tattooing an abomination, did his best to frighten her by telling her how dirty and dangerous it is, After talking to her I wondered whether there were any reports in the medical literature of AIDS being transmitted by tattooing, A few hours in the library turned up some interesting information on the transmission of infectious diseases among health care workers who accidentally stick themselves with contaminated needles. Most of this literature is also relevant to tattooing, Almost all the published material is good news for tattoo artists. If tubes and needles are properly sterilized and the artist is reasonably careful, tattooing is almost 1000/0 safe for both the customer and the artist. The risks are minimal. However, there are certain risks, and by being aware of them and taking appropriate precautions we can avoid them. So here are some questions I asked the library, and some answers it gave me. Suppose I'm working on a customer who has AIDS and I accidentally stick myself with a contaminated needle. Will I get AIDS? Your chance of getting AIDS this way is about one in 200. Statistics collected worldwide show that of 1,852 health care workers who accidentally stuck themselves with AIDS contaminated needles, only 9 contracted the disease.(l, 2) Why is the transmission rate so low? I heard that intravenous drug users get AIDS from contaminated needles. In order for AIDS to be transmitted a small amount of blood (at least 0.1 ml = 2 drops) must be passed from one individual to another, Intravenous drug users commonly use their own blood to wash out any residue of the drug remaining in the syringe while the needle is still in the vein. This practice is called "flushing" or "booting." As a result, a small amount of blood can be transferred when needles are shared. In the case of an accidental needlestick injury the needle usually penetrates the skin superficially and is immediately withdrawn, with the result that little or no blood is transferred. (3) What percentage of the population carries the AIDS virus? About a million people in the US. are thought to be carriers of the virus. Most of these people do not have AIDS symptoms and do not know they have the virus. The total population of the US is about 250 million, so it is estimated that one person in 250 carries the virus. About 80,000 of these individuals have symptoms and have been diagnosed as having AIDS. (4, 5) How many doctors and other health care workers have been infected with AIDS from accidental needlestick injuries? Thirty-seven such cases were reported in North America and Europe between 1984 and 1991. This includes 5 doctors, 9 nurses, one dentist, and the rest lab technicians and other health care workers (1). A number of other cases of AIDS among health care workers are under investigation but have not been positively documented.(2) So what are the odds that a tattoo artist will get AIDS from his customers? Your chance of getting AIDS from a random needlestick is about one in 200 times 250, or one in 50,000. To put it another way, you'd have to tattoo 50,000 customers and stick yourself once for very customer before you could be reasonably sure of getting AIDS. Is there any case on record of a tattoo artist who got AIDS as the result of sticking himself with a needle he used on a customer? No. A computer search of the literature from 1981-1991 failed to reveal a single reported case of AIDS which had been transmitted by professional tattooing in North America. There are, however, two cases on record in which AIDS was apparently transmitted by tattooing in prison, where no attempt was made to sterilize the needles, (6) Are there any other diseases you can get from accidentally sticking yourself with a contaminated needle? Yes. A recent study has identified 22 diseases which have been transmitted by needlestick injuries. Among these are syphilis, malaria, tuberculosis, and a lot of other things you don't want to get, The disease which is most often transmitted this way is hepatitis B.(7) Have doctors and other health care workers been infected with hepatitis B due to needlestick injuries or other exposure to contaminated blood? Yes. Centers for Disease Control estimates that every year about 12,000 health care workers are infected with the hepatitis B virus due to accidents on the job. About 200/0 of health care workers show evidence of past or present infection with the hepatitis B virus. (2) How dangerous is it? Many individuals infected with the hepatitis B virus have no symptoms and do not know that they have been infected. About 250/0 of infected persons develop acute hepatitis. Some 100/0 of these will become chronic carriers of the virus. They can infect others and are at risk of developing chronic liver disease, including chronic active hepatitis, cirrhosis, and primary liver cancer. One or two per cent will die of the disease. (2) Why is hepatitis B transmitted by needlestick injuries more often than AIDS? There are two reasons. 1. The hepatitis B virus is harder to kill than the AIDS virus. The Hepatitis B virus forms spores which can survive indefinitely outside the body. These spores can only be killed by heating to 121 degrees centigrade for 30 minutes in an autoclave. (11) In contrast, the AIDS virus will not survive more than a few days outside the body. It can be killed by boiling water, immersion in alcohol, bleach, and many other disinfectants. (22) 2. The hepatitis B virus is highly infectious. Experiments on human volunteers have shown that infection can occur if as little as 0.00004 ml (0. 04 microlitres) of blood is transferred from one individual to another (as opposed to 0.1 ml for AIDS). If you stick yourself with a needle you've used on a customer who has hepatitis B, your chance of getting the disease is about one in five (compared with one in 200 for AIDS. (1) What percentage of the general population carries the hepatitis B virus ? In the general population of the US about 2 persons in a thousand are or have been infected. The incidence of infection is much higher (5 to 150/0) among certain high risk groups such as homosexuals, persons with multiple sexual contacts, intravenous drug users, ex-prisoners, immigrants from Asia, and health care workers. (1) Has hepatitis B ever been transmitted by tattooing? Yes. A number of cases have been reported. The best known of these occurred in 1960 when New York City health officials blamed tattoo artists for 30 cases of hepatitis B and one death, The alleged cause of the problem was improper sterilization of instruments and the use of contaminated pigments. As a result, the New York City Board of Health outlawed tattooing in 1961. Two New York tattoo artists appealed the ruling and the case dragged on until 1966, when the Court of Appeals affirmed the decision of the lower court. (8) __.____m"_ Has tattooing been outlawed in other places in the US.? Yes. These include Connecticut, Florida, Kansas, Massachusetts, , Oklahoma, South Carolina, Vermont, and Albuquerque, New Mexico. (9) Are there any recent cases on record of a case of hepatitis B which was transmitted by tattooing? There is no report in the literature of a case of hepatitis B which was transmitted by professional tattooing in North American during the last ten years. What about places outside North America? There are a number of reports of hepatitis B which was transmitted by tattooing in third world countries. The cause in every case was improperly sterilized needles. Is there a vaccination for hepatitis B? Yes. An effective vaccine has been available since 1982. Who should get it? It is recommended for all health care workers and others who might be exposed to human blood and other body fluids. How much does it cost? About $100.00 Will I be immune as soon as I get vaccinated? No. The vaccination takes up to 6 months to become effective, and about 100/0 of those who are vaccinated will not become immune. In addition, there is another form of hepatitis, termed hepatitis C, against which there is no effective immunization. (1) Has hepatitis C ever been transmitted by tattooing? Yes. There is one case on record. (10) How can I protect myself against needlestick injuries? Studies of needlestick injuries among health care workers have ------,~"'--"- identified three major risk factors: work pressure, fatigue, and lack of experience. Appropriate rest periods will help to minimize the danger of a needlestick. A study of needlestick injuries in hospitals revealed that over 800/0 of the injuries occurred not during use, but when instruments were being discarded or prepared for re-sterilization. (1) In tattooing, extra care should be taken when the tube and needle bar are being removed from the machine. Assuming the artist is right handed, a heavy general purpose utility glove worn on the left hand would help to minimize the danger of a needlestick injury. Needlestick injuries have been sustained by hospital cleaning staff when handling garbage bags containing contaminated needles. Therefore contaminated needles should never be put in a wastebasket or a garbage bag. Never leave contaminated needles lying around where someone could touch them. How should contaminated needles be disposed of? It is recommended that contaminated needles be placed in a puncture- proof plastic container. The container and its contents should be incinerated. (1) For the tattoo artist, a practical solution would be to put used needles in a plastic bottle of bleach. Bleach is a powerful disinfectant. When full, the bleach can be drained off and the bottle and needles can be disposed of in an incinerator. How else should I protect myself? Wear disposable latex or vinyl examination gloves. If you take a break to smoke or touch anything other than your machine and tube, remove the gloves and dispose of them. Put on new gloves when you start to work again. Anything which touches your gloves should be regarded as contaminated. Don't touch blood, used tissues, needles, tubes, or anything else which has touched blood with your bare hands. Dispose of used gloves and tissues in a double-duty garbage bag and send it to the incinerator. What about sterilization? All visible traces of blood and pigment must be removed from the Instruments to be sterilized. The best way to do this is to scrub them with a brush and then clean them in an ultrasonic tank. Many microorganisms form spores which can survive prolonged periods of boiling. They can also withstand immersion in Cidex (glutaraldehyde), Benzal (benzalconium chloride solution = zephiran), alcohol, or any other disinfectant. The hepatitis B virus is one of these microorganisms. The National Institute of Health recommends that instruments capable of transmitting the hepatitis B virus be sterilized in an autoclave at 121 degrees centigrade for thirty minutes.(ll) Can I use a pressure cooker instead of an autoclave? Yes, but in order for sterilization to occur most of the air must be removed from the pressure cooker. Put the instruments to be sterilized and heat-sensitive autoclave tape into the pressure cooker and screw the lid on, but do not put the weighted cap on the vent. Let the water come to a boil and blow off steam for five minutes. During this time about one cup of water will boil off and much of the air will be expelled. Then place the weighted cap on the vent and cook for at least 30 minutes. Put the pressure cooker in a sink and run cold water over it. This causes the steam to condense, When you take the weighted cap off you will hear a sucking sound. This is the air rushing in to replace the air which was expelled. If the autoclave tape has turned black, you will know that sterilization has occurred. Are there other methods of sterilization ? Gas (ethylene oxide) and dry heat sterilizers are also effective, but are more expensive and time consuming than autoclaving. Are there any reports of diseases other than AIDS and hepatitis B which have been transmitted by tattooing during the last ten years? Four cases have been reported, All of them were outside North America, and all were due to the use of unsterilized needles. These include two cases of leprosy, one of tuberculosis, and one of blood poisoning. (13, 14, 15, 16) Are there any other medical problems which can be caused by tattooing? The most commonly reported problem is the red reaction. This consists of swelling, inflammation, and itching in the red part of a tattoo. It is often initiated and aggravated by exposure to sun light. Usually it is first noticed some years after the tattooing was done. The reported time lag varies from one to 16 years. In many individuals it is a minor and transient inconvenience, but in some it becomes so severe that it requires treatment by a dermatologist. What percentage of my customers will have a severe red reaction? In an attempt to determine the total numr:>er of red reactions in the tattooed population Qf Britain, Naval Surgeon R. W .B. Scutt sent questionnaires to 100 British dermatologists. They reported that during a nine year period (1960-1968) they had seen a total of 57 patients with red reactions. In other words, there were 5 or 6 cases per year in "a tattooed population of at least one million." (17). During the last ten years (1980-1991) seven papers on the red reaction have appeared in American and British medical journals, In all, 26 individual cases were reported. This works out to about four per year in a tattooed population of many millions. What causes the red reaction? At the time of Scutt's survey some tattoo artists were using red pigments which contained mercury. Scutt reported that of 57 patients with red reactions, 45 showed mercury sensitivity when tested. It was then believed that most red reactions were caused by mercury sensitivity. Since the publication of Scutt's paper a variety of other red pigments have been used in tattooing, including cadmium red (cadmium selenide), sienna/red ochre (ferric hydrate), and organic substances such as sandalwood and brazilwood. (18) But for reasons which are not fully understood, red reactions continue to be reported. How can the red reaction be treated? Mild cases respond to treatment with topical ointments. In more severe cases the removal of the tattoo by dermabrasion or other methods has been attempted, Recently the red reaction has responded to carbon dioxide laser treatment which "led to complete resolution of symptoms with an excellent cosmetic result and preservation of the tattoo design." (19) Are there problems with other colors? No reports of reactions to colors other than red have appeared since 1980. Before 1980 there were a number of reports of reactions to chromium in green tattoo pigment, cobalt in blue pigment, and cadmium in yellow pigment, (20) What about other complications? Certain cutaneous diseases may be aggravated by tattooing and develop locally within the tattooed area. There are a few reports of psoriasis in tattoos, and a few reports of keloid scars developing in tattoos. It might be wise to ask customers if they are subject to psoriasis or to keloid scarring. Where can I find out more about tattoo complications? There are three excellent reviews of the literature: Scutt (1972), Goldstein (1979) and Wilkes (1986) (17, 20, 21). These papers contain extensive bibliographies. Where can I find out more about sterilization? The standard work on sterilization is Principles and methods of sterilization in health sciences by John J. Perkins (11). The British Medical Association publishes two pamphlets which contain much practical information: A code of practice for the safe use and disposal of sharps, (1) and A code of practice for sterilisation of instruments and control of cross infection (12). These pamphlets should be available in any medical library or they can be ordered from: The British Medical Association, Tavistock Square, London WC1H 9JP. Centers for Disease Control publishes a periodical titled MMWR (Morbidity and Mortality Weekly Report) which is available in any medical library. A recent issue dealing with the prevention of AIDS and hepatitis is: Guidelines for prevention of transmission of Human Immunodeficiency Virus and hepatitis B Virus to health care and public safety workers. (2) Copies can be ordered from: U.S. Government Printing Office. Washington, D.C. 20402-9235 'w, ". ."m~" ""~'''''''__''''''~''_'''M''~'''' Bi bliog ra phy 1. British Medical Association. 1990. A Code of practice for the safe use and disposal of sharps. London: Chameleon Press Ltd. 2. Centers for Disease Control. 1989. Guidelines for prevention of transmission of Human Immunodeficiency Virus and hepatitis B Virus to health care and public safety workers. MMWR. 38 (S- 6) 3. Hoffman, P.N., et al. 1989. Needlestick and Needleshare - the difference (letter). Journal of Infectious Diseases. 160 (3): 545-6. Consumer Health Tattoos Are you thinking about getting a tattoo but the unsanitary reputation of tattoo parlors worries you. Is getting a tattoo hazardous to your health? According to the limited statistics available, there appears to be resurgence in the popularity of tattoos. Tattooing has been performed as a decorative practice since ancient times. It is now also being used for some cosmetic medical procedures and for permanent make-up applications. Tattooing involves multiple intradermal injections of the skin by a small machine having one or more needles connected to tubes containing the dyes. The tattooist guides the machine over the skin and controls its speed. The procedure involves a variable amount of pain and a small amount of bleeding. It can take several hours depending on the size of the tattoo. The site of application usually takes 7 to 10 days to heal. Those considering an intradermal tattoo should also remember that it is 'permanent' and removal can involve painful surgery or dermabrasion and possible scarring. Tattooing received a bad reputation in the past and has been banned in some states and localities due to operation of parlors with neglect of health and safety, resulting in outbreaks of infectious diseases. In most of the parlors operating now, there is a greater focus on cleanliness and sterilization of equipment. However, individuals who provide tattooing in unsanitary conditions from their home or the back of a van still exist. Even in modern facilities, tattooing is not without risks. The two most significant ones are allergic responses to the pigments and exposure to bloodborne pathogens. The compounds used as pigments range from metal oxides to synthetic organic dyes. Cases of hypersensitivity to a pigment resulting in allergic responses have been reported but the incidence of such reactions is low. Since tattooing involves injections under the skin, poor infection control practices before, during and after the procedure by the tattooist and the consumer can lead to risk of bacterial and/or viral infection. There have been cases of hepatitis B transmission through tattooing. Transmission of hepatitis C and HIV are also possible with lack of proper sanitation but have never been reported. If appropriate disinfection and sterilization techniques are used, the health risk associated with tattooing is small. Currently, many state and local health departments regulate tattooing facilities. In considering whether to get a tattoo, they are a source of information concerning the guidelines and regulations for tattoo parlors in the local area. Another way to ensure safety is to check whether the tattooist at a particular parlor has been certified by the Alliance for Professional Tattooists (APn. This nonprofrt professional organization has developed a set of infection control Quidelines. in association with the FDA, for its members to follow. . ~ A Report by Hoag Levins ~ Tbe Chlll9lng CulWral Status of . " TATtOO ART . .., .. · As_dlollll_U.5._.. ').. Works. Newspapers 1M MII.dRS Scroll down or click for: Synopsis Main Report Footnotes SYNOPSIS America's core cultural reference books, professional journals, newspapers and magazines recognize tattooing as a well-established art form that, over the last three decades, has undergone dramatic changes. In the 1970s, artists trained in traditional fine art disciplines began to embrace tattooing and brought with them entirely new sorts of sophisticated imagery and technique. Advances in electric needle guns and pigments provided them with new ranges of color, delicacy of detail and aesthetic possibilities. The physical nature of many local tattooing establishments also changed as increasing numbers of operators adopted equipment and procedures resembling those of medical clinics -- particularly in areas where tattooing is regulated by government health agencIes. The cultural status of tattooing has steadily evolved from that of an anti-social activity in the 1960s to that of a trendy fashion statement in the 1990s. First adopted and flaunted by influential rock stars like the Rolling Stones in the early 1970s, tattooing had, by the late 1980s, become accepted by ever broader segments of mainstream society. Today, tattoos are routinely seen on rock stars, professional sports figures, ice skating champions, fashion models, movie stars and other public figures who playa significant role in setting the culture's contemporary mores and behavior patterns. During the last fifteen years, two distinct classes of tattoo business have emerged. The first is the "tattoo parlor" that glories in a sense of urban outlaw culture; advertises itself with garish exterior signage; offers "pictures-off-the-wall" assembly-line service; and often operates with less than optimum sanitary procedures. The second is the "tattoo art studio" that most frequently features custom, fine art design; the ambiance of an upscale beauty salon; marketing campaigns aimed at middle- and upper middle-class professionals; and "by-appointment" services only. Today's fine art tattoo studio draws the same kind of clientele as a custom jewelry store, fashion boutique, or high-end antique shop. The market demographics for tattoo services are now skewed heavily toward mainstream customers. Tattooing today is the sixth-fastest-growing retail business in the United States. The single fastest growing demographic group seeking tattoo services is, to the surprise of many, middle-class suburban women. Tattooing is recognized by government agencies as both an art form and a profession and tattoo-related art work is the subject of museum, gallery and educational institution art shows across the United,States. (Return to top of page) ~ Main Report With Footnotes The state and local governments of New Jersey, like those of other regions across the United States, are being forced to alter their attitudes and laws in response to the changing cultural status and,popularity of tattooing. For instance, in late 1997, Camden County, N.J., unveiled comprehensive new regulations for the growing numbers of tattoo artists operating within its borders. Located just east across the Delaware River from Philadelphia, Penn., the county is a sprawl of suburban communities. In February, 1998, when local graphic artist Patrick Levins became the first person to be certified under the strict new tattoo regulations, he received a document authorizing him to "practice (his) profession as a registered tattoo arts operator" anywhere in the county. [1] It is a mark of the changing times that the county government chose to officially describe tattooing as both a "profession" and an "art." In fact, tattooing is widely recognized as one of humanity's oldest jUld most meaningful art forms. 30- Volume Dictionary of Art For instance, in its section, "Tattoo," the 1996 edition of the 30-volume Macmillan Dictionary of Artexplains: "The art is attested in almost every culture worldwide...the earliest surviving examples of tattooed human skin come from 12th -Dynasty Egypt (1938 BC), but representational evidence suggests that tattooing was practiced in Predynastic and Early Dynastic Egypt (4,500 BC)." "...In Europe and North America, until the late 20th century, tattooing was largely connected with two groups: members of the armed forces and prisoners...From the 1960s onwards, however, changes in the social status of tattoo art in Europe and North America has led to considerable experimentation with forms and styles. The repertory expanded to \ ~- . include designs influenced by other tattoo traditions, especially those of Japan and Oceania." [2] 16- Volume Encyclopedia of Religion In its extensive treatise on the subject, the 16-volume Macmillan Encyclopedia of Religion notes: "Tattooing resembles painting, with the face and body as canvas...In a religious context, as distinct from a purely decorative context, tattoo marks are clearly symbolic...Tattooing in preindustrial societies dominantly relates the tattooed person to a social group or totemic clan, age or sex category, secret society or warrior association...As societies grow more complex and the division of economic and social labor becomes more refined, tattooing becomes more a matter of individual choice and serves the purpose ofself-expression...As the technology of the art develops (for example, the invention of the electric tattooing needle), so do the designs and colors multiply, allowing considerable scope for self-expression and making statements about the selL. Contemporary tattooed men and women wear on their bodies subtle and beautiful expressions of a continuous tradition that links deity, nature and humankind." [3] The Encyclopedia of Religion notes the changing nature of tattooing during the last several decades: "After World War II the practice subsided, but because of the influence of the 'counterculture' of the late sixties, the role of electronic media in bringing the practices of other cultures into the American home, extensive tourism, a general emphasis on individuality, and improvements in the techniques of professional tattooing, there has been a marked revival in the art." THE PUBLIC RECORD Over the last twenty years, a broad range ofU,S. media has documented, analyzed and commented upon the dramatic changes that have altered the social status and cultural implications of the tattoo arts since the 1960s. Time Magazine In 1970, Time magazine was one of the first national publications to note the trend as part of a profile of San Francisco tattoo artist Lyle Tuttle, whose designs on singer Janis Joplin and members of the Rolling Stones were drawing national attention. "As an art, tattoos have been traced back 4,000 years tothe Egyptians," Timereported. In contemporary times "they have adorned the arms and chests of sailors, roustabouts and construction workers. Now, after a decade or two of decline, tattoos are enjoying a renaissance. They have become the vogue of the counterculture." [4] Governor's Proclamation In 1982, as it prepared for an international convention of tattoo artists, the Governor's Office of California issued an official state proclamation that declared, "The tattoo is primal parent of the visual arts... It has re-emerged as a fine art attracting highly trained and skilled practitioners. Current creative approaches are infusing this traditional discipline with new vigor and meaning. At a time when these artists from around the _....~...... ~- . . world meet in California to share, teach and celebrate their skills, it seems appropriate to remind Californians that the tattoo is indeed one of the most ancient arts." [5] Wall Street Journal By 1986, tattoo arts had become a subject of interest even for such publications as the Wall Street Joumal. That year, in the Joumal's Leisure & Arts column, reporter Ed Ward wrote a succinct history of the changing tattoo art scene as part of the newspaper's coverage of the National Tattoo Association's annual convention in New Orleans. "Tattooing by the '60s was in a rut," Ward noted. "The same old designs that World War II had birthed were being chopped out in studios in every dingy port in the world...mediocrity was rampant." But by 1972 a new, "modem" tattoo art scene surfaced across the U.S. as an expanding group of artists combined fine art disciplines with fantasy motifs executed in the lush, highly detailed tattooing style of the Japanese. The results were tattoos that were more like rich bits of tapestry than the stark pen scratchings that had characterized U.S. tattoo art of the World War II era. The result, wrote Ward, was that "what was formerly considered a sleazy perversion...became just another form of self-expression and style." [6] Esquire Magazine In 1989, Esquire magazine reported: "Serious artists...are joining the ranks of tattooers and their designs are being exhibited in museums and featured in expensive coffee table books; fine-art tattooers are, furthermore, leading an effort to improve the image of tattooing....Fine art tattoos...appeal to an affluent, well-educated clientele...The new-style tattooee doesn't merely pick out a design from the tattooer's wall; he has an image in mind when he arrives at the studio and then discusses it with the tattooer, much as an art patron commissions a work of art. Fine-art tattoos are beautifully drawn; they reflect the Japanese influence in tattoos." [7] USA Today In March oflast year, the national daily newspaper USA Today reported: "The once-rebel art of tattooing has achieved mainstream popularity in 90's America. Today's typical tattoo studio is clean and comfortable with tattooing areas that resemble medical-clinic rooms. The people who come in on any given day might be students, professionals, even senior citizens." [8] St. Louis Post Dispatch The St Louis Post Dispatch in Missouri reported last May: "Tattoo shops, once catering to bikers and bums, now ink middle-and even upper-class clientele....Now that more customers come from mainstream America, tattoo parlors have moved out of bars, back alleys and carnivals to Main Street." [9] Anchorage Daily News In March of this year, the Anchorage Daily News told Alaskan readers: "What is striking about body art -- even the terminology implies something of skill and value -- is how it has moved from society's margins to the mainstream. Models and MTV sparked the trend, making the outrageous seem cool. But mostly, middle-class adult women have fueled it, changing the definition of a tattoo from the sign of a deviant act to a just- slightly scandalous but quite public beauty mark." [10] SUBURBAN WOMEN Canada's Toronto Star reported in September of 1997 that when Beth Seaton, professor of mass communications at York University conducted a study of the clientele at one of Toronto's most popular tattoo art studios, she found that 80% of the customers were "upper middle-class white suburban females." [11] This trend -- the spreading popularity of tattooing among well-educated women in affluent suburban communities -- is one of the most striking aspects of the new attitudes about the art form. > The medical journal Physician Assistant which circulates to doctors' offices throughout the country, has alerted its readers: "Tattoos were most common among motorcyclists, criminals, gang members, and individuals with psychiatric problems...However, these stereotypical associations have changed over the past 20 years...Tattooing in women has quadrupled, and it is estimated that almost half of the tattoos now being done are on women." [12] The daily Bismarck Tribune of North Dakota in November, 1997, took a closer look at the clientele patronizing tattoo art studios in and around Hazen, a middle-class suburb of Bismarck. Tribune reporter Lauren Donovan reported that the 30-40-year-old age group of "Soccer Moms" is the fastest growing demographic of the local tattoo market. She wrote that four typical clients included "two hockey moms, one figure skating mom and one figure skating coach" who were "women with full lives at home, church and in the community. They couldn't be less like the leather-wearing biker with skeleton tattoos on his chest." One woman wore a small rose tattoo OIl her shoulder; another had a tiny white baby seal on her ankle. [13] The national marketing magazine About Women, Inc., in April of 1998, published an article that reported: "Tattooing is on the rise among adult women, including professional women; almost half of all tattoos are being done on women. Professor Myrna L. Armstrong of Texas Tech University School of Nursing told About Women, Inc., that several trends play into this interest in body art...for some young women, tattooing is an outward expression of the internal process of identity building...'a tattoo makes them feel good -- it makes them feel special, different,' says Armstrong." [14] THE MAINSTREAM MARKET The conservative weekly news magazine u.s. News &- World Report, in November of 1997, informed its readers: "Tattoos .., have become widely acceptable, appearing on celebrities, in toy stores, and as games on the Internet. ill the United States, tattooing was ~ . the sixth-fastest-growing retail business in 1996, after Internet, paging services, bagels, computer, and cellular phone stores. Since then, the industry has been expanding by more than one studio a day, a 13.9 percent increase in nine months." [ISJ Public Celebrities The same month, the Chicago Tribune reported: "Tattoos have begun to appeal to people from every walk oflife...tattoo parlors are experiencing a growth trend due to three major changes in the tattoo industry: a greater number of tattoo ink colors, the fact that fine artists are entering the field and the proliferation of celebrity tattoos...because many famous, high profile people in music and sports have tattoos, they have become more socially acceptable." [16] Lawyers, Accountants and Homemakers Florida's Palm Beach Post, in November of 1997, explained that the local tattoo industry that once catered almost exclusively to "bikers, sailors and topless dancers," is now applying ornate art works to the skin of "lawyers, accountants and homemakers." [17J Professional Athletes "Professional athletes had a lot to do with the mainstreaming of tattoos," the Post said. "They made them visible, socially acceptable and desirable." Sports l11ustratednoted: "Tattoos have become the sport's world's most flaunted form of self-expression. Ten years ago, only boxers or wrestlers had visible tattoos; today, they are everywhere, in every sport." [ISJ In 1997, when it conducted a preseason survey of all 29 NBA teams, the Associated Press reported that 35.1 % of all NBA players had tattoos. [19] Professional sports observers estimate that similar percentages of America's national league football, hockey and baseball players also have tattoos. Aside from raising the visibility of tattoos, these legions of sports figures -- who also constitute one of the country's largest groups of millionaires -- have had a major impact on the nature of the tattoo business. Much like millionaire rock singers, movie stars and fashion models, they have created a new market for high-end custom tattoo art studios geared to an affluent and demanding clientele that only patronizes vendors who provide high standards of service in clean, respectable surroundings. Madison A venue Executives Other professional groups are also helping support the rise of a new upscale genre of tattoo art studios quite different from those seedy establishments once found only in urban tenderloin districts. For instance, in its May 1998 review of the development of the local tattoo art studios since that business was legalized in March of 1997, the New York Timesreported "Tattooing in New York is coming of age...the art form has evolved from drunken-sailor initiation rite to quirky fashion statement...tattoos have moved beyond peace signs for hippies and skulls for bikers. A recent fashion in tribal designs -- inspired by the work of American Indians and tribes from places like Borneo and Thailand -- is now displayed on the ankles and arms of Madison Avenue executives." [20J MUSEUMS AND GALLERIES The tattoo-related arts are studied and celebrated by leading museums, galleries and art institutions across the country. In 1995, when she reviewed the tattoo-based art exhibit "Pierced Hearts" at the Drawing Center of New York City, Village Voice art critic Elizabeth Hess wrote "Every artist in town will want to see 'Pierced Hearts' because it's the real thing." [21] The show, which included 300 drawings of tattoo art from the 1800s to the present, turned out to be so successful that it went on a national tour, appearing in such institutions as Miami's Museum of Contemporary Art whose curator, Bonnie Clearwater, described the event as being about 'bringing a popular culture into a world of higher art'." [22] Meanwhile, that same year, "The Devil's Blue: American Art and Practice through the Port of New York, 1840-1961," another exhibit devoted exclusively to the art of tattoo designs, opened at the South Street Seaport Museum in New York City. [23] Publications such as the New York Times have continued to cover tattoo art events. In a February, 1997, story, the Timesreported: "Thousands of tattoo fans gathered in Detroit recently for one of the nation's biggest tattoo conferences. Once considered a back-alley art form, tattoos have been moving into the mainstream, bringing new profits to tattoo parlors and even attracting attention from art museums." [24] Later that year in Detroit, the Detroit Institute of Arts hosted a conference of scholars from around the country to study the tattoo arts. Speakers included anthropologist Margo DeMello of San Francisco University, folklore scholar Daniel Wojcik of the University of Oregon and art historian Dora Apel of Wayne State University. Isabela Basombrio of the museum's educational department pointed out to reporters that "the mainstreaming of the tattoo has produced a number of outstanding artists who have developed their own styles and are documenting their own history." [25] In its 1996 article on the subject, the medical journal Physician Assistllnt alerted its readers that cultural attitudes about tattoos in the U.S. have changed during the last two decades and that "Tattooing is a recognized art form in the Smithsonian Institute in Washington." [26] In fact, in 1986, the National Museum of American Art, a part of the Smithsonian, added pieces of tattoo design work to its permanent art collection. [27] In October of 1997, the Hallways Contemporary Art Center in Buffalo, New York, hosted a gathering and art exhibit entitled "Needlework: A Festival of Woman Tattoo Artists." It was not only evidence of the museum-quality treatments tattoo artwork is receiving around the country, but also of the growing numbers of female tattoo artists who are yet another group changing the nature of the art and atmosphere of the professional tattoo business. [28] The conference was organized in cooperation with Erie County officials who regulate local tattoo artists. In March of this year, the University of Colorado-Boulder museum mounted a cultural and anthropological exhibit of body art called "Tattoo." The Denver Post reported that the exhibit's opening drew 1,000 people and that "body art has captured the public imagination." [29] Art journals take serious notice of art created by tattoo artists as well as art derived from that genre of drawing. The July, 1997, issue of Art in America, for instance, featured an article on the work of Chicago artist Tony Fitzpatrick, whose etchings and drawings are based, in part, on tattoo art. Fitzpatrick is himself the founder of the World Tattoo Gallery in Chicago which showcases similar artists. {30] In April of 1997, in an article entitled "Preparing for a Career in Illustration," School Arts magazine advised America's student counselors that the tattoo arts were a "growing field" offering job opportunities for students trained in fine art principles. {31] Tattoo art displays in galleries have become common. For example, in the first four months of 1998, the "Art in Review" section of the New York Times and the "Arts" section of Newsdayreported on two separate galleries in the New York area -- Wessel and O'Connor Gallery and The Outsider Gallery in Long Island City -- that mounted new exhibits that included tattoo images. {32] (Return to top of page) ~ Footnotes 1. "Registration for Tattoo Arts Operator," Dr. Jung H. Cho, County Health Officer, Camden County Division of Health, Jefferson House, Lakeland Road, Blackwood, NJ, Feb. 23, 1998. 2. "Tattoo," The Dictionary of Art(34 volumes), Macmillan Publishers Ltd., New York, 1996, vol. 30, page 366. 3. The Encyclopedia of Religion (16 volumes) Macmillan Publishing, New York, Mircea Eliade, editor, 1987, vol. 2, p. 270. 4. "Tattoo Renaissance," Timemagazine, Dec. 21, 1970, p. 58. 5. "A Proclamation," Executive Department, State of California, The Queen Mary, Long Beach, Calif., Edmund G. Brown, Jr., Nov. 12, 1982. 6. "Skin Pix: New Breed of Tattoo Artists Makes Its Mark," by Ed Ward, Leisure & Arts Column, The Wall Street Joumal, April 8, 1986, p. 28. 7. "That Tattoo," by John Berendt, Esquiromagazine, Aug. 1989, p. 32. 8. "Teens' Tattoos Getting Under Parents' Skin," by Maria Puente, USA Today, March 24, 1997, p. llA. 9. "Much Ado About Tattoos Popularity," by Phyllis Brasch Librach, St. Louis Post Dispatch, May II, 1997, p. IC. 10. "Mark on the Culture," by Mary Leonard, Anchorage Daily News, March 5, 1998. II. "Life, Young Street" by Odelia Bay, The Toronto Star, Sept. 30, 1997, p. E1. 12. "Body Adornment and Tattooing: Clinical Issues and State Regulations," by Kenneth Korn, Physician Assistant, May 1, 1996, vol. 20 pp 85. 13. "Wearing Their Art," by Lauren Donovan, Bismarck Tribune (North Dakota), Nov. 16, 1997, p. IC. 14. "Teens Adopt Body Art, with Adult Women Not Far Behind," by Linda Sobottka, About Women, Inc., Trends in Marketing, section, April 1998, p. 14. 15. "A Parent's Guide to Tattoos," by Mary Lord, U.S. News & World Report, Nov. 3, 1997 p.67. 16. "Tattoo You," by Lawrence Muhammad II, Chicago Tribune, Nov. 4, 1997. 17. "Bodies of Art," by Ellie Lingner, Palm Beach Post, Nov. 6, 1997, p. 16E. 18. "Skins Game: Athletes' Tattoos," by Leigh Montville, Sports Illustrated, Nov. 6, 1995, p. 90. 19. "Mark of an Athlete: Tattoo body art is making an indelible impression on athletes," by Sandra McKee, Associated Press, in The Baltimore Sun, Dec. 3, 1997, p.lD. 20. "On the Tattoo Map, It's the Sticks," by Thomas J. Lueck, New York Times, May 16, 1998, p. B1. 21. "Written on the Body," by Elizabeth Hess, The Village Voice, Sept. 26,1995, p. 90. 22. "Tattoo or Not Tattoo? More are answering yes," by Particia Zengerle, Reuters News Sevices, May 1, 1996. 23. "Tattoo Moves from Fringes to Fashion," by Michael Kimmelman, The New York Times, Sept. 15, 1995,p.C-1. 24. "Tattoo Art Gains Color and Appeal," by Robyn Meredith, The New York Times, Feb. 17, 1997, page 52. 25. "Art Institute Conference Shows Tattoo Art Isn't Just Skin Deep," by Joy Hakanson Colby, Gannett News Service, April 2, 1997. 26. "Body Adornment and Tattooing: Clinical Issues and State Regulations," by Kenneth Kom, Physician Assistant, May 1, 1996, vol. 20 pp 85. 27. "One Collector's Folk-Art Finds," by Kathleen M. Burke, Smithsonian magazine, Oct. 1990, p. 215. 28. "Under Their Skin: Women Tattooists Are Challenging the Idea of Feminine Beauty," by Richard Huntington, Buffalo News, Oct. 17, 1997, p.20-G. 29. "Tattoo You: Exhibit Explores W orId of Body Art," by Cate Terwilliger, The Denver Post, March 26, 1998, p. E-O 1. 30. "Tony Fitzpatrick at Adam Baumbold," by David Ebony, Art in America, July, 1997, page 95. 31. "Preparing for a Career in Illustration," by Patrick Hennessey and Jenine Culligan, School Arts magazine, April 1997, p. 39. 32. "Art in Review," by Holland Cotter, The New York Times, Feb. 13, 1998, p. 39; "Outings: Some Lessions From the Self-Taught," by Carl MacGowan, Newsday, April 5, 1998, Arts & Entertainment section. (Return to top of page) All Rights Reserved @ 1998, Hoag Levins Haddonfield, NJ, USA T attooArtist.com . . TATTOOS! What's behind the surging popularity of tattooing among celebrity women? A recent popular men's magazine's readers poll offers a fascinating insight into the popularity of tattoos among women celebrities. FHM Magazine recently published their annual list of the World's 100 Sexiest Women in the World 2002 as voted on by FHM's readers (www.FHMUS.com). A quick perusal of the Top 100 list reveals that one of the things that many of the women picked have in common is a predilection for body art, i.e. tattoos, also known around the world as tatoeage, tatouage, tatowier, tatuaggio, tatuar, tatuaje, tatoos, tattueringar, tatuagens, tatoveringer, tattos, and tatu. They are more popular now than at any time in recorded history. An afternoon of research revealed the following results; six of the top ten sexiest women in the world have one or more tattoos (60%). eleven of the top twenty sexiest women in the world as voted on by FHM's readers have a tattoo (55%), thirteen of the top 25 have tattoos (52%), 22 out of the top 50 have tattoos (44%). and out of the top 100 Sexiest Women in the World 2002 as judged by FHM's readers. 36 have tattoos that I know about (a still impressive 36%)! These percentages are really quite amazing when taken into context with the overall general population. Esquire Magazine published a poll in March of this year that said one in eight of the general population in the United States sports a tattoo. Details Magazine published a poll that said 22% of those aged 18-25 have a tattoo. But neither poll can hold a candle to FHM's 100 Sexiest Women in the World 2002. I think it's high time the mainstream media took a closer in-depth look at the popularity of tattoos and body art - around the world, Search Engine Lycos. ranks the Top 50 search terms every week. 'Tattoos" was the fourth most popular search term on the internet in 2001. the seventh most popular search term for the year 2000. and the eleventh most popular search term in 19991. *In July of 2002. "tattoos" reached its highest ranking ever. coming in as the number two most requested search term on the internet. 'Tattoos" was requested more often than Pamela Anderson. marijuana or Napster. illustrating that skin ink is now more popular than "sex. drugs and rock n' rolll" And the results are... 1. Anna Kournikova 51. Jules Asner 2. Britney Spears - tattoos - fairy on lower back 52. Mandy Moore 3. Halle Berry - tattoo - flower on derriere 53. Beth Ostrosky 4. Alyssa Milano - multiple tattoos 54. Jennifer Garner 5. Jennifer Lopez 55. Alyson Flanigan - tattoos 6. Jessica Alba - tattoo on back of neck 56. Catherine Zeta-Jones 7. Jennifer Love Hewitt 57, Gena Lee Nolin 8. Angelina Jolie - multiple tattoos 58. Drew Barrymoore - multiple tattoos .. 9. Sarah Michelle Gellar - several tattoos 59. Reese Witherspoon 10. Carmen Electra 60. Cindy Crawford 11 . Pamela Anderson - multiple tattoos 61. Courtney Cox - rumoured tattoo 12. Nikki Cox 62. Holly Marie Combs - tattoo 13. Jennifer Aniston - rumoured tattoo 63. Liv Tyler 14. Denise Richards 64. Gillian Anderson - tattoos on feet 15. Tiffani Thiessen - tattoos 65. Rose McGowan - tattoo on back 16. Charlize Theron - tattoos on feet 66. Sofia Vergara 17. Christina Aguilera 67. Kelly Brooke 18. Jessica Simpson 68. Penelope Cruz 19. Lucy Liu - tattoo of tiger on lower back 69. Katherine Heigel 20. AShley Judd 70. Angie Harmon 21 . Beyonce Knowles 71 . Kristin Kreuk 22. Jenna Jameson - tattoos 72. Gwyneth Paltrow - rumoured tattoo 23. Tyra Banks 73. Susan Ward 24. Brooke Burke 74. Jennifer Connelly 25. Rebecca Romijn-Stamos - tattoo 75. Meg Ryan - tattoo 26. Jaime Pressly - tattoos 76. Eliza Dushku 27. Faith Hill 77. Leeann Tweedan 28. Nicole Kidman 78. Gwen Stefani 29. Cameron Diaz 79. Jolene Blalock 30. Jessica Biel 80. Alicia Keys 31 . Elizabeth Hurley 81. Molly Sims 32. Katie Holmes 82. Aaliyah - tattoos 33. Jenny McCarthy - tattoo on derriere 83. Paula Zahan 34. Janet Jackson - multiple tattoos 84. Megan Ewing 35. AIi Landry 85. Samantha Mumba 36. Mariah Carey 86. Pink - tattoos 37. Shania Twain 87. Kate Hudson - tatt00 on foot 38. Catherine Bell - tattoo 88. Bush Twins 39. Heidi Klum 89. Vanessa Marcil- tattoo 40. Shakira 90. Laetitia Casta 41 . Sandra Bullock - rumoured tattoo on lower belly 91. Zhang Ziyi 42. Jeri Ryan 92. Josie Maran 43. Kirsten Dunst 93. Chely Wright 44. Jasmine Bleeth - tattoos 94. Kim Smith 45. Melissa Joan hart - tattoos 95. Yamila Diaz-Rahi 46. Charisma Carpenter - tattoo on lower back 96. Jamie Sale 47. Salma Hayek 97. Kelly Furtado 48. Natalie Portman 98. Chyna - tattoos 49. Julia Roberts - tattoos 99. Kelly Ripa - tattoo on calf 50. Heather Graham 100, Shannon Elizabeth Is having a tattoo the ultimate unexpected edge for an Oscar-nominated actor? You might think that the somewhat staid and tradition-bound reputation of the older- than-average Members of the Academy of Motion Picture Arts and Sciences might be put off by the rebellious image of actors with tattoos. But you'd be wrong. Very wrong! A quick survey of previous Oscar winners shows that not only can they be expected to live years longer than their colleagues if they are blessed with the Golden Statue, but chances are, they probably have a tattoo! In fact, the chances of their having a tattoo is significantly higher than the 1 in 8 ratio of the general population estimated to have skin art in the March, 2002 Issue of Esquire magazine. See for yourselves! Check out this list of previous Oscar recipients with tattoos! Ladies first; Oscar winners Julia Roberts, Jodie Foster, Cher, Jessica Lange, Geena Davis, Marisa Tomei. Whoopi Goldberg, Melannie Griffith, Gwyneth Paltrow and Angelina Jolie all sport skin ink (maybe that's the secret to success on Oscar night!) And as for the men; How about Oscar winners Robert de Niro, Sean Connery, Nicholas Cage, Sean Penn. Cuba Godding Jr.. Billy Bob Thorton and Ben Affleck? That's an astonishing array of glittering talent that may have figured out that having a tattoo is the secret talisman that will put Oscar into their hands on the night of the Academy Awards. And who might the previous winners be with secret tattoos that the rest of the world knows nothing about? Odds- makers will certainly be wanting to find out whether or not this years current crop of Oscar-nominees has gone under the needle in an all out bid to garner Oscar gold! This may be great news for Oscar-nominee Sir Ian McKellan who got a tattoo to bond with the rest of the actors who were part of the Fellowship of the Ring in. you guessed it. The Lord of the Rings. And Halle Berry? (She won!) Why she has a cute little flower tattooed on her left buttock. Their tattoos may be all the extra inside edge they need to garner gold at the Academy Awards. Now wouldn't it be appropriate if they gave Oscar a tiny tattoo of his own? A LITTLE BACKGROUND ON THE TATTOOS OF THE FAMOUS AND INFAMOUS The first modern celebrities to push the body art envelope came. not surprisingly, from the rank and file of 'Rock n' Roll.' Just as their music tested the boundaries of society. musicians like Janis Joplin, Joan Baez. Duane Allman and The Rolling Stones were overturning stereotypes of body art. If you were into rebellion. there was no greater advertisement than a tattoo. Back then. tattoos were the indelible accessories of sailors, servicemen, outlaw bikers. criminals and prostitutes - and polite society would have nothing to do with them. True or false? In fact. the aristocratic and royal families of Europe may well have been the first celebrities to indulge in a taste for tattoos! When Captain Cook and his men returned from their voyages to Polynesia, the salons of Paris and London were abuzz with tales of 'tattooed savages'. Cook's Science Officer and Expedition Botanist Sir Joseph Banks returned to England with a tattoo. Cook brought back with him a tattooed Tahitian chief, and presented him to King George. Many of Cook's men came back tattooed and introduced the word we still use to describe the art form. 'Ta-taw' eventually became 'tattoo'. Along with 'taboo'. these are the only two Polynesian words to be adopted into the English language. The English Royal Court must have been fascinated with the Tahitian chief's tattoos because King George V himself got inked with the 'Cross of Jerusalem' when he travelled to the Middle East in 1862. On a trip to Japan he also received a dragon on the forearm. from the needles of an acclaimed Japanese tattoo master. George's sons, The Duke of Clarence and The Duke of York were also tattooed in Japan while serving in the British Admiralty, solidifying what would become a family tradition. Taking their sartorial lead from the British Court. where King Edward VII followed King George V's lead in getting tattooed; King Frederik IX of Denmark, the King of Romania. King Alexandar of Yugoslavia and even Czar Nicholas of Russia, all sported tattoos. many of them elaborate and ornate renditions of the Royal Coat of Arms or the Royal Family Crest! King Alfonso of modern Spain also has a tattoo. The tattooing craze spread to the upper classes all over Europe. but particularly in England. There, it was not uncommon for members of the social elite to gather in the drawing rooms and libraries of the great country estate homes after dinner and partially disrobe in order to show off their tattoos. Aside from Prince Albert's Prince Albert, there are persistent rumours that Queen Victoria had a small tattoo in an undisclosed 'intimate' location. Winston Churchill's mother. Lady Randolph, not only had a tattoo of a snake around her wrist. which she covered when the need arose with a specially crafted diamond bracelet, but, believe it or not, had her nipples pierced as well! Carrying on the family tradition, Winston was tattooed himself. WHO'S WHO ON OUR TATTOO HIT LIST? Tattooing has gone beyond rock stars to become embraced by movie stars, sports stars, and even super models. Tattoos have become ubiquitous in the National Basketball League, where for the first time in the 2000 Season, more players in the NBA have tattoos, than don't. What is clear is that tattooing has emerged from the fringes of society and its unsavoury reputation of the recent past. Oscar winners Julia Roberts, Jody Foster, Marisa Tomei, Melannie Griffith, Gwyneth Paltrow and Angelina Jolie all sport skin ink (maybe that's the secret to success on Oscar night!). as do super models Christy Turlington. Stephanie Seymour, Amber Smith, Carrie Otis and Kate Moss. Pop culture superstars like Britney Spears, Charlize Theron, Gillian Anderson, Pamela Anderson, Sarah Michelle Gellar, Drew Barrymore, Christina Ricci, and Janet Jackson - or any of the Spice Girls for that matter - have all elected to get adorned with permanent body art. And how could you not mention Roseanne Barr? Or Rosie O'Donnell for that matter? You want tattooed men? How about Oscar winners Sean Connery, Nicholas Cage, Sean Penn and Billy Bob Thorton? Or Bruce Willis, Charlie Sheen, Johny Depp, Ben Affleck, Mark Wahlberg, Sean "Puff Daddy" Combs or David Duchovny? Other celebrities, like Michael Jordan, Shaquille 0' Neal, Allen Iverson. Marcus Camby. Mike Tyson, Lennie Kravitz, Jon Bon Jovi, Eminem, Fred Durst, Billy Idol, Henry Rollins, Robbie Williams and David Beckham are all tattoo aficionados. And what about those folks that you would never have bet in a million years that they'd have tattoos? Great English actor Sir Ian McKellan? Yep, he got a tattoo to bond with the rest of the actors who were part of the Fellowship of the Ring in, you guessed it, The Lord of the Rings. Vocalist Pearl Bailey had a heart on her upper thigh. The most popular doll of all time. Barbie, recently came with tattoos! Great American Novelist John Irving has a Canadian flag in honour of his second wife. Golf great Lee Trevino saw fit to honour "Anne" on his right arm, Former President Teddy Roosevelt had a tattoo, as did his daughter Alice. Josef Stalin, fittingly enough had a tattoo of a death's head. And former United States Secretary of State George p, Schultz has a tattoo of a tiger on his derriere in tribute to his beloved alma mater. Princeton. Is there. indeed. anything 'tribal' about the emerging international tattooing tradition? Food for thought, grist for argument, and some daring body art to look at - these are all in the mix for Celebrity Tattoos. THE VANISHING TATTOO - tribal tattoos, designs, pictures... The Vanishing Tattoo web site, www.vanishingtattoo.com. has become the largest and most popular site devoted to body art and tattooing on the Internet. receiving nearly twenty million hits per month. It's also been rated the Number One tattoo site in the world by Google!. The Vanishing Tattoo is a 13-part (soon to be 26!) half-hour television documentary series devoted to the amazing history, powerful rituals and extraordinary social significance of tribal tattooing in many different cultures around the world. Vince Hemingson The Vanishing Tattoo ~ HOME ~ INDEX fashion I modelinQ I clubbinQ I art I desiQn home I privacy policv I about us I contact us Copyright @ COSMOWORLDS. All Rights Reserved. http://www.cosmoworlds.com/tattoos.html National Center for HIV, STD and TB Prevention Divisions of HIV I AIDS Prevention F""",", """'""""",,_""""T,"""~',,,,",,""""""" Frequently Asked Questions Home Index Search Site Map - --_.~......,~,.,""."">,.,..""~.,,.>,....,,. Can I get HIV from getting a tattoo or through body piercing? A risk of HIV transmission does exist if instruments contaminated with blood are either not sterilized or disinfected or are used inappropriately between clients. CDC recommends that instruments that are intended to penetrate the skin be used once, then disposed of or thoroughly cleaned and sterilized between clients. Personal service workers who do tattooing or body piercing should be educated about how HIV is transmitted and take precautions to prevent transmission of HIV and other blood-borne infections in their settings. If you are considering getting a tattoo or having your body pierced, ask staff at the establishment what procedures they use to prevent the spread of HIV and other blood-borne infections, such as the hepatitis B virus. You also may call the local health deparbnent to find out what sterilization procedures are in place in the local area for these types of establishments. Visit the CDC Web site for links to the 50 U.S. state health departments. .. _.~..----_.'~""~'-' ",.....,..~>^-..,~ LEGEND: .. = Link is outside of the DHAP domain...click the BACK button to return to this page. ..r.. "~_~'~,p.,, Frequently Asked Questlors Home Index Search Site Map ....-""-""""'''''~''' ">""",,"~-""'.-, ,'.' ,-, Last Updattxi: December 15, 2003 Centers fOr Disease Control &- Prevention National Center fOr HIV, STD, and TB Prevention Divisions of HIV/ AIDS Prevention Contact Us .....~ NO CASE OF AIDS TRANSMISSION EVER DOCUMENTED IN A U.S. TATTOO STUDIO Statistics Show Lower Hepatitis Risk in Tattoo Shops than in Dentists' offices The health risks associated with commercial tattooing are often exaggerated when individuals or groups mount campaigns to prohibit the opening of a community's first tattoo shop, according to news accounts from across the U.S. During the last ten years, according to u.s. News & World Report tattooing has become one of America's fastest growing categories of retail business. There are now an estimated 15,000 tattoo studios in operation as the once-taboo practice of body-marking continues to gain broader acceptance and popularity throughout mainstream society. As part of this cultural change, growing numbers of professional tattoo artists are opening -- and attempting to open -- studios in middle-class cities and towns that have never had such establishments in their business districts. Inaccurate Risk Allegations Reports indicate that the ensuing public debate routinely includes ~ossly inaccurate pronouncements about the alleged health risks of tattooing. Some local newspapers and TV stations have implied or suggested in their reports that tattooing may involve unusually high risks related to the transmission of such diseases as AIDS and Hepatitis. Letters to the editor in some publications have often flatly stated that tattoo shops are major sources for AIDS and Hepatitis. For instance, one recent letter to a community newspaper in southern New Jersey charged that tattooing was involved in "the terrible price paid by loss of human life to AIDS" and went on to mention Hepatitis in a similar manner. In response, local New Jersey tattoo artist Patrick Levins wrote: "While I understand how the debate about America's shifting cultural attitudes toward tattooing can get emotional, I think responsible citizens will agree it's important to address such health issues factually .~.._. and logically." Federal Disease Experts One place where local citizens and journalists can find authoritative information about the epidemiology -- or the transmission and risk -- of ,"""'. AIDS and Hepatitis is the Centers for Disease Control (CDC). wi/) t'I:::'.J ....... .~.,.;. ... s.mc.n CDC is the nation's foremost authority on communicable diseases. It plays --~- , .... the leading role in investigating and documenting the patterns and causes of AIDS and Hepatitis throughout the United States. Headquartered in Atlanta, Ga., the CDC maintains a large World-Wide Web site (www.cdc.gov) on which it regularly publishes and permanently archives in-depth information about its findings. It also makes its data available for free to newspapers, local libraries, public health agencies and any local government official or citizen who requests it. CDC categorizes tattooists as "personal service workers".along with hairdressers, barbers, manicurists, acupuncturists, and massage therapists. Since the early 1980s, this category of workers has received intense scrutiny in ongoing CDC investigations of how the HIV virus that causes AIDS is spread. Brief but Dramatic: CDC AIDS Data The CDC summary data about tattooing and HIV is as brief as it is dramatic. In its HIV / AIDS Surveillance Reports, CDC has consistently noted that it has documented "no cases of HIV transmission through tattooing" anywhere in the country since it began tracking such data in 1985 [1]. By comparison, there have been at least 7 cases of HI V transmission associated with dentists and dental workers. Hepatitis: More Dentists Than Tattoos About hepatitis: Of the 13,387 annual cases of hepatitis detailed in the most recent CDC report, 12 are associated with tattoo studios. By comparison, 43 cases -- or better than 300% more -- are associated with dental offices [2]. Both numbers would appear to represent low levels of hepatitis risk -- a risk that has been further reduced by new safety procedures required of both dental offices and tattoo studios. Some political pundits have noted that, given the statistics, community activists who are sincerely concerned about the potential spread of AIDS or hepatitis would do better to concentrate on local dentists rather than local prospective tattoo shop operators. Other observers point out that while it is important to be vigilant for potential community health problems, there is no documentable basis to support public allegations that the process of contemporary commercial tattooing is an unreasonably disease-prone one. ,..,,..,,.., [1] The HIV/AIDS Surveillance Report is published regularly by the Centers for Disease Control and Prevention. The most recent, published in December, 1997, is entitled "Estimated incidence of AIDS and deaths of persons with AIDS, adjusted for delays in reporting, by quarter-year of diagnosis/death, United States, January 1985 through June 1997." [2] Hepatitis Surveillance, Report Number 56, April, 1996, Center for Disease Control and Prevention. All Rights Reserved <9 1998-2004 www.TattooArtist.com April 19,2004 . To Arroyo Grande City Council: This is a letter of recommendation for Gary Ellsworth who is planning to open a Tattoo shop in downtown Arroyo Grande. We have known Gary for approximately ten years, as he is a friend of our two sons, Chad a thirty-four year old Deputy Sheriff for Santa Barbara County and Garth who Is twenty-elght years old and has just graduated from Cal Poly. In addition to being Garth's roommate a few years ago, Gary has been a good friend of the entire family. Gary Is a young man with wonderful artistic abilities, esthetic vision, and he has already proven to be a very capable businessman. He can be trusted to run a "clean and sterile operation" that will be law abiding. We believe Gary's business will be an asset to your city. Sincerely, vJt!~~~ Mark Biedlnger, Art Teacher for 32 years at Orcutt Junior High In Santa Maria, CA (805-938-8700 ~Iyn Bieding~r, O~h oordinator for Department of Housing and Residential Life at Cal Poly State University (805-756-1226) Home address: 1265 Kendra Court San Luis Obispo, CA 9340 (805-541-3579) -..--. I.b. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande to consider the following item: A RESOLUTION INCREASING OPERATING FEES BASED ON CHANGES IN THE JANUARY 2004 CONSUMER PRICE INDEX (C,P.I,) APPLICANT: City of Arroyo Grande PROPOSAL: The Council will consider the adoption of a Resolution increasing operating fees in the Fire, Building, Community Development, Engineering, and Recreation Departments based on changes in the January 2004 C.P.I. of 1.8% REPRESENTATIVE: Financial Services Director Any person affected or concerned by the proposal may submit written comments to the Office of the City Manager before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of the hearing. Any person interested in the proposal can contact the Financial Services Department at 214 E. Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5430 during normal business hours (8:00 a.m. to 5:00 p.m.). The proposal will be available for public inspection at the above address. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Date and Time of Hearing: TUESDAY, APRIL 27,2004 AT 7:00 P,M, Place of Hearing: ARROYO GRANDE CITY COUNCIL CHAMBERS 215 E, BRANCH STREET ARROYO GRANDE, CALIFORNIA 93420 '~ (-- fAi1skuofLL- Kelly W Imt::fe Director of Administrative Services/Deputy City Clerk Publish 1 time, Friday, April 16, 2004 ._,------ _._-~---,.,- MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: CONSIDERATION OF RESOLUTION INCREASING OPERATING FEES BASED ON CHANGES IN THE CONSUMER PRICE INDEX (CPI) DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended the City Council adopt the attached resolution revising Operating Fees in the Fire, Building, Community Development, Engineering, and Recreation Departments by the January 2004 CPI of 1.8%. FUNDING: A small increase, of approximately $1,000, can be expected in the General Fund operating revenues. DISCUSSION: The City completed an operating fee study in Fiscal Year 1999-2000, This study calculated the direct and indirect costs of providing specialized services to the public. The commission of this study was undertaken in order to shift the burden of paying for specific governmental services from the general populous to specific recipients of the service, through user fees. The underlying assumption being that services benefiting specific users, not the community as a whole, should be paid by the benefiting individuals and businesses. On April 11, 2000 the City Council was presented the completed study and a recommendation to set operating fees, where appropriate, at 100% of cost. The enabling resolution was adopted at that meeting and fees were adjusted on July 1, 2000. Since the cost to provide services increases each year, it was the intent of the original study that these fees be increased annually. The City could have commissioned operating fee studies to recalculate the growth in costs each year. Rather than spend a considerable sum of money and staff time on yearly studies, a simpler solution was instituted. The fees are re-calculated each year by the January consumer price index (CPI), which measures the increased cost of living for specific regions of the country. With the City Council approval, the fees are then adjusted to include the CPI increase. --....-.-----..-- CITY COUNCIL OPERATING FEE STUDY AND RESOLUTION APRIL 27, 2004 PAGE 2 The January 2004 CPI, as reported by the U.S. Department of Labor, is 1.8%. In order that the City's operating fees keep pace with the annual cost of inflation; and that the City continues to charge the complete cost of supplying services, staff proposes operating fees be increased by 1.8%. Attached to this report is a Resolution to increase fees, and Exhibit A that provides a listing of the Proposed Updated Operating Fees. This listing shows the service provided by the City, the current fee charged for that service, the CPI percentage, and the recommended fee. AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation to increase operating fees by 1.8%; - Deny staff recommendation and retain the current fee structure; - Modify staff recommendation; - Provide direction to staff. Attachments: - Exhibit A - Schedule of Operating Fee Recommendations. RESOLUTION NO, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING OPERATING FEES FOR PARKS AND RECREATION, PLANNING, ENGINEERING, BUILDING, AND FIRE SERVICES WHEREAS, the City Council performs certain services and issues permits and licenses, which benefit specific individuals and businesses; and WHEREAS, the cost of performing such services and issuing such permits, and licenses are to be paid by those individuals and businesses that receive such services, permits, and licenses; and WHEREAS, those fees charged for such services, permits, and licenses provided by and/or through the Parks and Recreation, Community Development, Engineering, Building, and Fire Departments, no longer reflect the true costs of providing such services, permits, and licenses; and WHEREAS, costs for services, permits, and licenses provided by and/or through the Parks and Recreation, Community Development, Engineering, Building, and. Fire Departments that benefit specific individuals and b~sinesses have been clearly identified; and WHEREAS, the City of Arroyo Grande adopted Ordinance No. 408 C.S. that authorizes amending fees for Planning and Engineering processing and permitting be established by resolution; and WHEREAS, the City of Arroyo Grande has adopted Resolution 3203 that established specific fees for Parks and Recreation Services; and WHEREAS, the City of Arroyo Grande has proposed and made available to the public, data indicating the estimated cost of providing Fire services and the current and proposed fees for such services; and WHEREAS, the City Council has considered at a regularly scheduled City Council meeting the question of whether or not to adjust or establish operating fees for City services to reflect the estimated amount that is required to sufficiently compensate the City for providing such services; and WHEREAS, at said public meeting, the City Council considered all oral and written presentations that were made regarding operating fees. ---,,~- -_.--- RESOLUTION NO, PAGE 2 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The schedule of fees attached hereto as Exhibit "An and incorporated herein by this reference, entitled "Schedule of Operating Fee Recommendations, Fiscal Year 2004-05" is hereby adopted. 2. This Resolution shall be effective on July 1, 2004. 3. Fees shall be adjusted annually by modifying the adopted value up or down in conformance with the Consumer Price Index for the Los Angeles region. The factor for the adjustment of the fees shall be calculated and established each January by the Director of Financial Services, utilizing the following formula: Factor = 1 + Current Index - Base Index for Date of Adoption Base Index for Date of Adoption On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: . AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of ,2004. -_._...~ RESOLUTION NO, PAGE 3 TONY M, FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY -"----"--'--'-'" .." EXHIBIT A CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2004-05 Current January 2004 Proposed Service Fee CPI Increase ENGINEERING: Annexation $ 2,630 1.8% $ 2,675 Conditional Use Permit 950 1.8% 970 Grading Permit 2,020 1.8% 2,055 Lot Line Adjustment 2,430 1.8% 2,475 Parcel Map 1,075 1.8% 1,095 Pre-Application 185 1.8% 190 Tract Map 3,960 1.8% 4,030 Encroachment Permit-Residential 60 1.8% 61 Encroachment Permit-Commercial 120 1.8% 122 ~_.__.- EXHIBIT A CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2004-05 Current January 2004 Proposed Service Fee CPI Increase FIRE DEPARTMENT: Permit Inspection $ 310 1.8% $ 315 Hydrant Flow Calculation 145 1.8% 150 Fireworks Permit 110 N/A 110 Failed 2nd Inspection 90 1.8% 92 Burn Permit 25 1.8% 26 Excessive False Alarm 52 1.8% 53 EXHIBIT A CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2004-05 Current January 2004 Proposed Service Fee CPI Increase PLANNING: Appeals CD Director to Planning Commission $ 200 1.8% $ 205 Planning Commission to City Council. 200 1.8% 205 ARC Review Within P.O. Zone 430 1.8% 440 Outside P.O. Zone 230 1.8% 235 Minor Project 70 1.8% 71 ARC Review Amendment Within P.O. Zone 430 1.8% 440 Outside P.O. Zone 230 1.8% 235 Minor Project 230 1.8% 235 Cert. Of Compliance Within P.O. Zone 675 1.8% 685 Outside P.O. Zone 470 1.8% 480 CUP Within P.O. Zone 1,250 1.8% 1,275 Outside P.O. Zone 1,040 1.8% 1,060 CUP Amendment Within P.O. Zone 895 1.8% 910 Outside P.O. Zone 690 1.8% 700 Development Agreement 2,100 1.8% 2,140 Dev. Code Amendment 1,295 1.8% 1,320 GPA 1 ,420 1.8% 1,450 Home Occupation Permit 50 1.8% 51 Large Family Daycare 275 1.8% 280 LLA Within P.O. Zone 825 1.8% 840 Outside P.O. Zone 625 1.8% 635 Lot Merger 625 1.8% 635 Meeting continuance 135 1.8% 137 Minor Exception 270 1.8% 275 Planned Development/Rezoning 1,195 1.8% 1,220 Planned Dev. SPFC/GDPA 1,195 1.8% 1,220 Planned Unit Development Permit Processed with Tentative Map 1,195 1.8% 1,220 Processed along 1,195 1.8% 1,220 PC InterplWaive/Reference 425 1.8% 435 Plot Plan Review 235 1.8% 240 Pre-Application 325 1.8% 330 Research 70 1.8% 71 ---... EXHIBIT A CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2004-05 Current January 2004 Proposed Service Fee CPI Increase PLANNING (continued): Reversion .to Acreage Within P.O. Zone 430 1.8% 440 Outside P.O. Zone 230 1.8% 235 Rezoning 1,195 1.8% 1,220 Signs Planned Sign Program Within P.O. Zone 635 1.8% 645 Outside P.O. Zone 430 1.8% 440 Administrative Sign Permit 70 1.8% 71 Administrative Sign Program 170 1.8% 175 Mural Permit 170 1.8% 175 Specific Plan 3,675 1.8% 3,740 Specific Plan Amendment 1,195 1.8% 1,220 TUP 110 1.8% 112 Tentative Parcelrrentative Tract Map Within P.O. Zone 1,035 1.8% 1,055 Outside P.O. Zone 830 1.8% 845 Tentative ParcelfTentative Tract Map Amendment Within P.O. Zone 1,035 1.8% 1,055 Outside P.O. Zone 830 1.8% 845 Time Extension Within P.o. Zone 530 1.8% 540 Outside P.O. Zone 320 1.8% 325 Variance Within P.O. Zone 1,035 1.8% 1,055 Outside P.O. Zone 830 1.8% 845 Vesting TPMrrTM Within P.O. Zone 1,035 1.8% 1,055 Outside P.O. Zone 830 1.8% 845 Viewshed Review Staff Review 360 1.8% 365 Planning Commission Review 360 1.8% 365 .----......- ~_.~ - EXHIBIT A CITY OF ARROYO .GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2004-05 Current January 2004 Proposed Service Fee CPI Increase RECREATION: Park Facilitv Use Fees Strother Park-large Barbecue $ 61 1.8% $ 62 Strother Park-Security Deposit 28 1.8% 29 Strother Park-Small Barbecue 31 1.8% 32 Strother Park-Wedding Reception 121 1.8% 123 Strother Park-Security 1,2,3 61 1.8% 62 Elm Street Park-Barbecue ~1 1.8% 62 Elm Street Park-Security Deposit 27 1.8% 28 Soto Sports Complex Use Fees Campbell Field Rental Fee 12 1.8% 13 PUg Field Rental Fee 12 1.8% 13 Santos Field Rental Fee 12 1.8% 13 Volunteer Field Rental Fee 12 1.8% 13 Volunteer Field with lights Rental 30 1.8% 31 Ikeda Field Rental 12 1.8% 13 Ikeda Field with lights Rental 30 1.8% 30 Porter Field Rental Fee 18 1.8% 18 Porter Fieldwith lights Rental 35 1.8% 36 Tennis Court Rental-1 Hour 6 1.8% 6 Tennis Courts - 4 Rental 88 1.8% 90 Food Booth Rental Fee (Soto) 30 1.8% 31 Meeting Room Rental Fee 18 1.8% 18 Field Prep Fees (except Porter) 18 1.8% 18 Field Prep Fees - Porter 30 1.8% 31 Tournam Sch. & Coordin Fee 59 1.8% 60 Tournament Deposit Fee 233 1.8% 237 Woman's Club Use Fees Rental Fee 38 1.8% 39 Elm Street Comm. Ctr Use Fees Rental Fee 24 1.8% 24 Adult Sport league Fees Adult Softball-Spring 461 1.8% 469 Adult Softball-Summer 460 1.8% 468 Adult Basketball 502 1.8% 511 Non-Resident Fee 8 1.8% 8 ~- ---.-" EXHIBIT A aTYOFARROYOGRANDE Schedule of Operating Fee Recommendations Fiscal Year 2004-05 Current January 2004 Proposed Service Fee CPI , Increase Child Care Program Fees Pre-Sch 1- Time Registration Fee 5.70 1.8% 5.80 AM/PM CIM-Elm Street 2.60. 1.8% 2.65 AM/PM CIM.-Branch Sch. 2.30 1.8% 2.35 AM/PM CIM-Ocean 2.30 1.8% 2.35 AM/PM CIM-Harloe 2.30 1.8% 2.35 CIM -One Time Reg. Fee 11.40 1.8% 11.60 Summer Playground-Strother Pk 1.80 1.8% 1.85 Summer Playground-Elm Street 1.80 1.8% 1.85 Holiday Playground Programs 1.80 1.8% 1.85 Child Care Program Fees - Resident Discount Play & Learn- Tues & Thur. 2.60 1.8% 2.65 Play & Learn-Mon, Wed & Fri. 2.60 1.8% 2.65 Kindergartens in Training 2.60 1.8% 2.65 Summer Play & Learn 2.60 1.8% 2.65 Child Care Proaram Fees - Non Residents Play & Learn-Tues & Thur. 3.10 1.8% 3.15 Play & Learn-Mon, Wed & Fri. 3.10 1.8% 3.15 Kindergartens in Training 3.10 1.8% 3.15 Summer Play & Learn 3.10 1.8% 3.15 - ----" 11.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE;- DON SPAGNOLO, PUBLIC WORKS DIRECTOR/CITY ENGINEE SUBJECT: CONSIDERATION OF LOPEZ WATER TREATMENT PLANT UPGRADE DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended the City Council receive and accept the San Luis Obispo County staff presentation on the proposed Lopez Water Treatment Plant Upgrade Project for Flood Control Zone 3. FUNDING: Should the Flood Control Zone 3 proCeed with the construction of the Lopez Water Treatment Plant Upgrade, the City will be responsible for 50.55% of the cost. Depending on the total project cost; the amount of Zone 3 reserves used for the project; and the amount of State Revolving Funds available for the project; the bimonthly Lopez water rate charged to customers could increase annually between 8% and 98%. DISCUSSION: Representatives of San Luis Obispo County recently advised the Zone 3 Finance Committee and the Technical Advisory Committee of the need and potential financing of a water treatment plant upgrade. Because the City of Arroyo Grande is responsible for 50.55% of operation, debt service, and capital outlay expenses, and in an effort to fully inform all Zone 3 participants, these representatives are prepared to present to the City Council and citizens, a report on the Lopez Water Treatment Plant Upgrade Project. The current water treatment plant was constructed in 1969 to process drinking water supplies to the residents of Arroyo Grande, Pismo Beach, Grover Beach, Oceano, and Avila Beach. This plant is currently purifying six million gallons per day (mgd) of water. Zone 3 is considering an upgrade to the water treatment plant in order to be in compliance with current and pending water quality regulations; to replace aging infrastructure; to ensure the plant is seismic safe; and to improve the reliability of the system. The proposed water treatment plant upgrade will modify the filtration system; change the post-disinfectant treatment from chlorine gas to sodium hypochlorite; construct ancillary facilities to support the process changes; and conduct testing of the pretreatment and membrane systems to ensure improved water quality. _..~~.__.__.- CITY COUNCIL CONSIDERATION OF LOPEZ WATER TREATMENT PLANT UPGRADE APRIL 27, 2004 PAGE 2 Attachment 1, a report from San Luis Obispo County staff, covers background, the necessity for the project, a description of the project, and an estimate of the cost of the project. An oral presentation at the City Council meeting will expand on this report and answer City Council questions. It is important to note the upgrade only provides for the production of six million gallons of water per day (mgd). However, the design of the building housing the new membrane filters is anticipated to provide for an additional. 7 mgd of available reservoir surplus water provided additional membranes are added. Such an expansion will increase the total production to 6.7 mgd. Future supplies from other water sources, such as water from the Nacimiento Reservoir, have not been included in the upgrade. Staff believes that it is important to provide expansion sufficient to accommodate additional water resources. The cost of the water treatment plant upgrade, which was originally estimated at $18,400,000, was to have been financed through the State Revolving Fund (SRF), a low interest rate program administered through the Department of Health Services. However, design changes supported by the County Design Engineer and the Technical Advisory Committee, a construction contingency, and the escalation of construction costs since the original loan documents were submitted, have increased the upgrade costs to $19,600,000 (rounded to $20 million). The County is in the process of revising the SRF loan application from $18.4 million to $20 million. Since the State has not approved the revised loan application, the County has provided various financing options based on both construction amounts. County staff provided Attachment 2, which provides six different plant upgrade financing scenarios and the cost to Arroyo Grande of each scenario. The six scenarios can be divided and described as follows: $20 Million Project 1. 100 % financed through a State Revolving Fund (SRF) Loan 2. 80% financed with SRF Loan and 20% bond financing 3. 80% financed with SRF Loan and 20% by Zone 3 Agencies $18.4 Million Project 4. 100 % financed through a State Revolving Fund (SRF) Loan 5. 80% financed with SRF Loan and 20% bond financing 6. 80% financed with SRF Loan and 20% by Zone 3 Agencies As shown above, these scenarios are actually three different financing proposals for each of the two construction estimates. Two proposals finance the entire amount through either the State Revolving Fund or a combination of the SRF and bond financing. The third proposal would require the City to pay 20% of the project cost in FY 2005..06 amounting to CITY COUNCIL CONSIDERATION OF LOPEZ WATER TREATMENT PLANT UPGRADE APRIL 27, 2004 PAGE 3 either $2,022,000 or $1,860,240, depending on the project cost. Below is a schedule of the Arroyo Grande debt service cost for each proposal over the next four years. In FY 2005/06, the most expensive option is the one time payment of the City's share of 20% of the project cost. In FY 2006/07, the interest payment on the 20% bond financing makes that option the most expensive. As shown in FY 2007/08 and 2008/09, the 80% SRF financing and 20% bond financing options are more cost effective than the 100% SRF financing. FY 2005/06 FY 2006/07 FY 2007/08 FY 2008/09 $18.4 Million 100% SRF 707,063 832,015 1,176,491 1,176,200 80% SRF & 20% Bond 867,475 992,427 1,089,864 1,089,573 80% SRF & 20% City 2,567,379 832,091 929,528 929,237 $20 Million 100% SRF 717,269 849,682 1,230,318 1,230,027 80% SRF & 20% Bond 891,547 1,023,961 1,136,158 1,135,868 80% SRF & 20% City 2,739,269 849,682 961,880 961,589 The City's Lopez Fund collects just enough revenue, through the sale of Lopez water to utility customers, to pay Zone 3 for its share of debt service, operation and maintenance costs, and small amounts of capital purchases. The Fund endeavors to be revenue neutral, i.e. neither making a profit nor building cash reserve. This basic philosophy affects customer's Lopez water rates because when the Lopez operations, debt service, or maintenance costs increase, the cost is passed along to water customers through higher rates. Customers are also affected when large one-time expenses occur since the Fund does not accumulate adequate reserves to accommodate large cash outlays. Examples of one-time costs dramatically affecting rates are the two proposals (three & six) for the City to contribute 20% of the treatment plant upgrade in FY 2005/06. These two proposals would require the Lopez Fund (and water customers) to pay approximately $2 million dollars in one year. These one:-time payments could cause the Lopez Water Rate to increase from a bimonthly rate of $41 to $81 (97% increase) in FY 2005/06 to be followed the next year by a decrease of $35. The table on the following page provides an overview of the estimated Lopez bimonthly water rates for each financing option. - ----~-~--_..._--- CITY COUNCIL CONSIDERATION OF LOPEZ WATER TREATMENT PLANT UPGRADE APRIL 27, 2004 PAGE 4 Increased Cost Financina Qctions Current FY 05/06 FY 06/07 FY 07/08 FY 08/09 $18.4 Million 100% SRF 41.10 4.50 4.50 4.50 4.50 80% SRF & 20% Bond 41.10 4.25 4.00 4.00 4.00 80% SRF & 20% City 41.10 20.00 (15.00) 4.25 4.25 $20 Million 100% SRF 41.10 4.75 4.75 4.75 4.75 80% SRF & 20% Bond 41.10 4.00 4.50 4.50 4.50 80% SRF & 20% City 41.10 40.00 (35.00) 4.50 4.50 These rate projections are provided for information purposes only. Before staff presents a proposed Lopez water rate schedule, the water treatment plant upgrade cost must be determined, the financing method settled on, and the City's share of that cost calculated. As with the attached San Luis Obispo County report and schedules, this report is provided for information purposes only. AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Accept the San Luis Obispo County report on the proposed Lopez Water Treatment Plant Upgrade Project; - Reject the report; - Provide direction to San Luis Obispo County and City staff. Attachments: A. San Luis Obispo County Lopez Water Treatment Plant Memorandum. S. Attachments 1 through 6 - Flood Control Zone 3 Billing Estimates. A TT ACHMENT A To: Christine Ferrara, Carmen Fojo Date: April 12, 2004 From: Rachael Wark Reference: 034-10 Subject: Lopez WTP Upgrade Project Community Meetings The purpose of this document is to discuss the Lopez Water Treatment Plant (WTP) Upgrade Project (Project), including: . Background information on the Lopez WTP . Reasons why the Lopez WTP Upgrade Project is needed; . A Description of the Project scope and current status; and . An Estimate of Project costs. BACKGROUND The Lopez WTP, operated by Zone 3 of the County of San Luis Obispo's Flood Control and water Conservation District (District), provides drinking water supplies to over 45,000 residents within the Cities and Communities of Arroyo Grande, Pismo Beach, Grover Beach, Oceano and A vila Beach. Constructed in 1969, the conventional treatment plant has operated without upgrade or expansion at capacity of 6 million gallons per day (mgd). A recent audit of the Lopez WTP revealed that a plant upgrade was necessary to ensure the continued delivery of high quality water supplies to the District's customers. . LOPEZ WTP UPGRADE PROJECT Why is the Lopez WTP Upgrade Project Necessary? The District is implementing an upgrade to the Lopez Water Treatment Plant in order to: ./ Ensure Compliance with Current/Pending Regulations, Upgrades to the treatment process at the plant will be required to ensure compliance with current and pending water quality regulations regarding: - Turbidity, a measure of the cloudiness of the water; - Trihalomethanes (THMs), a by-product of chlorine disinfection that is a suspected carcinogen; - Cryptosporidium. a protozoan that causes a diarrheal disease known as cryptosporidiosis which can be life-threatening to individuals with weakened immune systems; and - Other microbial pathogens. ./ Address Aging Infrastructure and Structural Integrity, Constructed in 1969, much of the equipment at the 35-year-old Lopez WTP is approaching the end of its useful life and needs to be replaced. In addition, since the WTP was designed for lower seismic loading than current Ms. Christine Ferrara 2 April 12, 2004 Ms. Carmen Fojo requirements, it will be necessary to seismically upgrade several facilities including the 2.1 MG Clearwater Reservoir, the Domestic Water Tank, the Administration building, and the Chemical building, ./' Improve Worker Safety and System Reliability, Other improvements to the WTP are required to ensure a safe working environment for Plant staff and to improve the reliability of the system. What is the Scope of the Lopez WTP Upgrade Project? The Lopez WTP Upgrade Project involves several improvements to ensure a safe, reliable water supply in response to changing regulations while meeting the District's baseline needs to its customers. Major upgrades include: (1) modifications to the pretreatment and filtration systems in order to improve the reduction of turbidity; (2) change of post-disinfectant from chlorine gas to sodium hypochlorite in order to improve worker safety; and (3) the construction of ancillary facilities to support the process changes. This project also includes extensive pilot testing of the pretreatment and membrane systems to ensure that the water quality improvements are achieved. The following provides a summarized list of Project improvements: . Administration Building Remodel . New Laboratory/Control Building . New Chemical Storage Building and associated chemical feed systems . New pretreatment facilities . New membrane filtration system . Finished water reservoir modifications . Solids handling and washwater recovery systems . Electrical and instrumentation upgrades Although the project improvements will not increase the existing capacity of the WTP (6.0 mgd), the design of the building footprint will accommodate an increase in capacity to 6.7 mgd, should the District decide such an expansion is warranted in the future. What is the Benefit ofthe Lopez WTP Upgrade Project? In addition to addressing the aforementioned project drivers (regulatory compliance, aging infrastructure, worker safety, etc), one of the main benefits of the Lopez WTP Upgrade Project is that it ensures (along with the Remediation project) the long term use of Lopez Water for the South County. What is the Status of the Lopez WTP Upgrade Project? The District has recently conducted a "Value Engineering" (VE) review of the preliminary design for the project to help identify potential changes that could save money or add value to the Project. This process resulted in the identification of two cost-saving recommendations for the Project: . Down-size the ammonia tank (estimated $91,000 savings) . Delete the motor feeder disconnects (estimated $6,800 savings) Ms. Christine Ferrara 3 April 12, 2004 Ms. Carmen Fojo The Design Engineer is currently working on finalizing the Basis of Design Report for the project to incorporate the recommendations from the VE process and other comments from District staff. Another important activity currently taking place is the continued pilot testing of the membrane system. Future milestones for the Project are listed below: . April 2004 - Complete Conceptual Design (i.e., Basis of.Design Report) . November 2004 - Complete Pilot Testing . December 2004 - Complete Project Design . January 2005 - Advertise for Construction Contractor . June 2005 - Start Construction . January 2007 - Finish Construction How Much Will the Project Cost? Prior to the initiation of the VE Process, the estimate for the Lopez WTP Upgrade project was approximately $18.4 Million. This preliminary estimate served as the basis for the State Revolving Fund (SRF) low interest loan application to the Department of Health Services (DHS). As a result of the VE process, this budget has been revised to incorporate the following recommendations supported by the Design Engineer and agreed to by the Technical Advisory Committee (T AC): 1. Incorporate two design changes (downsize the ammonia tank and delete the motor feeder disconnects), to reduce project costs by approximately $100K. 2. Because there has been a delay in the estimated start of construction since the time the original SRF loan cost estimate was developed, an esoalation factor of 4.5% should be added to the construction costs to reflect the new mid-point of construction, 3. A construction contingency of 5% should be added to the final construction costs to accommodate potential construction change orders on the project. 4. 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CI) 0 ~_ 0 O .... - 0 IIIN...J _e: O:::,,::CO 0 .........., 10 OCl)"o.o.. -+' I....~ <:f': -""'\ - CU .- Q....... .. :J e: ::I Q. O 0 cu C:oo:::t:t:-!So 0 OC'Cl ~ ..- CD E III ...J C/) S s: ;:; 0::: Z _ U . . :- > ,- U) III J! $ ...,J -.., .... '- .- 0 ..- d' I 0 C i & ~ Z ..... ~ 10 W ~ 0 0 0 t CI) Z .....NC')~II) CO.... coO) 0 .....NM~lI)co....CO 0) 0 0..... N M ~ &:: ... ..................................N NNNNN W _._..._-----~_...- 11.b. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF THE ARROYO GRANDE CREEK HABITAT CONSERVATION PLAN DATE: APRIL 27, 2004 RECOMMENDATION: It is recommended that the Council review and provide input regarding the Arroyo Grande Creek Habitat Conservation Plan (HCP). FUNDING: The HCP establishes three reserve accounts as follows: . Unforeseen Circumstances Reserve: there will be two accounts funded for $100,000 each, to cover costs of two potential catastrophic creek related incidents over the next 20 years; . Monitoring Reserve: this reserve account will be funded with $50,000 per year for 20 years for the purpose of field data collection and analysis within Flood Control Zone 3. The results of this study will be used to evaluate the performance of the HCP; . Conservation Reserve: this reserve account will be funded with $50,000 per year for 20 years, for the purpose of public educational programs within Flood Control Zone 3 and non-flow related projects within the Arroyo Grande Creek. These accounts will be funded by the participating agencies of which Arroyo Grande's share is 50.55%. DISCUSSION: The County Public Works Department, acting on behalf of the Zone 3 Flood Control and Water Conservation District, has initiated efforts to revise the existing water rights permit to reflect historical operations including reservoir storage and direct diversion of the water stored in the reservoir. As part of the process, the County is preparing an HCP. _ _ _ ,_,._____~__._____w CITY COUNCIL CONSIDERATION OF THE ARROYO GRANDE CREEK HABITAT CONSERVATION PLAN APRIL 27,2004 PAGE 2 The purpose of the HCP is to comply with the Federal Endangered Species Act. The HCP documents the technical and scientific basis for the proposed conservation actions for protecting the southern steelhead trout and the California red-legged frog, based on the best scientific and commercial data available for Arroyo Grande Creek. Operations, maintenance, habitat improvements, and protective measures identified as part of this HCP will be the sole responsibility of the District. The plan as presented does not impact municipal use or the City's current water entitlement. There may however be minimal impact to the availability of surplus water available. Objectives of the HCP are to (1) reduce mortality and enhance habitat immorality for steel head and red-legged frogs within Arroyo Grande Creek; and (2) promote recovery . of steel head trout and red-legged frogs. The HCP boundaries include Arroyo Grande Creek downstream from Lopez Dam to the flood control channel (Fair Oaks Boulevard), a distance of approximately 10 miles. The HCP boundaries extend laterally from the Arroyo Grande Creek channel to encompass riparian land along the creek supporting ecological processes associated with habitat of steel head and red-legged frogs. The proposed duration of this HCP, and the associated incidental take permit, is 20 years, from 2005 through 2025. The actual initiation date for the HCP will be based on final approval of the plan and issuance of the associated incidental take permit. The County Public Works Department will be making a presentation to the Council regarding the preparation of the HCP, the background, provisions for the protection of habitat and the estimated cost to implement the plan. An executive summary of the report is provided for Council review. The complete HCP document is voluminous and is available for review at the Public Works/Engineering Office. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation; . Provide inputto County staff regarding the HCP. Attachment: 1. Executive Summary ---~~------- Attachment 1 EXECUTIVE SUMMARY San Luis Obispo County Flood Control and Water Conservation District Zone 3 (District) operates and maintains Lopez Reservoir, in the Arroyo Grande Creek watershed, for municipal and agricultural water supplies. The AlToyo Grande Creek watershed downstream of Lopez Dam also provides habitat for a variety of fish and wildlife species including southern anadromous steelhead (Oncorhynchus mykiss) inhabiting the South- Central California Coast Evolutionary Significant Unit (ESA) and California red-legged frogs (Rana aurora draytonii). Both steelhead and red-legged frogs are threatened species under the Federal Endangered Species Act. Operation of the reservoir and associated releases into AlToyo Grande Creek, in addition to .other operations and malntenance activities performed by the District associated with the ptoject, affect the quality and availability of habitat for steelhead and red-legged frogs, and may result in direct or indirect incidental take of these protected species. To comply with the Endangered Species Act, and provide. incidental take authorization for steelhead and red-legged frogs resulting from District open;s.tions and maintenance activities affecting Arroyo Grande Creek, there is a need for incidental take authorization for covered activities while providing enhanced habitat conditions and protection for both red-legged frogs and southem steelhead. Section 10(a)(1)(B) of the Endangered Species Act permits a non-federal entity to obtain incidental take authorization for protected species as a result of covered activities through development of a Habitat Conservation Plan (RCP). The District has developed the following HCP, describing commitments and assurances associated with implementation of measures to avoid, minimi7.e, and mitigate impacts of District activities on steelhead and red- legged frogs within Arroyo Grande Creek downstream of Lopez Dam, and to obtain an incidental take permit Wlder the Federal Endangered Species Act for authorized and covered activities. The HCP would also serve as the basis for compliance with the California gndangered Species Act (California Fish and Game Code 2080.1) in the event that either c~vered species is subsequently listed by the state, The purpose of the HCP is to authorize the District for inCidental take from current and anticipated operations of the Lopez project, while providing protection for steeJhead and California red-legged frogs. The HCP documents the technical and scientific basis for the proposed conservation actions, based on the .best scientific and commercial data available for Arroyo Grande Creek. Operations, maintenance, habitat improvements, and protective measures identified as part of this HCP will be the sole responsibility of the District The HCP bOWldaries include Arroyo Grande Creek downstream from Lopez Dam to the flood control channel (Fair Oaks Boulevard), a distance of approximately 10 miles. The HCP boundaries extend laterally from the Arroyo Grande Creek channel to encompass riparian land along the creek supporting ecological processes associated with habitat for steelhead and red-legged frogs. The designated HCP boundaries encompass land and facilities owned by the District, as well as lands owned by others. Habitat enhancement or conservation measures within the desigtiated HCP boundaries on lands not owned or managed by the District are not, however, precluded from consideration under this HCP. With the concurrence of willing landowners, the District will secure environmental County of San Luis Obispo, Draft Arroyo Grande Creek HCP ES-l - -~.__.- .-'.'.---,.-".----"^"-- - easements and access on private lands to develop non-flow habitat improvement projects along the creek corridor. The District requests authorization for incidental take of steelhead and red-legged frogs within the HCP boundaries associated with the following covered activities: . Reservoir storage; . Uncontrolled spills and managed instream flow releases; . Municipal water treatment and supply, including backwash water disposal and water sampling activities; . Water releases for inigated agriculture; . Rainfall and streab1 gaging; . Dam and stream channel by the District in Arroyo Grimde Creek; Lopez Dam and Reservoir operations; . Arroyo Grande stream gage removal and replacement and other habitat enhancement actions implemented as part of this RCP; . Instream flow releases exceeding flows established by this HCP; and . Channel and facility maintenance by the District in Arroyo Grande Creek. The proposed duration of this HCP, and the associated incidental take permit, is 20 years, from 2005 through 2025. The actual initiation date for the HCP will be based on final approval of the plan and authorization of the associated incidental take permit Objectives of the HCP are to (1) reduCe mortality and enhance habitat for steelhead and red-legged frogs within Arroyo Grande Creek; and (2) promote recovery of steelhead and red-legged frogs. The HCP pr~poses a conservation strategy, which will: . Minim17.e and avoid adverse impacts that would jeopardize the species; . Provide habitat enhancements to compensate for unavoidable losses; and . Implement actions to protect covered species and promote their recovery. Specific objectives of the HCP are: . Follow instream flow sch~ule in A,royo Grande Creek., using managed releases from Lopez Reservoir to (1) enhance instream habitat for steelhead; (2) reduce or avoid adverse impacts from dewatering steelhead habitat; and (3) reduce or avoid adverse impacts of instream flows on red-legged frog habitat; . Implement habitat improvement and actions to reduce or avoid impacts and enhance habitat conditions to benefit steelhead and/or red-legged frogs; . Avoid, minimize, and mitigate advetse impacts on covered species, from facility operations and maintenance activities under the direct authority of the District; County ofSsn Luis Obispo, Draft Arroyo Grande CreekHCP ES-2 -~--_.. . Releases from Lopez Reservoir to Arroyo Grande Creek, varying with inter- and intra-annual hydrologic conditions, to protect and enhance habitat for various lifestages of steelhead; . Provide for impro~ements in stee1head uiigration; Provide opportunities for habitat enhancement for covered species; . . . Provide assurances to the District consistent with the USFWS "No Surprises Rule"; and . Provide incidental take authorization for the District impacts to covered species included as part of this RCP. To accomplish the goals and objectives outlined above, the RCP evaluated alternative conservation strategies. A proposed (preferred) alternative was selected and is comprised of: - . . Releases from Lopez D~ to.improve habitat quality and availability for various lifestages of steelhead, including: 0 Spawning and egg incubation flows between January 1 - April 30: release 6 cubic feet per second (cfs) if December 31 reseryoir storage is greater than 30,000 AF. Ifreservoir storage is less than 30,000 AF, but greater than 25,000 AF, release 3 cfs or the average inflow over the previous 14 days, whichever is less, Ifreservoir storage is less than 25,000 AF, the Technical Committee would be consulted to e~blish instream flow releases; 0 Steelhead passage and attraction flows between February 1 through April 30: consecutive five (5) day release of 20 cfs each month if reservoir storage is greater than 30,000 AF. Ifpossible, passage flow releases would coincide with increased stream:t1ow from runoff within the watershed. To the extent that naturally occurring streamflow at Lopez Dam (e.g., reservoir spill) meets the 20 cfs passage criteria, no additional releases would be required from Lopez Reservoir to meet requirements of an individual passage event Releases from Lopez Reservoir may be required to supplement naturally occurring flows, both in magnitude and duration, to achieve the passage criteria; 0 Juvenile steelhead rearing flows between May 1 to June 30 and September 1 to December 31: release 3 cfs if April 30 reservoir storage is greater than 30,000 AF, Ifreservoir storage is less than 30,000 AF, but greater than 25,000 AF, release 3 cfs or a flow equal to average inflow over the previous 14 days, whichever is less, If r~~ervoir storage is less than 25,000 AF, the Technical Comniittee would be consulted to establish instream flow releases; 0 Juvenile steelhead rearing flows between July 1 to August 31: release - reservoir inflow or 3 cfs, whichever is greater, . Manage reductions in reservoir releases below 100 cfs in accordance with an established ramping rate schedule; . Manage increases in reservoir releases, to the extent practical, at a ramping rate not to exceed 10 cfs per hour to protect red-legged frogs; County of San Luis Obispo, Draf~ Arroyo Grande Creek HCP ES-3 .. . Remove the existing Arroyo Grande stream gage, which has been identified as a significant passage impediment, to facilitate steelhead migration; . FUnd the Arroyo Grande RCP Conservation Account with a total contribution over the 20-year duration of the RCP of $1,000,000. Allocations to the Conservation Account would be $50,000 per year. Habitat improvement projects funded by the Conservation Account would be recommended by the RCP Technical Committee, representing the USFWS, NOAA Fisheries, California Department ofFish and Game (CDFG), and the District. Funding for habitat enhancement actions provided through the HCP Conservation Account may be augmented with grant funds from state, federal, private, or other sources, Non-flow habitat enhancement projects funded through the Conservation Account may include: 0 Steelhead spawning gravela.ugmentation andlor gravel cleaning; 0 Improvements in fiSh passage at the low-flow road crossing located within the flood control reach and culverts at. the Cecchetti Road crossing; 0 In.-channel habitat improvement projects to improve summer rearing '. habitat and cover for juvenile steelhead, and steelhead spawning areas; .... 0 Solicit and secure environmental casements and right-of-way agreements. from willing private landowners along the Arroyo Grande Creek to improve channel bank stability and reduce erosion, and for riparian vegetation planting; 0 Design and construct in-channel backwater areas and/or off-channel ponds to provide shelter, rearing, and breeding habitat for red-legged frogs. . Develop and implement Best "Management Practices (BMPs) for stream maintenance and vegetation control; and . Develop and implement a public education/awareness program. Monitoring performance of project elements implemented under" this HCP, and overall performance of the HCP in enhancing habitat for stee1head and red-legged frogs, is an integral part of the program, As part of this HCP, the District will commit $50,000 per year, or equivalent in-kind services, over the 20-y'ear duration of the HCP, for monitoring and performance evaluation in Arroyo Grande Creek. The financial commitment to the moDitoring account will support (1) water quality/temperature and hydrologic monitoring in Airoyo Grande Creek; (2) monitoring of species abundance, geographic distribution, habitat use, habitat condition, and sources of mortality to steelhead and red-legged frogs; (3) monitoring of incidental take for covered species; (4) monitoring and performance evaluations for habitat enhancement actions implemented ~der this RCP; and (5) compilation of monitoring results from other watersheds in the region useful for evaluating the status and trends of covered species. Monitoring performed as part of the HCP will also support an adaptive management decision-making process and provide scientific information for use by the Interagency Technical Committee in identifying priority actions for implementation as part of the HCP, in addition to modifying and refming actions based on the monitoring results and evaluation of performance of the HCP program. Analysis 'of the proposed (preferred) alternative shows that these actions would improve the quality and availability of habitat within Arroyo Grande Creek for steelhead and red.-legged frogs. These activities would also reduce incidental take to steelhead and red- County of San Luis Obispo, Draft Arroyo Grande Creek HCP ES-4 -~_.. legged frogs from operation and maintenance of the Lopez proj ect, and releases to Arroyo Grande Creek. The proposed alternative would, however, contribute to other adverse environmental consequences. including reductions in reservoir storage and water surface elevation within Lake Lopez that would (1) impact water supply availability; (2) impact recreation within the lake, including boating, water skiing, and angling; (3) potentially impact spawning success and habitat availability for warm water fish species inhabiting the reservoir. Implementation of the HCP would not result in an increase in water supply availability for municipal or other use (i.e., would not contribute to growth inducement within the region), but would reduce reservoir storage and water supply availability in some years. Construction activity associated with fish passage facility improvements (e.g., removal of the existing stream gage) and installation of non-flow habitat enhancement projects would also result in temporary, localized, increases in turbidity and.suspended sediment concentrations. The propos~~ (preferred) alternative would also increase water rates charged by the District to fund activities identified in the HCP. Habitat enhancement and protective measures identified within the HCP are within the direct control and authority of the District, The effectiveness and biological benefits resulting from these actions, however, may be influenced or modified by non-District actions that affect habitat conditions for steeJhead and red-legged frogs within and along the AiToyo Grande Creek conidor, Activities such as riparian water diversions, changes in land use, accelerated. channel erosion, limitations and constraints on access by the District for perfonning non-flow habitat enhancement actions, and other natural and human-induced changes may all affect the biological success of the proposed HCP program, but are outside the control and authority of the District. Despite the identified and potential adverse environmental consequences and constraints, it was concluded that the preferred alternative is feasible and can be implemented by the District. It was further concluded that the preferred alternative would provide environmental benefits, enhanced protection, and improvements in habitat quality and availability within Arroyo Grande Creek for steeJhead and red-legged frogs. Covered actiVities by the District, however, would result in potential incidental take of steeJhead ancVor red-legged frogs, identified in this HCP and addressed through incidental take authorization by USFWS and NOAA Fisheries in compliance with Sections 9 and 10 oftbe Endangered Species Act. -. County of San Luis Obispo, Draft Arroyo Grande Creek HCP ES-5 ii.c. MEMORANDUM TO: CITY COUNCIL " FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~ BY: ~M BERGMAN, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF A PRE-APPLICATION REVIEW OF A MIXED-USE PROJECt WITH THREE COMMERCIAL AND THREE RESIDENTIAL OR OFFICE UNITS DATE: APRIL 27, 2004 RECOMMENDATION: Staff recommends the City Council review the proposed project and make suggestions and comments that can be incorporated into a future formal application. FUNDING: No fiscal impact to the city is anticipated from this project. DISCUSSION: Backaround The proposed project is to be located at West Branch Street and Traffic Way, which is a prominent entry to the Village of Arroyo Grande. The property is 5,512 square feet and total gross area including public rights-of-way used to determine density calculations is 8,048 square feet. The property is currently zoned Village Core Downtown (VCD), designated Village Core (VC) on the 2001 Land Use Map and is located within Design Overlay District 2.4 making it subject to the Design Guidelines and Standards for Historic Districts. Section 16.36.020 of the Municipal Code states: "The primary purpose of the VCD district is to provide for a combination of commercial, office, upper-story residential uses and compatible related development to promote pedestrian use and enjoyment of the downtown Village area. Regulations for the VCD district, combined with the historic character overlay district, promote and preserve older architectural styles compatible with the historical, small-town nature of Arroyo Grande. Typical uses may include, but are not limited to, second-story residential and office, specialty retail and studios, such as art galleries, bookstores, antique stores, flower shops, personal services, small markets and restaurants (without drive-through windows)." The property is improved with a 917 square foot real estate office, which is an apparent adaptive reuse of a service station. CITY COUNCIL SUBJECT: CONSIDERATION OF A PRE-APPLICATION REVIEW OF A MIXED-USE PROJECT WITH THREE COMMERCIAL AND THREE RESIDENTIAL OR OFFICE . UNITS APRIL 27, 2004 PAGE 2 OF 4 Figure 1, A view of the project site from across Traffic Way, Project The applicant proposes to subdivide the existing parcel into three lots. Each lot would contain a mixed-use building (all three buildings would appear to an adaptively reused historic mansion) that features ground floor commercial lease space and second floor residential or office space. First floor lease space is 847, 915, and 922 square feet. Second story residential units include one and two bedroom designs of 916, 983, and 1,020 square feet. Amenities include large closets and at least one balcony per unit. The building closest to the intersection of West Branch Street and Traffic Way emphasizes its location with a patio, improved landscaping and relocation of traffic control equipment. This design also serves to improve handicap access on an existing portion of sidewalk adjacent to Traffic Way. Presented below is Table 16.36.020 (A) of the Municipal Code, which describes building standards for the Village Commercial District, with appended attributes of the proposed project. As presented, the proposed project varies from Table 16.36.020 (A) only in lot size and lot width. In order to vary from these requirements the applicant will need to utilize Municipal Code provisions relating to Planned Unit Developments with their formal application. CITY COUNCIL SUBJECT: CONSIDERATION OF A PRE-APPLICATION REVIEW OF A MIXED-USE PROJECT WITH THREE COMMERCIAL AND THREE RESIDENTIAL OR OFFICE UNITS APRIL 27, 2004 PAGE 3 OF 4 Development Code Proposed Project Maximum Density Mixed Use 15 dwelling units per gross acre. 2.75 (2 - two-bedroom and I - one Project (2.77 Max for this site based upon gross bedroom) area. ) Minimum Lot Size 2,500 square feet. 1,373; 1,827 and 2,055 square feet after land dedication. Minimum Lot Width 25 feet 23 and two at 20 feet Front Yard Setback o - 15 feet. Structures typically built at 0 after land dedication. the back of sidewalk. Exceptions include entrance courtyards and areas for outdoor dining detennined through discretionary review. Rear Yard Setback 0- 15 feet. o to 51 feet. Street Side Yard Setback o feet. o feet Building Size Limits Maximum height is 30 feet or three 29' 5" front; 34' rear stories, whichever is less; a maximum of 36 feet is allowed through the MUP process. Maximum Building Size is 20,000 square feet. Site Coverage 100% coverage by buildings and 96% coverage by buildings and pavement. Maximum Floor Area Ratio pavement of2. (property only). Floor Area Ratio = .56 Pedestrian and Automobile Circulation Pedestrians will access first floor lease space from the front or the rear, while second floor offices or residential units will utilize entries at the rear of the building. Parking is accessed from Traffic Way and a handicapped space is provided. By current standards, the project is under-parked, but annexation into the Downtown Parking and Business Improvement Area, which allows in-lieu fees to make up for needed parking spaces, is currently being sought. The Public Works Department concerns include: compliance of the proposed handicap access and the need for an encroachment permit and a maintenance agreement for the parking lot and other facilities in the right-of-way. A second option available to the applicant by the Municipal Code is the use of off-site parking within 300 feet of the proposed project, subject to Use Permit Approval. As a partial "off-site" parking provision, the applicant is proposing to dedicate additional West Branch Street right-of-way to the City in order to enable a future wider curb to curb street and to potentially reconstruct a public sidewalk in front of the new buildings. This would allow for three on-street public parking spaces, two of which the applicant requests parking credit (the adjacent owners will request a similar proposal when they develop 145 W. Branch Street). The Planning Commission and City, Council will consider this on street CITY COUNCIL SUBJECT: CONSIDERATION OF A PRE-APPLICATION REVIEW OF A MIXED-USE PROJECT WITH THREE COMMERCIAL AND THREE RESIDENTIAL OR OFFICE UNITS APRIL 27, 2004 PAGE 4 OF 4 parking credit when the project applications are reviewed as compensation for right of way dedication. Exterior The initial exterior concept incorporates shiplap siding and shingles made from longwearing and low maintenance materials that resemble wood and a stone facing at the base of each building. The roofs are proposed to be of composite materials and incorporate a flat detail at the top, which mimics several structures within the Village area. Staff and Commission Review The Staff Advisory Committee reviewed the project on March 17,2004. The Community Development, Public Works, Building and Fire departments developed comments, concerns and early conditions (see attachment 2). Architectural Review Committee The Architectural Review Committee discussed the proposed project at its March 1, 2004 meeting. Discussion included coordinating development with the adjacent site, building materials, screening of rooftop equipment, door and window choices, and incorporation of signs. The Architectural Review Committee approved the Pre-Application design by a 3-2 vote with a minority suggesting more commercial storefront character and the majority supporting the proposed historic residential mansion character (see attachment 3). PlanninQ Commission The Planning Commission provided comments and concerns at its April 6, 2004 meeting. Commission Members' concerns included high proposed density and uses, splitting of a small lot into smaller lots, use of the public right-of-way and potential future widening of Traffic Way and the bridge, height of the proposed structure compared with the Village Centre, and parking. Commission suggestions included little or no residential use, no on- site and more off-site parking and a more commercial oriented landmark building (see attachment 4). Attachments: 1. Project plans 2. SAC meeting notes 3. ARC meeting notes 4. Draft Planning Commission minutes Attachment 2 . NOTES STAFF ADVISORY COMMITTEE (SAC) MARCH 17, 2004 10:00 A,M, STAFF ADVISORY COMMITTEE MEMBERS PRESENT: Victor Devens, Public Works; Terry Fibich, Fire; Rob Strong, Community Development Director; Dave Crockett, Code Enforcement Officer; Jim Bergman, Assistant Planner; Andrea Koch, Planning Intern. STAFF MEMBERS ABSENT: Larry Schmidt, Building; Dan Hernandez, Parks, Recreation, & Fadlities; Steve Andrews, Police (substituted by Dave Sanchez). APPROVAL OF NOTES: No discussion of approval of notes. ORAL COMMUNICATIONS: None. PROJECTS: A, PRE-APPLICATION REVIEW CASE NO. 04-006; APPLICANT - JOHN ROBASCIOTTI; LOCATION -101 TRAFFIC WAY, Project Planner - Assistant Planner, Jim Bergman. Description: Proposal for a mixed-use project with three commercial spaces at street level and three residential or office units above. Issues: Community Development . Potential credit for on~street spaces enabled by offer of dedication that Rob Strong requested. . 25' creek setback probably not necessary because of existing buildings. Could affect a couple of parking spaces and neighboring lot. . Consider possibility of bike parking. . Existing billboard on neighboring property cannot restrict development on the project property . Community Development and Public Works . Small segments of the sidewalk are slightly steeper than desirable for disabled access. Applicant stated that he would install a rail there to mitigate this obstacle. Code Enforcement . Consider incorporating sign regulations into CC&Rs in case City regulations change. Conditions: Community Development . Project shall have provision for additional off-street parking spaces or in-lieu payments if Traffic Way is widened. . Avoid the use of freestanding or monument signs because they would not conform with Village character. NOTES SAC MEETING DRAFT PAGE 2 MARCH 17, 2004 Code Enforcement . Indicate signage on plan and develop a preliminary Sign Program for commercial units, including potential commercial units resulting from the future conversion of residential units. Public Works . Sewer and water will be serviced from East Branch. . The applicant shall obtain an encroachment permit from Caltrans for connection to the water and sewer mains. . The applicant shall obtain permission from Caltrans to relocate Caltrans facilities as proposed. . Each parcel shall have separate water and sewer laterals. If the commercial component will be sold separately from the residential component, each unit shall have separate sewer and water. . The commercial component shall have an FDC and a fire hydrant. . The following drainage plan is recommended: installation of a drop inlet at the low point of the property, connection to a drop inlet to be installed along Traffic Way, extension of the drop inlet to the creek, and contact with Fish and Game regarding the discharge structure in the creek. Need fossil filter. . Relocate disabled parking to within the project boundaries. . Submit a maintenance agreement with the map for the maintenance of the parking lot and other common facilities. . Consider proposed extension of the creekside path to Traffic Way in improvement plans. . Consider project impacts to the existing billboard. . Determine the responsible party for maintaining landscaping in the right-of-way. . Remove and replace broken curb, gutter, and sidewalk along Traffic Way and East Branch Street. . Remove and replace the existing handicapped ramp at the corner of Traffic Way and East Branch Street if it does not meet ADA standards. . Install decorative lights along the property frontage if necessary. Building and Fire . The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. . Provide complete compliance with State and Federal disabled access requirements. . The project shall have a fire flow of 1500 gallons per minute for a duration of 2 hours. . Prior to occupancy, fire hydrants shall be installed, per Fire Department and Public Works Department standards. . Prior to occupancy, the applicant shall provide an approved "security key vault", per Building and Fire Department guidelines. . Prior to occupancy, all buildings must be fully sprinklered, per Building and Fire Department guidelines. . Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all nonconforming items such as septic tanks, wells, underground piping, and other undesirable conditions. . Prior to issuance of a building permit, a demolition permit must be applied for, approved, and issued. Development fees resulting from demolition will be appropriately credited to the property. (Existing water and sewer connections will also be credited to the property.) . Prior to issuance of a building permit, County Air Pollution Control Board approval is required for a. demolition permit. NOTES SAC MEETING DRAFT PAGE 3 MARCH 17, 2004 . Fees to be paid prior to issuance of a building permit are the following: water meter, service main, distribution, and availability fees; water neutralization fee; traffic impact fee; traffic signalization fee; sewer hook-up & facility permit fees; building permit fees; strong motion instrumentation program fee; park development fee; park improvements fee; street tree fees; community centers fee; fire protection fee; police facilities fee; and affordable housing in-lieu fee. . Obtain permission and easements required from the City and/or Caltrans for access within the public right-of-way. Action: This project has already been reviewed by ARC and will undergo Planning Commission review next. B, LOT LINE ADJUSTMENT AND VARIANCE CASE NOS, 04-001; APPLICANT - LORENE NEFF; LOCATION - 509 BENNETT AVE. Project Planner - Jim Bergman. Description: Lot Line Adjustment and Variance to utilize underlying parcels. Variance includes reduced setbacks and flag lot stem width. Issues: Community Development . The Planning Commission's concern about flag lots is that parking in front of the garage could block access to the rear lot. . Applicant can provide a security deposit for improvements instead of posting a bond. Public Works . Applicant cannot grant herself an access easement until she sells one of the lots. Reserve easement on Certificate. Conditions: Public Works . The applicant shall pay all applicable fees at the time they are due. . The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for the Lot Line Adjustment. . The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. . A current preliminary title report shall be submitted to the Director of Public Works prior to cheC!;king the final documents, . The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. . A Certificate of Compliance for Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied prior to issuing the building permit. . The applicant shall install curb, gutter, and sidewalk across the property frontage as a condition of the Variance. . Consider developing a maintenance agreement for the driveway for the future case of the parcels having separate owners, . Install sewer and water stub-outs adequate for potential new development. Attachment 3 ARC Notes - DRAFT COpy Page 9 March 1, 2004 variegated); and 7) ornamentals flowers and plants will be added to landscaping on Paulding Circle side of property. Motion approved: 5/0 voice vote. F, ADMINISTRATIVE SIGN PERMIT 04-005; Applicant - Willis & Bennett; Representative - Greg and Julie Moore; LOCATION - 134 E, Branch Street The project was presented by Assistant Planner, Jim Bergman. The project is a canopy sign for Willis & Bennett (with CDBG funding). It will be a black canvas spear type awning showing the same logo as their business card, and in the same script. It will hang six inches over each side of the entrance. Julie Moore, of Willis and Bennett, was present to answer any questions. The ARC had the following comments and questions: . Is the lettering a cream color? Yes. . How is work progressing on removing the belt at the top of the building and adding the cornice? She's been gone 10 days, but assumes it's coming along . Spears should be elevated - not at eye level, for obvious safety reasons. A motion was made by Melanie Hodges and seconded by Amy Miltenberger to approve Administrative Sign Permit 04-005 as submitted. Motion approved: 5/0 voice vote. Rob Strong, Community Development Director, made the following comment: . The belt at the top of the building is tied into the framing and cannot be removed. He hopes it will tie into the cornice, but is still waiting to see the final molding. . On the windows, there will be wood trim over the top of the aluminum frames. If they're going to change it, they have to come back to ARC. G, PRE-APPLICATION REVIEW 04-006; Applicant - John Robasciotti; Representative - (same); LOCATION -101 Traffic Way The project was presented by Assistant Planner, Jim Bergman. The project is a mixed use project dividing a parcel into 3 separate lots, each with one building consisting of retail/office space on the bottom floor and office or residential upstairs. It is proposed that the property be annexed into downtown parking district, due to difficulties with onsite parking adequacy. Mark Vasquez made the following comments: ARC Notes - DRAFT COPY Page 10 March 1, 2004 . Site is small and difficult to develop. City is requesting dedication up front, which shrinks it even more. He tried to place buildings mostly on Branch Street, and make parking work as. best as possible, while keeping out of intersection. Because of the way property lines run, the buildings were staggered to make plans workable and still have interest. One building is exposed on three sides on a very small property. He would like to make these buildings look like older, adaptively reused, Victorian residential structures with siding. Access to second floor meets ADA standards, so it could be office instead of residential. To make affordable, he split parcel into three pieces, so someone could purchase a single building as a live/work unit. The ARC had the following comments and questions: . Would it be possible to coordinate plans with site next door? They want to, but adjacent neighbors aren't ready at this time . Is the stonework a veneer? Yes. a ARC feels with the veneer, the more dimension the better. . ARC likes stepping back of buildings. . Intersection may be busy for residential use, but in the evening traffic calms down, making it a good location for a live/work situation. . It seems a good candidate to enter downtown parking district. . ARC likes Victorian style over "storefront" style. . With bottom spaces commercial, what type of tenants do they expect (specifically since there's no large display windows)? There are some display windows - more on the center building than edges. First unit could be a cafe. There are tall double hung windows, which together make six feet, similar to the new Paper shop. This would keep with the residential style of the building. Hopefully, building itself will be attractive enough to draw people in without large display windows. . Is there a transom window above the entrance door? Yes. . What is the belt material? Some Victorian buildings have a band at the top, usually of a different color. It would be a smooth surface (wood or simulated wood) with detail at top and bottom. . How will rooftop equipment be screened? There is no screening necessary, as it will all fit in gable attic or underneath building. . Is there landscaping in front? No, you'll be right on the sidewalk. a Could you add planter boxes? Yes, but there wouldn't be room for tree wells. a Suggestion was made to place trees/plants in concrete pots. . ARC would rather not have beveled glass doors, as too contemporary. . ARC asked about placement of tall trees. He sees some along Traffic Way. . Is the curb line the same along Traffic Way? Yes. . Amy Miltenberger and Chuck Fellows voiced concerns that the appearance of the building looks too residential for location in the Village and that the scale was too big to look like it actually would have ARC Notes - DRAFT COpy Page 11 March 1, 2004 been there years ago. It was suggested to add larger windows and double doors, instead of single. . While there was consensus that this is a very important spot in the Village, Jamie Ohler, Melanie Hodges and Warren Hoag expressed appreciation for residential nature. With such a difficult site, the building is good - the elevations could be "tinkered with". Although it looks more residential than commercial, everything adjacent to the property is residential, too. This site has very difficult challenges. No motion was made, as this was a pre-application only. IV, DISCUSSION ITEM: Rob Strong presented discussion on Gill's Market landscape enhancement proposal at 1419 East Grand Ave. . Mark Vasquez, designer, did a photo montage to show proposed changes. The City has been having discussions with Mr. Gill in regards to 1) future fac;ade enhancement and 2) more immediate streetscape enhancement (using funds from East Grand). . The enhancements would involve: the driveway closest to Courtland being eliminated to aid traffic problems; the City requesting an easement for a landscape screen, composed of a 3' tall by 80' long masonry block wall, turning at the corner and acting as a base for a monument sign; street trees; the awning being a different color; and vending equipment being removed from outside. This all depends on if the property owner agrees and if Council approves funding. . The object of the low wall would be for to provide refuge for pedestrians, and screening of headlight glare and asphalt appearance, without precluding visibility of storefront. ARC suggested planting small, low growing shrubs like a hedge. They would like more landscape plants and less block. . Current construction involves the digging up of old tanks and replacing them (with double piping/venting.) It was suggested that the tanks be moved adjacent to the Courtland side of the property, but there was a problem with visual monitoring (they couldn't be watched from the storefront if moved). III, ADJOURNMENT: The meeting was adjourned at 5:40 P.M. Attachment 4 DRAFT MINUTES PAGE 6 PLANNING COMMISSION APRIL 6, 2004 Keen: . Concerned about having no yard or open space for kids to play, so he is in favor of approving project with 20' front yard setback. Fowler: . Thought it's a cute neighborhood and this project meets many needs. She had no problem with setbacks at any distance. It's a good use of the property. Brown: . Felt it was a good use and agrees with 20' front yard setback. Guthrie: . Had no addional comments, other than he expects a 10' front yard setback request later, but 20' is okay for now. Keen: . In reviewing the resolution, he found no written description of variance items. Jim Bergman will add wording to resolution regarding variance items and setbacks. Commissioner Keen made a motion, seconded by Commissioner Fowler to approve Lot Line Adjustment Case No. 04-001 and Variance Case No. 04-001, 1) with the inclusion of a description of variances added to the resolution, and 2) with a 20' front yard setback for the rear lot, and adopt: RESOLUTION 04-1923 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT CASE NO, 04-001 AND VARIANCE 04-001 LOCATED AT 509 BENNETT STREET, APPLIED FOR BY LORENE NEFF The motion was approved on the following roll call vote: AYES: Commissioners Arnold, Brown, Fowler, Keen and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 6th day of April, 2004. IV, NON-PUBLIC HEARING ITEMS: A, PRE-APPLICATION REVIEW CASE NO, 04-006; APPLICANT - JOHN ROBASCIOTTI; LOCATION - 101 TRAFFIC WAY, Staff report prepared and presented by Assistant Planner, Jim Bergman. DRAFT MINUTES PAGE 7 PLANNING COMMISSION APRIL 6, 2004 Mr. Bergman gave an overview of the staff report. This project would include three buildings, each with downstairs commercial and upstairs office or residential. It's in the Historic District and has been made to look like an adaptively reused historic mansion. Victor Devens, of Public Works, presented some concerns: . They question compliance of handicap access. . Public Works will require and encroachment permit and a maintenance agreement for parking lot and other facilities. It could address costs for removing improvements if and when Traffic Way is widened. . Owner/tenant would have to maintain landscaping proposed in right of way. . Do Commissioners want decorative lights that match what's going in on Branch Street and Traffic Way bridge? Commission questions: Arnold: . How much land is being dedicated? Rob Strong believes it's 40'x6' triangle, so about 120 square feet. Brown: . Asked if it was "normal" to make private improvements in the right of way. Mr. Devens noted there are instances where if there's been excess right of way behind the sidewalk, tenants have made improvements. Mr. Bergman noted there are no current plans to expand Traffic Way and an in lieu fee could be used to replace the parking spaces there, if removal was required in the future. . Asked if it was "normal" to use public right of way to calculate density calculations. Mr. Bergman compared it to calculations for SFR, where acreage is calculated from the middle of the street. Mr. Strong added he wouldn't describe it as the "norm': as typically they take lot area and calculate what acreage is involved, therefore, a net acre is conventionally used in prior zoning. However, in terms of the General Plan and new VDC district, gross area is used. In a mixed-use project, it is interpretative as part of the CUP or PUD. What is proposed is a high density mixed use project, and applicant is looking for Commission's pre-application comments. . He considers this project very high density and asked applicant if he couldn't get the same square footage with two lots, instead of three, so they wouldn'tneed a variance for lot size. . He had no problem with residential feel of buildings. . Concerned with safety of cars leaving parking lot onto Traffic Way. Guthrie: . Is there anywhere the City has a formal agreement for private use of public right of way? Mr. Devens replied yes, Farm Supply has one, because part of their front parking lot is in right of way. If applicant wanted one, they would have to ,------ DRAFT MINUTES PAGE 8 PLANNING COMMISSION APRIL 6, 2004 come forward with an encroachment permit, so City could condition applicant to remove improvements if they ever needed the street right of way at a future date. Keen: . At one time, Traffic Way bridge was on a Cal Trans list for replacement to be widened, with sidewalks, etc. What effects will that have? Mr. Devens replied he had reviewed an aerial photo of the area, and any future widening would have to occur on the project side of the bridge. He had discussed this with Don Spagnolo, Public Works Director, and he's not aware of any schedule, and he does expect it to happen sometime in the future, but not soon. Chair Guthrie opened the hearing for public comment, even though not a public item, in order to receive comments. Mark Vasquez, representative for the applicant, presented an overview of the project, detailing some of the specific difficulties of this lot, and their efforts to create a good image for this important entrance to the Village. . He noted this is a cornerstone for the Village, and for such an important site, it is extremely difficult to design, due to both the small site and the exposure on all sides seen from both Branch Street and Traffic Way. . Village Design Guidelines state buildings should be pedestrian oriented to Branch Street, which he designed for. . Physical property is only about 5,000 square feet, which also made it difficult to design parking. His efforts were to provide some on-site and contribute to off- site pubic parking needs and develop consistent with the Mixed Use designation, while still being economically viable. . With commercial space on the ground floor, it was thought the second stories could be either residential or offices, depending on the market The key to allowing office space upstairs would be annexation into the parking district, so additional off-site in lieu parking spaces could be purchased. . Having three lots (instead of two) would increase ability of more people to become a part of the Village. Square footage would be the same either way, and this also makes it possible for someone to work below and live upstairs. It would be less likely for an individual to be financially able to purchase the property as a live-work unit if they were larger (two units instead of three). Most people can't find in an ownership situation in this area. . Parking was proposed this way, in part due to the needs of location, but also in part to needs of Village as a whole. He's proposed two regular and 1 handicapped parking space in the right of way. The handicapped space would probably rarely be used, which would help with visibility. If they weren't allowed the two regular spaces, it would be more a loss to the city, as they would otherwise be future in .lieu payment to the parking district. If the bridge was widened, it could be an issue, but they could buy additional spaces in the ___.._0'______._ DRAFT MINUTES PAGE 9 PLANNING COMMISSION APRIL 6, 2004 Parking District to replace them. This property and adjacent lots are going to have problems with parking, no matter what goes in. . He asked for direction on this project, including parking issues, access, general design, etc., in order that they could proceed with a formal application. Applicant questions and Commission comments: Fowler: . The left side elevation shows an outline of the existing billboard sign. The building is huge/tall. Won't it be even taller than the Village Center? Mr. Vasquez didn't measure Village Center, but thinks Village Center is taller. This is tall - two stories from street grade, but it won't appear as large and massive as Village Center. For instance, Village Center's stairway element is considerably larger. . Parking is also an issue with her, but she does like the idea of something being bulit there. Brown: . He thinks they are pushing the limits of the development code and three lots are too many here. Because of density, it's just adding difficulty to an already difficult to design site. . Parking is an issue, but will probably be fine if they join the Parking District. He wondered if owners will object in the future to pay for additional parking expense if City needs to widen the bridge. Arnold: . He's not if favor of making small site into three smaller sites (or splitting lot at all). He champions consolidation, and if they make three small lots, it's harder to get owners to agree to consolidate later. . He's not in favor of having living quarters on this property. He likes this project, but not on this site. He's thinks it's a good transitional project, and would blend better from residential home area to the Village. . This is a retail corner - not an office building corner. Clients would walk from off-site parking spaces for retail, but not for services (like a doctor, lawyer, etc.) . He would be comfortable if they're in the Parking District, to not have any parking on this property at all (unless that's not allowed). Parking and exit/entry is very difficult on this site. . For a live-work situation, there's no requirement that the person(s) staying in upstairs unit is actually the owner, so there could still be a parking problem. . This is a very important corner and he would like to see more of a landmark type building. This is nice, but not a landmark. Keen: . When he first looked at project, he was hesitant about it not looking more commercial, but with Mr. Vasquez's explanation of making it look like a readapted building, he doesn't have a problem. DRAFT MINUTES PAGE 10 PLANNING COMMISSION APRIL 6, 2004 . He's concerned about ADA access for second story. Mr. Vasquez replied they don't have to provide wheelchair access, but do have to incorporate other things such as special stair widths. . Code encourages placement of residential units upstairs over commercial units in the Village, and this accomplishes that end. . He does think this project tries to get too much on too small an area. If it was all one ownership, and not divided, it would work better as rental units, but he's not sure how to divide lot toward that end. If they were all offices and workers went home at night with residents returning, parking would probably work out, but there's no guarantee. . He likes looks of building. With whole trend of mixed use, they've started another trend - putting residential first. He thinks commercial comes first and residential is secondary on this site. . This is a gateway to the Village and they do need an attractive building there, meeting all guidelines of the Village Design Guidelines and Standards. . At ARC, they discussed the Village Creek Promenade development (by Miner's), which was designed without any place to put signs. They need a specific plan for location of signage if a building is commercial. Guthrie: . From Branch Street to low point (middle of lot/concrete drive), what is difference in grading? Mark Vasquez said it's about 4 feet. . He agrees with comments on lot size and would like to keep a single lot, instead of three lots. . He's concerned with parking, especially if bridge were widened. He was thinking it seemed a natural site for underground parking, but if only 4' maybe not. Mark Vasquez replied he had researched that and it would create an ADA access nightmare. Chuck Fellows, 202 Canyon Way, commented he had further ideas after initial proposal at ARC, where he voted against this project. . He felt somebody in the past has made a real effort to plan landscaping in the Village (flowering vine at Shell station; Chevron station has some landscaping; Bank of America prunes too much, but has redwoods, pines, etc.; Title Company is very nicely landscaped; Triangle with geraniums is very nice.) He would like to see landscaping continued with this project. . He feels what is proposed is too large for this site. Building should be pulled back, so there's space for landscaping even if street is widened. Buildings across street are stucco monstrosities, but include front plazas and this project should match or at least complement them. . It's a mistake to put residential looking buildings there. It should be one icon commercial building. . All parking should be off site. ~~,"-'---'--'- DRAFT MINUTES PAGE 11 PLANNING COMMISSION APRIL 6, 2004 . It's a plus that this project would totally block billboard. Mark has checked and can do that. . The new building should face west, similar to flower shop. Chair Guthrie closed the hearing to public comment. Chair Guthrie closed by stating this should be a signature building. It's possible, but unlikely they could make it look like a mansion, given what's already there. Maybe it could be split into two lots - one over and one undersized, but three is too many (too small).' They could only achieve maybe 4 parking spaces onsite without using any right of way, which could create future problems. Idea is interesting of having all off site parking, but it may be tough to find tenants. Maybe it could be a brick commercial building. Residential should be a secondary use, with commercial use as primary. No motion was made, as this is only a pre-application. The Commission took a 5 minute break. V, DISCUSSION ITEMS: 1. Request for interpretation of secondary residence requirements: . Rob Strong presented a letter from Mark Vasquez. . The Commissioners asked questions and made comments. Consensus was to maintain the owner residency requirement for secondary dwellings. Changing the requirement to allow for owner to live next door (or somewhere else) could create problems in both scope and enforcement. 1. Letter from Department of Housing and Community Development re: Review of the City of Arroyo Grande's Adopted Housing Element:. . Rob Strong presented this letter, stating that staff is currently working to provide a response to the State in a timely fashion. In order to present a more accurate and complete response, and to gain certification of the Housing Element by the State, Mr. Strong has scheduled a meeting to clarify the State's concerns. VI, PLANNING COMMISSION ITEMS AND COMMENTS: . Commissioner Keen is concerned that there is no policy on cutting down oak trees in the City, unless a project happens to come before Planning Commission. He requested that Rob Strong follow up on this issue. . Commissioner Brown noted there was a signature, mature oak tree just cut down by the City on Pine Street. He's also concerned about the inconsistency of applicants having to make large accomodations for oak trees on projects that are presented to the Commission, whereas the City and other residents can cut them .---