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Home My WebLink AboutCC RESO 2017-43RESOLUTION NO. 2017 -- 43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS OR LICENSES FOR A PERIOD OF 45 DAYS, AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY FOR A PERIOD OF 45 DAYS WHEREAS, at the City Council meeting of March 7, 2017, the City Council enacted Ordinance No. 2017-2433, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a moratorium prohibiting the issuance of massage technician permits or licenses, and prohibiting new massage establishments from locating within the City of National City for a period of 45 days"; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2017-2433 will expire on April 27, 2017, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, issuance of the Report by the City Council is a necessary action for the Council to be able to consider a further extension of the moratorium. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. PASSED and ADOPTED this 4th day of April, 20 Morrison, Mayor ATTEST: . r Micfael R. Dana, Cit lerk APPROVED AS TO FORM: gefriet...:212 George H. Eiser, III Interim City Attorney Passed and adopted by theCouncil of the City of National City, California, on April 4, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotolo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Cl a rk of the City of N tonal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-43 of the City of National City, California, passed and adopted by the Council of said City on April 4, 2017. City Clerk of the City of National City, California By: Deputy REPORT MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS OR LICENSES FOR A PERIOD OF 45 DAYS, AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY FOR A PERIOD OF 45 DAYS (Government Code Section 65858(d)) On March 7, 2017, the City Council enacted Ordinance No. 2017-2433 as an urgency ordinance, to take effect immediately, imposing a 45-day moratorium prohibiting the issuance of massage technician permits or licenses, and prohibiting new massage establishments from locating within the City. Since the enactment of that Ordinance, the City has taken the following actions to alleviate the condition that led to the adoption of the ordinance: 1. Review and Amendment of Current National City Municipal Code regulations: The City Attorney's Office has begun revising Chapters 10.70 (Police Regulated Business Regulations), 10.79 (Massage Establishments), and 18.30 (Adult Oriented Businesses). This includes an initial meeting with the Planning Department, Neighborhood Services, and Police, to discuss properly zoning massage establishments and establishing a Conditional Use Permit requirement. The City's Land Use Code, Chapter 18.30 currently designates a massage establishment as an "adult -oriented business" which is now prohibited under state law. 2. Inventoried Existing Massage Establishments: Three massage businesses were found to be operating illegally due to prostitution related arrests. The City Attorney worked with the Police Department and Neighborhood Services to take the necessary steps to ensure they immediately closed down and vacated the premises. The City Attorney has been working with the relevant property owners and tenants including attorneys hired to represent them to work towards this goal. Notices of Violation including notices of permit revocations were drafted and sent to all relevant parties. The notices included correcting any outstanding code violations at the properties. The three illegal businesses have shut down and vacated the premises. Additionally, the City's Finance Department researched business license records and determined that there currently are three massage establishments operating legally with the appropriate licenses and permits within the City. There is an unenclosed business located within Plaza Bonita consisting of four chairs on which customers may receive a massage, but this business would not come within the definition of "massage parlor" in Chapter 18.30. However, the business falls under the definition of "massage establishment" under Chapter 10.79 thus would require a police permit. It has been determined that this business has a business license to do foot reflexology. Amendments to the Municipal Code will be recommended in the near future to clarify any distinctions between different types of massage related businesses as well as establish a clear procedure for opening a massage related business. 3. Review of inquires/Pending Permit Applications: Since the moratorium has passed, there has been one inquiry to the City's Finance Department about a license or permit for a new massage establishment. There were two permits pending police approval at the time the ordinance was passed on March 7, 2017. Letters were drafted and sent to these applicants informing them of the new ordinance, that their applications for a permit EXHIBIT A Pagel (Resolution No. 2017-43) to operate a massage business would no longer be processed, and finally, that a new ordinance was forthcoming. Summary The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage technician permits and massage establishments so that it is in accordance with State law. City staff is preparing a new ordinance which includes revisions in three different chapters of the National City Municipal Code. This includes a revision in the City's land use code which will trigger Planning Commission approval. In addition, after the moratorium passed, City staff took the appropriate steps necessary to ensure the illegal massage businesses shut down immediately and vacated the premises. City staff is also continuing to inventory all remaining massage businesses, and has reviewed and addressed any outstanding permit applications. City staff needs additional time to finish drafting a comprehensive ordinance pertaining to massage related establishments. EXHIBIT A Page 2 (Resolution No. 2017-43)