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Home My WebLink AboutCC RESO 2018-30 RESOLUTION NO. 2018 3 RESOLUTION OF THE CITY COUNCIL F 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 10 MONTHS AND 15 DAYS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN NATIONAL CITY FOR A PERIOD OF 10 MONTHS AND 15 DAYS WHEREAS, at the City Council meeting of March 7, 2017, the City Council enacted Ordinance No. 2 17-2 3 , "An 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, at the City Council meeting of April 18, 2017, the City Council enacted Ordinance No. 2 17-2 3 , "An 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, extending for 10 months and 15 days a moratorium prohibiting the issuance of massage technician permits or licenses, and prohibiting new massage establishments from locating within the City of National City"; and WHEREAS, the moratorium rium enacted pursuant to Ordinance No. 2017-2435 will expire on March 5, 2018, subject to extension for one year by action of the City Council; and WHEREAS, Section 8 8 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 8 8 d , and hereby approves and authorizes issuance of said Report. [Signature Page to Follow] Resolution No. 2018 — 3 Page Two PASSED and ADOPTED this 1 ' day of January, 2018. Morrison, Mayor ATTEST: d Michael R. DaDIa, City Clerk APPROVED AS TO FORM: 110 Xngil rris- C9d 'ttorny Passed ancl adopted by the. Council of the City of National City, California, on Janua 16o 2018 by the following voteo to -wit: Ayes: Councilmembers Canal Mendivilo Morrison, Rios, Sotelo-Solis. Nays: None. Absent:. None. Abstain: None. • APTHENTICATED BY: ON MORRISON Mayor of the City of National City, California City Jerk of the. City National City, California Deputy I 'HER: BY CERTIFY -that the abov0. and forogoing is a full; true and oorreot• copy of RESOLUTION :NO.:201.8-3 of the City.of:Notional City, California, passed and adopted by the Council of City on January 167 2018. By: City Clerk ofthe:City of National City California Deputy EXHIBIT A REPORT TO THE CITY COUNCIL MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS OR LICENSES FOR A PERIOD OF 10 MONTHS AND 15 DAYS, AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY FOR A PERIOD OF 10 MONTHS AND 15 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. The police department had reported an increase in prostitution activity at several massage businesses in the City, including instances of human trafficking. On April 4, 2017, the City Council adopted Resolution No. 2 1 -43 approving and authorizing issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits or licenses and prohibiting new massage establishments from locating within the City. City staff inventoried all of the massage businesses in the City and took appropriate steps -to ensure the illegal massage businesses shut down and vacated the premises. On April 18, 2017, the City Council held a public hearing, and after oral and documentary evidence was heard adopted an urgency ordinance to extend for an additional period of 10 months and 15 days, the 45 day moratorium established by Ordinance No. 201 -24 3. Since the last extension 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 continues to revise Chapters 10.70 (Police Regulated Business Regulations), 10. (Massage Establishments), and 18.30 (Adult Oriented Businesses). The City Attorney's Office has had regular meetings, and continues to have regular meetings, with the Planning Department, Finance Department, Neighborhood Services, Fire, and Police, to discuss properly zoning massage establishments and establishing a Conditional Use Permit requirement. This review also includes a review of other city municipal codes related to massage businesses within San Diego County. The City has also consulted, and continues to consult, with the California Massage Therapy Council ("CAMTC")as the new ordinance gets drafted. CAMTC is the agency tasked, by the California state legislature, to certify all massage professions in California and set the minimum standards for training and curriculum for massage professionals in California. January 16, 2018 Report t to the City Council Resolution No. 2018-3 Extension of Massage Moratorium EXHIBIT 2. Drafting and Establishing an Application and Other Procedures for Opening....a Massage - Related Business in the City: The City Attorney's Office met with other City Departments, including Planning, Finance, Neighborhood Services, Police and Fire to draft and review a new application procedure for massage businesses, including fee schedules related to obtaining businesses licenses and the required permits for these types of businesses. The City is currently undergoing a Citywide fee schedule study and update which has not yet been completed. It is estimated that this fee study and update will be completed by the summer of 2018. It is imperative that the fee study be completed before the new massage regulations and procedures go into effect. Our current municipal code only allows for the City to charge an annual business license fee for these types of businesses which does not cover the cost of regulating these businesses by various City departments. The comprehensive fee study will include a regulatory fee that will aid law enforcement and other city departments in investigating and regulating these types of businesses. 3. Review of Inquires Pendin Permit Applications: Since the last report to City Council on April 4, 2017, and since the last extension of the moratorium on April 18, 2017, there has been one inquiry to the City's Finance Department about a license or permit for a massage establishment. This inquiry was by an existing massage -related business named "So Relaxed" located inside Plaza Bonita Mall. This business is currently operating and approved as a kiosk in the mall with massage chairs and for foot reflexology at a store front in the mail. They have inquired about expanding their business. The City Attorney's Office has been in contact with the business owner regarding the moratorium and the new pending regulations. 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. The City Attorneys Office continues to collaborate with several different City departments to draft and review a new application procedure for these types of businesses which will include the CUP process and permit fees. The City is currently undergoing a comprehensive fee study which is expected to be completed in the summer of 2018. The fee schedule will, among other things, provide for the appropriate fees to open up a massage related business, i.e. business license fees, regulatory fees, and police permit fees. City staff needs additional time to finish drafting a comprehensive ordinance pertaining to massage related establishments, a new application procedure for these types of businesses and to receive the final fee study. January 16, 2018 2 Report to the City Council Resolution No. 2018-3 Extension of Massage Moratorium