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HomeMy WebLinkAbout2010 04-13 CC AGENDA PKTAGENDA OF A SPECIAL MEETING City Council of the National City City Council Chambers Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday — April 13, 2010 - 6:00 P.M. ROLL CALL BUSINESS Resolution approving and authorizing issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City ADJOURNMENT Next Regular City Council/CDC Meeting — Tuesday, April 20, 2010 — 6:00 p.m. — Council Chambers, Civic Center CALIFORNIA NATIONAL CITY 'NCORPORNTE City of National City NOTICE OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, APRIL 13, 2010 6:00 P.M. NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a special meeting on Tuesday, April 13, 2010, at 6:00 p.m., or as soon thereafter as the matters may be considered, at the Civic Center, 1243 National City Boulevard, National City, California, 91950. The business to be transacted at said meeting is the consideration of the following: Resolution approving and authorizing issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City Dated: April 7, 2010 RON MORRISON Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE `April 13, 2010 AGENDA ITEM NO. /EM TITLE RESOLUTION APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A- MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY ".PREPARED BY George H. Eiser, III 1✓'" DEPARTMENT City Attorney Ext. 4221 EXPLANATION On March 16, 2010, the City Council enacted interim Ordinance No. 2010-2332 as an urgency ordinance, to take effect immediately, imposing a 45-day moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City. The moratorium will expire on April 30, 2010, unless extended. An item will be placed on the April 20 Council agenda proposing that the moratorium be extended for 10 months and 15 days. Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to adoption of the ordinance. A report is attached which complies with the requirements of Section 65858(d). The proposed resolution would approve and authorize issuance of the report. Environmental Review .1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve and authorize issuance of report. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution ReDort (Government Code Section 65858(d1) A-200 (9/99) RESOLUTION NO. 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 AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY WHEREAS, at the City Council meeting of March 16, 2010, the Council enacted Ordinance No. 2010-2332, "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 and Prohibiting New Massage Establishments from Locating within the City of National City; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2010- 2332 will expire on April 30, 2010, 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. 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 13th day of April, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney • REPORT MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESABLISHMENTS FROM LOCATING IN THE CITY (Government Code Section 65858(d)) Since the City Council's adoption of the urgency moratorium ordinance on March 16, 2010 (Ordinance No. (2010-2232) prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City, the City has taken the following actions to alleviate the condition which led to the adoption of the ordinance: 1. Review of Current Land Use. Code: Business Licenses Applications: As with any business operating within the City of National City, a massage establishment must obtain a business license. At the time of application, the business license application would be forwarded to the Planning Division to determine if the use is an allowed use within the zone in which it is proposed. The City's Land Use Code, Chapter 18.69 designates a massage establishment as an "adult -oriented business". As such, a massage establishment may not be located within 1,500 feet of another adult -oriented business, school or public park, or within 1000 feet of any residentially — zoned property. 2. Inventoried Existing: The City's Finance Department researched business license records and determined that there currentlyare no massage establishments within the City. There is an unenclosed business located within Plaza Bonita consisting of four chairs on whichcustomers: may receive a massage, but this business would not come within the definition of "massage parlor" in Chapter 18.69. 3. Review of Inquires/Pending Permit Applications: Although the Police Department has received on inquiry regarding a massage technician permit, no formal permit applications have been submitted. 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. Making the needed revisions has been complicated by the unsettled status of state law in this area. The City Attorney's office is continuing to monitor any changes in the applicable state law. Once the state law is clarified, the City's regulations can be updated to conform to that law. EXHIBIT "A'