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HomeMy WebLinkAboutAttachments to Agenda StatementATTACHMENTS TO AGENDA STATEMENT A. Ordinance No. 2010 - 2332, enacted March 16, 2010, "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"; with Staff Report. B. Resolution No. 2010 - 80, adopted April 13, 2010, "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"; with Staff Report. C. Ordinance No. 2010 - 2334, enacted April 20, 2010, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 an as Urgency Measure, to Take Effect Immediately, Extending for 10 Months and 15 Days a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City"; with Staff Report, D. Resolution No. 2011 - 23, adopted February 1, 2011, "Resolution of the City Council of the City of National City Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City"; with Staff Report. E. Notice of March 1, 2011 Public Hearing. F. Proposed Ordinance, "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, Extending for 12 Months a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City". 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 WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the establishment and permitting of massage businesses and massage technicians within the city, with the Finance and the Police Departments being authorized to process and administer the permits; and WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a massage technician to apply to the City of National City for a technician permit. The requirements for the application for the permit are set forth in Section 10.79.060; and WHEREAS, zoning restrictions pertaining to massage establishments within the city are located in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses"; and WHEREAS, in January 2009, the California Business and Professions Code Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to State law and who is practicing consistent with the qualifications established by his or her certification. It further states that no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant this State law: and WHEREAS, due to the 2009 amendment to State law, National City Municipal Code Section 10.79 became, in part, inconsistent with State law as to massage technician permits; and WHEREAS, in May of 2009, the State again adopted new legislation pertaining to massage establishments and the ability of cities to regulate and enforce their requirements upon them; and WHEREAS, City staff was in the process of amending Chapter 10.79 of the National City Municipal Code to conform with the first amendment to State law, when the second amendment to State law went into effect; and WHEREAS, City staff was again in the process of drafting an amendment to Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to State law, when it was discovered that yet a third amendment to State law had been proposed by urgency legislation in the State Assembly in February, 2010, which amendment is significant; and WHEREAS, the City Council finds it necessary and appropriate to review and consider the provisions of the proposed urgency legislation pertaining to massage establishments and technicians introduced in February of this year by the State Assembly; and WHEREAS, a valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that to the greatest extent possible, massage businesses will be conducted in a clean and sanitary manner, and in such a way that the operation of such businesses does not involve prostitution and lewd conduct; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows the State mandates relating to massage establishments and technicians, and that the location of such establishments and the issuance of permits and other entitlements for such establishments would result in a threat to the public health, safety, and welfare if such an ordinance were to be found invalid; and WHEREAS, the City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the issuance of massage technician permits and on the locating of, development, or approval of permits for massage establishments; and WHEREAS, the City Council intends to adopt, after appropriate study and legislative review, an ordinance that would apply throughout the city for the proper regulation of massage establishments and technicians as soon as practicable, and directs the City Attorney's Office to commence the review necessary for the adoption of such proper regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 45 days from the effective date of this Ordinance, no massage technician permit shall be issued, no massage establishment not currently existing within the city shall be located within the city; no building permit, certificate of occupancy, establishment permit, business license, nor permit or entitlement for a massage establishment shall be issued; no construction shall take place relating to a massage establishment; and no construction shall take place within the city relating to the location, development, or approval of any massage establishment. Section 2. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of the Government Code, and shall take effect immediately. Section 3. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. --- Signature Page to Follow --- Ordinance No. 2010 - 2332 2 Massage Establishment Moratorium PASSED and ADOPTED this 16th day of March, 2010. on Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: WC - George H. iser, III City Attorney Ordinance No. 2010 - 2332 3 Massage Establishment Moratorium Passed and adopted by the Council of the City of National City, California, on March 16, 2010, by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on March 16, 2010, under the provisions of Section 65858 of the California Government Code and became effective immediately upon said adoption. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2010-2332 of the City Council of the City of National City, passed and adopted by the Council of said City on March 16, 2010. Ip N � City Clerk of the Cit of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 2( fEM TITLE: 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 PREPARED BY: Jodi L. Doucette PHONE: 336-4412 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt proposed Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: :morandum Proposed Ordinance Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate C' rNCURPORA'f'�R Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton TO: Mayor and City Council DATE: March 16, 2010 FROM: Jodi L. Doucette, Senior Assistant City Attorney SUBJECT: Interim Ordinance to Adopt as an Urgency Measure a Moratorium Prohibiting Issuance of Massage Technician Permits and New Massage Establishments from Locating within the City of National City INTRODUCTION The State of California's regulation of massage technician and massage establishment permits is in a state of flux. A new State law was passed in 2009 that conflicted with the City's current regulatory ordinance. In the course of redrafting the City's current ordinance to comply with the newly enacted State law, a new bill was introduced into the State legislature this past month that would reverse the 2009 State law. Accordingly, a moratorium on the location of new massage establishments in the city is advisable until status of the State law is settled. DISCUSSION National City Municipal Code Chapter 10.79 currently provides for the permitting of massage technicians and massage establishments. Specifically, Section 10.79.050 requires a massage technician to apply to the City for a technician permit. The requirements .for the application for the permit are set forth in Section 10.79.060. Additionally, zoning restrictions pertaining to massage establishments are found in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses". California Business and Professions Code section 4600 et seq., (hereinafter "2009 Act") was enacted in January 2009 through urgency legislation. It was the intent of the 2009 Act to create a voluntary certification program for the massage therapy profession that would enable consumers to easily identify credible certified massage therapists; assure that certified massage therapists have completed sufficient training at approved schools; phase in increased education and training standards consistent with other states; assure that massage therapy can no longer be used as a subterfuge to violate subdivisions (a) or (b) of Section 647 of the Penal Code (prohibiting lewd conduct and prostitution); and to establish the Massage Therapy Organization as a self -funded nonprofit oversight body to approve certification and education requirements for massage therapists. 1243- National -City -Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 The 2009 Act, among other provisions, states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to the Act, and who is practicing consistent with the qualifications established by his or her certification. Further, no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 Act that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant to the Act. Accordingly, National City Municipal Code Section 10.79 contains portions that are inconsistent with the 2009 Act. Primarily, National City Municipal Code Section 10.79.050 (massage technician permit) and 10.79.060 (application information) cannot be enforced due to the enactment of the 2009 Act. As to the City's ability to regulate massage establislunents through zoning and business licenses, the 2009 Act stated that nothing in the Act should be interpreted to prevent a city from adopting or enforcing any local ordinance governing zoning, business licensing, and reasonable health and safety requirements for massage establishments or businesses. "Nothing in this section shall prohibit a city, county, or city and county from adopting land use and zoning requirements applicable to massage establishments or businesses, provided that these requirements shall be no different than the requirements that are uniformly applied to other professional or personal services businesses." (Bus. Prof. § 4612(b)(4).) "A city, county, or city and county may adopt reasonable health and safety requirements with respect to massage establishments or businesses, including, but not limited to, requirements for cleanliness of massage rooms, towels and linens, and reasonable attire and personal hygiene requirements for persons providing massage services, provided that nothing in this paragraph shall be interpreted to authorize adoption of local ordinances that impose additional qualifications, such as medical examinations, background checks, or other criteria, upon any person certified pursuant to this chapter." (Bus. Prof. § 4612(b)(6).) The 2009 Act attempts to clarify that it does not apply to any massage establishment or business that employs or uses persons to provide massage services who are not certified pursuant to the Act. (Bus. Prof. § 4612(a)(3).) Subsequently, in May 2009, the state legislature adopted more regulations in this area. The State law changes effective in late May 2009, provided cities with more latitude in their permit requirements as to business licenses for massage establishments. (Gov. § 51030 et seq.). The more recent legislation states that a city ordinance: "may condition the issuance of a license to engage in the business of massage upon proof that a massage business meets the reasonable standards set by the ordinance, which may include, but need not be limited to, the following areas: (a) Age of massage personnel. (b) Education and experience of massage personnel. (c) Passage by massage personnel of a practical examination of competence. (d) Sanitary conditions of the massage establishment. (e) Hours of operation of the massage business. Massage Moratorium -----Mareh-l6; 201-0 (f) Prohibition of the sale or serving of food or beverage or the conducting of non -massage business on the premises of the massage business. In the event that the business premises in which such massage business is conducted possesses or is qualified to possess a certificate of occupancy issued by such city or county, the prohibition of this subdivision shall apply only to the portion of the premises exclusively devoted to the conduct of the massage business." This new addition to the State law proved to be very confusing as it related to the changes made by the original 2009 Act, and many cities have expressed difficulties in reconciling these two State law changes in the area. Upon a review of the National City Municipal Code after the 2009 State legislation, it was determined that amendments to the Municipal Code are necessary for it to be consistent with that legislation. In the midst of our preparing and finalizing changes to the City's massage ordinance, the State legislature proposed further changes to the State law in this area. The proposed language was introduced in February 2010, by the State Assembly as urgency legislation, and seeks to amend Section 4600 et seq. of the Business and Professions Code, adopted in 2009, and Penal Code § 647.15. AB 1822 proposes to effectively change the state law back to its pre-2009 status, whereby cities were able to permit and certify massage technicians. It would transfer back to cities and counties the authority to regulate the massage industry, rather than the Massage Therapy Organization, as under the current state law. The City's current regulation of massage technicians and establishments in Municipal Code Section 10.79 is currently inconsistent with existing State law, and needs to be updated. However, given the multitude of confusing and apparently conflicting provisions in the State law for the regulation of massage technicians and massage establishments, and the current proposal to change it yet again, it is recorrunended that the City not yet amend its ordinance until the current inconsistencies in State law are resolved, and the final outcome of regulation in this area is settled. Toward this end, it is further recommended that the City Council enact an urgency ordinance, to take effect immediately, prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the city. Statutory Authority for Interim Ordinance Section 65858 of the California Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required, to adopt as an urgency measure to take effect immediately as an interim ordinance, prohibiting any uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently for one year. A fourth -fifths vote of the City Council is required to pass the ordinance in each case. 3 Massage Moratorium March-1.6,2010— _.._ Enactment of an urgency interim ordinance prohibiting issuance of massage technician permits, and prohibiting new massage establishments from locating in National City is recommended, in order to allow State law in this area of regulation to become settled. Once this has occurred, it will be recommended that the provisions of the Municipal Code regulating massage establishments and technicians be amended to conform to State law. A valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that the business of massage is operated in a clean and sanitary manner, and in such a way that problems with prostitution and lewd conduct do not arise. CONCLUSION It is recommended that the City Council enact a moratorium ordinance prohibiting the issuance of massage technician permits as well as the location of new massage establishments. Jo i . Doucette, Se • Assistant City Attorney 4 Massage Moratorium __._........_..___..._---.-.._._.._-_._._._..--._._........_... _____-Marah.16,-2010 RESOLUTION NO. 2010 — 80 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 shalt 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. ATTEST: PASSED and ADOPTED this 13th day of April, 2010. Alif Michael R. Della fCity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 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 establislunent 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. Inventoried Existing: The City's Finance Department researched business license records and determined that there currently are no massage establislunents 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 18.69. 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' Passed and adopted by the Council of the City of National City, California, on April 13, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-80 of the City of National City, California, passed and adopted by the Council of said City on April 13, 2010. 4) of the City of Ntional City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE :April 13, 2010 AGENDA ITEM NO. IrTEM 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 • • !� :P12EPARED 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 Al 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 Report (Government Code Section 65858(dll A-200 (9/99) ORDINANCE NO. 2010 — 2334 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, EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the establishment and permitting of massage businesses and massage technicians within the city, with the Finance and the Police Departments being authorized to process and administer the permits; and WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a massage technician to apply to the City of National City for a technician permit. The requirements for the application for the permit are set forth in Section 10.79.060; and WHEREAS, zoning restrictions pertaining to massage establishments within the city are located in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses"; and WHEREAS, in January 2009, the California Business and Professions Code Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to State law and who is practicing consistent with the qualifications established by his or her certification. It further states that no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant this State law: and WHEREAS, due to the 2009 amendment to State law, National City Municipal Code Section 10.79 became, in part, inconsistent with State law as to massage technician permits; and WHEREAS, in May of 2009, the State again adopted new legislation pertaining to massage establishments and the ability of cities to regulate and enforce their requirements upon them; and WHEREAS, City staff was in the process of amending Chapter 10.79 of the National City Municipal Code to conform with the first amendment to State law, when the second amendment to State law went into effect; and WHEREAS, City staff was again in the process of drafting an amendment to Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to State law, when it was discovered that yet a third amendment to State law had been proposed by urgency legislation in the State Assembly in February, 2010, which amendment is significant; and WHEREAS, the City Council finds it necessary and appropriate to review and consider the provisions of the proposed urgency legislation pertaining to massage establishments and technicians introduced in February of this year by the State Assembly; and WHEREAS, a valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that to the greatest extent possible, massage businesses will be conducted in a clean and sanitary manner, and in such a way that the operation of such businesses does not involve prostitution and lewd conduct; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows the State mandates relating to massage establishments and technicians, and that the location of such establishments and the issuance of permits and other entitlements for such establishments would result in a threat to the public health, safety, and welfare if such an ordinance were to be found invalid; and WHEREAS, at their regular public meeting held on March 16, 2010, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2010-2332, enacting a moratorium for 45 days prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City; and WHEREAS, on April 13, 2010, the City Council adopted Resolution No. 2010-80 "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; and WHEREAS, on April 20, 2010, the City Council held a public hearing, at which time oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for an additional period of 10 months and 15 days the 45 day moratorium established by Ordinance No.2010-2332; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to extend for an additional period of 10 months and 15 days the moratorium established by Ordinance No. 2010-2332 prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City; and WHEREAS, the City Council intends to adopt, after appropriate study and legislative review, an ordinance that would apply throughout the city for the proper regulation of massage establishments and technicians as soon as practicable, and directs the City Attorney's Office to commence the review necessary for the adoption of such proper regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 10 months and 15 days from the effective date of this Ordinance, no massage technician permit shall be issued, no massage establishment not currently existing within the city shall be located within the city; no building permit, certificate of occupancy, establishment permit, business license, nor permit or entitlement for a massage establishment shall be issued; no construction shall take place relating to a massage establishment; and no construction shall take place within the city relating to the location, development, or approval of any massage establishment. Section 2. For purposes of this Ordinance, "massage establishment" and "massage technician permits shall have the meanings described in Sections 10.79.030(B) and (E), and Section 18.69.020(N) of the National City Municipal Code. Ordinance No. 2010 — 2334 2 Massage Permit Moratorium Extended Section 3. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of the Government Code, and shall take effect immediately. Section 4. The City Council hereby directs the City staff to engage in studies and procedures necessary for the adoption or regulations governing massage technician permits and the locating of massage establishments from locating within the City. Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 20th day of April, 2010. on Morrison, Mayor ATTEST• M chael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance No. 2010 — 2334 3 Massage Permit Moratorium Extended Passed and adopted by the Council of the City of National City, California, on April 20, 2010, by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on April 20, 2010, under the provisions of Section 65858 of the California Government Code and became effective immediately upon said adoption. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2010-2334 of the City Council of the City of National City, passed and adopted by the Council of said City on April 20, 2010. City Ier�City of ational City, California By: Deputy City of National City, California CITY COUNCIL AGENDA STATEMENT IEETING DATE April 20, 2010 AGENDA ITEM NO. 13 ITEM TITLE PUBLIC HEARING TO CONSIDER ADOPTION OF AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 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 AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY George Eiser p4 Ext. 4221 PREPARED BY DEPARTMENT City Attorney EXPLANATION On March 16, 2010, the City Council enacted 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 ordinance is proposed as a companion item on this agenda to extend the moratorium by 10 months and 15 days. This public hearing, which has been noticed as required by law, is a required preliminary step toward adopting the ordinance. The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage technician permits and massage establishments. The needed revisions have been complicated by the unsettled status of state law in this area. Once the state law is clarified, the City's regulations can be updated to conform to that state law. At its meeting on April 13, 2010, the City Council adopted a resolution approving the issuance of a written report on this subject. In addition to the proposed ordinance, a copy of the written report approved by the Council on April 13 is attached., Environmental Review \I N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Conduct Public Hearing BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Ordinance LNotice of Public Hearing Report of the City Council Memorandum to City Council dated March 16, 2010 A-200 (9/99) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., on Tuesday, April 20, 2010, in the City Council Chambers, 1243 National City Blvd., National City, to consider EXTENDING FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS THE PREVIOUSLY ADOPTED INTERIM ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65868 AS AN URGENCY MEASURE ENACTING A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN NATIONAL CITY. The City Council will issue a written report on April 13, 2010 describing the measures taken to alleviate the conditions which led to the adoption of the Moratorium Ordinance. The full text of that report will be available for viewing in the City Clerk's Office during normal business hours. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action 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 undersigned, or to the City Council at, or prior to, the Public Hearing. M. Della, City Clerk Published in the San Diego Union -Tribune on April 9, 2010 14 REPORT MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESABLISHIv1ENTS 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 establishrments 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' 5 Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate FIOR;C(1s1; y Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager AsthleyK. Fenton TO: Mayor and City Council DATE: March 16, 2010 FROM: Jodi L. Doucette, Senior Assistant City Attorney SUBJECT: Interim Ordinance to Adopt as an. Urgency Measure a Moratorium Prohibiting Issuance of Massage. Technician Permits and New Massage Establishments from Locating within the City of National City INTRODUCTION The State of California's regulation of massage technician and massage establishment permits is in a state of flux. A new State law was passed in 2009 that conflicted with the City's current regulatory ordinance. In the course of redrafting the City's current ordinance to comply with the newly enacted State law, a new bill was introduced into the State legislature this past month that would reverse the 2009 State law. Accordingly, a moratorium on the location of new massage establishments in the city is advisable until status of the State law' is settled. DISCUSSION National City Municipal Code Chapter 10.79 currently provides for the permitting of massage technicians and massage establishments. Specifically, Section 10.79.050-requirres a massage technician to apply to the City for a technician permit: The requirements for the application for thepermit are set forth in Section 10.79.060. Additionally, zoning restrictions pertaining to massage establishments are found in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses". California Business and Professions Code section 4600 et seq., (hereinafter "2009 Act") was enacted in January 2009 through urgency legislation. It was the intent of the 2009 Act to create a voluntary certification program for the massage therapy profession that would enable consumers to easily identify credible certified massage therapists; assure that certified massage therapists have completed sufficient training at approved schools; phase in increased education and training standards consistent with other states; assure that massage therapy can no longer be used as a subterfuge to violate subdivisions (a) or (b) of Section 647 of the Penal Code (prohibiting lewd conduct and prostitution); and to establish the Massage Therapy Organization as a self -funded nonprofit oversight body to approve certification and education requirements for massage therapists. - -1243-National-City-Boulevard;-National-City;California-91,950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 (1) Prohibition of the sale or serving of food or beverage or the conducting of non -massage Business on the premises (Mille massage business. Inthe event that the business premises in whichsuch massage business is conducted possesses or is qualified to possess a certificate of occupancy issued by such city or county, the prohibition of this subdivision shall apply only to the portion of the premises exclusively devoted to the conduct of the massage business." This new addition to the State law proved to be very confusing as it related to the changes made by the original 2009 Act, and many cities have expressed difficulties in reconciling. these two State law changes in the area. Upon a review of the National City Municipal Code after the 2009 State legislation, it was determined that amendments to the Municipal Code are necessary for it to be'consistent with that legislation. In the midst of our preparing and finalizing changes to the City's massage ordinance, the State legislature proposed further changes to the State law in this area. The proposed language was introduced in February 2010, by the State Assembly as urgency legislation, and seeks to amend Section 4600 et seq. of the Business and Professions Code, adopted in 2009, and Penal Code § 647.15. AB 1822 proposes to effectively change the state law back to its pre-2009 status, whereby cities were able to permit and certify massage technicians. It would transfer back to cities and counties the authority to regulate the massage industry, rather than the Massage Therapy Organization, as under the current state law, The City's current regulation of massage technicians and establishments in Municipal Code Section 10.79 is currently inconsistent with existing State law, and needs to be updated. However, given the multitude of confusing and apparently conflicting provisions in the State law for the regulation of massage technicians and massage establishments, and the current proposal to change it yet again, it is recommended that the City not yet amend its ordinance until the current inconsistencies in State law are resolved, and the final outcome of regulation in this area is settled. Toward this end, it is further recommended that the City Council enact an urgency ordinance, to take effect immediately, prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the city. Statutory Authority for Interim Ordinance Section 65858 of the California Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required, to adopt as an urgency measure to take effect immediately as an interim ordinance, prohibiting any uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently for one year. A fourth -fifths vote of the City Council is required to pass the ordinance in each case. 3 Massage Moratorium --- March -1.6,2010.__.,._ Enactment of an urgency interim ordinance prohibiting issuance of massage technician permits, and prohibiting new massage establishments from locating in National City is recommended, in order to allow State law in this area of regulation to become settled. Once this has occurred, it will be recommended that the provisions of the Municipal Code regulating massage establishments and technicians be amended to conform to State law. A valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that the business of massage is operated in a clean and sanitary manner, and in such a way that problems with prostitution and lewd conduct do not arise. CONCLUSION It is recommended that the City Councilenacta moratorium ordinance prohibiting the issuance of massage technician permits as well as the location of new massage establishments. Jos' . Doucette, Assistant City Attorney 4 Massage Moratorium Marcie-IG,-20.I0.. - . . The 2009 Act, among other provisions, states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to the Act, andwho is practicing consistent with the qualifications established by his or her certification. Further, no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 Act that required a license, pennit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant to the Act. Accordingly, National City Municipal Code Section 10.79 contains portions that are inconsistent with the 2009 Act. Primarily, National City Municipal Code Section 10.79.050 (massage technician permit) and 10.79.060 (application information) cannot be enforced due to the enactment of the 2009 Act. As to the City's ability to regulate massage establishments through zoning and business licenses, the 2009 Act stated that nothing in the Act should be interpreted to prevent a city from adopting or enforcing any local ordinance governing zoning, business licensing, and reasonable health and safety requirements for massage. establishments or businesses. "Nothing in this section shall prohibit a city, county, or city and county from adopting land use and zoning requirements applicable to massage establishments or businesses, provided that these requirements shall be no different than the requirementsthat are uniformly applied to other professional or personal services businesses." (Bus ;Prof § 4612(b)(4).) "A city, county, or city and county may adopt reasonable health and safety requirements with respect to massage establishments or businesses, including, but not limited to, ,requirements for cleanliness of massage rooms, towels and linens, and reasonable attire and personal hygiene requirements for persons providing massage services, provided that nothing in this paragraph shall be interpreted to authorize adoption of local ordinances that impose additional qualifications, such as medical examinations, background checks, or other criteria, upon any person certified pursuant to this chapter." (Bus. Prof. § 4612(b)(6).) The 2009 Act attempts to clarify that it does not apply to any massage establishment or business that employs or uses persons to provide massage services who are not certified pursuant to the Act. (Bus. Prof. § 4612(a)(3).) Subsequently, in May 2009, the state legislature adopted more regulations in this area. The State law changes effective in late May 2009, provided cities with more latitude in their permit requirements as to business licenses for massage establishments. (Gov. §.51030;et seq.). The more recent legislation states that a city ordinance: "may condition the issuance of a license to engage in the business of massage upon proof that a massage business meets the reasonable standards set by the ordinance, which may include, but need: not be limited to, the following areas: (a) Age of massage personnel. (b) Education and experience of massage personnel. (c) Passage by massage personnel of a practical examination of competence. (d) Sanitary conditions of the massage establishment. (e) Hours of operation of the massage business. 2 Massage Moratorium -_---March-16; 2010-- 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. Della, City Clerk George H. Eiser, III, City Attorney l0 RESOLUTION NO. 2011 — 23 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 April 20, 2010, the Council enacted Ordinance No. 2010-2334, "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, Extending for 10 Months and 15 days 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. 2010-2334 will expire on March 5, 2011, 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 1st day of February, 2011. on Morrison, Mayor ATTEST: Mic el R. Dalla, •ity Clerk PPROVED AS IO FORM: udia G. Siva City Attorney REPORT MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICAL PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING IN THE CITY (Government Code Section 65858(d)) On April 20, 2010, the City Council enacted Ordinance No. 2010-2334 extending until March 5, 2011 the urgency moratorium ordinance prohibiting the issuance of massage technician permits 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 which led to the adoption of the ordinance: 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 1,000 feet of any residentially -zoned properly. 2. Inventoried Existing: The City's Finance Department researched business license records and determined that there currently are no massage establishments 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 18.69. An amendment to the Municipal Code will be recommended in the near future to clarify this distinction. Review of Inquires/Pending Permit Applications: Although the Police Department has received an inquiry regarding a massage technician permit, and the Finance Department recently received an inquiry regarding a business license for a massage establishment, 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 (Resolution No. 2011-23) Passed and adopted by the Council of the City of National City, California, on February 1, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-23 of the City of National City, California, passed and adopted by the Council of said City on February 1, 2011. City C erk I City, California of the City of ationa By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 1 ITEM TITLE: and Authorizing the Issuance Locating within the DEPARTMENT: APPROVED BY: Ordinance No. 2010-2332 prohibiting from extending 2011, unless extended. 10 days prior to describing the measures This action by the prior to its expiration. of Section 65858(d). in the City, and complicated by issuance of this the Issuance of a of Massage Technician Citv City Attorney Resolution of the City Council of the City of National City Approving Written Report Pertaining to a Moratorium Ordinance. Prohibiting Permits and Prohibiting New Massage Establishments from PREPARED BY: George H. Eiser, III (0 PHONE: Ext. 4221 EXPLANATION: as an urgency the issuance of locating within the City. the moratorium for 10 the expiration of an taken to City Council will enable Briefly stated, the. the need to revise the the unsettled status of report. On March 16, 2010, the City Council enacted interim ordinance, to take effect immediately, imposing a 45-day moratorium massage technician permits and prohibiting new massage establishments On April 20, 2010, the City Council enacted Ordinance No. 2010-2334, months and 15 days. The moratorium will expire on. March 5, Section 65858(d) of the Government Code provides that interim ordinance, the City Council shall issue a written report alleviate the condition that led to adoption of the ordinance. the Council to consider a one-year extension of the moratorium A report is attached which complies with the requirements report discusses the current state of massage establishments City's regulations pertaining to such establishments, a process applicable state law. The proposed resolution would approve and authorize FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: APPROVED: MIS N/A ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: STAFF RPCOMMENDATION: Approve and authorize the issuance of report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS:_ ,. Proposed Resolution Report (Government Code Section 65858(d) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., on Tuesday, March 1, 2011, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA, to consider: EXTENDING FOR AN ADDITIONAL 12 MONTHS THE PREVIOUSLY ADOPTED INTERIM ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65868 AS AN URGENCY MEASURE ENACTING A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN NATIONAL CITY. The City Council issued a written report on February 1, 2011 describing the measures taken to alleviate the conditions which led to the adoption of the Moratorium Ordinance. The full text of that report is available for viewing in the City Clerk's Office during normal business hours. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action 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 undersigned, or to the City Council at, or prior to, the Public Hearing. Michael Dalla, City Clerk