Ordinance No. 946 - Urgency Ordinance Extending the Provisions of Ordinance No. 945 for 10 Months and Fifteen Days to Continue the Moratorium on Massage EstablishmentsORDINANCE NO. 946
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, EXTENDING THE
PROVISIONS OF ORDINANCE NO. 945 FOR 10 MONTHS AND
FIFTEEN DAYS TO CONTINUE THE MORATORIUM ON THE
ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR
ENTITLEMENT PERTAINING TO NEW MASSAGE
ESTABLISHMENTS OR THE RELOCATION OF MASSAGE
ESTABLISHMENTS FOR 10 MONTHS 15 DAYS..
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS FOLLOWS:
SECTION 1. Findings
A. At a duly noticed public hearing on December 9, 2014, and after hearing and
considering public testimony, the City Council adopted Ordinance No. 945 (with
an effective date of January 1, 2015), an interim urgency ordinance establishing
a moratorium on the issuance of any permit, license, approval, or entitlement
pertaining to new massage establishments or the relocation of massage
establishments; and
B. Government Code Section 65858(a) authorizes the City Council to continue the
effect of Ordinance No. 945 for a period of 10 months and 15 days subject to
appropriate findings; and
C. The findings made in Ordinance No. 945 are hereby reaffirmed, readopted and
incorporated by reference as though they were fully restated herein; and
D. Consistent with the requirements of Government Code section 65858(d), the
City issued a written report, describing the measures being taken to alleviate the
conditions which led to the adoption of the initial moratorium extension and the
need for the extension of the moratorium.
E. It remains necessary for the City to continue to undertake the review of its current
massage regulations in order to determine how such regulations may need to be
revised in order to be consistent with state law while still providing
comprehensive regulations for the establishment, use and operation of
businesses offering massage services in the City, so that the public health, safety
and welfare remains protected; and
F. There remains a significant oversaturation of massage establishments, a number
of which have been found in violation of the law, which changes the character of
a neighborhood, causes blights and impacts quality of life and the local economy
by compromising public trust; and
G. The City Council finds that there continues to be a current and immediate threat
to the public health, safety, and welfare based on the above findings, and upon
that basis determines that there is a need to adopt a moratorium ordinance
prohibiting the creation of new massage establishments or relocation of massage
establishments is warranted.
SECTION 2. Extension of Moratorium on Massage Establishments. The
City Council orders as follows:
In accordance with the authority granted the City of Rosemead under
Government Code Section 65858(a), and pursuant to the findings stated herein,
Ordinance No. 945 is hereby extended and the moratorium on the issuance of any
permit, license, approval, or entitlement pertaining to new massage establishments or
relocation of massage establishments, as set forth fully in Ordinance No. 945, shall
remain in effect for an additional period of 10 months and 15 days.
SECTION 3. Legal, Operational and Planning Study The Community
Development Department and the City Attorney's Office are directed to continue to
study and analyze issues related to the establishment, permitting, and operation of
massage establishments within the City, and the potential impacts of such facilities on
public health, safety and welfare of the community, the desirability of such facilities in
various zones, and the extent of regulatory controls, if any, to impose on such facilities.
SECTION 4. Environmental Review The City Council finds that this ordinance
is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it prevents changes in the environment
pending the completion of the contemplated municipal code review.
SECTION 5. Severability If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision will not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. Effective Date and Duration This Ordinance is declared to be an
urgency ordinance by authority conferred on the City Council of the City of Rosemead
by Government Code Sections 36937 and 65858, and shall be in full force and effect
immediately upon its adoption by a four -fifths vote of the City Council
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SECTION 7. Publication The Mayor shall sign and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
and posted pursuant to the provisions of law in that regard and this Ordinance shall take
effect immediately and shall be in effect for a period of 10 months and 15 days.
PASSED, APPROVED, AND ADOPTED this �O day of Feb — ,
2015.
William Alarcon, Mayor
City of Rosemead, California
ATTEST:
loria, Molleda, City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
3
Ordinance No. 946
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the
foregoing Urgency Ordinance No. 946 was duly and regularly approved and adopted by the
Rosemead City Council on the 10th of February 2015, by the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Absent:
None
Abstain:
None
oria Molleda \�
City Clerk
ATTACHMENT C
10 DAY REPORT ON THE CITY OF ROSEMEAD'S
MORATORIUM ON THE APPROVAL OF APPLICATIONS
FOR NEW MASSAGE ESTABLISHMENTS OR THE
RELOCATION OF MASSAGE ESTABLISHMENTS
BACKGROUND
On December 9, 2014, pursuant to Government Code Section 65858, the Rosemead
City Council enacted Urgency Ordinance No. 945 (with an effective date of January 1,
2015), which imposed a moratorium on the on the issuance of any permits, licenses, tax
certificates, approvals, or entitlements for new massage establishments or the
relocation of massage establishments as such terms are defined in Rosemead
Municipal Code ( "RMC ") Chapter 5.24 for a period of 45 days (the "Initial Ordinance ").
This report is submitted in compliance with subsection (d) of Government Code section
65858, which requires the issuance of "a written report describing the measures taken
to alleviate the conditions which led to the adoption of the ordinance."
1. AB 1147 was signed into law by Governor Brown on September 18, 2014 and
went into effect on January 1, 2015. In summary, the bill authorizes the continuation of
statewide voluntary certification for massage therapists by the California Massage
Therapy Council and restores local governments with some renewed regulatory
authority. In the limited time allotted by the Initial Ordinance, City staff and the City
Attorney's Office have begun the task of analyzing and interpreting AB 1147 ( "Massage
Therapy Act of 2014 ") to determine whether the City's current laws regarding massage
establishments need to be amended to be consistent with the new law while still
providing comprehensive regulations for the establishment, use, and operation of
businesses offering massage services in the City.
2. In addition, massage establishments remain a difficult business to monitor.
Public Safety personnel continually monitor these businesses; and advertisements on
the web suggest that illegal activities may be taking place at some of these locations.
An extension to the moratorium provides the City with the ability to prevent or enjoin any
additional illicit massage establishments while the City studies, drafts, and /or adopts
new regulations.
3. At this point, it is necessary that City staff and the City Attorney's Office continue
to studying the effects of AB 1147 and whether the City municipal codes should be
amended with different, or additional provisions or regulations with respect to massage
establishments to be consistent with AB 1147 and any judicial interpretations thereof.
Report on Massage Moratorium
Page 2 of 2
RECOMMENDATION
Due to City staff and the City Attorney's Office on -going review of AB 1147, staff
recommends adoption of the Extension Ordinance. If adopted by the City Council, the
Extension Ordinance would extend the moratorium on the issuance of any permits,
licenses, tax certificates, approvals, or entitlements for new massage establishments or
the relocation of massage establishments as such terms are defined in Rosemead
Municipal Code ( "RMC ") Chapter 5.24 for a period of 10 months 15 days.
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER 10
DATE: FEBRUARY 10, 2015
SUBJECT: EXTENSION OF URGENCY ORDINANCE NO. 945 TO PROHIBIT
ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR
ENTITLEMENT PERTAINING TO NEW MASSAGE ESTABLISHMENTS
OR THE RELOCATION OF MASSAGE ESTA BLISHMENTS
SUMMARY
On December 9, 2014, pursuant to Government Code section 65858, the Rosemead City
Council enacted Urgency Ordinance No. 945 (Attachment "A "), which imposed a
moratorium on the issuance of any permits, licenses, tax certificates, approvals, or
entitlements for new massage establishments or the relocation of massage establishments
as such terms are defined in Rosemead Municipal Code ( "RMC ") Chapter 5.24 for a period
of 45 days. During this 45 -day period, staff and the City Attorney begun the task of
analyzing and interpreting AB 1147 ( "Massage Therapy Act of 2014 ") to determine whether
the City's current laws regarding massage establishments need to be amended to be
consistent with the new law while still providing comprehensive regulations for the
establishment, use, and operation of businesses offering massage services in the City.
AB 1147 was signed into law by Governor Brown on September 18, 2014 and went into
effect on January 1, 2015. In summary, the bill authorizes the continuation of statewide
voluntary certification for massage therapists by the California Massage Therapy Council
and restores some renewed regulatory authority to local governments. However, the
extent of this renewed regulatory authority is still being analyzed. Due to City staff and the
City Attorney's on -going review of AB 1147, the limited 45 -day period has not provided a
sufficient amount of time to undertake a thorough assessment of the City's current
massage ordinance and zoning regulations, to determine how they may need to be revised
for compliance with AB 1147. Therefore, this warrants the City Council's consideration for
the adoption of Urgency Interim Ordinance No. 946 to extend Urgency Ordinance No. 945
for a period of ten (10) months and fifteen (15) days.
Staff Recommendation
It is recommended that the City Council take the following actions:
1. Conduct the noticed public hearing and receive public comment, and
ITEM NUMBER:
City Council Report
February 10, 2015
Pace 2 of 2
2. Adopt, as an urgency measure pursuant to California Government Code section
65858 (b), Ordinance No. 946 "An Urgency Ordinance of the City Council of the City
of Rosemead, California, continuing the provisions of Ordinance No. 945 for 10
months and 15 days to continue the moratorium on the issuance of any permits,
licenses, tax certificates, approvals, or entitlements for new massage
establishments or the relocation of massage establishments ".
DISCUSSION
As indicated in the 10 -Day Report" (Attachment C) and made available for public review
on January 29, 2015, in the limited time allotted by the Initial Ordinance, City staff and the
City Attorney's Office have been analyzing AB 1147 to determine the changes needed to
the City's current massage ordinance and zoning regulations, to ensure that the City has
adequate code language to legally regulate and license massage establishments.
Massage establishments remain a difficult business to monitor. Public Safety personnel
continually monitor these businesses; and advertisements on the web suggest that illegal
activities may be taking place at some of these locations. An extension of this moratorium
will allow City staff, in conjunction with the City Attorney's Office, time to continue studying
the effects of AB 1147 to determine whether the City municipal codes should be amended
with different, or additional provisions or regulations with respect to massage
establishments.
LEGAL REVIEW
This staff report and Ordinance No. 946 has been reviewed and approved by the City
Attorney.
PUBLIC NOTICE PROCESS
Pursuant to California Government Code Section 65091, this public hearing notice has
been published in at least one (1) newspaper of general circulation within the local agency,
as the number of owners of real property within 300 feet of the project site is greater 1,000.
Lastly, this notice is also posted in six (6) public locations, specifying the availability of the
application, plus the date, time and location of the public hearing.
Submitted by:
Michelle G. Ramirez
Community Development Director
Attachment A — Ordinance No. 945
Attachment B — Proposed Ordinance No. 946
Attachment C — 1 0 -Day Report