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City of San Leandro <br />Meeting Date: October 20, 2014 <br />Urgency Ordinance <br />Agenda Section:File Number:14-443 ACTION ITEMS <br />Agenda Number: <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:URGENCY ORDINANCE Making Findings and Establishing a Temporary <br />Moratorium on the Establishment or Relocation of New and Existing Massage <br />Establishments to Become Effective Immediately (establishes a 45-day <br />moratorium on the issuance of business licenses for massage establishments) <br />WHEREAS, the City of San Leandro has an interest in planning and regulating the use of <br />property within the City. Implicit in any plan or regulation is the City's interest in maintaining <br />the quality of urban life and the character of the City's neighborhoods. Without stable, <br />well-planned neighborhoods, sections of the City can quickly deteriorate, with tragic <br />consequences to social, environmental, and economic values; and <br />WHEREAS, cities have traditionally had a high degree of local control related to local <br />zoning and land use authority over massage establishments; and <br />WHEREAS, the California Legislature adopted Senate Bill 731, effective July 1, 2009, <br />adding and repealing Chapter 10.5 (commencing with Section 4600) of Division 2 of the <br />Business and Professions Code, relating to massage therapy (“Massage Therapy Act”); and <br />WHEREAS, the Massage Therapy Act placed substantial limits on cities’ regulation of <br />massage establishments as it relates to business licensing, zoning, and health, safety, and <br />welfare regulation; and <br />WHEREAS, in 2009, San Leandro had 11 establishments that provided massage and now <br />has 30 establishments that provide massage; and <br />WHEREAS, cities throughout California have received numerous complaints regarding <br />illicit activity, including prostitution, at massage establishments. In San Leandro one massage <br />establishment, with a history of multiple offenses for prostitution since 2011, was recently shut <br />down as part of a county-wide enforcement sting operation; and <br />Page 1 City of San Leandro Printed on 10/14/2014