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File Number: 15-565 <br />monitoring changes at the State level related to acceptable education standards for California <br />Massage Therapy Council (“CAMTC”) massage therapists to ensure that the proposed <br />ordinance includes appropriate education standards for massage therapists operating within <br />the City. <br />Staff recommends that the City Council extend the previously adopted, and previously <br />extended, moratorium on the establishment or relocation of massage establishments to <br />provide additional time to study and plan an approach to massage regulation following the <br />passage and adoption of Assembly Bill 1147. <br />Pursuant to Government Code section 65858, the City may establish a moratorium prohibiting <br />any uses that may be in conflict with a contemplated zoning proposal that the legislative body <br />or the planning department is considering or studying or intends to study within a reasonable <br />time. The City may adopt or extend a moratorium on an urgency basis provided that the City <br />finds that there exists a threat to the public health, safety and welfare. <br />Staff and the City Attorney have prepared the attached urgency ordinance for the City <br />Council’s consideration. As described in more detail below, this urgency ordinance would <br />extend a temporary moratorium on the issuance of business licenses for massage <br />establishments and the relocation of existing massage establishments. The moratorium would <br />not prohibit: <br />1.The renewal of a business license for an existing massage establishment that seeks to <br />maintain the massage establishment in its current location, in a manner, and housed within a <br />building, which complies with all City, State, Federal or otherwise applicable, codes, rules, <br />regulations or laws; and <br />2.Persons engaged as: (a) physicians, surgeons, chiropractors, osteopaths, nurses, physical <br />therapists, or acupuncturists who are duly licensed to practice within the scope of their <br />licenses; (b) employed at hospitals, nursing homes, sanitariums, or any other health facility <br />licensed by the state; (c) coaches or trainers acting within the scope of their employment at <br />accredited high schools, junior colleges, colleges or universities, and (d) trainers of amateur, <br />semi-professional or professional athletes or athletic teams while engaged in their training <br />responsibilities for and with athletes, and working in conjunction with a specific athletic event. <br />3.The issuance of a business license to, or relocation of, a California Massage Therapy <br />Council certified massage establishment until AB 1147 takes effect on January 1, 2015. <br />Government Code Section 65858(d) states: “Ten days prior to the expiration of an interim <br />ordinance or any extension, [the City Council] shall issue a written report describing the <br />measures taken to alleviate the conditions which led to the adoption of the ordinance.” <br />Pursuant to this provision the City Council hereby reports that, due to the changes in state law <br />that amended the Business and Professions Code to return land use authority over massage <br />establishments to cities relative to the location and operation of massage establishments, the <br />extension of the interim ordinance for an additional one year pursuant to Government Code <br />Section 65858 is necessary to ensure that contemplated amendments to the City’s Municipal <br />Page 3 City of San Leandro Printed on 9/29/2015