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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2014-019 URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR RELOCATION OF NEW AND EXISTING MASSAGE ESTABLISHMENTS TO BECOME EFFECTIVE IMMEDIATELY WHEREAS, the City of San Leandro has an interest in planning and regulating the use of property within the City. Implicit in any plan or regulation is the City's interest in maintaining the quality of urban life and the character of the City's neighborhoods. Without stable, well- planned neighborhoods, sections of the City can quickly deteriorate, with tragic consequences to social, environmental, and economic values; and WHEREAS, cities have traditionally had a high degree of local control related to local zoning and land use authority over massage establishments; and WHEREAS,the California Legislature adopted Senate Bill 731, effective July 1, 2009, adding and repealing Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code, relating to massage therapy ("Massage Therapy Act"); and WHEREAS, the Massage Therapy Act placed substantial limits on cities' regulation of massage establishments as it relates to business licensing, zoning, and health, safety, and welfare regulation; and WHEREAS, in 2009, San Leandro had 11 establishments that provided massage and now has 30 establishments that provide massage; and WHEREAS, cities throughout California have received numerous complaints regarding illicit activity, including prostitution, at massage establishments. In San Leandro one massage establishment, with a history of multiple offenses for prostitution since 2011, was recently shut down as part of a county-wide enforcement sting operation; and WHEREAS, San Leandro, consistent with the Massage Therapy Act, has no existing zoning regulations that address the location of California Massage Therapy Council ("CAMTC") certified massage establishments near potentially sensitive areas throughout the City; and WHEREAS, the California Legislature recently passed Assembly Bill 1147,which is effective January 1, 2015, amending Section 460 of, and adding and repealing Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code, and amending Section 51034 of the Government Code; and WHEREAS,Assembly Bill 1147 will return land use authority over massage establishments to cities; and