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City of San Leandro <br />Meeting Date: June 20, 2016 <br />Staff Report <br />Agenda Section:File Number:16-317 ACTION ITEMS <br />Agenda Number:10.A. <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:Staff report for an ordinance amending San Leandro Municipal Code Chapter <br />4.23 to repeal provisions related to the regulation of acupuncturists and to <br />regulate the operation of massage establishments; and to repeal the <br />ordinance establishing a moratorium on massage related land uses. <br />RECOMMENDATIONS <br />Staff recommends that the City Council adopt the attached Ordinance amending San Leandro <br />Municipal Code Chapter 4.23 to repeal provisions related to the regulation of acupuncturists <br />and to regulate the operation of massage establishments; and to repeal the ordinance <br />establishing a moratorium on massage related land uses. <br />BACKGROUND AND SUMMARY <br />In 2009, the California Legislature adopted Senate Bill 731 (“SB 731”), which added the <br />Massage Therapy Act into state law. The Massage Therapy Act effectively eliminated local <br />zoning authority over massage establishments and limited the City of San Leandro’s ability to <br />regulate massage establishments through business licensing, zoning, and health, safety, and <br />welfare regulations. As a result, staff stopped enforcing provisions of the City’s Zoning Code <br />and Municipal Code that were inconsistent with SB 731. <br />Prior to the effective date of the Massage Therapy Act, San Leandro had 11 establishments. <br />After the passage of the Massage Therapy Act in 2009, the number of massage <br />establishments in the City increased to approximately 45. The noticeable increase in <br />establishments was similar to other cities in Alameda County. Like San Leandro, cities <br />throughout California received numerous complaints regarding illicit activity at massage <br />establishments, including prostitution and human trafficking. Because of increased <br />complaints, the Police Department diverted significant public safety resources to investigate <br />complaints of illicit activity at numerous massage establishments. In San Leandro, one <br />massage establishment, with a history of multiple offenses for prostitution since 2011, was <br />Page 1 City of San Leandro Printed on 6/14/2016