HomeMy WebLinkAboutOrdinance No. 2015-O9URGENCY ORDINANCE NO. 2015-09
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION
65858, EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND
FIFTEEN (15) DAYS A MORATORIUM TEMPORARILY PROHIBITING
THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES
PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING
STANDARDS
WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City of
Azusa ("City") to make and enforce within its limits all ordinances and regulations not in
conflict with general laws; and
WHEREAS, in 2008, the California Legislature passed legislation, Senate Bill 731,
which effectively ended most local regulation of massage establishments; and
WHEREAS, Senate Bill 731 has been widely criticized by local agencies and other
groups for providing massage businesses with unprecedented protection from local zoning and
land use authority, and interfering with local law enforcement efforts to close massage
businesses allowing prostitution and other illegal activities; and
WHEREAS, prior to the passage of Senate Bill 731 and the City's previous moratorium,
there were only four massage parlors within the City; and
WHEREAS, since the prior moratorium ended, the City has seen explosive growth in the
number of massage parlors — seventeen massage parlors now operate in the City; and
WHEREAS, the increased number of massage parlors resulted in an increase of police
and code enforcement calls and services to many of those establishments, some of which are
suspected of allowing and encouraging sexually explicit activity to occur on the premises,
including prostitution; and
WHEREAS, during City inspections of some existing massage parlors, City inspectors
found violations of the Azusa Municipal Code and California law, including workers
compensation insurance and minimum wage violations, that lead to over $50,000 in fines; and
WHEREAS, arrests have occurred throughout Southern California on prostitution
charges associated with massage parlors and arrests both in Southern California and nationwide
have tied massage parlors to human trafficking; and
WHEREAS, in the last 36 months, the Azusa Police Department has received numerous
calls for service and complaints for incidents occurring at massage establishments, including
reports of prostitution being conducted on the premises and human trafficking occurring through
the parlors; and
WHEREAS, a citizen informant has specifically testified that over the past year or so
employees of several different massage parlors he has attended have begun offering sex and
encouraging that he pay them for sexual services; and
WHEREAS, in accordance with Senate Bill 731, the Azusa Municipal Code ("AMC")
currently allows massage establishments to locate as of right in the same zones, with the same
zoning restrictions and requirements of other personal services or professional businesses; and
WHEREAS, the California Legislature passed Assembly Bill 1147, recently signed into
law by Governor Jerry Brown, which went into effect on January 1, 2015, in response to
widespread criticism of Senate Bill 731; and
WHEREAS, Assembly Bill 1147 authorizes cities and counties to use zoning and
licensing processes to regulate massage establishments by imposing reasonable zoning, business
licensing, and health and safety requirements on massage establishments; and
WHEREAS, on July 27, 2015, the City Council adopted Urgency Ordinance No. 2015-
07 pursuant to Government Code Section'65858 establishing a forty-five (45) day moratorium
on the issuance of any entitlements for the establishment or operation of a "massage
establishment," as defined in Assembly Bill 1147; and
WHEREAS, while no new regulations have been formulated or proposed in the brief
time since the adoption of the moratorium, much progress has been made toward identifying key
stakeholders and logical next steps; and
WHEREAS, City staff, the Police Department, and the City Attorney's office are
continuing to conduct research into the possible and likely impacts of further regulating massage
establishments in the City in order to mitigate such impacts; and
WHEREAS, City staff is continuing to gather factual data regarding the adverse impacts
experienced by other cities that permit massage establishments. This information is currently
being processed as a tool to draft provisions for regulating massage parlors in the City; and
WHEREAS, as a result, the City Council desires to extend the moratorium for a period
of ten (10) months and fifteen (15) days to allow staff and the City Council the opportunity to
continue to research and select the best course of action for the City's citizens and the
community at large; and
WHEREAS, in preparation for further extending Urgency Ordinance No. 2015-07 , and
pursuant to Government Code Section 65858(d), the City staff issued a written report on August
28, 2015 describing the measures taken to alleviate the conditions which led to the adoption of
Urgency Ordinance No. 2015-07; and
WHEREAS, based on the report, the City Council has determined that the circumstances
and conditions that led to the adoption of Urgency Ordinance No. 2015-07, which are set in the
recitals of Urgency Ordinance No. 2015-07, have not been alleviated as of the date of this
Ordinance and continue to create the concerns described in Urgency Ordinance No. 2015-07;
and
WHEREAS, the City has substantially complied with the notice and public hearing
required by Government Code Section 65858 (a) of the California Government Code for the
extension of Urgency Ordinance No. 2015-07.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS
FOLLOWS:
SECTION 1. FINDINGS.
The above recitals, and the recitals accompanying Urgency Ordinance No. 2015-07, are
true and correct and are incorporated herein by reference. The Azusa City Council hereby finds
and determines that this Urgency Ordinance is necessary for the immediate protection of the
public safety, health and welfare.
SECTION 2. EXTENSION OF MORATORIUM.
The City Council hereby extends the moratorium established under Urgency Ordinance
No. 2015-07 for a period often (10) months and fifteen (15) days. No business license or other
permit or entitlement shall be issued for the establishment or operation of a "massage
establishment," as defined in Assembly Bill 1147, until July 22, 2016. The Azusa City Council
hereby finds that there is an urgent need to extend this temporary prohibition in order to
eliminate the current and immediate threats set forth above.
SECTION 3. ADOPTION.
Pursuant to Government Code Section 36937, this Urgency Ordinance is designed to
protect the health, safety, and welfare of the City and its residents and becomes effective
immediately upon adoption by a four-fifths (4/5) vote of the City Council following the notice
and public hearing required by Government Code Section 65858(x).
SECTION 4. TERM.
This Urgency Ordinance is adopted under the provisions of Government Code Section
65858 and 36937(b), and shall take effect immediately upon its passage by a four-fifths vote of
the City Council. This Urgency Ordinance shall remain in effect for ten (10) months and fifteen
(15) days from its adoption, unless earlier repealed.
SECTION 5. REPORT REQUIRED
No less than ten (10) days prior to the scheduled expiration of this Urgency Ordinance,
staff shall issue a report on behalf of the City Council on the progress of its study and on
determinations for how the City should proceed, insofar as conclusions have been drawn.
ACT SECTION 6. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY
The City Council finds that this Urgency Ordinance is not a project within the meaning of
Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines,
because it has no potential for resulting in physical change in the environment, directly or
indirectly. The City Council further finds, under Title 14 of the California Code of Regulations,
section 15061(b)(3) that this interim urgency ordinance is nonetheless exempt from the
requirements of CEQA. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 7. SEVERABILITY
If any .provision of this Urgency Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect other provisions or applications of this Urgency Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Urgency
Ordinance are severable. The City Council hereby declares that it would have adopted this
Urgency Ordinance irrespective of the invalidity of any particular portion thereof.
PASSED, APPROVED, and ADOPTED this 81h day of September, 2015.
oseph Romero Rocha
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Jeffrey Lawrence Cornejo Jr., City Clerk of the City of Azusa, do hereby certify that the
foregoing Interim Urgency Ordinance No. 2015-09 was duly introduced and adopted at a regular
meeting of the City Council held on the 8th day of September, 2015, by the following roll -call
vote, to wit:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: ALVAREZ
ABSTAIN: COUNCIL MEMBERS: NONE
APPROVED AS TO FORM:
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City AAttoey
Best Krieger, LP