HomeMy WebLinkAboutOrdinance No. 2016-O4URGENCY ORDINANCE NO. 2016-04
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 65858, EXTENDING FOR A PERIOD OF ONE YEAR 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 establishments with unprecedented protection from local zoning
and land use authority, as well as interfering with local law enforcement efforts to close massage
establishments 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 establishments within the City; and
WHEREAS, since the prior moratorium ended, the City has seen the number of massage
establishments in the City explode from four to a peak of seventeen; and
WHEREAS, the increased number of massage establishments 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 establishments before the
first ten (10) month and fifteen (15) day moratorium extension was adopted, the Azusa Police
Department found violations of the Azusa Municipal Code ("AMC") and California law,
including workers' compensation insurance and minimum wage violations that led to over
$50,000 in fines; and
WHEREAS, arrests have occurred throughout Southern California on prostitution
charges associated with massage establishments and arrests both in Southern California and
nationwide have tied massage establishments to human trafficking; and
WHEREAS, in the last 46 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 establishments; and
WHEREAS, a citizen informant has specifically testified that two years ago, employees
of several different massage establishments he has attended offered him sex and encouraged him
to pay them for sexual services; and
WHEREAS, in accordance with Senate Bill 731, the 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, on September 8, 2015, following notice and a public hearing, the City
Council adopted Urgency Ordinance No. 2015-09 pursuant to Government Code Section 65858
extending the moratorium an additional ten (10) months and fifteen (15) days; and
WHEREAS, since the first extension of ten (10) months and fifteen (15) days was
adopted by the City Council, the Azusa Police Department along with Azusa Code Enforcement
and the Los Angeles Sheriffs Department conducted two massage establishment code and
compliance operations, the first conducted on September 17, 2015 and the second conducted on
May 3, 2016. The two operations collectively issued twenty-nine (29) citations amounting to
$39,750 in fines, including the following:
• In two massage establishments, Azusa Police officers discovered customers naked
and having their genitals massaged;
• One massage establishment received fifteen citations alone and is still operating
today; and
• One customer advised law enforcement that the massage establishment he was at
accepts cash in exchange for sexual acts; and
WHEREAS, these operations confirmed the City's concern that massage establishments
in the City of Azusa were being used as gateways for illicit activities, including illegal sexual
activity such as prostitution; and
WHEREAS, these operations revealed that even the most basic rules and regulations are
not being followed, such as failing to have business licenses posted in the lobby, not having
permanently installed soap dispensers in the restroom, not labeling clean and soiled linens,
having various internal and external doors locked, not having a manager on the premises, and
using flashing lights in front of the business. Many of the same violations were recorded in the
second code and compliance operation as were recorded in the first; and
WHEREAS, while no new regulations have been formulated or proposed in the time
since the adoption of the moratorium and during the subsequent first extension of ten (10)
months and fifteen (15) days, 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 in order to draft provisions for
regulating massage establishments in the City; and
WHEREAS, as a result, the City Council desires to extend the moratorium a second and
final time for a period of one year to allow City Staff the opportunity to continue to research and
select the best course of action for the City; 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 July 7,
2016 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
Urgency 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 of the City and its residents.
SECTION 2. SECOND AND FINAL EXTENSION OF MORATORIUM.
The City Council hereby extends the moratorium established under Urgency Ordinance
No. 2015-07 a second and final time for a period of one year. 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, 2017. 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 public safety, health, 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(a).
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 (4/5)
vote of the City Council. This Urgency Ordinance shall remain in effect for one year from its
adoption, unless earlier repealed.
SECTION 5. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY
ACT
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 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 6. 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 18th day of July, 2016.
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/Ioseph Romero Rocha,
Mayor
ATTEST:
qJf4�0 ce Cornejo r.,
City Clerk
APPROVED AS TO FORM:
Marco Martinez,
City A tomey
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Urgency Ordinance No. 2016-04, was duly
introduced and adopted at a regular meeting of the Azusa City Council on the 18`h day of July,
2016, by the following vote of the Council:
AYES: COUNCILMEMBERS: CARRILLO, GONZALES, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
9Je rA
e Cornejo, J .,
City Clerk