HomeMy WebLinkAbout01 WRITTEN REPORT REQUIRED BY GCS 65858(D)Agenda Item SP i AGENDA REPORT Reviewed. C ty Manager. Finance Director NIA MEETING DATE: NOVEMBER 18, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: PAMELA ARENDS-KING, FINANCE DIRECTOR/CITY TREASURER JULIE INTERANTE, CUSTOMER SERVICES SUPERVISOR SUBJECT: WRITTEN REPORT REQUIRED BY GOVERNMENT CODE SECTION 65858(D) IN REFERENCE TO INTERIM URGENCY ORDINANCE NO. 1451, PROHIBITING THE ESTABLISHMENT OR EXPANSION OF MASSAGE ESTABLISHMENTS SUMMARY: On October 21, 2014, the City Council of the City of Tustin unanimously adopted Interim Urgency Ordinance No. 1451, prohibiting the establishment or expansion of massage establishments for a period of 45 days. The temporary 45 -day moratorium is set to expire on December 5, 2014. Pursuant to Government Code Section 65858(d), at least ten (10) days prior to the expiration or extension of a moratorium, the City Council must issue a report describing the measures taken to alleviate the conditions leading to the adoption of the Interim Urgency Ordinance. This document constitutes the written report required by Government Code Section 65858(d). RECOMMENDATION: That the City Council receive and file this report. FISCAL IMPACT: None. BACKGROUND: Since the enactment of Interim Urgency Ordinance No. 1451, representatives from the Police Department, Community Development, Finance, and the City Attorney's Office have taken the following actions: 1. Convened to discuss potential revisions to the Zoning Ordinance (Tustin City Code, Article 9 — Land Use) and the City's Business Regulations (Tustin City Code, Article 3, Chapter 1, Part 3 — Massage Establishments). Agenda Report November 18, 2014 Page 2 2. Met and corresponded with representatives from other local jurisdictions regarding regulation of massage establishments. 3. Reviewed massage regulations and enforcement plans proposed by other local jurisdictions. 4. Assessed the total number of massage establishments located in the City, and the distribution of these establishments across the City's zoning districts. 5. Continued to monitor massage establishments in the City suspected of illicit activity, including those establishments that commonly advertise their services on adult -only websites using suggestive language and provocative photographs of scantily -clad women, and/or generate reviews on websites where patrons can post reviews and information regarding the sexual services provided at the establishments. The City Council will consider an extension of the moratorium at its December 2, 2014 meeting. City Staff recommends an extension of the moratorium for an additional ten (10) months and fifteen (15) days for the following reasons: 1. The secondary effects of illicit massage establishments, which gave rise to the need for the moratorium, still exist. 2. To provide additional time to adequately address the issue of proliferation of massage establishments in the City, and to review and study measures to be undertaken to discourage the location and operation of illicit massage establishments in the City. This includes, without limitation: a. Research and draft revisions to the Zoning Ordinance (Tustin City Code, Article 9 — Land Use), including feasibility of requiring a Conditional Use Permit or other special permit and/or restricting the zoning districts within which massage establishments are permitted to locate (the City does not have specific land use regulations in place to govern proposals for the siting of massage establishments). b. Research and draft revisions to the City's Business Regulations (Tustin City Code, Article 3, Chapter 1, Part 3 — Massage Establishments), including an update of permitting requirements, conditions of operation, and enforcement provisions. Agenda Report November 18, 2014 Page 3 c. Review enforcement plans from other local jurisdictions, and formulate action plans to address illicit massage establishments in the City.