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HomeMy WebLinkAbout11 SECOND READING & ADOPTION OF ORDINANCE NO. 1467Agenda Item 11 AGENDA REPORT City Manager Finance Director N1A MEETING DATE: JULY 5, 2016 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. RABE, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1467 SUMMARY: Ordinance No. 1467 amends Tustin City Code (TCC) amends Section 3713 (Part 1 of Chapter 6 of Article 3) of the Tustin City Code. Currently, Section 3713 provides that massage establishment permits must be renewed annually by January 31 of each calendar year. The proposed ordinance would shift the annual renewal date to June 30 to reduce staff workload during the regular Business License renewal period at the close of the calendar year. Additionally, to facilitate this transition from calendar -year to fiscal -year massage establishment permit renewals, the proposed ordinance would extend the expiration date of current massage establishment permits issued on or after January 31, 2016 by five months. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1467 (roll call vote). BACKGROUND: On June 21, 2016, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3713 OF THE CITY CODE REGARDING THE TERM OF MASSAGE ESTABLISHMENT PERMITS ORDINANCE NO. 1467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3713 OF THE CITY CODE REGARDING THE TERM OF MASSAGE ESTABLISHMENT PERMITS. The City Council of the City of Tustin does hereby ordain as follows: SECTION I. Section 3713 — "Term" of the Tustin City Code is hereby amended to read as follows: 3713 -- TERM Unless a different term is specified in this Article, permits shall be valid from the date of issuance until revoked or abandoned. Massage establishment permits shall be valid from the date of approval by the City until June 30 of the following calendar year, and shall be renewed annually on or before June 30. SECTION II. Extension of Existing Massage Establishment Permits. Massage establishment permits issued on or after January 31, 2016 shall remain valid until June 30, 2017, and shall thereafter be renewed annually. SECTION III. Effective Date. This Ordinance shall take effect on the 31St day after its adoption. The City Clerk or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION IV. CEQA Exemption. The City Council finds that the proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION V. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 5t1 day of July 2016. JOHN NIELSEN, Mayor ATTEST: ERICA N. RABE, City Clerk APPROVED AS TO FORM: DAVID KENDIG, City Attorney ORDINANCE CERTIFICATION STATE OF CALIFORNIA } COUNTY OF ORANGE ) CITY OF TUSTIN ) ORDINANCE NO. 1467 I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1467 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 21 St day of June, 2016 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 51h day of July, 2016 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Erica N. Rabe, City Clerk