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HomeMy WebLinkAboutCA Urgency Massage OrdinanceDepartment: City Attorney Agenda Item No: 4. a Meeting Date: January5,2015 I Prepared by: Robert F. Epstein, City Attorney City Manager Approval.),?xt(le(" Lisa A. Goldfien, Asst. City Attorney SUBJECT: Consideration of an Ordinance of the City Council of the City of San Rafael Adopted as all Urgency Measure imposing a Temporary Moratorium on the Establishment all(] Operation of New Massage Establishments within the City of San Rafael. RECOMMENDATION: Hold a public hearing and then adopt the LI1-0eIICy ordinance. L, Z' BACKGROUND: Since the 1970's, California Government Code Section 5 1030 has authorized California cities and COLInties to adopt ordinances to re(YUlate the [)LISilleSS ofmassa(We thrOLIgh a licensing process, and PLII-SLIallt to SLICII 11.1thority, the City of San Rafael historluilly has imposed variOLIS re('LIlatiOIlS Oil 111aSSa(-'e/and Or bodywork establishments ("massage establishments") operating, WithinWithinthe City. The City CLII-I-elltly re(Y' Ulates the permitted Uses Of Peal property within the City pLII'SUant to tile provisions of Its Zoning ordinance, codified in Title 14 of the San Rafael MUIlicipal Code, and PLU'SUant to SLICII aLItllOI-ity, the City has for many years I-C"LlIated the operation ofillassa(ye establishments. However, in 2008, the State Legislature adopted Senate Bill 731, the Massage Therapy Act., establishing a new statutory scheme for a VOILII)tary certification program for massage professionals that WOLIld entitle them to rely oil a Uniform set Of OCCLIpational regUlations, and that WOLIld, for massage establishments Where all massage practitioners are so certified, prohibit cities from imposing special zonino and land Use reqUirements not applicable to other personal and professional services. This prohibition against land Use reoUlations specifically directed at massage establishments was I significant restriction of the powers Z:, C� zll previously available to cities for re()Ulati011 Of Such businesses. Z:� In 2010, tile City COL11161 adopted Ordinance No. 1890, now codified as San Rafael Municipal Code Chapter 10.90 entitled -Massage Therapy"', which SUbstantially changed the City's regulations for State- Z:� Z-- ang certified massage practitioners and massa(,e establishments operated by them. to brie- those re(11.11,16011S C71 -1 into conformance with the Massage Therapy Act. C� File No.: A—Io- Disposition: S) i2d ( K C104 4-1AV- 14 .29 SAN RAFAEL CITY COUNCIL AGENDA REPORT /Paae:2 lnthe years since the enactment ofthe Massage Therapy Act, many California cities have cx icnceda dnzma1iuincrcuscinihcnumhurofmusougecoiub|isbmooteopco¢iuoin1hCirjurisJictiono,andhavebeen kustn¢cd by their inability Wider the law to ru')u|oie the location, spacing requirements or conditions for operation ofthese businesses. |n San Rafael. City staff has rc(u|udyreceived uomp|oiu$bnm members ofthe pUblic about the orowth ill the IlUmber of massage establishments within the City, iIlClLIdin() complaints oftheir over -concentration and adverse impacts ill the Dowiltowll area. The emer�in�difOouhi�a with the Massage Act rCsu|ied III the recent adoption Assembly Bill !|47,which became effective oil ]anoury |,ZO\5anJamended the Massage Therapy Act toonce a0ain permit cities tn Use their land uac powers to nc�o|uio n�ussu�o establishments differently than otherpersonal or professional services establishments located within their-JUrisdictiolls. ANALYSIS There have been significant changes in State |a,» in recent years, indudingthe restoration o[tile Qiy`s powers to impose land Use regulations oil massa-oestab|iehmcnts Under Assembly Bill 1147. Moreover, tile City's zoninoordinance perinitathe City to6os*rbannouiouaand workable relationships mnong,land uscs and reduce or remove negative impacts caused by inappropriate |ouudoo o[uses. There fore the City owes aresponsibility to all interested pers000, inch/dhnothe operators ofexisting and proposed mossu')c cs1ob|icbmunts, potentially affected sonnunding residents and buoiueases, and dle public at \aryc, to conduct u comprehensive study ofconeoi maoya(ye establishment land usC rcou|ations, and the Oty"a options for imprnvin�Ubu�O�4iv�nueeofiboscr��o|o1ions. The establishment and operation ofne\» massage csiub|ishmcnts Within thc City, iou|udin)thc re|uc31ion of existing musxag e establishments to nem,, locations within the City, prior to completion o[suuh o comprehensive study and possible adoption ofnew oramended land uac reOu|uduua ()ovenoingmossog establishments. creates all immediate tbrco1 to public yuf'e1y, health and welfare, in that such opCruhona threaten to uuumc adverse impacts to surrounding residents and buoincSaeS, ioc|uding impacts on or related ioovcr-conucnto¢ioo,available parking, traffic, noise, outdoor |i�h1in��suuhudon,and pvopc�yvalues. As drafted. the moratorium \VOUld not apply to massa0e establishments \;vhIch are already operatim, ill the Ory ill compliance with City ordinances, so long as they maintain their present location, nor would it apply to prevent the transfer ofyuch a business to new owner. |n addition, i[ucomplete application has been received by the City [ora certificate or permit Under tile O1y`a muaaugc ordinance prior to adoption o[the Urgency ordinance, the mooziodum would not prevent the City 0vm processing and uppnovin(ydhot upp|iuUiou. The temporary morutodum ordinance will allow City Staff to: (l) determine 1he numbcruod location o[ cxim|iuo massan establishments within the City; (2)review and analyze provisions ofthe City's Zoning Ordinance and other laws and I-egUlations applicable to massage establishments; (3)Studvand research options for alternative |uud uye regulations; and (4)draft any recommended new or amended |uod u»c regulations governing massulge establishments for consideration by the City Councii FISCAL IMPACT: There will be no direct fiscal impact of the Couoci[s adoption of the attached moratorium ordinance. other than the commitment of City Attorney and Muonio(I Staff bme to dlc a1udv and imp|ementation of applicable law. OPTIONS: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paige: 3 Decline to adopt the ordinance as an urgency ordinance, and instead pass ordinance to print and schedule for adoption at a subsedaent COL11161 meetin1. Decline to adopt a moratoriUun ordinance, and provide specific direction to staff regarding the study or drafting of Municipal Code amendments governing massage establishments in the City. AC.'TION REQUIRED: Open the public hearing and take public comment, close the public hearing, and adopt the Urgency Ordinance by an affirmative vote of at least four COnncilmembers. ATTACHMENTS: Urgency Ordinance ORDINANCE NO. 1928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE IMPOSING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY OF SAN RAFAEL THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council has broad discretion pursuant to Article III, Sections 16 and 59 of the City Charter; California Constitution Article XI, Section 5; and the general law of the state, including but not limited to the California Planning and Zoning Law (Gov. Code §§65000 et seq.), to legislate for public purposes and for the general welfare, including but not limited to matters of public health and safety; and WHEREAS, since the 1970's, California Government Code section 51030 has authorized California cities and counties to adopt ordinances to regulate the business of massage through a licensing process. and pursuant to such authority, the City of San Rafael historically has imposed various regulations on massage and/or bodywork offices or establishments (hereafter "massage establishments") operating within the City. Those regulations are currently codified as Chapter 10.90 of the San Rafael Municipal Code entitled "Massage Therapy"; and WHEREAS, the City regulates the permitted uses of real property within the City pursuant to the provisions of its zoning ordinance, codified in San Rafael Municipal Code Title 14 ("the Zoning Ordinance"), and pursuant to such authority the City has for many years also regulated the uses of real property within the City for the operation of massage establishments; and WHEREAS, in 2008 the State Legislature adopted Senate Bill 731, the Massage Therapy Act, establishing a new statutory scheme for a voluntary certification program for massage professionals that would entitle them to rely on a uniform statewide set of occupational regulations and that would, for massage establishments where all the massage practitioners are so certified, prohibit cities from imposing special zoning and land use requirements not applicable to other personal and professional services; and WHEItEAS, since 2010, the City has been regulating massage professionals and massage establishments in compliance with the Massage Therapy Act; and WHEREAS, the State Legislature recently adopted and the Governor signed Assembly Bill 1147, which became effective on January 1, 2015 and amended the Massage "Therapy Act to once again permit cities to use their land use powers to regulate massage establishments differently than other personal or professional services establishments located within their jurisdictions; and WHEREAS, the City regularly receives complaints from members of the public about the growth in the number of massage establishments within the City, including complaints of their over -concentration and adverse impacts in the Downtown area; and WHEREAS, pursuant to Government Code section 65858, in order to protect the public health, safety or welfare, the City Council may, by an affirmative vote of at least four-fifths (4/5) of its members, and without following the procedures otherwise required prior to the adoption or amendment of a zoning ordinance, adopt an interim urgency ordinance to prohibit uses that may be in conflict with a contemplated general plan or zoning proposal that the City is studying or intends to study within a reasonable time; and WHEREAS, due to the significant changes in State law in recent years and the restored powers of` the City to impose land use regulations on massage establishments Linder Assembly Bill 1147, the City Council finds that it is timely and important for City staff to undertake a comprehensive study of current massage establishment regulations, and the City's options for improving the effectiveness of` those regulations; and WHEREAS, the establishment and operation of new massage establishments within the City prior to completion of such a study and possible adoption of new or amended land use regulations governing massage establishments, creates a current and immediate threat to the public safety, health, and welfare, in that such operations threaten to cause adverse impacts to surrounding residents and businesses, including impacts on or related to over -concentration, available parking, traffic, noise, outdoor lighting, sanitation, and property values; and WHEREAS, for the reasons stated above, the San Rafael City Council finds that it is appropriate and necessary to adopt a temporary moratorium on the establishment of new massage establishments within the City. The temporary moratorium will allow the City Staff to undertake a comprehensive study to (1) determine the number and location of existing massage establishments within the City; (2) review and analyze the provisions of the Zoning Ordinance and other laws and regulations applicable to massage establishments., (3) study and research options for alternative land use regulations; and (4) draft any recommended new or amended land use regulations governing massage establishments for consideration by the City Council; and WHEREAS, the City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation ofthis temporary moratorium ordinance may have a significant effect on the environment, since this ordinance does not authorize construction or installation of any facilities and, in fact, imposes greater restrictions on such construction and installation in order to protect the public health, safety and general welfare, "I'his ordinance is therefore exempt from the environmental review requirements of the California 1.'riviromriental Quality Act (CFIIQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations; 2 NOW, THEREFORE, the City Council of the City of San Rafael does hereby ordain as follows: DIVISION 1. -- FINDINGS. Pursuant to the provisions of Government code section 65858, the City Council of the City of'San Rafael hereby finds as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. Based on the recitals above, the City Council hereby finds and determines that the establishment or commencement of operation of massage establishments within the City prior to the City completing a study of the existing and potential impacts and regulation of such use would pose a current and immediate threat to the public peace, health, safety, and welfare, and that a temporary moratorium on the establishment of such uses is therefore necessary. 3. This ordinance is necessary as an urgency measure to preserve the public peace, health or safety. DIVISION 2. -- IMPOSITION OF MORATORIUM. 1. During the term of this temporary moratorium, no new massage establishment, as defined in section 14.03.030 of the Zoning Ordinance, including but not limited to massage establishments operated as home occupations, shall be opened and/or operated in any zoning district within the City. Provided however, that if a massage establishment is doing business at a location within the City in compliance with the applicable provisions of the current Zoning Ordinance and San Rafael Municipal Code Chapter 10.90 prior to adoption of this Ordinance, the moratorium shall not prevent that business from continuing to operate at that location, or prohibit transfer of" the ownership of the business at that location; and shall not prevent the City from approving the establishment and operation of a massage establishment for which a completed application has been submitted under San Rafael Municipal Code Chapter 10.90 prior to the adoption ofthis Ordinance. 2. City staff is directed forthwith to undertake a comprehensive study to (1) determine the number and location of existing massage establishments within the City; (2) review and analyze the provisions of the Zoning Ordinance and other laws and regulations applicable to massage establishments; (3) study and research options for alternative land use regulations; and (4) draft any recommended new or amended land use regulations governing massage establishments for consideration by the City Council. 3. Violations of this temporary moratorium may be charged as infractions or misdemeanors as set forth in Section 1.16.060 of the San Rafael Municipal Code, may be the subject of administrative citations or administrative orders as set forth in Chapters 1.44 or 1.46 of the San Rafael Municipal Code, or may be deemed a public nuisance and may be enforced by all action for injunction or civil penalties as provided in Section 1.42.020, or by any other remedy authorized by law. 3 4. The San Rafael City Manager is hereby authorized to direct all City Departments, including the Code Enforcement Division of the Community Development Department, Police Department and the City Attorney to facilitate compliance with the purpose and intent of this temporary moratorium using the enforcement powers described in the preceding paragraph. DIVISION 3. Pursuant to the pertinent provisions of Government Code section 65858, this interim urgency ordinance shall expire and shall be of no further force and effect forty-five (45) days from and after the date of its adoption; provided however, that after notice and public hearing, the City Council may, upon an affirmative vote of at least four-fifths of its members, extend this interim ordinance as provided in section 65858, for an additional period of time, not to exceed a total extension period of twenty-two (22) months and fifteen (15) days. DIVISION 4. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases are declared invalid. DIVNION 1_ This ordinance is hereby declared to be an urgency measure and shall become effective immediately upon adoption by an affirmative vote of at least four-fifths (4/5) of the members of the City Council pursuant to Government Code section 65858. The City Clerk is directed to publish forthwith a copy of this Ordinance, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. e ATTEST: ESTHER C. BEIRNIE, City Clerk I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, certify that the foregoing Ordinance was passed by the City Council of the City of San Rafael, California, by a vote of at least four-fifths (4/5) of the members thereof, at a regular meeting held on Monday, the 5th day of January, 2015, by the following vote, to wit: 4 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. BEIRNE, City Clerk Marin Independent Journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415) 382-7335 legals@mannij com SAN RAFAEL,CITY OF CITY OF SAN RAFAELCITY CLERK, ROOM 209,1400 FIFTH AVENUE; SAN R SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin FILE NO, 0005374283 I am a citizen of the United States and a resident of the County aforesaid I am over the age of eighteen years, and not a party to or interested in the above matter I am the principal clerk of the printer of the MARIN INDEPENDEN-T JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin. State of California, under date of FEBRUARY 7. 1955, CASE NUMBER 25566, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to -wit 1 212 01201 4 I certify for declare) under the penalty of perjury that the foregoing is true and correct Dated this 221h day of December. 2014 �J_14_ ItA_41c 4.�k"ut/"�fit Signature U Legal No. 0005374283 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING Ycu are invited to attend fhe City Council Clear- I g bn the folic vMng prcject: PROJECT: Temporary Moratorium of Massage Establishments - Consideration of an Urgency -Ordinance imposing a temporary moratorium on the estabhshrnent and operation of ne,.v massage establishments r�itbm the City of San Rafael: File No.: P14 018 As required by state law. the project's potential environmental impacts have been assessed. Adoption of a temporary inor-atorium svili not have a s�J nificant effect on the environment since this ordinance does nct authorize con- struction or installation of any facilities and. in fact, irnposes greater restrictions on suCh con struction and installation in order to protect the public health, safety and general u:elfare and is covered by the general rule, pursuant to CEQA Guidelines Section 15061lb,(,),and is not subject to environmental review. HEARING DATE: Monday, January 5, 2015 at 7�00 P.M. LOCATION: San OCATION- San Rafael City Wali - City Cc uncal Chambers 1406 Fifth Avenue at "D" Street San Rafaeh California WHAT WILL HAPPEN: You can comment on the project. The City Council avail consider ail public testimony and decide whether to adopt the ur gency ordinance. IF YOU CANNOT ATTEND: You can send a letter to the Community Development Department. Planning Division. City of San Rafael, P.O. Box 151560, San Rafael. CA 44915-1560. Yon can also hand deliver 'it prior to the ineeting. FOR MORE INFORMATION :YUu can tiieva the staff report after 5:00 p.m. on the Friday before tale meeting at http:%/'tr✓wti.atgafsanra aei.ttrg/ meetings. SAN RAFAEL CITY COUNCIL /si Esther [ieirne Esther Eeirne CITY CLERK At the above time and place. all tetters received will be noted and ail interested parties will be heard. If you Challenge in court tate matter de- scribed above, you may be limited to raisin+3 only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delrtered at, or prior to, the above referenced put-rlic hearing (Gov- ernment Cade Section 65009 f W {2)f. Jud;r_al review of an administrative decision cf the City Council must be filed rrith the Court not later than the 90th day fcdicwiag the date of the Council's decision. (Code of Cyril Procedure Section 1014.6) Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-1cS5 4voice) or (415" 485-3198 (To[)) at least 72 hours in advance. Copies of documents are available In accessible formats upon re- q ues t. Public transportation to Clty Wall is available through Golden Gate Transit, Line 22 or 23. Para transit is available by calling Whistlestop Wheels at i4 15) 454-&)6:. To allo:b individuals with environmental illness or multiple chemical sensidv)ty to attend the ire-tin/hearing, individuals are requested to refrain Iran wearing scented products. NCS17 UECEh-0.BER 20.2014 CITY OF SAN RAFAEL INSTRUCTIONS*. USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRSA / SRCC AGENDA ITEM NO. DATE OF MEETING: JANUARY 5, 2015 FROM: LISA A. GOLDFIEN, ASSISTANT CITY ATTORNEY DEPARTMENT: CITY ATTORNEY'S OFFICE DATE: DECEMBER 22, 2014 TITLE OF DOCUMENT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE IMPOSING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY OF SAN RAFAEL. i Department Head (signa ' re) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature) v Christine M. Tulis San Rafael, CA 94901 January 5, 2015 Dear Mayor Phillips and Council Members, I am a professional massage therapist who has been in practice for 25 years and have been licensed in both L\111 and CO. I am now a San Rafael resident and am currently in the process of becoming licensed in CA. I am extremely dismayed to learn that you are considering putting a moratorium in place that would prevent me from establishing my practice here. I understand that your intention is to remove illicit massage activity from the city of San Rafael but I do not favor the Urgency Ordinance to put a moratorium on massage establishments. I am a legitimate health practitioner interested in serving the health and wellness needs of this community. Please consider how this moratorium would place an undue hardship on myself and other ethical healing arts professionals. I appreciate the difficulty of the task of shutting down the unlawful establishments but I urge you to not put this moratorium in place as it would be too damaging to those of us who are authentic health care professionals striving to establish our work and livelihoods here. With sincere regards, /1-1-7 ' Christine M. Tulis Rhonda 710 C Street, Suite 713, San Rafael, CA 94901 415.250.1699 Dear Mayor Phillips and Council Members, Although I appreciate the difficulty of the task before you to remove illicit massage establishments from the city of San Rafael, I do not favor the Urgency Ordinance to put a moratorium on massage establishments in San Rafael. Nor do I approve of using zoning to try to "°limit" illicit massage as it simply hurts professional massage therapists too much. When I first tried to open a massage establishment in San Francisco in 1986. I was hoping to open a massage practice in an office adjacent to the Chiropractor I worked with in the Marina district. I was told that this area was not zoned for massage establishments (medical offices or hair colons were OK though), and then told/asked "Don't you want to open a massage establishment in the Tenderlion?" I often wonder what my business would be like today if had been allowed to open that office for myself way back then .. . Please don't take that opportunity away from other young therapists here in San Rafael like it was for me. 1 also want to let you know that I find it offensive that this Urgency Massage Establishment Moratorium Ordinance is written in a way that implies that Senate Pill 731 passed in 2008 and its new zoning regulations (finally preventing professional massage therapist from being discriminated against through old zoning laws) is the reason there are so many illicit massage establishments in San Rafael. This clearly is not the case as it is in complete contradiction to the Mgny conversations 1 had with the City Manager, Police Chief and City Staff. from 2000-2008 when I was a weekly volunteer for the City of San Rafael and Chair of the San Rafael Massage Establishment Ordinance Advisory Committee (MOAC). The problem has been reoccurring and very similar to what you are facing today. I know you are in a pickle right now, but the lack of consistent enforcement ofthe laws that the City of San Rafael has had in place over the last 15 years is perhaps a large part of the problem. Again, I am happy, as are many of the fon-ner MOAC members, to work with the City to come up with more reasonable remedies, as we have done in the past. Professional massage therapist; should not be harmed by your actions and I feel strongly that they will be by a moratorium, even one for 45 days, or by any zoning restrictions different that other health care professionals. Please do your Staff reports and surveys on the massage establishments currently active in San Rafael --licensed and unlicensed --legitimate and illicit --but please don't "throw the baby out with the bathwater" by making it illegal to open a massage establishment in San Rafael. Thank you for your time, 4honda Kutter, CMT Former Volunteer of the City of San Rafael Former Massage Ordinance Advisory Committee Chair Esther Beirne From: Nancy Mackle Sent: Monday, January 05, 2015 11:39 AM To: John Gamblin Cc: Esther Beirne Subject: FW: Urgency Measure Overreaches in its Intent John Looks like you were not included in this list that I am sure was intended for all of City Council. Nancy From: Lisa Goldfien Sent: Monday, January 05, 2015 11:35 AM To: Esther Beirne Cc: Nancy Mackle Subject: FW: Urgency Measure Overreaches in its Intent Re tonight's meeting. From: Paul Jensen Sent: Monday, January 05, 2015 8:51 AM To: Lisa Goldfien; Rob Epstein Subject: FW: Urgency Measure Overreaches in its Intent FYI From: Jonathan Frieman [ Sent: Monday, January 05, 2015 8:35 AM To: Gary Phillips; Rob Epstein; AndrewM AtHome; Maribeth Bushey; Kate Colin; Paul Jensen Subject: Urgency Measure Overreaches in its Intent All, At first 1 thought 1'd not write this email because I thought 2 minutes would be enough to explain to you the reasons why this ordinance should not be passed to print as written, but there are several issues which need written explanation. Unless, of course, you're willing to give me 5 minutes. City's Premise: There is no evidence given as to the following assertions: 1) the tenth Whereas, which states that new massage establishments create a current and immediate to the public safety, health and welfare, etc. I urge staff to provide to the council hard evidence that parking, traffic, and noise are affected, and to be specific about property values, perceived over -concentration (which exists in an area where there is a plethora of legit outlets). Noise? Well, people yell during certain activities, I suppose. 2) It is presumed that the city judges poorly the fact that sex is sold within its borders at massage establishments. And it is presumed that the city is concerned that human trafficking also occurs. The city cannot do anything about either trafficking or sex work unless it greatly increases the resources it has to address either one with the hopes of eradicating either. The word "trafficking' has been used by anti - prostitution zealots to inflate the numbers of people affected by such. Such works as "Sex at the Margins" by Dr. Laura Agustin will show you the difficulty in placing a definition on that word. 3) It is presumed that the city presumes that sex workers at massage parlors are there only under duress. This also cannot be established unless the city greatly increases the resources it needs in order to justify putting women out of work. 4) It is presumed the city does not view sex work as work. Opinion v. Fact: The next whereas declares that a moratorium will allow City Staff to determine the number and location of existing massage establishments. I received such a list from Raffia I3oyolan number of months ago. The consultant, Lamont Mack, informed me a moth ago that 5 of the establishments on that list had closed or shifted emphasis. Therefore. including this presumption as a justification for this moratorium fails, absent information not provided to the public. As an illustrating anecdote, I took a friend on a driving tour of the massage establishments throughout the city month ago, pointing out the legit versus what you guys call the illicit ones. This individual, a well-known political consultant and thus very aware ofthe surroundings here in Marin, was completely surprised as to location and number. If he was so surprised, then the average bear goes about ignorant, as well, and barely knows any better. One county supervisor asked me about all the massage establishments on Second Street, and implicit in her questions was that it was not only my responsibility that there were but three, but also that the city was failing in its mission to protect the health and welfare, as well as a prejudice against sex work. If a county supervisor can allow herself to remain uninformed and perhaps prejudicial, then we can assume the city is also adopting the same prejudices. Probable Effect of Moratorium: The moratorium overreaches in its intrusion into private homes with the first imposition dictated under Division 2, and will serve only to drive old-time practitioners such as myself "underground." Others who wish to work as they please will also find ways to pursue their livelihood, which, by the way, has no glass ceiling. Second, there were number of legit practitioners who showed up at the last meeting with complaints as to the ordinance just passed. They'll be affected as well. One enlightened individual declared that the problem will not go away until "prostitution is legalized." Very true. Third, I urge the city to wait for at least a month to 3 months before imposing this moratorium because the ordinance affecting the locking of doors will greatly affect a few of the establishments. I'm not going to waste time here telling you which ones ---staff already knows which ones, but one of them is Sunflower, whose owner had the temerity (although we could use a metaphor of lower integrity) to show up and speak against the ordinance last month. If You DO Pass this Morataborium... : ...then you are charged with the obligation to include members of the public, that is, people not on city staff', like me, and other legit workers, and illicit workers as well, in your effort to amend the reqs and so on. There are great benefits in doing that, aside from the fact that it improves public engagement, as Councilwoman Kate Colin has worked so hard to improve. Sincerely, Jonathan Friernan San Rafael, CA 94901 Esther Beirne From: Lisa Goldfien Sent: Monday, January 05, 2015 11:35 AM To: Esther Beirne Subject: FW: Copy of Council Contact - All City Councilmembers - 8258779 Re tonight's meeting From: Rebecca Woodbury On Behalf Of City Manager Sent: Monday, January 05, 2015 10:52 AM To: Lisa Goldfien; Paul Jensen ( Subject: FW: Copy of Council Contact - All City Councilmembers - 8258779 FYI — this was sent to the City Council regarding the massage moratorium item on tonight's agenda From: form en9inefs18.formsite.com [mailto:form engineCa�fs18.formsite.coml Sent: Monday, January 05, 2015 10:25 AM To: City Manager Subject: Copy of Council Contact - All City Councilmembers - 8258779 The following email was received through the City Council Contact Email Form on the City web site. A copy is being forwarded to each member of the City Council. Council Contact Forin Thank you to visiting, the City of San Rafael NNcbsitc. 1 -his form is available to facilitate contacting our Mayor and COUncllmcmhers concerning topics of interest to the community. Please contact the City Manager's office at 415-485-3070 for an} additional assistance. Note that the C itN of San Rafael considers email to Councilmembers as an informal and non-conlidential method of communication. Please send a signed letter ifyou would like to male your eommenUquestion a matter oi'pubIic record. Mail formal letters to San Rafael Cite Council, I'O BOX 151560. San RafaeL CA. 94915. First Name Staccv Y Last Name DeGoover Address I Address 2 City State Zip code Phone Number * Email Address * Send email to (select one) All City (`ouncihtncmbers * Please enter your questions/comments below Dear- Ma}ur Phillips and Council Mcmhcrs_ Please vote A(;AINSI a wassage moratorium at the San Rafael C'in Council Mecting tonight { 1 /5/15). A moratirriunl is a had idea firr the 1`61lovaing reasons: I) It hurts massage therapists: specilic constituents 2') It hurts the consumerlpublic: all Constituents 3) It hurts commerce/business: economic: v itality 4) It hurts the massage proli scion: it greatly needed health and wellness service Massage moratoriums hurt massage professionals who lvould like to start small businesses, specifically: 1 ) a massage provider who have recently nwvcd to the arra. (possibly due to it spouse's job transfer) 2) an entreIN-Cneur viho is read} to open an office 3) recent graduates oho have student loans to repay Massage moratoriums Inrrt the public because: I ) it limits the number ofnmrssage providers- therefore consumers have less choice 2) exceptional marssage therapist v4 tho vv i;h to begin v4orking in San 12alael simpl} can not 3) a client \\ lit) is in pain orstressed out bill not have as many massage provider options Massarge moratoriums hurt bcrsineSS development: I ) the Citv IOSCS business tax revenuC 2) the Cit} ma} lose retail tax revenue fifthe establishment also v�ishes to sell product) %Iv understanding of`A13 1147 is: while local authorities have the abilitl to regulate massage businesses_ they ar-e NOI` supposed to treat massage therapists hallv - and not being able to St<rrt one's omi business is treating the, massage: professional horribly. Sincercly- Stave~ 1)ct.iuo�cr_ CMI CAM I C n41228