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.
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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
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previously available to cities for re()Ulati011 Of Such businesses.
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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-
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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.
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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
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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