CCMIN07172018 - Laserfiche WebLink

Doug Mann addressed Council concerning BART to Livermore and the Tri-Valley/San Joaquin Regional Rail Authority's plan is to build a new train to transport San Joaquin residents directly to BART. Mayor Thorne encouraged Mr. Mann to attend the next Tri-Valley/San Joaquin Regional Rail Authority meeting. Donna Cabanne, on behalf of the Sierra Club, concerning an upcoming meeting of the Alameda County Board of Supervisors when they will consider oil-drilling permits for E&B on Patterson Pass Road. PUBLIC HEARINGS AND OTHER MATTERS 16. Public Hearing: Consider adoption of an urgency ordinance prohibiting the issuance of specified approvals and permits for new or expanding massage establishments within the Downtown Specific Plan area Planning Manager Ellen Clark presented the staff report and displayed a PowerPoint Presentation addressing the purpose, state law, the definition of an urgency ordinance, existing regulations on massage businesses, citywide and downtown massage establishments, the Downtown Specific Plan Update, 1056 Division Street, the proposed urgency ordinance and recommendations. Mayor Thorne referenced an email he received, noted this matter is temporary and that it will give the taskforce and staff an opportunity to study the issue thoroughly. Councilmember Pentin referenced the email and stated it seems that massage establishments are being singled out. He felt there are other businesses in the City that could possible have illicit activities as well and referenced the specific property causing staff to consider the matter. He noted the City has allowed 26 massage businesses in the Downtown area and a total of 66 within the City. While he understood the perception, he expressed concerns they are being singled out. Ms. Clark reported the taskforce considered personal services or active uses in Downtown as part of the Downtown Specific Plan. Staff acknowledged the issue of concentration of massage businesses, the need to regulate existing businesses, and decided now is a good time to pause on new establishments. Councilmember Brown referenced prohibiting building expansions and asked about the rationale for doing so. Ms. Clark stated State law allows flexibility in terms of the number of employed technicians and expressed concerns the City may be allowing people to invest dollars and physically expand space that may not be appropriate for that use. Councilmember Brown clarified that the expansion referred to is an expansion of a massage-type of business and not a general building expansion. Councilmember Olson noted the definition of active uses has been drafted by the taskforce and reported personal services are included in massage establishments. He hoped the action tonight will not totally eliminate active uses. Councilmember Pentin added that the draft is for ground-floor use. Ms. Clark reported the active ground-floor use discussion has been specific to businesses fronting Main Street as well. The massage emergency ordinance does not implement that change. Mayor Thorne opened the public hearing. City Council Minutes Page 3 of 4 July 17, 2018