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March 3, 2020 — Primary Election
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Local

City of National City
Measure J Ordinance - Majority Approval Required

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Election Results

Passing

5,054 votes yes (61.8%)

3,126 votes no (38.2%)

Shall Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits," be adopted?

What is this proposal?

Measure Details — Official information about this measure

YES vote means

If this Measure is approved by the voters, Ordinance No. 2019-2463 will be adopted. 

NO vote means

If this Measure is not approved by the voters, Ordinance No. 2019-2463 will not become effective.

Summary

Michael R. Dalla, City Clerk, City of National City

SYNOPOSIS OF MEASURE

Federal and state law set minimum standards for the care of dogs, cats, and other animals bred for commercial resale. The Animal Welfare Act requires certain larger scale commercial breeders to be licensed and regularly inspected by the United States Department of Agriculture. The California State Health and Safety Code and the Food and Agriculture Code prohibit a pet store operator from selling a dog, cat, or rabbit in a pet store unless they were obtained from a public animal control agency or shelter, American Society for the Prevention of Cruelty to Animals (ASPCA) shelter, humane society shelters, or rescue groups that are in a cooperative agreement with at least one private or public shelter. State law requires pet stores to maintain records sufficient to document the source of each dog, cat, or rabbit the store sells or provides space for. These laws were enacted because of concerns over "puppy mills" and "kitten factories," which are commercial breeding facilities that mass produce animals for sale to the public through pet stores, often in overcrowded and unsanitary conditions.

State law provides that a City Council may adopt local regulations that are more protective of animal welfare than state regulations. At their September 3, 2019 meeting, the City Council adopted Ordinance No. 2019-2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats, and Rabbits.". The staff report presented to the City Council at their September 3rd meeting recommended adoption of the Ordinance due to perceived "loopholes" in state law, resulting from the creation of "fake rescue groups" that "are not holding adoption events, do not have adoption websites, and do not even have animals on site." Ordinance No. 2019-2463 includes the following recitals:

  • " ... investigations and research by the Companion Animal Protection Society (CAPS) have shown that California pet shops are using fake rescues to circumvent newly enacted state law and act as a pass-throughs between puppy mills and pet shops;
  • " ... CAPS and the American Society for the Prevention of Cruelty to Animals (ASPCA) report that puppy mills mass produce animals for the pet industry in overcrowded and unsanitary conditions without adequate food, water, exercise, socialization or veterinary care and many of the animals face an array of health problems that are discovered after purchase at a retail store;
  • " ... the City Council has been approached by animal activists, animal shelters and City residents urging the City Council to enact further regulations which prohibit the retail sale of cats, dogs and rabbits and discourage the promulgation of unregulated and negligent commercial breeders or pet shop operators which, despite state law, continue to offer animals throughout San Diego County for retail sale under the guise of non-profit rescue agencies."

Ordinance No. 2019-2463 would add Chapter 8.38 to the Municipal Code to provide that a pet shop, retail pet store or its operator, shall not sell, deliver, offer for sale, barter, auction, or otherwise dispose of a cat, dog, or rabbit. This prohibition does not apply to the following:

  • A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society;
  • A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit;
  • The sale or offering for sale of a dog, cat, or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or
  • Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores.

Chapter 8.38 authorizes inspection of pet shops and retail pet stores by City or County officials, and provides for criminal and administrative penalties for violation.

If this Measure is approved by the voters, Ordinance No. 2019-2463 will be adopted. If this Measure is not approved by the voters, Ordinance No. 2019-2463 will not become effective.

The proposed Measure was placed on the ballot by a petition signed by the requisite number of voters.

The polls will be open between the hours of 7:00 a.m. and 8:00 p.m.

Impartial analysis / Proposal

City Attorney, National City

CITY ATTORNEY IMPARTIAL ANALYSIS 

State law authorizes the City Council to adopt local regulations that are more protective of animal welfare than applicable state regulations. On September 3, 2019, in order to close perceived "loopholes" in those state animal welfare regulations, the City Council adopted Ordinance No. 2019 - 2463 (the "Ordinance"), which includes the following recitals:

• " ... investigations and research by the Companion Animal Protection Society (CAPS) have shown that California pet shops are using fake rescues to circumvent newly enacted state law and act as a pass-throughs between puppy mills and pet shops;

• " ... CAPS and the American Society for the Prevention of Cruelty to Animals (ASPCA) report that puppy mills mass produce animals for the pet industry in overcrowded and unsanitary conditions without adequate food, water, exercise, socialization or veterinary care and many of the animals face an array of health problems that are discovered after purchase at a retail store;

• " ... the City Council has been approached by animal activists, animal shelters and City residents urging the City Council to enact further regulations which prohibit the retail sale of cats, dogs and rabbits and discourage the promulgation of unregulated and negligent commercial breeders or pet shop operators which despite state law continue to offer animals throughout San Diego County for retail sale under the guise of non-profit rescue agencies."

Ordinance No. 2019 - 2463 added Chapter 8.38 to the Municipal Code to provide that a pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit, with the following exceptions:

  • A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society;
  • A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit;
  • The sale or offering for sale of a dog, cat, or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or
  • Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores.

If this measure is approved by the voters, Ordinance No. 2019 - 2463 will go into effect. If the measure is not approved by the voters, Ordinance No. 2019 - 2463 will not be adopted.

The proposed measure was placed on the ballot by a petition signed by the requisite number of voters.

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

ARGUMENT IN FAVOR OF MEASURE J

Your City Council super majority strongly urges a YES vote on Proposition J.

On January 1, 2019, the State of California enacted AB 485 (Pet Rescue And Adoption Act), banning the sale of dogs from puppy mills, requiring pet store operators to only offer animals from shelters or rescues. Some commercial breeders, aka "puppy mills," have disguised themselves as rescues, creating what has become known as "puppy laundering".

Despite this law, pet store operators in National City continue to sell purebred dogs, from puppy mills disguised as rescues, for thousands of dollars. These animals are sourced from puppy mills, which are commercial breeding facilities that mass-produce animals, placing profit over the well-being of the dogs. Puppies produced in such deplorable conditions, harbor an array of health/behavioral problems, genetic abnormalities and diseases that can be transmitted to other animals and humans.

State law includes provisions allowing local jurisdictions to adopt requirements that are more protective. National City has chosen to exercise this right by passing an ordinance protecting consumers from fraud. 

The owner of one such store is the sponsor of this referendum. He hopes the voters will be fooled into rescinding the ordinance. We urge you to vote "YES" and put the ordinance in place. Local pet stores can continue operating using a humane business model, with no loss of jobs.

Allowing stores to source their animals from mills keeps this inhumane treatment going. Putting the ordinance in place will help to shut down these mass-breeding factories, while protecting National City consumers from fraud. The National City ordinance has no impact on consumer's right to purchase any pet they want. Consumers can still purchase pets of their choice from reputable breeders or rescues.

Don't be fooled, Vote "YES" on Proposition J. 

RAMONA M. RIOS (MONA)
Councilmember / Incoming Vice Mayor 

ALEJANDRA SOTELO-SOLIS
National City Mayor

GONZALO QUINTERO
NC Councilmember 

JERRY CANO
NC Councilmember

— Source of Both Arguments: City Clerk, National City

Arguments AGAINST

ARGUMENT AGAINST MEASURE J

Should City Council Members take away jobs from hard working citizens?

Should City Council Members listen to and support radical outside special interest groups?

Should City Council Members have the right to close down law abiding family minority owned businesses in National City?

Should City Council Members tell you what to buy, and where to buy, and how much you should pay for products and services?

If you answered NO to any of these questions please vote NO to repeal this unfair ordinance against family businesses.

National City Puppy has been in the community for over 5 years and we PROVIDE JOBS in National City. We are an active member of the community, donating to and participating in many civic programs. We are providing revenue to the City to help it overcome its deficit and its ability to provide services.

National City deserves a SAFE place to play and adopt a puppy from reputable, law abiding pet stores.

The animal rights extremist groups state that we work with "Fake Rescues" and we've found a "Loophole" in the law. This is NOT TRUE. Our rescues work with shelters and their 501c3 status is in good standing with the federal government. These extremist groups harass, badger, file frivolous lawsuits, cyber bully with fake reviews, protest, make outlandish claims and are only concerned with THEIR cause. The loudest opponents don't even live in National City! They were quoted saying that if "National City has to pay for expensive lawsuits and expensive ballot measures THEN SO BE IT!" They are using OUR City for their outside agenda. Tax dollars should be used to fix potholes, improve our police and fire departments, schools and parks.

This ordinance is Anti-Business, Anti-Choice, and an abuse of local government action. Protect your rights and just say NO to Proposition J.

 

RON MORRISON
Former Mayor/Councilmember

BRIAN CLAPPER
Executive Board Chamber, Governing Board NSD

— Source of Both Arguments: City Clerk, National City

Read the proposed legislation

Proposed legislation

Full text of Measure J typeset by the Office of the San Diego County Registar of Voters:
https://www.sdvote.com/en/election/march-2020-primary/Measures/Measure_J.pdf

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The full texts of City Council Resolution 2019-172 , which placed Measure J on the ballot, and Ordinance No. 2019-2463 (the ordinance that will take force if Measure J passes) are also available at this link:
https://drive.google.com/drive/u/0/folders/17BkK8FvLSYvQ7wdWyGT4DxcS-Xp3NZpf

A Voter's Edge volunteer's transcriptions of both documents are presented below.

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RESOLUTION NO. 2019 - 172

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 3, 2020 WITH THE STATEWIDE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE

WHEREAS, the City Council of the City of National City called a Special Municipal Election to be held on March 3, 2020 for the purpose of submission of a ballot measure to the voters; and

WHEREAS, it is desireable that the Special Municipal Election be consolidated with the statewide Presidential Primary Election to be held on the same date and that within the City the precincts, polling places and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the Special Municipal Election, and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1.  That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the statewide Presidential Primary Election on Tuesday, March 3, 2020 for the purpose of submission of the following ballot measure to the voters:

 Shall Ordinance No. 2019 - 2463, "An Ordinance of the City Council of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits," be adopted?

Yes ___

No ___

Section 2.  That the election hereby called for March 3, 2020 shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returned canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of Section 10403 of the Elections Code and as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date, and that said election be held in all respects as if there were only one election.

Section 3.  That the Registrar of Voters is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

Section 4.  That pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election, including preparation and furnishing of the following:

a) A listing of County precincts with the number of registered voters in each so the City may consolidate election precincts into City voting precincts, and maps of the voting precincts;
b) A list of polling places and poll workers the County uses for its elections;
c) Voter signature verification services as needed;
d) Make available to the City election equipment and assistance as needed according to state law.

Section 5.  That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs.

Section 6.  That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and enter it into the book of original resolutions of the City. 

Section 7.  That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions of the City.

 

PASSED and ADOPTED this 3rd day of December, 2019,

/s/
Alejandra Sotelo-Solis, Mayor

ATTEST:

/s/
Cheryl Newell [?]
For Michael Dalla, City Clerk

APPROVED AS TO FORM:

/s/
Angil P. Morris-Jones, City Attorney

* * * * * * * 

  

ORDINANCE NO. 2019-2463

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 8.38 TO THE NATIONAL CITY MUNICIPAL CODE PROHIBITING THE RETAIL SALE OF DOGS, CATS AND RABBITS

WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and

WHEREAS, the U.S. Congress passed the Animal Welfare Act in 1966 (7 U.S.C. [sec.] 2131 et seq.), a federal law that regulates the minimum standards of care and treatment for certain animals bred for commercial sale, including but not limited to dogs, cats and rabbits, which is enforced by the United States Department of Agriculture and Animal and Plant Health Inspection Service (USDA) and requires certain large scale animal breeders and dealers to be registered and licensed; and

WHEREAS, the Pet Rescue and Adoption Act, otherwise known as AB485, a newly enacted state law effective January 1, 2019, prohibits a pet store operator from selling a dog, cat or rabbit in a pet store unless they were obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in cooperative agreement with at least one private or public shelter; and

WHEREAS, California Health and Safety Code section 122354.5(g) allows a local governing body to adopt requirements that are more protective of animal welfare than those set forth in the Pet Rescue and Adoption Act; and

WHEREAS, investigations and research by the Companion Animal Protection Society (CAPS) have shown that California pet shops are using fake rescues to circumvent newly enacted state law and act as pass-throughs between puppy mills and pet shops; and

WHEREAS. CAPS and The American Society for the Prevention of Cruelty to Animals (ASPCA) report that puppy mills mass produce animals for the pet industry in overcrowded and unsanitary conditions without adequate food, water, exercise, socialization or veterinary care and many of the animals face an array of health problems that are discovered after purchase at a retail store; and

WHEREAS, according to the Humane Society of the United States there are approximately 2.4 million puppies sold annually who originated from puppy mills, USDA licenced and non-USDA licensed and there are an estimated 3 million dogs and cats euthanized by shelters every year in the United States; and

WHEREAS, the City Council has been approached by animal activists, animal shelters and City residents urging the City to enact further regulations which prohibit the retail sale of cats, dogs and rabbits and discourage the promulgation of unregulated and negligent commercial breeders or pet shop operators which despite state law continue to offer animals throughout San Diego County for retail sale under the guise of non-profit rescue agencies; and

WHEREAS, pet stores often engage in offsite, even out of state, commercial breeding and/or purchase animals from offsite or out of state commercial breeders or brokers creating a degree of removal which obscures the ability of the City and/or the County of San Diego Humane Society to regulate the conditions in which the breeding took place and/or how the animals were cared for prior to being brought to the pet store; and

WHEREAS, the City of Naitonal City seeks to close the loopholes in California State law and enact greater protections for animal safety and welfare and for the public health, safety, and general welfare of its residence by prohibiting a pet shop or retail pet store or its operator from selling, delivering, or offering for sale, barter, auction or otherwise disposing of a cat, dog, or rabbit with exceptions for: (i) A publicly operated animal shelter or animal control enforcement agency; (ii) a pet shop or retail pet store offering a dog, cat or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit; (iii) The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the shop or store resources in connection with the adoption event; or (iv) Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores. 

NOW, THEREFORE, the City Council of the City of National City does ordain as follows:

 

Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled.

Section 2. Chapter 8.38 of the National City Municipal Code is hereby added to read as follows:

 

Chapter 8.38 Retail Sales of Dogs, Cats and Rabbits

 

8.38.010  Purpose

It is the purpose and intent of the city council in this chapter to promote animal safety and welfare, public health, safety and welfare, and encourage best practices in the acquiring of dogs, cats and rabbits offered for retail sale or adoption in the City of National City.

 

8.38.020 Definitions

For the purpose of this Chapter, the following definitions shall apply:

(A) "Animal Shelter", means a public animal shelter or control facility operated by any city, county or other public agency or an entity operating under contract with any city, county or other public agency for the purpose of protecting animals from cruelty, neglect or abuse.

(B) "Animal Rescue Organizaton", means a nonprofit organization that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code and whose mission and practice is, in whole or in significant part, the rescue, care and adoption of dogs, cats and/or rabbits. The term does not include a breeder or broker for payment or compensation.

(C) "Breeder" means a person that owns or maintains dogs, cats, or rabbits for the purpose of breeding and selling their offspring for retail or wholesale or a person required to hold a class A license pursuant to the Animal Welfare Act, 7 U.S.C. [section] 2131, et seq.

(D) "Broker" means a person that transfers dogs, cats, or rabbits for resale by another person and is required to hold a class B license by the United States Department of Agriculture pursuant to the Animal Welfare Act, 7 U.S.C. [section] 2131, et seq.

(E) "Cat" means a Felis domesticus of either sex, altered or unaltered.

(F) "Dog" means a Canis familiaris of either sex, altered or unaltered.

(G) "Operator" means a person who owns or operates a retail pet store, or both, and/or who hires employees at a retail pet store or pet shop to engage in the retail sale of dogs, cats and/or rabbits.

(H) "Pet Shop" or "Retail Pet Store" means any place or premise where birds, mammals, or reptiles are kept for the purpose of either wholesale or retail sale, import, export, barter, exchange or gift.

(I) "Rabbit" means an Oryctolagus cuniculus of either sex, altered or unaltered.

 

8.38.030  Prohibition

(A) A pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit except as provided in subsection (B).

(B) The provisions of subsection (A) shall not apply to:

(1) A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society;

(2) A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit;

(3) The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or

(4) Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores.

 

8.38.040  Inspection by officials

(A) Each pet shop or retail pet store shall maintain records sufficient to document the source of each dog, cat, or rabbit that the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any police officer, code enforcement officer, animal control officer, humane law enforcement officer or investigating official.

(B) The city, county, or any investigating official shall have the right to enter the premises of any pet shop or retail pet store from time to time during regular business hours to conduct reasonable inspections to ensure and verify compliance with this chapter. No person shall refuse to permit or interfere with a lawful inspection of any pet shop or retail pet store by city or county investigating officials.

 

8.38.050  Enforcement and Remedies

(A) A violation of any provision of this chapter or failure to comply with any requirement thereof shall be punishable as provided in National City Municipal Code chapters 1.20, 1.44, and 1.48. Each event or transaction in which a dog, cat, or rabbit is sold or offered for sale in violation of this section shall constitute a separate offense.

(B) Any person, operator, pet shop or retail pet store operating or conducting or maintaining a pet shop or retail pet store contrary to the provisions of this chapter and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to the penalties proscribed in this section, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law.

(C) The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity.

 

Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

 

Section 4. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. 

 

PASSED and ADOPTED this 3rd day of September, 2019.

/s/

Alejandra Sotelo-Solis, Mayor 

ATTEST:

/s/
Cheryl Newell [?]
For Michael R. Dalla, City Clerk

APPROVED AS TO FORM:

/s/
Angil P. Morris-Jones
City Attorney

 

Passed and adopted by the Council of the City of National City, California, on September 3, 2019 by the following vote, to-wit:

Ayes:  Councilmembers Cano, Quintero, Rios, Sotelo-Solis.

Nays:  Morrison.

Absent:  None.

Abstain:  None.

 

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