promulgated by FEMA. The CITY shall promptly reimburse SDHS for such costs and expenses, provided the CITY has received reimbursements from FEMA. SDHS shall provide any available supporting documentation requested by the CITY for any funding or reimbursement request regarding the disaster that is made to any governmental agency. 14 TERM AND TERMINATION.
14 .1. Term. The term of this Agreement shall be for the period of thirty-six (3 6) months commencing on January 1, 2022 and terminating on December 31, 2024.
14.2. Administrative Extension. Upon the expiration of'th. e term of this Agreement, the • • · · Arr#' • · Paii1es retam the nght to extend the Agreement for a peno~.J~0 days m order to finalize a new Agreement. ,A,
1111'·•!,•
14.3. Termination for Convenience. EitheJjtiiilffshall,Jthe right to terminate this Ag~eement, with or without cause, by providi~Jfi.li,6ther party wi~lj.0(6) months prior written notice. e11· i81'iih
0£0:tef:%;\ <@J;;ifi§h 1
~t~1.... ¾.
1~.4. Terminati_on for Cause. At _any tim;1/'d.rl\:~p thet':I} ?f this A-J~ent, in ca~e of a mate:ial bre~ch ofth1s Agreeme~t 3~iJ~her party,_th~JijJ?~Ei~~hmg pat:Y shaUJ~;ve the nght to termmate this Agreement by g1v1trg:~{ij~,,preachmg P<!Jtyfwntten notice of such breach and demanding that such breach be cured~Lflii~{[i~!:Y (60) d;ff!('9,r in the case of defaults in payment of monetary amounts due which are cerf:ikt [i{%'f::{fn~::~!}tand u"ifc{~gµted, ten [30] days) and, if such breach has not been cur~?:~! t~e end of~l-J~h perttrqf~)fJhis Agt(\~.p1ent shall terminate without the necessity of any B~HffJ{;f<'{ij~;~ny ftn1hr?~rQtio~~lw1ti".f~~~pt i16figer notice or cure period is required by applicq£l~jHiw, tKets}1re period~§.B~~fJed in~tltt~"ection or the effective date of termination shall corifofm to, but t[gt exceed, st(cij1requiremenf:
/,, ,;/>/' ;:;::> <: "<it f:/00\ '//::;:;;~/:, '·. f/!!jjf ,,:,,,.,:,:; \>::r:z\
14.5. CompensationPayableiUgolifferminafioh. In the event this Agreement is terminated pursuant,td'!itlie't'S~ttion B.3'51-11'3.4, ;31fifrtg>as SDHS has been providing the services specified :/,''A~?fc/;y <:':?(/f:,;':;">/, ''/f'.f'.;}f",, ,';:,/, ,;;,~;;/,;>;:,?,, /' herein,~.~~BS shall be'e"U!}JJfd t6 r1gtive the cofilt~nsation and fees accrued through the effective date oftennination. '¾1">:, Yf0'.s.'1fa.
:1~J1;~ ''<;; "{~: .', ,, ·, ,'
15. INDEivfi~JfJ!=ATION. f~fthe full€ttfextent permitted by law, SDHS shall indemnify, defend, and holaf11ll.rmless the q;ttY, and its officers, officials, agents and employees from any and all claims, derffi~~"~f costs?ffiability that arise out of, pertain to, or relate to any act or omission by SDHS irt'"fh~tperfqruiance of Services under this Agreement, and the negligence, %)?,{if//·~: /sS?:/)fj//;/ recklessness, or willful rrif§.£§f1auct of SDHS, its employees, agents, and subcontractors in the performance of Services uitdir this Agreement. SDHS' s duty to indemnify under this Section shall not include liability for damages for death or bodily injury to persons, injrny to property, or other loss, damage or expense arising from the active or sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees. SDHS's indemnification obligations shall not be limited by the insurance provisions of this Agreement.
The Paiiies expressly agree that any payment, attorneys' fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY' s self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this Section, and that this section will survive the expiration or early termination of this Agreement for a period of two (2) years.
SMRH:485643245 .9 -8-
16 INSURANCE.
16.1. SDHS shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the SDHS, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best's rating of no less than "A" and "VII" unless otherwise approved in writing by the CITY' s Risk Manager.
16.2. SDHS's liabilities, including but not limited to SDHS's indemnity obligations, under Section 14 of this Agreement, shall not be deemed limited indiwf~way to the insurance coverage . d h . M . f 'fi d . A"dli- . . 1 1 f h' reqmre erem. amtenance o spec1 1e msurance oye. ra. 0 e 1s a matena e ement o t 1s Agreement.
1i~fy- ■.~.■-, f1' --••
16.3. Types and Amounts Required. SDHS~shiill maint~ffi\at minimum, the following . . . 4f??'fw£< "£<wl2. msurance coverages for the duration of this Agreement: <re. ■■ ".fft.,
a. _U~brella Liability Policy. S~~S~j:~11 maintai~ an Umb~(~Jri,abili~y ~olicy with an aggregate hm1t of not less than Ten Milhon':~,Iars Ji.J9:1000,000), wij?Jh hm1ts may be satisfied by a combination of primaql",and excess lia15ility,0fnslifance "i Jp ~tlrli~:2!tt~.. " 1 %t:1,r r:,r
. b. Commercial General 'lfJf}!llfJ!i,~C',GL_"J: •,~,~~S shall maintain CGL I~surance wntten on an ISO Occurrence form or ecf9JValen{fpr9:y1dmg cotex~ge at least as broad which shall ·<•:\ ••: '.''.'"''·: . "fftf?'· cover liability arising frg1Jkqny and all<ft~rsonal 0inJ1JrYc or pro[~rj:y damage in the amount of f:ffL:'?,t>f:,,,.;,, • ·s}'f~:;::'. 71:t~x/?0>,:. _ -::::%:::;r:;,> $1,000,000 per occu~,~J}f~Jttl~J~};¼PJect to a~,\~uj~i)It1t~JJl.of $2~000,000. 1:here ~hall be no ~ndorseme~t or mo~}l}.~at10n ?f{tB:7 CGL h~\}Jijjjtlie scop~~~icov~rage f01: e~ther msured. vs. msured claims or contt1ii1;::1al hab1lrl}Y,- All defC:f&i~{osts shall oe outside the hm1ts of the pohcy. '"<<fS,(1fj::<> . Jftf f:;/,, -\; .. \:f ~t>-
. . . c . . ,;/!tJ:tfJ.il!Jt11ercidl #;J;JB::L1~1J.il~J'lJ:i§kZ!lity. <§~.tis. shall ~aintain Co~ercial Automobile Lrnb1hty,,lnSUraI1cefoI;.all ofthe~·SDHS'siautomofales mcludmg owned, hued and non-owned f¥ii%<0:ij:'i/"" s::;,:(:;.,}0/}1,;.;, /:(X/?,,'::·. '',/{;;.f/Yf?<Ji; ;,, /,;J automg,Bi!es, automobil~M1fmranc\t~!itten on•i:fri.i,.SO form CA 00 01 12 90 or a later version of this fo1m/~frln equivalenffgt~ provi~}ij~ coverage at least as broad for bodily injury and property damage foi''~/pombined sing\~.,limif'of~;~J,000,000 per occmTence. Insurance certificate shall reflect coverage;Jor any autorii6bile ( anyZ/frto ). /:;,,,1;0: \~~l d. Wd~fgr:s' Comp(J1ation. SDHS shall maintain Workers' Compensation insurance ~,:'.)//~ )\ :-- !ff!:~{(
for all of the SDHS's"e~J>.loy,~~fwho are subject to this Agreement and to the extent required by applicable state or fedef~(~1w, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage. SDHS shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
16.4. Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
a. The CITY, its officers, officials, employees, and representatives shall be named as additional insureds. The CITY's additional insured status must be reflected on additional insured endorsement form which shall be submitted to the CITY.
SMRH:485643245.9 -9-
b. The policies are primary and non-contributory to any insurance that may be carried by the CITY, as reflected in an endorsement which shall be submitted to the CITY.
16.5. Verification of Coverage. SDHS shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section 15. The endorsement should be on forms provided by the CITY or on other than the CITY' s forms provided those endorsements conform to CITY requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time . /,,,. . ~.¾'" . 16.6. Subcontractor Coverage. SDHS shall also 7 L~qµtfe each of its subcontractors to
maintain insurance coverage that meets all the requirem/tf~this . Agreement . , .•• • • • 0 ·~-{/ ·t~ . . .
16.7. CITY Options. SDHS agrees that if i£t~QeS not keepi!b~ aforesaid msurance m full force and effect, the CITY may either: (i) despi~l!tion 13, abov6'timmediately terminate this 4}Iffili~~7 Yf{:iffi>:; Agreement; or (ii) take out the necessary instiratrce and pay, at SDHSifs\expense, the premium '/(~~(;;; /,~ii:~~' thereon. ,,tJ:;~ :>2»J· •:~~iYi::?:. ~illff >§'ii~~/ 17 CUSTOMARY SERVICES. SDHS shall be efmittedfwithout the CITY'sf'"rior written <{/'.?yf:::Jf:>:,. . p ·~S/f?52f~%f:):;: ~;;/
consent to enter into agreements witijJlii~'.!,1?/arty provioet~,9f services that are customary in the industry to assist SDHS to carry out it~~ifi{fs5'!AJ{.operati6~fef:f,, 11f:½tt ·//•/•}(IJJ:p0 . ~if!{~\'.·
18 NON-DISCRIMINAJI.Qlj-. SDHS slf~lJpot disod~.ate agat~~tany employee or applicant for employment becausef6'f(se'xf,race, coloi{fi.ge, religi6rtfancestrffsttational origin, disability, ,<@:{$ff:J/t:J/'/. ,,,, :::~.;J)t,, :§(;;.;:;,:\ /'??f:·.•::,kf/ . ·::ff::/??it> military or veteran ~l~Ws, medio~JX9pndition}.\'g~p~fi<pinforinatiQ!}, gender expression, marital status, or sexual orie[tfilig~- SDH~{*hall take "f(f{frtiative acti;ri to insure that applicants are employed and that empl6~~~s ar~~<(~tfd during:~QJ-ployment without regard to their sex, race, color, age,religion, ancesiry{tnationalbrigin, disability, military or veteran status, medical • • /(;iit<i-:Y .. 0;::;,ff,'.f{?~::~)>· .. • /•.:::;);{:\f·<)·f:Y "'•:<::; .. (:/}:/>:;;,.• Yy&f0:;;,. • • condit\911tge"netiocti1.f?J~at10n;,gt~der expr~~,~.tg~? 1n~ntal status, or sexual orientation and shall make ,£:~~6nable accotnm9c,iatioft{ch1~alified ifid}yiduals with disabilities or medical conditibh~-A:~uch action Sii\~lJncllicte;l:?J:~t not be limited to the following: employment, upgrading/t!i~?tion, transfei;f!~.cruitm~~~or recruitm~nt advert~si?g, l~yoff ?r termination, rates of pay 01\~th,~r forms of tR1l}Pensation, and select10n for trammg, mcludmg apprenticeship. 0SPHS agrees tg}ppst in conspicuous places available to employees, contractors, agents and/or applfct~1~ for ergrl~yment any non-discrimination notices required by law and any non-discriminatidrt''.Ji9li9~~)P.i1t)Vided by CITY setting f01ih the provisions of this nondiscrimination clause. 1 :~rli?
19 GENERAL PROVISIONS.
16.8. Entire Agreement. This Agreement comprises the entire agreement between the CITY and SDHS concerning the Services, and supersedes all prior negotiations, representations or agreements.
16.9. Notices. Any notices given under this Agreement shall be in writing and shall be served either: (i) by hand delivery; (ii) by U.S. mail, postage prepaid, registered or certified mail, return receipt requested; or (iii) by transmittal over an electronic transmitting device (with SMRH:485643245.9 -10-
confirmation of receipt), such as facsimile or email, provided that a complete copy of any notice so transmitted shall also be mailed by U.S. mail. Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in U.S. mail, postage prepaid. From time to time the parties may designate a new address for purposes of notice hereunder by notice to the other parties hereto in the manner provided above. Initial notice addresses are as follows:
To the CITY:
With a copy to:
To SDHS:
City of La Mesa
Police Department
8085 University Avenue
La Mesa, California 91942
A Chr. . M M·11 4:n 1· S . M ttn: 1stme c 1 ;r~J-:1J90 ice erv1ces anager Fax: 619 667-7519 ~llfll:" . . /2;,:44?F. Email: Cmcm1ll~p,@~l~91].amesa.us .,, ,4-r, '" ,,,
'~
16.11. Headings. The headings of the articles and sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
16.12. No Third party Beneficiaries. The covenants contained herein are made solely for the benefit of the paiiies hereto and successors and assigns of such paiiies as specified herein, and shall not be construed as having been intended to benefit any third paiiy which is not a party SMRH:485643245.9 -11-
to this Agreement.
16.13. Severability. If any provision of this Agreement or a poiiion thereof is held, by a court of competent jurisdiction, to be illegal or invalid, such provision or portion thereof shall be deemed to be severed and deleted; and neither such provision, its severance or deletion shall affect the validity of the remaining provisions of this Agreement.
16.14. Modification. This Agreement may be amended, modified or rescinded only by a
16.15. writing signed by all parties to this Agreement or by their duly authorized agents. A:,
16.16. Most Favored Nations. In the event SDHS e~lfl's an agreement with any other mumcipa . . 1 . . S D' C . . • 1• c bl d' . corporation m an iego ounty contamir,ig~,more 1avora e teims or con it10ns regarding similar subject matter, City may amend thisfdfff~ent to incorporate said terms or ''«,(f!?!{@P /~~?%·
conditions. Said terms or conditions shall include 8:~JP.p~nsation{~l~ity to SDHS. :if~ /li'tl:ff~ ~-·.·.·. '/?~
16.17. No Waiver. No waiver of any rig/fuiider this Agreem:l;h~ll be deemed effective 1 . d . . . . d b h 'w.'"~ h d . h h . -~ d . f un ess contame m a wntmg signe y t e party;¢ arge wit sue waiver/tan no waiver o any right arising from any breach or failure to perfdfffi}shall be;deemed to biftwaiver of any such ··,;;i;1?r:::. /;t;:,rJ5:J1%<? ''{ttr1~::: future right or of any other right arising under this Agreementf:V i/iiJ.[?J:, 'i1"Ji~~l• . ,ff{i!i/•7 "<tiff
16.18. California Law; Venue~~Ihi~~Agreement Iifi'.~~jts performance shall be governed, ·:////,.. ·,/;·/:~//;,;:/',·,.. '//,?%W interpreted, construed, and regulated oy1t~e la'o/s9{the State}()f California. Any action brought to enforce or interpret any poiiion ofthis;~greeffiffifshall be b;:8ifght in the County of San Diego, California. "ff£j'f~, •~l,, J,,,~J/;it§;1g~9fl:?:,
16.19. Countetp~iis. This ~greement ri\~y~pe executed;rn two or more counterparts, each of which shall be deenflg%~P1 origi~i!, but all of''Yhich together shall constitute one and the same . t t .;,;;, / '/''""'" , ,. ,. , \(Si,r\ ms rumen . '< ..... 1/.'.·.•.·••··•.' .•. : ..'.. /{/•>"• i\t;; ."! •. ,· , _,. J :~/%:,i;'" '··,ttj;f\j OF{I:I,j;IIS P AGE1!~JNTENTIONALL Y LEFT BLANK] •.•/;,/;. . ..... y SMRH:485643245.9 -12-
IN WITNESS WHEREOF, the Parties by and through their respective authorized officials, have executed this Agreement effective as of the date written above.
SAN DIEGO HUMANE SOCIETY AND S.P.C.A.,
a California nonprofit corporation.
By:
Name: ---------------
Title:
Date:
CITY OF LA MESA,
a municipal corporation.
By:
Title:
Date:
SlvIRH:485643245.9 -13-
EXHIBIT A
Community Engagement and Services
In addition to those Services identified in Section 1 of the Agreement, SDHS may routinely provide the CITY with the additional "Community Engagement and Services." The services identified below will be provided at no additional cost to the CITY unless otherwise specified and is subject to modification at SDHS's discretion based on resources and capacity. Such community engagement and additional services may include:
• Public education.
• Animal behavior modification program.
• Seasonal 24-hour kitten nursery.
• Pet education classes.
• Community events.
• Disaster response such as:
o Specialized Disaster
',1/" /-,/,/ ;//,,,;,,:
;:, -~/~:~:f/0, ~~;_;;~};,
• Affordable Cornrll\tJ]ity V ~t~bnary
/,;
/~} Y f1lJq .·· ;,,: :t
.{. ;cyJ O Vaccinai1Sn;sjnch.1diµg rabies
1 \;,gJr :fylicrochipp~J}0";:, ·• :":f~{ ·
SlvIRH:485643245.9 -14-
EXHIBITB
Calls for Service - Priority Categories
Priority Categories Response Time
Priority 1 Within 30 Minutes
Priority 2
Priority 4
Priority 5 Within 48 Hours
SMRH:485643245.9
Example of Call
Ii1f!lltional Cruelty (Not In-Progress)
No"n~Life Threatening Medical Care Needed
::;Ngd::Exigent Circumstances
': .. • Skin Infections
• Emaciated
• Over-Grown Hooves
Hoarding - No Immediate Emergency
After-the-Fact Bite (Reported After 24 Hours)
Check the Well-Being with a Reporting Party
No Water (Temperature Dependent)
Emaciated (Thin or Bones Showing)
Lead/Leash too Short
Inadequate or No Shelter
Even Sale of Animals (i.e., Flea Markets)
Check the Well-Being- No Reporting Party
Running-at-large (Not in Progress)
Barking dog complaints
Rodeo or Circus Inspections
Kennel Inspections
-15-
[This page intentionally left blank]
S!vlRH:485643245.9 -16- Page 317 of 326
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AWARDING THE CONTRACT FOR ANIMAL CONTROL SERVICES TO THE
SAN DIEGO HUMANE SOCIETY
WHEREAS, the City of La Mesa and the San Diego Humane Society have entered into that certain "Agreement for Animal Control Services", by which the City of La Mesa established the terms and conditions for the San Diego Humane Society to provide La Mesa with animal sheltering and certain related animal services;
WHEREAS, the La Mesa Police Department Animal Control Officer position is vacant and the Police Department has researched options to provide Animal Control Services for the residents of La Mesa;
WHEREAS, the San Diego Humane Society has issued a proposal to provide complete Humane Law Enforcement and animal sheltering services to the City of La Mesa at a cost of $325,000 during the first year;
WHEREAS, the San Diego Humane Society has a successful programmatic history of providing these services for other cities in the region; WHEREAS, contracting with the San Diego Humane Society would free Police Department and City staff from duties relating to animal control and would provide increased services and benefits to the residents of La Mesa;
WHEREAS, in order to implement said contract, certain chapters of San Diego County Code are appropriate and necessary for the City to adopt by reference, along with an amendment to a section of the La Mesa Municipal Code;
WHEREAS, the contract calls for specified fees to be collected by the San Diego Humane Society from the public on behalf of the City of La Mesa; WHEREAS, the City of La Mesa has a fee schedule in place whereby the Council has adopted a set of fees for certain services provided by the City; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award the contract for Animal Control Services to the San Diego Humane Society in the amount of $325,000.
BE IT FURTHER RESOLVED that all fees collected on behalf of the City by the San Diego Humane Society specified in the contract are hereby adopted by reference by this Council and shall become effective immediately.
BE IT FURTHER RESOLVED that the fees adopted by reference as contained herein shall be incorporated into the formal fee schedule considered and acted upon by Council annually.
ATTACHMENT B Page 318 of 326
BE IT FURTHER RESOLVED that $20,000 from General Fund reserves are appropriated to Division 2106 for FY 21-22 and $160,000 from General Fund reserves are appropriated to Division 2106 for FY 22-23.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 11 th day of January, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2022- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
ORDINANCE NO. 2022-
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTION 8.10.050; REPEALING CHAPTER 8.11 IN ITS ENTIRETY; AND ADOPTING BY REFERENCE TITLE 6, DIVISION 2, CHAPTER 6, SECTIONS 62.669.1, 62.669.5, 62.67 4 AND 62.675, OF THE SAN
DIEGO COUNTY CODE OF REGULATIONS, REGARDING THE PROVISION
OF HUMANE ANIMAL SERVICES
WHEREAS, pursuant to Cal Const art XL, Sec 7, a city may "make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws;"
WHEREAS, California Government Code Section 36937 authorizes cities to adopt urgency ordinances, which become effective immediately, for the immediate preservation of the public peace, health, or safety;
WHEREAS, said ordinances must contain a declaration of facts constituting the urgency, and be adopted by a four-fifths vote of the City Council; WHEREAS, the La Mesa Police Department (LMPD) has historically employed a single position Animal Control Officer who provided a range of animal control services to the City of La Mesa (City);
WHEREAS, the City does not maintain its own animal shelter and contracted with El Cajon from 2001-2020 for animal sheltering services;
WHEREAS, on October 4, 2020, the San Diego Human Society (SDHS) took over the services at the El Cajon Animal Shelter and the City's then existing contract for sheltering services with El Cajon via an assignment agreement;
WHEREAS, LMPD former Animal Control Officer vacated that position to accept a new employment position, thus leaving the Animal Control Officer position vacant; WHEREAS, subsequently, LMPD researched various options for providing an effective, efficient and comprehensive animal control services program; WHEREAS, LMPD determined that the best option for providing said program is to directly contract with SDHS;
WHEREAS, in order to effectively, efficiently and comprehensively engage SDHS to provide said services, it is necessary and appropriate to amend the La Mesa Municipal Code and adopt by reference certain provisions of the San Diego County Code of Regulations; WHEREAS, absent said amendments and adoption by reference of certain provisions, SDHS will not be able to effectively, efficiently and comprehensively provide animal control services consistent with established procedures and protocols, such as public protection from dogs, public protection from dangerous or potentially dangerous dogs, and abatement and impoundment of the same; and
ATTACHMENT C Page 320 of 326
WHEREAS, in such event, thereby, the immediate preservation of the public peace, health or safety of the community is threatened.
NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: Section 8.10.050 of the La Mesa Municipal Code is hereby amended to read as follows:
Length of Confinement - The department shall keep confined as required by this chapter every impounded animal upon which a license or identification tag is found, as required by California Food and Agriculture Section 31108 (dogs) and 31752 (cats).
SECTION 2: Chapter 8.11 of the La Mesa Municipal Code is hereby repealed in its entirety and replaced by a new Chapter 8.11 entitled "Dangerous Dogs," which adopts by reference certain regulations of the San Diego County Code of Regulations as follows:
"Chapter 8.11 DANGEROUS DOGS
The following sections of Title 6, Division 2, Chapter 6, of the San Diego County Code of Regulations, as amended by Ord. No. 10036 (N.S.), effective 2/26/10, and as may be amended by the County from time to time, are hereby adopted by reference:
8.11.010
8.11.020
8.11.030
8.11.040
Section 62. 669. 1
Section 62.669.5
Section 62.67 4
Section 62.675
Public Protection from Dogs
Guard Dogs, Dangerous Dogs or Potentially
Dangerous Animals
Proceedings to Declare a Dog Dangerous
lmpoundment, Abatement and Restrictions on
Dangerous Dogs
8.11.50 Exception; Ordinance Kept on File with City Clerk An exception shall apply when provisions thereof refer to a County of San Diego board, territory, area, agency, official, employee, or otherwise, it shall mean the corresponding board, territory, area, agency, official, employee, or otherwise, of the City, and if there is none, it shall mean that the County is acting in the same capacity on behalf of the City.
A copy of this ordinance shall be kept on file in the City Clerk's office.
8.11.60 Penalty
Whenever any act is prohibited or declared to be unlawful, or an offense, or doing of any act is required, or the failure to do any act is declared unlawful or a misdemeanor by the provisions of this Chapter or the laws incorporated therein by reference, the violation of any such provision is a misdemeanor and shall be punishable by a fine not to exceed $1,000 or imprisonment for a term not exceeding twelve months, or by both such fine and imprisonment unless some other fine or penalty is specifically stated in this Chapter or in the laws incorporated therein by reference. However, if the comparable section by the County charges the violation as an infraction, then the violation shall be charged as an infraction."
SECTION 3: Pursuant to Government Code 36937 for the immediate preservation of the public peace, health, and safety, this Ordinance shall take effect and be in force immediately upon its passage by a four-fifths vote of the City Council. The City Clerk shall certify to the
adoption of this Ordinance and cause the same to be published at least once in the East County Californian/La Mesa Forum within 15 days of its adoption.
INTRODUCED, READ AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 11th day of January 2022, and by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
MARKARAPOSTATHIS, Mayor
ATTEST:
MEGAN WIEGELMAN, CMC, City Clerk
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2022- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
~-~-~-.
0 -.. M-H,L_~_S_A _____________ ,N_T_E_Ro_F_F_1c_E_M_E_M_o_ DATE: January 11, 2022
TO: Members of the City Council
FROM: Mayor Mark Arapostathis
SUBJECT: Request to Authorize Nonresidents to Serve on the Youth Advisory Commission (La Mesa Municipal Code Chapter 2.71), Provided They Attend School in the City of La Mesa (Via Future Ordinance) Pursuant to La Mesa Municipal Code Section 2.71.010, all members of the Youth Commission (Commission) "shall be residents of the City." Currently, we are experiencing difficulty recruiting enough members to serve on a full Commission.
Consequently, I am requesting that we expand the scope of membership to include nonresidents who are attending school in La Mesa.
My reasoning is that nonresident local school attendees often spend significant amounts of time in La Mesa and as a result, have similar interests as youth residents.
Additionally, nonresident local school attendees may "bring to the table" concepts and experiences from their respective communities worthy of consideration by the Commission.
For purposes of my request, the phrase "attending school" means either a private or public school, general or special education program, K-12, college or university. It does not mean an independent special interest program (such as karate instruction).
Accordingly, my request is that Council direct staff to bring back a draft ordinance for consideration consistent with this memorandum. Thank you
~-~-~--~--~-HIL-!_S_A ____________ I_NT_E_R_O_FF_IC_E_M_E_M_O_ DATE: January 11, 2022
TO: Mayor and Members of the City Council
FROM: Councilmembers Baber and Parent
SUBJECT: Resolution in Support of Action for Spent Fuel Solutions Now We would like to invite the City Council to adopt the following resolution on behalf of the City of La Mesa.
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City of La Mesa Resolution In Support of Action for Spent Fuel Solutions Now
WHEREAS San Onofre Nuclear Generating Station (SONGS) is a retired commercial nuclear power plant located in San Diego County that has all its spent nuclear fuel packaged in stainless steel canisters designed for both storage and transportation; and
WHEREAS, despite legal and contractual requirements, there is currently no existing federal repository, interim storage facility, or program in place to address the nation's current and growing inventory of spent nuclear fuel now stranded at sites such as SONGS in 34 states across the country; and
WHEREAS, under the Nuclear Waste Policy Act of 1982 (Public Law 97-425) the federal government was required to assume title, liability, and transportation responsibility beginning in 1998, but has failed to do so. Nearly $41 billion has been paid through utility fees into the Nuclear Fund managed by the Department of Energy; and
WHEREAS the lack of national policy and statutory authority prevents removal of the spent nuclear fuel from being removed from SONGS, impeding the decommissioning of the plant, restoration of site, and return of the land to the Navy; and
WHEREAS, starting in 2025 California will hold the largest amount of stranded spent fuel in the nation and the lack of effective timeline and metrics for spent nuclear fuel has led to stranded spent nuclear fuel throughout the United States; and that
Congress should consider federal legislation requiring a plan for removal of spent nuclear fuel from the SONGS site on San Onofre State Beach; and WHEREAS, a new coalition, Action for Spent Fuel Solutions with founding members of The County of Orange, County of San Diego, County of Riverside,Southern California Edison (SCE), San Diego Gas & Electric and the City of Riverside. Now provides an opportunity for stakeholders, including local governments, business and labor leaders, Native American leaders, environmental groups, and community members to join forces and make offsite spent fuel storage and/or disposal a priority.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the La Mesa City Council hereby support the city's participation in the Action for Spent Fuel Solutions Now coalition.
DATE: January 11, 2022
TO: Mayor and Members of the City Council
FROM: Vice Mayor Jack Shu
SUBJECT: Consideration of Directing Staff to Draft a Residential Firearm Accountability Ordinance for Council Adoption or Conduct a Public Information Program About Safe Storage of Firearms Based on State Laws and Gun Safety Organizations