LEGALS
The Paper
FICTITIOUS BUSINESS NAME STATEMENT #2015-013436 The name of the business: Bloom Auto Sales, located at 1734 W. Mission Rd. Escondido, CA. 92025. This business is hereby registered by the following: Majjaan Auto Sale, Inc. 1947 Camino Vida Roble Carlsbad, CA. 92008 This business is conducted by a corporation. First day of business was n/a. /s/Rashid Karimi, President This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 5/19/2015. 5/28, 6/04, 6/11 & 6/18/2015 FICTITIOUS BUSINESS NAME STATEMENT #2015-014746 The name of the business: Sam Cash & Carry Catering, RMSA Cash & Carry Catering, located at 1520 Linda Vista Dr., San Marcos, CA. 92078. This business is hereby registered by the following: Hisham A. Khalil 1636 Ave. Oceano Oceanside, Ca. 92056 This business is conducted by an individual. First day of business was 6/1/15. /s/Hisham A. Khalil This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 6/04/2015. 6/11, 6/18, 6/25 & 7/02/2015 FICTITIOUS BUSINESS NAME STATEMENT #2015-012433 The name of the business: Sterling Mechanical, Sterling Heating & Air Conditioning, located at 5422 Rockinghorse Ln., Oceanside, CA. 92057. This business is hereby registered by the following: Jason Lynch 5422 Rockinghorse Ln. Oceanside, CA. Ca. 92057 This business is conducted by an individual. First day of business was 4/30/15. /s/Jason Lynch, Owner This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 5/08/2015. 6/04, 6/11, 6/18, & 6/25/2015
FICTITIOUS BUSINESS NAME STATEMENT #2015-015251 The name of the business: West Coast Realtors, located at 301 Mission Ave. #211, Oceanside, CA. 92054. This business is hereby registered by the following: Real Estate eBroker, Inc. 301 Mission Ave. #211 Oceanside, CA. 92054 This business is conducted by a corporation.. First day of business was n/a. /s/Gintas Kaslauskas, CEO This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 6/9/2015. 6/11, 6/18, 6/25 & 7/02/2015
FICTITIOUS BUSINESS NAME STATEMENT #2015-015082 The name of the business: Doc’s Metal Craft, located at 500 Rancheros Dr. #165, San Marcos, CA., 92069. This business is hereby registered by the following: Darrin P. Jones 500 Rancheros Dr. #165 San Marcos, CA. 92069 This business is conducted by an individual. First day of business was 2/17/15. /s/Darrin P. Jones This statement was was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 6/05/2015. 6/11, 6/18, 6/25 & 7/02/2015 FICTITIOUS BUSINESS NAME STATEMENT #2015-015136 The name of the business: Del Rio Landscape Development, located at 2525 Pruett Dr., Vista, Ca. 92084. This business is hereby registered by the following: Brandi Diana Kowal 2525 Pruett Dr. Vista, Ca. 92084 This business is conducted by an individual. First day of business was 6/8/15. /s/Brandi Diana Kowal This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 6/08/2015. 6/11, 6/18, 6/25 & 7/02/2015
FICTITIOUS BUSINESS NAME STATEMENT #2015-015091 The name of the business: SD Threading Studio, located at 1892 W. El Norte Pkwy, Escondido, Ca. 92026. This business is hereby registered by the following: Harpal Kaur 44982 Bellflower Ln. Temecula, CA. 92592 This business is conducted by an individual. First day of business was n/a. /s/Harpal Kaur This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 6/08/2015. 6/11, 6/18, 6/25 & 7/02/2015
FICTITIOUS BUSINESS NAME STATEMENT #2015-013662 The name of the business: Palomar Premium Waters, located at 1270 W. Mission Ave., Escondido, CA. 92029. This business is hereby registered by the following: Palomar Mountain Premium Spring Water, LLC 1270 W. Mission Ave. Escondido, Ca. 92029 This business is conducted by a Limited Liability Company. First day of business was 6/01/2005. /s/Conrad Pawelski, CFO This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 5/21/2015. 5/28, 6/04, 6/11 & 6/18/2015
FICTITIOUS BUSINESS NAME STATEMENT #2015-014276 The name of the business: California Center for Surrogacy and Egg Donation, located at 477 El Camino Real, #C208, Encinitas, CA. 92024. This business is hereby registered by the following: California Center for Reproductive Science 477 El Camino Real #C310 Encinitas, CA. 92024 This business is conducted by a corporation. First day of business was n/a. /s/Lori Arnold, MD. This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 5/29/2015. 6/04, 6/11, 6/18 & 6/25/2015
SUMMARY OF ORDINANCE INTRODUCED/ ADOPTED
ORDINANCE NO. 2015-1410
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, EXTENDING THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF RETAIL PET STORES IN THE CITY OF SAN MARCOS
WHEREAS, on April 28, 2015, the City Council adopted interim urgency Ordinance No. 2015-1408 imposing a temporary moratorium on the establishment of retail pet stores in the City of San Marcos for a period of 45 days, which temporary moratorium is scheduled to expire on June 13, 2015; and
WHEREAS, California Government Code Section 65858 authorizes local agencies, including charter cities, to adopt, after a noticed public hearing, an ordinance to extend an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body, planning commission or planning department is considering, studying or intends to study within a reasonable time, if the extension ordinance contains legislative findings that retail pet stores engaged in the sale of dogs, cats and/or rabbits pose a threat to the public welfare of animals, residents and businesses, and the approval of any permit or other applicable license or entitlement for use would result in the threat to the public welfare of animals, residents and/or businesses; and WHEREAS, the purpose of this urgency Ordinance is to extend the moratorium on the establishment of retail pet stores established under interim urgency Ordinance No. 20151408 to continue to protect against the current and immediate threats retail pet stores pose to the public welfare of animals, residents and/or businesses and the preservation of peace within the City’s jurisdictional boundaries; and WHEREAS, the San Marcos Municipal Code does not currently separately regulate retail pet stores in the City of San Marcos; and
WHEREAS, the City Council has been made aware of public protests occurring outside a newly established retail pet store in the City, has been approached by animal rights activists regarding their opposition to the retail sale of dogs, cats and/or rabbits received from commercial breeding operations, and has received a number of requests from City residents to enact an ordinance prohibiting the retail sale of these animals, which contributes to the overpopulation of animals in the City; and WHEREAS, the City Council has also received countervailing views on retail pet stores from the owner of such a business that recently opened in San Marcos; and
WHEREAS, prohibiting the sale of dogs, cats and/or rabbits in retail pet stores, unless the animals are obtained from a (i) city, county or other governmental animal shelter; (ii) animal control agency; (iii) humane society; (iv) animal rescue organization; or (iv) other non-commercial breeding establishment, may encourage pet consumers to adopt animals from shelters and rescue agencies, which could result in saving animals’ lives, decreasing the shelter animal euthanasia rate and reducing public costs for sheltering animals; and
WHEREAS, it is necessary for the City to extend the moratorium prohibiting the approval or issuance of any permit or other applicable license or entitlement for use, including but not limited to the issuance of a business license, building permit, conditional use permit, or other land use approval for the establishment of any retail pet store that would engage in the
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sale of dogs, cats and/or rabbits within the jurisdiction of the City to provide time for the City to evaluate the impacts that retail pet stores have on the public welfare of animals, residents and/or businesses, and bring forward a recommended regulatory structure for these establishments; minimize any negative effects the newly established retail pet store in the City’s jurisdiction might have on nearby businesses, property owners and residents of the City; and evaluate pending challenges to local ordinances that permanently ban the sale of dogs, cats and/or rabbits in other jurisdictions; and WHEREAS, in adopting this urgency Ordinance to extend the moratorium on retail pet stores, the City Council’s determination is based upon the following specific legislative findings: (a) Currently, there are no Federal or State laws that expressly prohibit retail pet stores from selling animals obtained through commercial breeding facilities. However, there are Federal and State statutory provisions that regulate the conditions and practices of the breeding facilities and the retail pet stores.
(b) The U.S. Congress passed the Animal Welfare Act in 1966 (7 U.S.C. § 2131 et seq.). The Act is the only 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. The Act is upheld and enforced by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA), and requires all animal dealers to be registered and licensed.
(c) California’s PolancoLockyer Pet Breeder Warranty Act (Health and Safety Code § 122045 et seq.) requires certain dog breeders to maintain certain health and safety standards for animals, sell only healthy animals, and provide an animal’s health record and status and other written disclosures to pet buyers. The Act also provides consumer protections for purchasing dogs if a California-licensed veterinarian provides written certification that the dog is unfit for sale. If after 15 days from the date of purchase, a dog becomes ill due to an illness that existed at the time of sale; or if within one year after purchase, the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires or is likely in the future to require hospitalization or non-elective surgical procedures, then the owner may receive a refund for (i) the purchase price of the dog or another dog and reimbursement for reasonable veterinarian fees up to the purchase price of the dog; or (ii) reimbursement for veterinary fees up to 150 percent of the purchase price of the dog. The State’s Lockyer-Polanco-Farr Pet Protection Act (Health and Safety Code § 122125 et seq.) offers similar consumer protections relating to purchasing animals unfit for sale as those offered under the LockyerPolanco-Farr Pet Protection Act, except that it applies only to pet retailers selling more than 50 dogs per year (exempts animal shelters and humane societies), and also requires those pet retailers to have a permit and encourage the use of spaying and neutering services. (d) Other jurisdictions in the State of California have adopted local ordinances that permanently prohibit the sale of dogs and cats in retail pet stores, including but not limited to the cities of Oceanside, Chula Vista, South Lake Tahoe, West Hollywood, Hermosa Beach, Glendale, Irvine, Dana Point, Laguna Beach, Aliso Viejo, Huntington Beach, Burbank, and Rancho Mirage. Other jurisdictions in the State have permanently banned the sales of rabbits, in addition to prohibiting the retail sale of dogs and cats, including but not limited to San Diego, Los Angeles and San Francisco.
(e) Research shows that animals born and raised at puppy mills, kitten factories and rabbit mills are more likely to have genetic disorders and lack adequate socialization. The American Society for the Prevention of Cruelty to Animals (ASPCA) asserts that animals used for breeding purposes at these facilities may be subject to inhumane housing conditions and indiscriminately disposed of when they reach the end of their profitable breeding cycle.
(f) According to the Humane Society of the United States (HSUS), hundreds of thousands of dogs and cats are housed and bred at “puppy mills” or “kitten factories,” which it defines as inhumane and substandard breeding facilities that mass-produce animals for sale to the public, typically through retail pet stores. The HSUS claims that this results in the physical, psychological and/or behavioral needs of the animals not being fulfilled due to inadequate housing, shelter, staffing, nutrition, socialization, sanitation, exercise, veterinary care and/or inappropriate breeding. The HSUS “Guide to Using Local Ordinances to Combat Puppy Mills” estimates that more than one million puppies are produced by USDAlicensed breeding facilities each year, while three to four million dogs and cats are euthanized by shelters every year in the United States. In 2014, the San Diego County Humane Society’s Annual Report stated that more than 1,600 animals were euthanized in San Diego County area shelters, alone. (g) According to the House Rabbit Society, an international, non-profit animal welfare organization committed to reducing the number of unwanted rabbits and improving rabbits’ lives, rabbits sold in retail pet stores are often sold as snake food or as a pet for a small child who soon “outgrows” the rabbit. Unwanted rabbits are often abandoned in fields, parks or on city streets to fend for themselves. This results in abandoned rabbits suffering from starvation and sickness and makes them easy prey for other animals or traffic accidents. (h) The USDA inspects commercial breeding facilities licensed and registered under the Animal Welfare Act to ensure the facilities are in compliance with federal regulations. After reviewing the most recent USDA Inspection Reports (from 2012 through the present) for the breeders cited by the owner of Mini Toy Puppies in San Marcos as currently supplying animals to Mini Toy Puppies, it was discovered that most operate commercial dog-breeding facilities with 300 to 400 dogs, on average, and one housed approximately 1,500 dogs at one time.
(i) A couple of the breeders that supply animals to Mini Toy Puppies have been in direct violation of federal regulations during the past year according to the latest USDA inspection reports. For the past three years in a row, one breeder has made the USHS’s “Horrible Hundred” list, which identifies problem puppy mills in the United States. The latest USHS list, released on May 1, 2015, provides that the breeder made the list because of certain USDA violations, including but not limited to the following: dog with no teeth and exposed jaw bone partially missing and detached from gums; dog unable to bear weight on back leg with a twisted toenail on foot and bleeding toe/paw; dog with bleeding teeth, black matter on teeth and green goopy discharge from eyes; dog with reddened skin, hair loss and scabbed over skin. In lists from previous years, that breeder had the following USDA violations: dog appearing thin to the point of spine and hip bones protruding; dog with a wounded bloody tail tip causing splattered blood on animal enclosure; dog with apparent eye and dental disease; and three dead puppies in various stages of dismem-
berment.
(j) According to the USDA’s website, every breeder Mini Toy Puppies currently uses has had at least one indirect federal violation during the past three years. Indirect violations cited at those breeding facilities, many of which are repeat violations meaning the facility was cited multiple times for the same violation, include but are not limited to the following: dog fecal material matted in fur; swollen knee three times the normal size; mass or swelling on foot; brown/black/green/yellow material on teeth and in gum line; eye conditions – swelling on cornea, dark and crusty discharge, white film, blue colored lesion, reddened eyes, etc.; accumulation of dirt, hair, dead insects, spider webs, debris and/or other grime; water having a green tinge to it and food receptacles having a green residue on the inside surface; self-feeders have an accumulation of dark matter and wet food in crevices; enclosures not large enough for animals to make normal postural adjustments (i.e. sitting, standing and lying down); dirty feces and urine pools remain directly under dogs and wastewater cannot completely drain; no shade for animals during periods of direct sunlight, or wind/rain breaks to protect animals from outdoor elements and inclement weather; broken or cut sharp wires sticking out of and protruding into animal enclosures; no flooring on enclosures; rusted/broken support structures; dogs in “grave” need of grooming (i.e. long, matted, dirty or twisted coats); and inadequate ventilation and overwhelming odor of ammonia. NOW, THEREFORE, the City Council of the City of San Marcos, California, in accordance with the freedom afforded to charter cities generally, and by the Charter of the City of San Marcos specifically, and pursuant to Government Code Section 65858, does ordain as follows:
Section 1. Extension of Moratorium. For the reasons described above, the City Council has determined it is necessary to extend interim urgency Ordinance No. 20151408 to continue the moratorium on the establishment of retail pet stores in the City of San Marcos pursuant to Government Code Section 65858. No permit or other applicable license or entitlement for use, including but not limited to the issuance of a business license, building permit, conditional use permit, or other land use approval, shall be approved and/or issued for the establishment of any retail pet store that would engage in the sale of dogs, cats and/or rabbits within the jurisdiction of the City. This Ordinance does not affect animal shelters, humane societies, and animal rescue organizations, and nothing in this Ordinance prevents a retail pet store, or its owner, operator or employees from providing space and appropriate care for animals owned by a publiclyoperated animal control agency or shelter, nonprofit humane society, or nonprofit animal rescue organization and maintained at the retail pet store for the purpose of adopting those animals to the public. This Ordinance does not preclude the continued operation of any retail pet establishment lawfully existing on the effective date hereof, for the extended moratorium period.
Section 2. Recitals Made Findings. In adopting this extension Ordinance, the City Council finds and declares that the above recitals are hereby declared to be true and correct findings of the City Council; and each of the recitals and findings contained in interim urgency Ordinance No. 2015-1408 remain true and correct and are hereby incorporated by reference; and the adoption of this extension Ordinance is necessary to further study the impacts that retail pet stores have on the public welfare of animals, residents and/or businesses; craft regulations governing these
establishments in the City; minimize any negative effects the newly established retail pet store in the City’s jurisdiction might have on nearby businesses, property owners and residents of the City; and evaluate pending challenges to local ordinances that permanently ban the sale of dogs, cats and/or rabbits in other jurisdictions. The adoption of this extension Ordinance is necessary on an urgency basis because of the continued and immediate threat retail pet stores and the approval of any permit or other applicable license or entitlement for use pose to the public welfare of animals, residents and/or businesses and the preservation of peace within the City’s jurisdictional boundaries. Section 3. Consistency with the SMMC. Any provision of the SMMC that is inconsistent with any provision of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified only to the extent necessary to effect the provisions of this Ordinance.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance takes effect immediately upon adoption as an urgency measure. The moratorium on retail pet stores established under interim urgency Ordinance No. 20151408 is hereby extended for a period of ten (10) months and fifteen (15) days from after the date Ordinance No. 2015-1408 would have otherwise expired, unless prior to its expiration, following a noticed public hearing in accordance with Government Code Section 65090, the City Council extends this Ordinance pursuant to Government Code Section 65858. Section 6. Publication. Within fifteen (15) days following the adoption of this extension Ordinance, the City Clerk shall certify to the passage of this Ordinance and cause the same to be published in accordance with the provisions of State Law in a newspaper of general circulation designated for legal notices publication in the City of San Marcos. PASSED, APPROVED AND ADOPTED at a special meeting of the City Council of the City of San Marcos, California, held on the 12th day of June, 2015, by the following roll call vote:
AYES: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO NOES: C O U N CILMEMBERS: NONE ABSENT: C O U N CILMEMBERS: DESMOND Phillip Scollick/City Clerk, City of San Marcos PD 6/18/2015
FICTITIOUS BUSINESS NAME STATEMENT #2015-014036 The name of the business: New Tech Builders, located at 1988 Acorn Road, San Marcos, CA. 92078, This business is hereby registered by the following: Daniel Owen 1988 Acorn Road San Marcos, Ca. 92078 This business is conducted by an individual. First day of business was 5/27/15.. /s/Daniel Owen This statement was filed with Ernest J. Dronenburg Jr., County Clerk/Recorder of San Diego County 5/27/2015. 6/04, 6/11, 6/18 & 6/25/2015
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