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Ordinance - 2458URGENCY ORDINANCE NO.2458 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING CHAPTER 6 OF THE CITY OF WEST COVINA MUNICIPAL CODE WHEREAS, the City of West Covina ("City") currently contracts with the County of Los Angeles ("County") for the provision of animal control services; and WHEREAS, pursuant to the City's contract with the County, the City adopted by reference Title 10 of the Los Angeles County Code of Ordinances into Chapter 6 (Animals and Fowl) of the West Covina Municipal Code; and WHEREAS, the City's contract with the County expires on June 30, 2019; and WHEREAS, commencing July 1, 2019, the Humane Society of Pomona Valley Inc. dba Inland Valley Humane Society and S.P.C.A. ("Humane Society") will provide the City's animal control services; and WHEREAS, the City desires to amend Chapter 6 to enable the Humane Society to provide animal control services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6-5 (Amendments) of Chapter 6 (Animals and Fowl) of the West Covina Municipal Code is hereby amended to add subsections (f), (g), and (h), and (i) as follows: (f) Section 10.04.050 (Powers of Deputies) is deleted in its entirety and replaced as follows: 10.04.050 — Designated Officers A power granted to or a duty imposed upon the Director or other public officer may be exercised or performed by any officer or employee of the Department designated by the Director. (g) Section 10.04.065 (Fees for Services) is deleted in its entirety and replaced as follows: 10.04.065 — Fees for Services The fees and costs for animal -related services will be determined annually by the city, and will be posted in each animal care center and on the Department's website. (h) Section 10.08.100 (Department) is deleted in its entirety and replaced as follows: 10.08.100 —Department "Department" means the organization or entity designated by the city council as the city's animal control enforcement agency. (i) Section 10.08.110 (Director) is deleted in its entirety and replaced as follows: "Director" means the director of the city's designated animal control enforcement agency. SECTION 2. DESIGNATION OF ANIMAL CONTROL ENFORCEMENT AGENCY. The City Council hereby designates the Humane Society of Pomona Valley, Inc. dba Inland Valley Humane Society & S.P.C.A. ("Humane Society"), a nonprofit corporation, as the City's animal control enforcement agency. As the City's animal control enforcement agency, the Humane Society is authorized to enforce the provisions of Chapter 6. This authority includes the authority to issue administrative citations for violations of Chapter 6. Although this authority granted by this Section 2 is provided in an ordinance, this grant of authority to the Humane Society may be amended by resolution of the City Council. SECTION 3. URGENCY FINDING. This Ordinance is declared to be an urgency measure necessary for the immediate protection of the public health, safety and welfare in order to assure the continuation of the City's animal control services, and it shall become effective immediately upon its adoption. The City Council hereby finds that the following circumstances constitute such urgency: (i) pursuant to the City's contract with Los Angeles County, it adopted Title 10 of the Los Angeles County Code of Ordinances into Chapter 6 of the West Covina Municipal Code; (ii) the City's current contract with Los Angeles County will expire on June 30, 2019; (iii) the City's new animal control service provider, the Humane Society, will commence providing services on July 1, 2019; (iv) certain amendments to Chapter 6 are necessary in order for the Humane Society to enforce the provisions of Chapter 6; and (v) failure to adopt this Ordinance could result in the City's inability to enforce Chapter 6 upon the expiration of the City's contract with Los Angeles County on June 30, 2019. SECTION 4. ENVIRONMENTAL REVIEW. The Council finds that adoption of this Ordinance is not a "project" pursuant to California Public Resources Code Section 21065 and CEQA Guidelines Section 15378(a)(5) because CEQA only applies to "projects" and the definition of "project" excludes "administrative activities of governments that will not result in direct or indirect physical change in the environment", and this Ordinance merely amends Municipal Code provisions relating to animal control. SECTION 5. SEVERABILITY. If any section, subsection, clause or phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this Ordinance. The City Council of West Covina hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases or portions thereof be declared invalid or unconstitutional. SECTION 6. ATTESTATION. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Although this Ordinance shall become effective immediately, Sections 1 and 2 of this Ordinance shall not be in effect until July 1, 2019. PASSED, APPROVED AND ADOPTED this 18' day of June, 2019. APPROVED AS TO FORM �/ 44 Scott E. Porter City Attorney i L oyd Jolfnson Mayor ATTEST t Carrie Gallagher, CMC Assistant City Clerk I, CARRIE GALLAGHER, Assistant City Clerk, of the City of West Covina, am the custodian of the original records, which are public records over which I maintain custody and control for the City of West Covina, California. I, do hereby certify the foregoing Ordinance, being Urgency Ordinance No. 2458 as passed by the City Council of the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk, at a regular meeting of the City Council held on the 18s' of June 2019, and that the same was passed by the following vote, to wit: AYES: Castellanos, Lopez-Viado, Shewmaker, Wu, Johnson NOES: None ABSTAIN: None ABSENT: None Came Gallagher, CMC Assistant City Clerk