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HomeMy WebLinkAboutD-4 Staff Report - Coyote Management Implementation PlanSCHEDULED ITEM D-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MARTIN QUIROZ, PIO/NEIGHBORHOOD IMPROVEMENT COORDINATOR DATE: AUGUST 19, 2019 SUBJECT: ADOPTION AND PARTICIPATION IN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS COYOTE MANAGEMENT IMPLEMENTATION PLAN BACKGROUND: Over the past few years, the City of Azusa, as well as other cities in the San Gabriel Valley, has experienced an increase in the number of human/coyote incidents and encounters. As our surrounding foothills become urbanized, wildlife encounter have become more prevalent. While bears, mountain lions and bobcats are occasional visitors to our urban interface, the most widely reported wildlife has been coyotes, skunks and opossum. Coyotes often trigger alarm in people who fear for the safety of their children and pets. The purpose of the San Gabriel Valley Council of Government Coyote Management Plan is for municipalities to collectively coordinate coyote management efforts to reduce human/coyote conflicts within their communities. RECOMMENDATION: Staff recommends that the City Council take the following action: 1)Approve and authorize the City Manager to sign the Memorandum of Agreement with the San Gabriel Valley Council of Government for the City of Azusa’s participation in the regional San Gabriel Valley Coyote Implementation Plan. APPROVED CITY COUNCIL 8/19/2019 ANALYSIS: A Coyote Management Task Force was formed by the San Gabriel Valley Council of Governments (SGVCOG) to address the existing and rising coyote issues in the San Gabriel Valley. The task force met several times to assess the feasibility of developing a regional coyote management framework. This framework provides a comprehensive regional coyote management model for all San Gabriel Valley cities and issue guidance for dealing with coyotes in the region. SGVCOG staff worked with San Gabriel Valley city staff, the California Department of Fish and Wildlife, California State Assemblyman Ed Chau’s office, the University of California Agriculture and Natural Resources, and local Humane Society organizations to develop two separate draft documents: • SGVCOG Regional Coyote Management Framework (RCMF) • Coyote Management Implementation Plan (CMIP) The RCMF serves as a document that member agencies can adopt and modify based on their own needs. This framework includes coyote management strategies, reporting tools, and other resources that cities can utilize to reduce human-coyote conflicts. It also includes recommendations for cities to educate their residents and communities on the differences between appropriate and inappropriate coyote behaviors. A copy of the RCMF can be found in Attachment A. COYOTE MANAGEMENT IMPLEMENTATION PLAN The CMIP is a separate document that was created to provide the SGVCOG with a plan of implementing coyote management services on behalf of member agencies. Under this plan, SGVCOG would serve as the umbrella organization that is responsible for providing public outreach and education, promoting effective human-coyote conflict mitigation strategies, and supporting a robust coyote reporting and response mechanism on behalf of participating agencies. Programs and services offered to the cities under this plan are as follows: • Community Meeting and Training Workshops; • Youth Outreach and Education Program; • Mailers and Social Media Outreach; • Website and Coyote Incident Reporting System; and • Coyote Reporting Hotline. Components of the CMIP are designed to increase communities’ knowledge and understanding of how coyotes behave and to make clear how such behavior can be managed or reduced to eliminate human conflicts with coyotes. Components of this plan are developed based on balancing respect and protection of wildlife without compromising public safety. PARTICIPATING CITIES SGVCOG solicited letters of interest from cities that are interested in participating in the Coyote Management Implementation Plan from June 5, 2019 to July 11, 2019. During this time period, SGVCOG had received letters of interest from the Cities of Alhambra, Arcadia, Azusa, Covina, El Monte, Glendora, Irwindale, Montebello, San Dimas, San Gabriel, San Marino, Temple City and Walnut. These interested cities agreed to proceed with contributing $10,000/year per city for two years to receive coyote management public outreach services that are managed by the SGVCOG. The services listed within the CMIP are scheduled to commence on November 1, 2019 and end no earlier than October 31, 2021. MEMORANDUM OF AGREEMENT (MOA) The MOA, which can be found in Attachment B, identifies the following roles and responsibilities for the SGVCOG and each participating city (City): SGVCOG: • Coordinate and implement coyote town halls and community meetings; • Coordinate and host coyote management workshops and conflict trainings; • Conduct youth outreach and education programs for local schools; • Coordinate to send mailers to neighborhoods with high numbers of human- coyote encounters and incidents; • Manage a website or webpage that contains important and helpful information for residents and businesses regarding coyotes; • Maintain an online regional coyote incident reporting system for residents of City; • Develop and maintain a regional coyote reporting hotline; • Coordinate with the California Department of Fish and Wildlife, the County of Los Angeles, and other relevant external stakeholders on regional coyote management efforts; • Provide electronic files of coyote marketing and outreach materials; and, • Manage all invoicing and billing. City: • Participate in coordination calls and meetings; • Provide a point-of-contact; • Assist with the coordination of coyote town halls, community meetings, coyote management workshops, conflict trainings, mailers, social media outreach, and youth outreach and education programs; • Provide municipal meeting space or venue for events and activities related to this plan; and, • Pay all invoices submitted by SGVCOG. FISCAL IMPACT: The interested cities agreed to pay $10,000 each year per city for two years to receive coyote management public outreach services that are managed by the SGVCOG. Upon Council approval of the recommended action, Staff will amend the Neighborhood Services budget by $10,000 using general fund reserves to cover expenses to participate in the program for this current fiscal year. Appropriate budget allocation requests will be made for year two of the program. Prepared by: Reviewed and Approved: Martin Quiroz Sergio Gonzalez PIO/Neighborhood Improvement City Manager Coordinator Attachments: 1) San Gabriel Valley Regional Coyote Management Framework 2) Draft MOA of the Coyote Management Implementation Plan Regional Coyote Management Framework (RCMF) SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS CONTACT INFORMATION: Alexander Fung, Management Analyst afung@sgvcog.org Navneet Kaur, Management Analyst nkaur@sgvcog.org Attachment 1 DISCLAIMER On Thursday, July 18, 2019, the SGVCOG Governing Board adopted the Regional Coyote Management Framework as a comprehensive regional coyote management model for all San Gabriel Valley cities. The strategies listed within this framework are based on balancing respect and protection of wildlife without compromising public safety. This document serves as a framework that individual cities can modify and adopt based on their needs and interests; however, languages of individual San Gabriel Valley cities’ Coyote Management Plans should generally be consistent with this document if possible. ACKNOWLEDGEMENTS The San Gabriel Valley Council of Governments owes a debt of gratitude to the many agencies, entities, experts, and individuals who helped transform this project from an idea to a reality. We appreciate all of the support we have received from the California Department of Fish and Wildlife, the County of Los Angeles, the Office of Assemblymember Ed Chau, the University of California Agriculture and Natural Resources, the San Gabriel Valley Humane Society, the Pasadena Humane Society, and the Inland Valley Humane Society, as well as the generous support from the Cities of Arcadia, Bradbury, Covina, Rosemead, and San Marino. Furthermore, we would like to thank the following municipalities for serving on the SGVCOG Coyote Management Task Force and providing feedback on the development of this document: City of Alhambra City of Arcadia City of Bradbury City of Covina City of Diamond Bar City of Industry City of Irwindale City of La Cañada Flintridge City of Monrovia City of Monterey Park City of Rosemead City of San Dimas City of San Gabriel City of San Marino City of South El Monte City of South Pasadena City of Temple City City of Walnut County of Los Angeles State of California SECTION 1: INTRODUCTION The goal of the San Gabriel Valley Regional Coyote Management Framework (RCMF) is to discourage the habituation of coyotes in an urban environment by using education, behavior modification, and a robust human/coyote reporting and responding system. The recommended actions in this RCMF are designed to increase communities’ knowledge and understanding of how coyotes behave and to make clear how such behavior can be managed or reduced to eliminate human conflicts with coyotes. The ultimate goal of coyote behavior modification is to encourage the natural relocation of coyotes to their native environment. The overall intent of this framework is to provide guidance for dealing with coyotes in the San Gabriel Valley region. This framework has also been modeled after plans that were successfully utilized by other municipalities in Southern California. This RCMF does not supersede federal, state, county, and city regulations and policies. Additionally, this framework does not apply to San Gabriel Valley residents, businesses, or homeowner associations in pursuit of their legal rights in dealing with coyotes. As recommended by the California Department of Fish and Wildlife (CDFW), the RCMF is guided by the following principles: ● Human safety is a priority in managing human-coyote interactions. ● Coyotes serve an important role in San Gabriel Valley’s ecosystems by helping to control rodent populations. ● Preventive practices are crucial to minimizing potential interactions and encounters with coyotes. ● Solutions for coyote conflicts must address both problematic coyote behaviors and the human behaviors that invite them. ● Non-selective coyote removal programs are ineffective for reducing coyote population sizes or preventing human-coyote conflicts in the long run. ● Regionwide programs that involve residents can improve coexistence among humans, coyotes, and pets. SECTION 2: COYOTE MANAGEMENT STRATEGY The strategy for managing coyotes is based on balancing respect and protection of wildlife without compromising public safety. The main strategy is a multi-focused approach consisting of public education, enforcement, and reporting. PUBLIC EDUCATION Coyote awareness education is critical for residents to make informed decisions regarding their safety, properties, and pets by decreasing attractants, reshaping coyote behavior, and creating reasonable expectations of normal coyote behavior. Dissemination of information to residents, businesses, and schools will be accomplished through the use of the cities’ websites, newsletters, social media, press releases, town halls, community meetings, coyote management workshops, and other direct and indirect public outreach campaigns. Learning how to properly and effectively respond to a coyote encounter empowers residents and supports reshaping undesired coyote behavior. The public should understand what normal coyote behavior is when living in close proximity with coyotes. For example, vocalization (coyote calls) is a normal and acceptable behavior that does not indicate aggression. It is recommended for cities and member agencies to host town hall meetings, trainings, and provide youth education workshops in communities with high human-coyote interactions. Cities are also encouraged to mail information regarding coyotes to educate the residents and households residing in areas with high coyote sightings. Mailers and social media postings should be offered in English and other languages that are widely spoken by local residents. ENFORCEMENT The act of feeding wildlife is known to lead to an increase in wildlife activity. Feeding can attract coyotes and their prey to an area leading to an increased likelihood of creating habituated coyotes and resulting in increases in coyote-human interactions. California law prohibits feeding wildlife, including coyotes. SGVCOG recommends all member agencies to strictly enforce the State law pertaining to this activity. Cities and counties should adopt ordinances that discourage the intentional or unintentional feeding of wildlife. Please see Appendix A for the draft of a sample ordinance from the City of Davis, California. REPORTING A five-tier safety response plan has been developed by the SGVCOG to provide a mechanism for identifying and classifying different levels of human-coyote interactions for member agencies. This response plan serves as a regional approach to identify different types of coyote behaviors. However, cities are encouraged to adapt and adjust SGVCOG’s response plan or develop a plan that is more suitable to the individual cities’ needs; however, levels of coyote behavior and response actions should be consistent with SGVCOG’s response plan. It is also important to note that several SGVCOG member agencies already have their own response plans in place. For the cities’ reference, Appendix B showcases a list of SGVCOG’s member agencies with adopted coyote management plans. Additionally, Appendix C showcases the SGVCOG’s five-tier response system, City of West Covina’s adopted four-tier colored response system, and City of San Gabriel’s adopted coyote behavior classification system. SECTION 3: COYOTE ATTRACTANTS While attacks on humans are extremely rare, urban landscape development, intentional and unintentional feeding, pet-related incidents, and media attention have led some residents to fear coyotes. It is important to note that attacks on free-roaming and unattended small pets are normal coyote behavior and do not necessarily indicate a danger for humans. Coyotes usually become habituated when they learn and associate people and/or neighborhoods with sources of food. Residents may reinforce this behavior by acting inappropriately when they see a coyote. Steps must be taken to address safety concerns and misconceptions and to ensure appropriate responses to potential threats to human safety. It is important to keep in mind that coyotes have been in and around the San Gabriel Valley and other parts of Southern California since thousands of years ago. Coyotes are drawn to urban and suburban areas for the following reasons: FOOD – Urban areas provide a bounty of natural food choices for coyotes that primarily eat rodents. However, coyotes can be further attracted into suburban neighborhoods by human-associated food, such as pet food, unsecured compost or trash, and fallen fruit in parks and yards. Intentional and unintentional feeding can lead coyotes to associate humans with sources of food, which can result in negative and aggressive interactions among coyotes, people, and pets. To reduce food attractants in urban and suburban area, residents should be educated to: ● Never hand-feed or otherwise deliberately feed a coyote. ● Avoid feeding pets outside and remove sources of pet food and water in outdoor settings. If feeding pets outside is necessary, remove the feeding bowl and any leftover food promptly. ● Never compost any meat or dairy products unless the compost is fully secured. ● Maintain good housekeeping, such as regularly raking areas around bird feeders, to help discourage coyote activity near residences. ● Remove fallen fruit from the ground. ● Keep trash in high-quality containers with tight-fitting lids. ● Only place trash bins curbside during the morning of trash collection. If left out overnight, trash bins are more likely to be tipped over and broken into by coyotes. If necessary, purchase secured trash containers. ● Seal food waste, such as meat scraps or leftover pet food, before discarding the waste into trash bins. WATER – Urban areas provide a year-round supply of water in the form of stormwater impoundments and channels, artificial lakes, irrigation, swimming pools, and pet water dishes, which support both coyotes and their prey. In dry conditions, water can be as alluring as food. Residents should remove outdoor water bowls/cans and secure fountains, pools, and jacuzzis. SHELTER – Parks, greenbelts, open spaces, sumps, golf courses, buildings, sheds, decks, and crawl spaces increase the amount and variability of cover for coyotes. They allow coyotes to safel y and easily remain close to residents, pets, homes, and businesses without detection. Coyotes may take advantage of available spaces under sheds or decks for use as a den, thereby bringing them into close contact with residents and pets. UNATTENDED PETS – Coyotes primarily eat small mammals, such as mice and rats; however, they will also prey on slightly larger mammals such as rabbits and groundhogs. Animals that are approximately the same size as a groundhog or rabbit, especially unattended outdoor cats and small dogs, may attract coyotes into neighborhoods. ● The best way to minimize risk to pets from coyotes (and the other dangers of outdoor life such as cars, disease, and other wildlife) is to keep small pets indoors, only let them outside in a secured enclosure, or when they are accompanied by a person and under the control of a leash and harness that is less than six feet long. ● It is important to either keep dogs on a leash that is six feet long or shorter when outdoors or to stay within six feet of them when outside. Coyotes may view a dog on a leash longer than six feet as an unattended pet. Attacks on free-roaming small cats or dogs are normal coyote behavior and do not indicate a danger for humans. A free-roaming pet is considered as an unattended domestic pet outside of its enclosed yard or area. ● Although attacks on larger dogs are rare, coyotes may often attack a large dog when they feel that their territory is threatened. This generally occurs during the coyote breeding season, which takes place from January through March. During this time, it is especially important to not leave dogs outside unattended and to keep them on leashes (six feet long or less) when in public areas. FERAL CATS – While residents who feed feral cats are often concerned that coyotes might prey on the cats, the act of feeding feral cats may cause more harm than good, as coyotes often frequent these locations. Resident should not feed feral cats to avoid attracting coyotes into their neighborhoods. Although it can be difficult for residents to protect feral cats from coyotes, the following tips can be helpful: ● Do not feed feral cats. ● If feral cats frequent your neighborhood, please contact your local Animal Services agency. ● Haze coyotes seen near feral cat locations. Making coyotes feel uncomfortable will encourage them to stay out of the area. See Appendix D for a list of effective hazing strategies. Other domestic animals kept outside, such as rabbits and chickens, may also be viewed as prey by coyotes. Protect outdoor animals from coyotes and other predators with protective fencing and sturdy cages. Residents are encouraged to use the Yard Audit Checklist (Appendix E) as a tool to help recognize and remove attractants in their yards and neighborhoods SECTION 4: HAZING AND BEHAVIOR CHANGE Some coyotes have become too comfortable in the close proximity of residents. To safely coexist, residents must modify their behavior to shape coyote behavior. Habituated coyote behavior needs to be reshaped to encourage coyotes to avoid contact with residents and pets. Hazing, also known as “fear conditioning” or “scaring,” is the process that facilitates this change and is, by necessity, a community response to negative encounters with coyotes. The more an individual animal is hazed, the more effective hazing is in changing coyote behavior. Hazing employs immediate use of deterrents to move an animal out of an area or discourage an undesirable behavior or activity. Deterrents include loud noises, spraying water, bright lights, throwing objects, waving arms, and shouting. Hazing can help maintain a coyote’s fear of humans and discourage them from neighborhoods, such as backyards and play areas. Hazing is not intended to harm or damage animals, humans or property, but to change the coyote’s behavior. A coyote, similar to a dog, will not know that the behavior it is engaging in is unwanted unless some type of message is sent and reinforced repeatedly. Behavioral change also involves human activities such as identifying and removing attractants and protecting pets responsibly. If a human sees a coyote in an urban area and does not respond in any way, a message opposite of hazing is conveyed to the coyote. Please see Appendix D for a list of effective hazing strategies. GOALS OF HAZING It is not economically and ecologically efficient to eradicate coyotes from the urban ecosystem. Hazing is part of a long-term plan to create safe and acceptable living situations, increase understanding of coyote behavior and reduce conflict between coyotes and people. Goals of hazing include: 1. To reshape coyote behavior to avoid human contact in an urban setting. Human behavior can shape animal behavior, in either a negative or positive manner. People living in close proximity to coyotes can remove coyote attractants, identify potentially dangerous situations for their pets and themselves, and respond in a manner designed to change coyote behavior. 2. To provide residents information and tools to actively engage in reshaping coyote behavior and to support feeling safe in their parks and neighborhoods. This can be accomplished by teaching residents effective and appropriate hazing techniques. 3. To model hazing behavior and share accurate information about coyotes among other residents, friends, and family. 4. Monitor hazing to assess its effectiveness and determine if further action or more aggressive hazing is needed. 5. Develop long-term community-based hazing programs. TRAINING PROGRAM SGVCOG encourages member agencies to partner with experts from CDFW, local Humane Society and/or Animal Services organizations, the County of Los Angeles, and/or other relevant external stakeholders to empower residents with methods to safely co-exist with wildlife. Specific to human-coyote conflicts, the workshops should include basic training on species-specific ecology and behavior, strategies to reduce/eliminate potential human-coyote conflicts, and appropriate conflict and management techniques (e.g. hazing). Topics may include: • Basic coyote information; • Normal/healthy vs. abnormal/unhealthy coyote behavior; • Seasonal behavior changes; • Appropriate responses when encountering wildlife, especially coyotes; • Human health, public, and pet safety tips and concerns; • Coyote attractants; • Methods to reduce/eliminate access to attractants (e.g. exclusion, deterrence); or, • Effective coyote hazing methods. Additionally, Cities and counties should also promote CDFW’s Wildlife Watch Program. This program is a multi-agency partnership initiative that provides support and training to local governments and community groups to help them design and implement their own nuisance wildlife action plans. More information regarding the Wildlife Watch Program can be found on https://www.wildlife.ca.gov/wildlife- watch. Individuals and groups that are interested in participating in a hazing training program can contact their local Humane Society for a list of upcoming sessions: • Pasadena Humane Society: (626) 792-7151 • Inland Valley Humane Society: (909) 623-9777 • San Gabriel Valley Humane Society: (626) 286-1159 SECTION 5: ENFORCEMENT The act of feeding wildlife can attract coyotes and their prey to an area, leading to an increased likelihood of creating habituated coyotes and increased coyote-human interactions. California law prohibits feeding wildlife and local police departments will strictly enforce applicable state statutes pertaining to this activity. Cities and counties are encouraged to adopt ordinances that further discourage residents from feeding wildlife. Please see Appendix A for a sample draft ordinance from the City of Davis, California. The following are some of the applicable regulations that may be utilized as enforcement tools to discourage coyotes from proliferating in urbanized San Gabriel Valley: CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 251.1. HARASSMENT OF ANIMALS Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass, herd, or drive any game nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but is not limited to, breeding, feeding, or sheltering. LOS ANGELES COUNTY CODE TITLE 10. SECTION 10.84.010. PROVIDING FOOD FOR CERTAIN RODENTS OR PREDATOR ANIMALS PROHIBITED It is unlawful to feed a nondomesticated rodent or nondomesticated mammalian predator as defined in this section, unless: • The person is the owner of the animal and the animal is kept in accordance with the requirements of the State Department of Fish and Wildlife; or • After notifying the responsible agency to pick up the animal, the person provides food to a trapped or injured animal. For purposes of this chapter: 1. "Rodent" includes ground squirrels; 2. "Mammalian predators" include coyotes, raccoons, foxes, and opossums. A violation of this section is a misdemeanor. SECTION 6: SAFETY RESPONSE PLAN A tiered response plan identifies and classifies levels of human and coyote interactions. SGVCOG recommends member agencies to adopt the 5-tier coyote response plan that is showcased below and in Appendix C. COYOTE BEHAVIOR RESPONSE LEVEL RESPONSES Coyote heard or seen moving in public area 1 Sighting report will be reviewed, and if appropriate, a response will be provided by e- mail or phone. The City would direct residents to available resources on normal coyote behavior. Coyote seen resting in public area 1 Sighting report will be reviewed, and if appropriate, a response will be provided by e- mail or phone. The City would direct residents to available resources on normal coyote behavior. Coyote seen resting in public area with humans present 2 The City provides resources for the resident to be educated on hazing techniques and what-to-do tips. Additionally, the City would encourage the respective municipality to work with the local community to eliminate coyote attractants. Coyote entering a yard to a home with or without pets present 2 The City provides information for the household to be educated on coyote attractants, yard audit implementation, human-coyote conflict mitigation, hazing techniques, and/or pet safety information (if applicable). Coyote entering a yard and injuring or killing attended or unattended pet 3 The City gathers information on specific animal involved, report on circumstances, and provide information for the household to be educated on coyote attractants, yard and neighborhood audits, and pet safety information. Coyote biting or injuring an unattended pet/pet on a leash 3 The City gathers information on specific animal involved, report on circumstances, and provide information for the household to be educated on coyote attractants, yard and neighborhood audits, and pet safety information. Coyote following or approaching a person and pet (stalking) 3 The City provides information for the resident to be educated on hazing techniques, what-to-do tips, yard/neighborhood audits, and pet safety information. Additionally, the City will work with the residents to eliminate coyote attractants in the area. Coyote following or approaching a person without a pet (stalking) 4 The City provides information for the resident to be educated on hazing techniques, what-to-do tips, yard/neighborhood audits, and pet safely information. Additionally, the City will work with residents and local groups to eliminate coyote attractants in the area. Coyote biting or injuring a human 5 The City informs the California Department of Fish and Wildlife. Residents will receive educational materials on coyote attractants, yard or neighborhood audits, hazing, and pet safety. Additionally, the City would work with the respective Humane Society, the County of Los Angeles, CDFW, elected officials, and its neighboring cities to send out mailers, partner with external stakeholders to host trainings and workshops, conduct a community meeting/town hall, and encourage the cities in the subregion to work with community groups to eliminate coyote attractants. Cities are encouraged to modify SGVCOG’s response plan to cater to the needs of their own communities; however, the levels of coyote behavior and response actions should be consistent with SGVCOG’s response plan. Appendix C also showcases two other types of tiered response plans that SGVCOG member agencies utilize in their individual coyote management plans as a reference. If a human is attacked and physically injured by a coyote, cities and counties will work with the CDFW, which will be the lead investigating agency to thoroughly investigate the incident, to identify and remove the responsible coyote. As a last resort, lethal removal will also be considered if there is a public safety issue with a coyote threatening residents—only after a thorough investigation and identification of the offending coyote. If there is an immediate public safety issue, such as a coyote threatening residents in an area frequented by people, the local police department will respond. Since coyotes are considered as “non-game wildlife,” any resident or homeowners’ association can, at their own expense, initiate action to protect themselves and their private property from coyote attacks within the limits of the law regarding trapping and hunting. SECTION 7: COYOTE REPORTING SGVCOG encourages residents to report coyote sightings to the University of California Coyote Cacher© at https://ucanr.edu/sites/CoyoteCacher/. This will allow SGVCOG and its member agencies to identify potential trouble areas where coyotes are frequently sighted and allow the member agencies to focus resources where they are needed most. There are several options to choose from and San Gabriel Valley residents are encouraged to use the tool that works best for them. Please keep in mind that these are only coyote reporting tools. Depending on the submission format, residents may receive acknowledgement of their submissions. University of California Coyote Cacher© This tool is accessible by members of the public from a computer or mobile device. It provides a repository for reported coyote activity, real-time alerts to stay abreast of reported activities, and GIS mapping by zip code. Residents may view coyote encounters in the San Gabriel Valley region by visiting https://ucanr.edu/sites/CoyoteCacher/Story_Map/. Residents can also report a coyote encounter to the UC Coyote Cacher through the link on the website or by submitting a request at https://geodata.ucanr.edu/coyoteCacher/form/. State and Local Enforcement Agencies Coyote bites, injured or ill coyotes, or coyotes that pose a threat to the public should be reported to the 9 - 1-1 emergency line. Coyote bites can be extremely hazardous to human health. If a resident has been bitten by a coyote, please direct the injured resident to seek medical attention immediately. A police report may be taken to document the incident. All animal bites to humans are legally reportable in Los Angeles County except for rodent and rabbit bites. For more information, please visit the County of Los Angeles Public Health Department website at http://publichealth.lacounty.gov/vet/biteintro.htm. APPENDIX A: SAMPLE DRAFT ORDINANCE TO PROHIBIT THE FEEDING OF WILDLIFE (City of Davis, California) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DAVIS ADDING ARTICLE 5.05 TO CHAPTER 5 OF THE DAVIS MUNICIPAL CODE TO PROHIBIT THE FEEDING OF CERTAIN WILDLIFE WHEREAS, the City of Davis (“City”) is a city organized under the laws of the State of California, with a duty and interest in protecting the public health, safety and welfare within the City; and WHEREAS, the feeding of wildlife can lead to negative impacts on animals, people and the environment; and WHEREAS, feeding wildlife can lead to aggressive behavior towards humans, which presents health and safety concerns for residents and visitors of the City; and WHEREAS, feeding wildlife can artificially support the growth and carrying capacity of urban wildlife populations, compromising wildlife health and increasing human exposure to and conflict with wildlife; and WHEREAS, feeding wildlife can cause certain species to localize activity in the vicinity of the food source, thus increasing associated negative impacts on property owners and/ or individuals within those neighborhoods; and WHEREAS, Section 251.1 of Title 14 of the California Code of Regulations prohibits the harassment of any game or nongame bird or mammal or furbearing mammal, expressly including intentional acts such as feeding that disrupt the animal’s natural foraging behavior; and WHEREAS, an ordinance prohibiting the intentional and negligent feeding of certain types of wildlife, as defined, and further specifying types of permissible and prohibited conduct regarding interaction with wildlife in the City, is consistent with the City’s long -standing commitment to protect and conserve biological resources and public safety. NOW, THEREFORE, the City Council of the City of Davis does ordain as follows: SECTION 1. Recitals. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. SECTION 2. Amendment. Chapter 5 (“Animals and Fowl”) of the City of Davis Municipal Code is hereby amended to add Article 5.05, to read in full as set forth in the attached Exhibit “A”, incorporated by this reference. SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in the physical change to the environment, directly or indirectly. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 5. Publishing. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published as required by law. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption. INTRODUCED on the ____ day of _____________________, 2018 and PASSED AND ADOPTED by the City Council of the City of Davis on the ____ day of ______________, 2018 by the following vote: EXHIBIT “A” CHAPTER 5, ANIMALS AND FOWL ARTICLE 5.05, FEEDING OF CERTAIN WILDLIFE 5.05.010 Purpose Feeding of wildlife is both detrimental to wildlife health and causes a public health nuisance and safety hazard that negatively impacts public health and welfare. This article is intended to prohibit, with exceptions, the feeding of certain wildlife within the City of Davis so as to protect public and environmental health, safety and welfare, and to prescribe penalties for failure to comply. 5.05.020 Definitions For purposes of this article, the following definitions shall apply: “Feed” means to give, distribute, place, expose, deposit, or scatter any edible material with the intention of feeding, attracting, or enticing wildlife. Feeding does not include baiting in the permitted and legal take or depredation of wildlife in accordance with federal, state and local law. “Person” means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. “Wildlife” means only coyotes, wild turkeys, foxes, skunks, raccoons, opossums, squirrels, ducks, geese, crows, and gulls. 5.05.030 Feeding of Wildlife Prohibited (a) No person shall purposely or knowingly feed wildlife in the City of Davis, on lands either publicly or privately owned. (b) No person shall leave or store any refuse, garbage, pet food, seed or bird seed, fruit, meat, dairy, vegetable, grain or other food in a negligent manner likely to feed wildlife. (c) No person shall fail to take remedial action to cease contact or conflict with wildlife, including to secure or remove outdoor refuse, cooking grills, pet food, backyard bird feeders or any other similar food source or attractant, after being advised by a City of Davis code compliance administrator to undertake such remedial action. 5.05.040 Exceptions The prohibitions in Section 5.05.030 do not apply to: (a) Landscaping, gardening, and/or maintaining vegetable gardens, fruit and nut trees or other plants, so long as such activities are not conducted for the purpose of feeding wildlife as defined in this article. (b) Feeding of birds outdoors on private residential properties using bird feeders, to the extent authorized by law and subject to the following requirements: (1) Bird feeders shall be placed at least five (5) feet above the ground and shall be suspended on a cable or otherwise secured so as to prevent the bird feeders from being easily accessible to other wildlife. (2) The feeding shall not substantially interfere with the rights of surrounding property owners or render other persons insecure in the use of their property. (3) No person shall allow, permit or maintain an accumulation of feces on the property or surrounding properties so as to create a public nuisance. (4) The area below the feeders must be kept clean and free of seed. (5) No person shall knowingly allow or permit bird feeders to become an attractant for rodents or other wildlife other than birds. Notwithstanding this exception, feeding of wild turkeys is expressly prohibited. (c) Any State or local employee or agent authorized to implement a wildlife management program involving baiting, or any other person or business lawfully authorized to bait and trap wildlife pursuant to State law. (d) Any person who is the legal owner or guardian of a wildlife species maintained and confined under a valid license or permit issued by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, and in compliance with all applicable laws. (e) A wildlife rehabilitator, under a valid license or permit issued by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, who is temporarily caring for sick, injured, or orphaned wildlife in compliance with all applicable laws. (f) Any person who feeds trapped, injured, or orphaned wildlife between the times that a wildlife rehabilitator or agency charged with animal control is notified and the animal is picked up. Any person that discovers such trapped, injured, or orphaned wildlife must immediately notify an authorized animal control agency, and no person may intentionally keep such wildlife beyond the time reasonably necessary for animal control services to access and transport the wildlife. (g) Baiting, for the purpose of trapping, feral cats as part of a Yolo SPCA approved Trap- Neuter-Release program. (h) Any property owner baiting, for the purpose of trapping, wildlife on their property authorized by and in accordance with State law, including but not limited to trapping gophers, house mice, moles, rats, and voles pursuant to Fish and Game Code section 4005(f); taking of certain mammals found injuring crops or property pursuant to Fish and Game Code section 4152; taking of certain nongame birds and mammals such as weasels, skunks, opossum, moles and rodents pursuant to 14 CCR § 472; or as otherwise permitted and authorized by State law. 5.05.050 Enforcement In addition to all other available remedies at law, this article may be enforceable through the use of the administrative citation procedures set forth in Davis Municipal Code Chapter 1, Article 1.02. APPENDIX B: LIST OF SGVCOG MEMBER AGENCIES’ COYOTE MANAGEMENT PLANS • City of Arcadia: Coyote Management Plan o https://www.arcadiaca.gov/home/showdocument?id=10024 • City of Montebello: Coyote Coexistence Plan o http://www.projectcoyote.org/wp-content/uploads/2017/07/Montebello_Coexistence_Plan_lo_res.pdf • City of Rosemead: Coyote Management Plan o http://www.cityofrosemead.org/UserFiles/Servers/Server_10034989/File/Gov/City%20Departments/Public% 20Safety/Animal%20Control/Coyote%20Information/Coyote.pdf • City of San Gabriel: Coyote Management Plan o http://www.sangabrielcity.com/DocumentCenter/View/7844/Coyote-Management-Plan?bidId= • City of West Covina: Coyote Management Plan o https://www.westcovina.org/Home/ShowDocument?id=14526 APPENDIX C: COYOTE SAFETY RESPONSE PLAN TEMPLATES This showcases the SGVCOG’s recommended five-tier coyote response plan. As mentioned previously, cities are encouraged to modify SGVCOG’s response plan to cater to the needs of their own communities; however, the levels of coyote behavior and response actions should be consistent with SGVCOG’s response plan. COYOTE BEHAVIOR RESPONSE LEVEL RESPONSES Coyote heard or seen moving in public area 1 Sighting report will be reviewed, and if appropriate, a response will be provided by e- mail or phone. The City would direct residents to available resources on normal coyote behavior. Coyote seen resting in public area 1 Sighting report will be reviewed, and if appropriate, a response will be provided by e- mail or phone. The City would direct residents to available resources on normal coyote behavior. Coyote seen resting in public area with humans present 2 The City provides resources for the resident to be educated on hazing techniques and what-to-do tips. Additionally, the City would encourage the respective municipality to work with the local community to eliminate coyote attractants. Coyote entering a yard to a home with or without pets present 2 The City provides information for the household to be educated on coyote attractants, yard audit implementation, human-coyote conflict mitigation, hazing techniques, and/or pet safety information (if applicable). Coyote entering a yard and injuring or killing attended or unattended pet 3 The City gathers information on specific animal involved, report on circumstances, and provide information for the household to be educated on coyote attractants, yard and neighborhood audits, and pet safety information. Coyote biting or injuring an unattended pet/pet on a leash 3 The City gathers information on specific animal involved, report on circumstances, and provide information for the household to be educated on coyote attractants, yard and neighborhood audits, and pet safety information. Coyote following or approaching a person and pet (stalking) 3 The City provides information for the resident to be educated on hazing techniques, what-to-do tips, yard/neighborhood audits, and pet safety information. Additionally, the City will work with the residents to eliminate coyote attractants in the area. Coyote following or approaching a person without a pet (stalking) 4 The City provides information for the resident to be educated on hazing techniques, what-to-do tips, yard/neighborhood audits, and pet safely information. Additionally, the City will work with residents and local groups to eliminate coyote attractants in the area. Coyote biting or injuring a human 5 The City informs the California Department of Fish and Wildlife. Residents will receive educational materials on coyote attractants, yard or neighborhood audits, hazing, and pet safety. Additionally, the City would work with the respective Humane Society, the County of Los Angeles, CDFW, elected officials, and its neighboring cities to send out mailers, partner with external stakeholders to host trainings and workshops, conduct a community meeting/town hall, and encourage the cities in the subregion to work with community groups to eliminate coyote attractants. Other tiered coyote response systems that cities can consider are listed on the following pages as a reference. City of West Covina’s Four-tier Colored Coyote Response System City of San Gabriel’s Adopted Coyote Behavior Classification Response System APPENDIX D: EFFECTIVE COYOTE HAZING STRATEGIES Human behavior can shape animal behavior, in either a negative or positive manner. Residents living in close proximity to coyotes can remove coyote attractants, identify potentially dangerous situations for their pets and themselves, and respond in a manner designed to change coyote behavior. Successful hazing requires community involvement, understanding, and support. Residents should be equipped with tools and knowledge to respond consistently in their own neighborhoods, parks, and open spaces. Hazing should only take place in open spaces if residents are confirmed with an aggressive coyote. ● Hazing is a process whereby individuals make a coyote uncomfortable and choose to leave a situation where their presence is unwanted. ● Basic hazing consists of residents standing their ground, never ignoring or turning their backs to a coyote, and yelling and making unpleasant and frightening noises until the animal chooses to leave. ● More aggressive hazing consists of approaching an animal quickly and aggressively, waving arms, throwing projectiles in the direction of (but not at) the coyote, and spraying with a hose or water gun, all of which are used for creating fear of humans to encourage the animal to leave the vicinity. ● Once the act of hazing began, it must continue until the animal leaves the vicinity. Otherwise, the coyote will learn to wait until the person gives up. Not following through with hazing will create an animal more resistant to hazing instead of reinforcing the image that humans should be avoided. ● Hazing should never injure the animal. An injured animal becomes less predictable versus a normal, healthy one who responds in a consistent and predictable manner to hazing. ● Hazing should allow the coyote to return to its normal habitat in a direction that would minimize harm to the animal. Hazing the animal in the direction of other houses and busy streets should be avoided. ● Hazing uses a variety of different hazing tools. This is critical as coyotes can become accustomed to individual items and sounds. ○ Noisemaker: Voice, whistles, air horns, bells, “shaker” cans, pots, pie pans ○ Projectiles: Sticks, small rocks, cans, tennis balls, rubber balls ○ Deterrents: Hoses, spray bottles with vinegar, pepper spray, bear repellent, walking sticks A common concern with hazing involves potential danger to the hazer. A coyote’s basic nature is very skittish and the nature of the species is what makes this technique successful. A normal, healthy coyote will not escalate a situation with an aggressive person. Hazing is not successful with every species of wild animal because different types of animals have different traits. It is requested that residents submit a report to the local police department or city government each time they haze a coyote. Reports are most helpful when the following information is included: ● Date, location, time of day, number of coyotes ● Initial coyote behavior, hazing behavior, coyote response ● Effectiveness ratings – i.e. was the method used successful or not ● Tools and techniques used ● Additional details/comments GENERAL CONSIDERATIONS FOR HAZING COYOTES: 1. Levels of hazing need to be appropriately relevant to the coyote activity. a. Coyotes are best left alone. Residents are encouraged to ignore coyotes if the coyotes ignore them. As with any wild animal, maintaining personal safety should be the primary goal. b. Coyotes are often out late at night when few humans are present. This is a normal and acceptable coyote behavior. Hazing may not be necessary in this situation. Exceptions: In early stages of hazing, programs should still engage animals. Coyotes that associate danger in the presence of humans under all circumstances will be reinforced to avoid contact. 2. Hazing must be more exaggerated, aggressive, and consistent when first beginning a program of hazing. As coyotes “learn” appropriate responses to hazing, it will take less effort from hazers. Early in the process, it is extremely common for coyotes not to respond to hazing techniques. Without a history of hazing, they do not have the relevant context to respond in the desired outcome, which is for them to leave the vicinity. 3. Techniques and tools can be used in the same manner for one or multiple coyotes. Usually there is a dominant coyote in a group who will respond - others will follow its lead. Residents should not ignore, turn their backs, or avoid hazing because there are multiple coyotes instead of a single individual coyote. 4. The more often an individual coyote is hazed by a variety of tools and techniques and a variety of residents, the more effective hazing will be in changing that animal’s future behavior. 5. Hazing must be directly associated with the person involved in the hazing actions. The coyote must be aware of where the potential threat is coming from and identifies the person. 6. Coyotes can and do recognize individual residents and animals in their territories. They can learn to avoid or harass specific individuals in response to behavior of the person and/or pet. 7. Coyotes can be routine in their habits. Identifying their normal habits can help target which habits to change. For example, the coyote patrols the same bike path at the same time in the morning three to five days a week. Hazers should concentrate on that time and place to encourage the animal to adapt its routine to decrease contact with residents. 8. Certain levels of hazing must always be maintained so that future generations of coyotes do not learn or return to unacceptable habits related to habituation to residents. 9. Human behavior must change to support hazing and continued identification and, if necessary, remove possible attractants. 10. Education about exclusion techniques including how to identify and remove attractants, personal responsibility in pet safety, and having reasonable expectations are critical parts of a coyote hazing plan. 11. Coyotes are skittish by nature. Habituated behavior is learned and reinforced by human behavior. As a rule, coyotes do not act aggressively towards aggressive people. The one exception is a sick or injured animal. Engaging a sick or injured animal can result in unpredictable behavior. If this is suspected, residents should not engage and instead remove themselves from the situation, then immediately contact the local police department. 12. Individuals involved in hazing need to be trained in explaining hazing to residents who witness the process. They also need to explain the difference between hazing and harassment of wildlife and goals of appropriate behavior for coexistence. APPENDIX E: YARD AUDIT CHECKLIST No Action Required Adjustments Required Recommended Action FOOD Never intentionally feed a coyote. Pet Food Never feed pets outdoors; store all pet food securely indoors. Water Sources Remove water attractants, such as pet water bowls. Bird Feeders Remove bird feeders or clean fallen seed to reduce the presence of small mammals that coyotes prefer to eat. Fallen Fruit Clean up fallen fruits around trees. Compost Do not include meat or dairy among compost contents unless the area is fully enclosed. BBQ Grills Clean up food around BBQ grills after each use. Trash Secure trash containers with locking lids and place curbside on pickup day. Periodically clean cans to reduce residual odors. LANDSCAPING Trim vegetation to reduce hiding places for rodents and coyotes and potential denning sites. STRUCTURES Restrict access under decks and sheds, around wood piles, or any other structure that can provide cover or denning sites for coyotes or their prey. FENCING* Enclose property with six-foot fence with additional extension or roller top to deter coyotes. Ensure that there are no gaps and that the bottom of the fence extends underground six inches or is fitted with a mesh apron to deter coyotes from digging underneath. *Must comply with local municipal code PETS Never leave pets unattended outside. Never allow pets to “play” with coyotes. Fully enclose outdoor pet kennels. Walk pets on a leash no longer than 6 feet in length. MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF XXX FOR PARTICIPATION OF COYOTE MANAGEMENT IMPLEMENTATION PLAN This Memorandum of Agreement (“MOA” or “Agreement”) is made as of XXX, 2019 by and between the City of XXX, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS: A.SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies. B.City seeks to participate in a Coyote Management Implementation Plan that was developed by the SGVCOG Coyote Management Task Force. C.Under the Coyote Management Implementation Plan, SGVCOG would serve as an entity to provide informational coyote public outreach and education efforts, promote effective human-coyote conflict mitigation strategies, and support a robust wildlife reporting and response mechanism on behalf of City. D.City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA. NOW, THEREFORE, the Parties agree as follows: I.TERM: The term of this MOA shall commence on November 1, 2019 by the Parties and shall continue through October 31, 2021. The term of this MOA may be extended by mutual written agreement of the Parties. II.RESPONSIBILTIES OF THE PARTIES: A.SGVCOG. SGVCOG will: 1.Coordinate and implement coyote town halls and community meetings. 2.Coordinate and host coyote management workshops and conflict trainings. 3.Conduct youth outreach and education programs for local schools. 4.Coordinate to send mailers to neighborhoods with high numbers of human- coyote encounters and incidents. 5.Manage a website or webpage that contains important and helpful information for residents and businesses regarding coyotes. 6.Maintain an online regional coyote incident reporting system for residents Attachment 2 of City. 7. Develop and maintain a regional coyote reporting hotline. 8. Coordinate with the California Department of Fish and Wildlife, the County of Los Angeles, and other relevant external stakeholders on regional coyote management efforts. 9. Provide electronic files of coyote marketing and outreach materials. 10. Manage all invoicing and billing. 11. Submit two invoices to the City, a total of $20,000 over the span of two consecutive years as follows: 13.1 The payment of the first invoice will be due within thirty (30) days upon execution of the agreement for fifty percent (50%), which is $10,000, of the total amount. 14.1 The second and final invoice for the remaining amount will be submitted on July 1, 2020 for a total of $10,000. B. City. City will: 1. Participate in coordination calls and meetings with all parties throughout the implementation of the Coyote Management Implementation Plan. 2. Provide a point-of-contact with the name, title, and contact information of the individual. If the point-of-contact is reassigned or no longer with the City, a new point-of-contact must be designated within five (5) business days. 3. Assist with the coordination of coyote town halls, community meetings, coyote management workshops, conflict trainings, mailers, social media outreach, and youth outreach and education programs. 4. Provide municipal meeting space or venue for events and activities related to this MOA and other events related to the Coyote Management Implementation Plan. 5. Pay all invoices submitted by SGVCOG within thirty (30) days. III. PROJECT MANAGEMENT: A. Project Managers. 1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Alexander Fung, Management Analyst. 2. For the purposes of this MOA, the City designates the following individual as its Project Manager: (name) Either party may change the designations set forth herein upon written notice to the Other Party. IV. DEFAULT; REMEDIES: A. Default. A “Default” under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily. B. Remedies. In the event of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default. In the event that the defaulting Party fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately. The remedies described herein are non-exclusive. In the event of a Default by City, the SGVCOG shall have the right to seek any and all remedies available at law or in equity. V. TERMINATION: A. This MOA may be terminated by either Party at any time, with or without cause, by providing written notice of termination to the other Party. Such termination will be effective thirty (30) days after such notice is received. B. If City terminates this MOA prior to the completion of the Coyote Management Implementation Plan, SGVCOG will invoice City for any costs incurred that exceed the amount initially included in the initial invoice. Total billable cost shall not exceed the total project budget. VI. INDEMNIFICATION: A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its elected and appointed boards, officials, officers, agents, employees, members, and volunteers, at City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its elected and appointed boards, officials, officers, agents, employee members, and volunteers arising out of or relating to the acts or omissions of City in connection with this Agreement. B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its elected officials, officers, agents, employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its elected officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this Agreement. VII. INSURANCE: A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City’s or SGVCOG’s performance of its obligations hereunder. VIII. OTHER TERMS AND CONDITIONS: A. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows: To SGVCOG: Alexander Fung Management Analyst 1000 S. Fremont Avenue, Unit 42 Building A-10N, Suite 10-210 Alhambra, CA 91803 (626) 457-1800 kward@sgvcog.org with a copy to: Marisa Creter Executive Director 1000 S. Fremont Avenue, Unit 42 Building A-10N, Suite 10-210 Alhambra, CA 91803 (626) 457-1800 mcreter@sgvcog.org To City: Name Title Address Phone Number E-mail Address with a copy to: Name Title Address Phone Number E-mail Address B. No Partnership. This Agreement is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the Agreement, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party. C. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. D. Governing Law. This Agreement shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. E. Attorneys’ Fees. In the event that there is any litigation or other legal proceeding between the Parties in connection with this Agreement, each party shall bear its own costs and expenses, including attorneys’ fees. F. Excusable Delays. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement. G. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. H. Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. I. Assignment. Neither party may assign its interest in this Agreement, or any part thereof, without the prior written consent of the other party. Any assignment without consent shall be void and unenforceable. J. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. K. Authority to Execute. The person executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties, and that by doing so the Parties are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. FOR THE CITY OF XXX By:___________________________ XXX City Manager Date:__________________________ ATTEST: ______________________________ City Clerk APPROVED AS TO FORM: _______________________________ XXX City Attorney FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: ____________________________ Marisa Creter Executive Director Date:___________________________ ATTEST: _______________________________ Marisa Creter, Secretary APPROVED AS TO FORM: ________________________________ General Counsel