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HomeMy WebLinkAboutE-14 Staff Report - Neighborhood Coyote Program Amendment No. 2Neighborhood Coyote Management Program MOA Amendment No. 2 September 18, 2023 Page 1 CONSENT ITEM E-14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: NICO DE ANDA-SCAIA, DEPUTY CITY MANAGER DATE: SEPTEMBER 18, 2023 SUBJECT: AMENDMENT No. 2 TO MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR CONTINUED PARTICIPATION IN THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE MANAGEMENT PROGRAM. BACKGROUND: In November 2019, the City of Azusa entered into a Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments (SGVCOG) for coyote management services and implementation of a regional San Gabriel Valley Coyote Management Implementation Plan. Under this arrangement, the SGVCOG serves as the umbrella organization that is responsible for providing public outreach and education, promoting effective human-coyote conflict mitigation strategies, and supporting a robust wildlife reporting and response mechanism on behalf of participating cities. The SGVCOG currently provides Neighborhood Coyote Program services to the cities of Azusa, Alhambra, Arcadia, Covina, Glendora, Irwindale, Montebello, Rosemead, and San Marino. In July 2021, the City extended the term of the MOA with the SGVCOG through November 30, 2023 with Amendment No. 1 to this Agreement. Prior to and in anticipation of the expiration of the current MOA, both parties seek to once again renew and extend the Agreement with a revised term commencing on December 1, 2023 and continuing through June 30, 2025. The MOA’s revised dates seek to create administrative and accounting efficiencies by aligning future contract terms with a city’s standard fiscal year. Additionally, due to the SGVCOG’s rising costs to administer the Program over the past four years, the proposed term extension would include a 6% cost increase to the City of Azusa, which reflects the increase in CPI for the LA county region over the past year. Approved City Council September 18, 2023 Neighborhood Coyote Management Program MOA Amendment No. 2 September 18, 2023 Page 2 The total cost to the City for coyote management services would amount to $10,600 annually (up from $10,000), and either party may terminate the Agreement with a 30-day advance notice. At the conclusion of the new term, the Agreement may be further extended with mutual written consent of both parties. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Approve, and authorize the City Manager to execute subject to City Attorney approval as to form, Amendment No. 2 to the Memorandum of Agreement between the San Gabriel Valley Council of Governments and the City of Azusa for continued participation in the San Gabriel Valley Neighborhood Coyote Program. ANALYSIS: As the region’s surrounding foothills become urbanized, wildlife encounters between residents and coyotes have become more prevalent. In response to growing concerns and needs of local communities, a Coyote Management Task Force was formed by the San Gabriel Valley Council of Governments (SGVCOG) in coordination with local cities, legislators, the California Department of Fish and Wildlife, the County of Los Angeles, the University of California, and various other external stakeholders. Through these efforts, a comprehensive framework was developed in 2019 to deliver coyote management services, information and resources to the San Gabriel Valley region. The Coyote Management Implementation Plan (CMIP), now referred to as the San Gabriel Valley Neighborhood Coyote Program, was created as a model for providing regional coyote management services through the SGVCOG on behalf of participating member cities. Through an established Memorandum of Agreement, and since September 2019, the City of Azusa has been able to effectively provide coyote-related management services, information and resources to its residents through this partnership. Currently, eight other local municipalities subscribe to services through this program. They include the cities of Alhambra, Arcadia, Covina, Glendora, Irwindale, Montebello, Rosemead, and San Marino. Under this arrangement, the SGVCOG serves as the umbrella organization that is responsible for providing public outreach and education, promoting effective human-coyote conflict mitigation strategies, and supporting a robust wildlife reporting and response mechanism on behalf of participating cities. In its capacity, the SGVCOG also serves as a regional voice that communicates and partners with relevant stakeholders with the goal of reducing human conflicts with coyotes in the community. Neighborhood Coyote Management Program MOA Amendment No. 2 September 18, 2023 Page 3 Programs and services offered to the cities under this program are as follows: • Guidance and Recommendations to the City on Coyote Issues and Public Education Efforts; • Community Meetings and Training Workshops; • Youth Outreach and Education Programs; • Mailers and Social Media Outreach; • Website Resources and Materials; • Online Coyote Incident Reporting System; • Designated SGVCOG Program Staff and Coyote Reporting Hotline; • Incident Follow-up and Coordination with Local/County/State Agencies; • Providing Cities with Monthly Reports on Coyote Sightings and Interactions; 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. The existing Memorandum of Agreement (MOA) between the City of Azusa and the SGVCOG for implementation of the Coyote Management Implementation Plan/Neighborhood Coyote Program is set to expire on November 30, 2023. These services have been a valued resource for the City and its residents over the past two years, and therefore staff is recommending that the City Council approve a second Amendment to this Agreement (Attachment 1) thereby extending participation in the San Gabriel Valley Neighborhood Coyote Program. FISCAL IMPACT: Current program costs of $10,000 annually are included in the Neighborhood Services Division budget for FY2023-24 and FY2024-25 under Operational Program Expenses Account #6625. Upon Council approval of the Amendment to the MOA, staff will increase the budget for this program by $600 each year of the extended term to Neighborhood Services Account #10-10- 130-000-6625. Prepared by: Reviewed and Approved: Nico De Anda-Scaia Sergio Gonzalez Deputy City Manager City Manager Neighborhood Coyote Management Program MOA Amendment No. 2 September 18, 2023 Page 4 Attachments: 1) Amendment No. 2 to Memorandum of Agreement 2) Memorandum of Agreement - San Gabriel Valley Neighborhood Coyote Program 3) Neighborhood Coyote Program Services 2022-23 Recap CITY OF AZUSA AMENDMENT NO. 2 TO MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF AZUSA FOR PARTICIPATION OF THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM This Amendment No. 2 (“Amendment”) dated September 18, 2023 to the Memorandum of Agreement Between the San Gabriel Valley Council of Governments (the “SGVCOG”) and the City of Azusa (the “City”) for Participation in the San Gabriel Valley Neighborhood Coyote Program (the “MOA”) shall be effective as of December 1, 2023 (“Effective Date”). RECITALS A. The SGVCOG and City entered into the MOA dated as of November 1, 2019, which is incorporated herein by this reference, to participate in the San Gabriel Valley Neighborhood Coyote Program; and B. The SGVCOG and City entered into Amendment No. 1 to the MOA dated July 21, 2021 (Amendment No. 1), which is incorporated herein by this reference; and C.The SGVCOG and the City desire to further amend the MOA to reflect an increase in costs in administering the Neighborhood Coyote Program as measured by the consumer price index for the Los Angeles-Long Beach-Anaheim area during the 12-month period from November 2023 to November 2024 and to further amend the MOA as provided herein. NOW THEREFORE,the Parties agree to further amend the MOA as follows: I.Defined Terms.Except as otherwise defined herein, all capitalized terms used herein shall have the same meanings set forth for such terms in the MOA and Amendment No. 1. II.Article I. Term.The Term of the MOA, as amended by Amendment No. 1, shall be amended to extend the MOA term from the Effective Date set forth above up to and including June 30, 2025. III.Article II. Responsibilities of the Parties.Section A., Subsection 10, shall be amended as follows: 1770250.1 1 Attachment 1 (a)The SGVCOG shall invoice the City for its share of the cost of the Neighborhood Coyote Program for fiscal year 2023-2024 (November 30,2023-June 30,2024) in the prorated amount of Six Thousand,One hundred and Eighty Three Dollars ($6,183)[($10,600/12)*7]The SGVCOG may invoice the City for this amount as of the Effective Date.Payment of the invoice will be due within forty-five (45) days after City’s receipt of the invoice. (b)The SGVCOG shall invoice the City its share of the cost of the Neighborhood Coyote Program for the 2024-2025 fiscal year in the amount of Ten Thousand and Six Hundred Dollars ($10,600).The SGVCOG may invoice the City for this amount as of the Effective Date.Payment of the invoice will be due within forty-five (45)days after City’s receipt of the invoice. IV.Article II.Responsibilities of the Parties.Section B.,Subsection 1.shall be deleted in its entirety and replaced with the following: 1.Participate in the coordination calls and meetings with the SGVCOG and all municipalities that have entered into a Memorandum of Agreement as needed with the SGVCOG for the Neighborhood Coyote Program for the Amended Term and as it may be extended upon agreement by the Parties. V.Article III.Project Management.Section A.,shall be deleted in its entirety and replaced with the following: A.Project Managers 1.For the purposes of this MOA,the SGVCOG designates the following individuals as its Project Managers:Nicholas Ryu,Manager of Sustainability and Paulina Mejia,pmejia@sgvcog.org. 2.For the purposes of this MOA,the City designates the following individual as its Project Manager:Nico De Anda-Scaia,Deputy City Manager. Either Party may change the designations set forth herein upon written notice to the other party. VI.Article VIII.Other Terms and Conditions.Section A.shall be deleted in its entirety and replaced with the following: A.Notices:All notices required or permitted to be given under this MOA shall be in writing and shall be personally delivered,or sent by electronic mail to certified mail, postage prepaid and return receipt requested,addressed as follows: 1770250.1 2 To SGVCOG:Paulina Mejia Management Analyst 1333 S.Mayflower Ave,Suite 360 Monrovia,CA 91016 pmejia@sgvcog.org with a copy to:Marisa Creter Executive Director 1333 S.Mayflower Ave,Suite 360 Monrovia,CA 91016 (626)457-1800 mcreter@sgvcog.org To City:Sergio Gonzalez City Manger 213 E.Foothill Boulevard Azusa,CA 91702 (626)812-5238 sergio.gonzalez@azusaca.org with a copy to:Jeffrey Cornejo City Clerk 213 E.Foothill Boulevard Azusa,CA 91702 (626)812-5229 jcornejo@azusaca.gov VII.Integration.This Amendment amends,as set forth herein,the MOA and Amendment No.1 and except as specifically amended hereby the MOA and Amendment No.1 shall constitute all the terms and conditions agreed to by the Parties.To the extent there is any conflict between this Amendment and the MOA and Amendment No.1,the terms and provisions of this Amendment shall control.This Amendment,the MOA and Amendment No.1,including any exhibits attached to any of the foregoing documents, integrate all the terms and conditions of the Parties’agreement and supersede all negotiations with respect hereto. The Parties hereby enter into this Amendment upon the Effective Date. 1770250.1 3 [Signatures on Next Page] 1770250.1 4 FOR THE CITY OF AZUSA FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By:_________________________________By:_________________________________ Sergio Gonzalez Marisa Creter City Manager Executive Director Date:________________________________Date:_______________________________ ATTEST:APPROVED AS TO FORM: ________________________________________________________________________ Jeffrey Cornejo David DeBerry City Clerk SGVCOG General Counsel APPROVED AS TO FORM: ____________________________________ Marco A.Martinez City Attorney 1770250.1 5 1506398.1 1 AMENDMENT NO. 1 TO MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF AZUSA FOR PARTICIPATION IN THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM This Amendment No. 1 (“Amendment”) to the Memorandum of Agreement Between the San Gabriel Valley Council of Governments (the “SGVCOG”) and the City of Azusa (the “City”) For Participation in the San Gabriel Valley Neighborhood Coyote Program, dated July 19, 2021 (the “MOA”) shall be effective upon the date executed by both Parties hereto (“Effective Date”). RECITALS A. SGVCOG and City entered into the MOA to participate in the San Gabriel Valley Coyote Management Implementation Plan; and B. SGVCOG has changed the name from Coyote Management Implementation Plan to Neighborhood Coyote Program; and C. SGVCOG and City desire to enter into this Amendment to reflect the name change and to make other changes to the MOA as are set forth herein. NOW THEREFORE, the Parties agree to amend the Agreement as follows: I.Wherever in the Memorandum of Agreement the term “Coyote Management Implementation Plan” appears, such term shall be replaced with Neighborhood Coyote Program. II.Article I. Term, shall be deleted in its entirety and replaced with the following: The term of this MOA shall commence on November 1, 2021 and shall continue through November 30, 2023. SGVCOG’s Executive Director shall have the option to extend this Agreement with mutual written agreement of both parties, subject to the same terms and conditions contained herein. III.Article II. Responsibilities of the Parties, Section A. Subsection 10, shall be deleted in its entirety and replaced with the following: 10.The SGVCOG shall invoice the City for their share in the cost of the San Gabriel Valley Neighborhood Coyote Program. The total invoice amount shall not exceed Ten Thousand Dollars ($10,000) annually. DocuSign Envelope ID: 1F879487-92C2-40A1-BFDA-C17374418C92 Attachment 2 1506398.1 2 (a) Initial Payment Amount. The City shall pay no more than Ten Thousand Dollars ($10,000) for the initial payment for the 2021 – 2022 fiscal year. The initial invoice will be sent upon execution of this MOA and due on July 1st, 2021. (b) Annual Payment Amount. For each subsequent fiscal year, commencing with the 2022 – 2023 fiscal year, the City shall pay no more than Ten Thousand Dollars ($10,000) annually on a fiscal year (July 1st to June 30th) basis to the SGVCOG for participation in the San Gabriel Valley Neighborhood Coyote Program. IV. Article II. Responsibilities of the Parties, Section B., Subsection 1., shall be deleted in its entirety and replaced with the following: 1. Participate in coordination calls and meetings with the SGVCOG and all municipalities that have entered into a Memorandum of Agreement with the SGVCOG for the Neighborhood Coyote Program for the November 1, 2021 through November 30, 2023 term. V. Article III. Project Management, Section A, shall be deleted in its entirety and replaced with the following: A. Project Managers 1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Samuel Pedersen, Management Analyst. 2. For the purposes of this MOA, the City designates the following individual as its Project Manager: Nico De Anda-Scaia (City staff). Either Party may change the designations set forth herein upon written notice to the other Party. VI. Article VIII. Other Terms and Conditions, Section A, shall be deleted in its entirety and replaced with the following: A. Notices: All notice 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: Samuel Pedersen Management Analyst 1000 S. Fremont Ave, Unit 42 Building A-10N, Suite 10-210 Alhambra, CA 91803 DocuSign Envelope ID: 1F879487-92C2-40A1-BFDA-C17374418C92 1506398.1 3 (626) 214-8508 spedersen@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: Sergio Gonzalez City Manager 213 E. Foothill Boulevard Azusa, CA 91702 (626) 812-5238 sergio.gonzalez@azusaca.gov with a copy to: Jeffrey Cornejo City Clerk 213 E. Foothill Boulevard Azusa, CA 91702 (626) 812-5229 jcornejo@azusaca.gov Integration. This Amendment amends, as set forth herein, the MOA and except as specifically amended hereby the MOA shall remain in full force and effect. To the extent there is any conflict between this Amendment and the MOA, the terms and provisions of this Amendment shall control. This Amendment and the MOA, including any exhibits attached to the MOA, integrate all the terms and conditions of the Parties’ agreement and supersede all negotiations with respect hereto. The Parties hereby enter into this Amendment No. 1 upon the Effective Date as is set forth above. [Signatures on Next Page] DocuSign Envelope ID: 1F879487-92C2-40A1-BFDA-C17374418C92 1506398.1 4 FOR THE CITY OF AZUSA By: Sergio Gonzalez City Manager Date: ATTEST: Jeffrey Cornejo City Clerk APPROVED AS TO FORM: Marco A. Martinez City Attorney FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: Marisa Creter Executive Director Date: APPROVED AS TO FORM: David DeBerry SGVCOG General Counsel DocuSign Envelope ID: 1F879487-92C2-40A1-BFDA-C17374418C92 07/21/2021 07/21/2021 35 CITY OF AZUSA June 2022-23 Recap NEIGHBORHOOD COYOTE PROGRAM LEVEL 3 Coyote entered yard and injured or killed unattended or attended pets; Coyote bit or injured an unattended pet/pet on a leash; Coyote aggressively followed or approached you with your pet LEVEL 2 Coyote seen resting in public area with humans present; Coyote entered yard or home with or without pets present LEVEL 1 Coyote heard and/or seen; Coyote resting in public space51% 37% 11% Total Coyotes sighted 58 Total Number of Reports