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02-06-2007 - (3)City of West Covina Memorandum TO: Andrew G. Pasmant, City Manager AGENDA and City Council ITEM NO. G-1 DATE: February 6, 2007 FROM: Michele L. McNeill, Community Services Director SUBJECT: GENDER EQUITY POLICIES AND PROCEDURES; GENDER EQUITY DATA COLLECTION PLAN;. AND GENDER EQUITY GRIEVANCE PROCEDURES FOR RESOLVING YOUTH ALTHLETIC COMPLAINTS ALLEGING DISCRIMINATION ON THE BASIS OF SEX RECOMMENDATION: Staff recommends that the City Council accept the recommendation of the Community Services Commission to: 1. Approve the Gender Equity Policies and Procedures for immediate implementation. 2. Approve the Gender Equity Data Collection Plan. 3. Approve the Gender Equity Grievance Procedures as it relates to youth athletics in the City of West Covina. DISCUSSION: AB 2404 (Chapter 852, Statutes of 2004, Steinberg) was signed by Governor Schwarzenegger in September of 2004. The purpose of the bill is to engage all youth in the participation and access to youth athletics, with an emphasis on ensuring that girls have the same level of support, resources, and field use that boys do. In an effort to comply with this legislation, staff has created language pertaining to gender equity that communicates the City's position on this matter. The following reports have been attached for consideration: Attachment #1: Gender Equity Policies & Procedures Attachment #2: Gender Equity Data Collection Plan Attachment #3: Gender Equity Grievance Procedures ALTERNATIVES: 1. Adopt the Gender Equity Policies and Procedures; the Gender Equity Grievance Procedures; and the Gender Equity Data Collection Plan. 2. Provide alternate direction. FISCAL IMPACT: There is no fiscal impact. COMMUNITY SERVICES COMMISSION DISCUSSION AND RECOMMENDATION: On January 9, 2007 the Community Services Commission reviewed and discussed a number of items related to AB 2404 Compliance. One of the discussions involved staff notifying the Commission that the Community Services Director for the. City of West Covina has been appointed as the AB 2404 Compliance Coordinator (for more detailed information refer to attachment #4). After completing their deliberations regarding all Gender Equity agenda items, the Commission made the following decisions: • By a vote of 10-0, the Commission recommended approval of the Gender Equity Policies and procedures. Gender Equity Policies and Procedures 2 February 6, 2007 • By a vote of 10-0 the Commission recommended approval of the Gender Equity Grievance Procedures with the amendment that the policy reflect the following language: Nothing in the procedure. shall restrict the right to file a complaint with any state or federal agency responsible for the enforcement of anti -discrimination legislation. • By a vote of 10-0 the Commission recommended the approval of the Gender Equity Data Collection Plan. • After discussions regarding the procedure for regularly notifying employees and involved personnel that they cannot discriminate on the basis of sex in youth athletic activities or programs they operate, the Commission asked that the item be tabled until the February 2007 meeting, in order to perform further research regarding annual anti -discrimination training requirements. Prepared by: ,�ichele L. McNeill Community Services Director Attachment 1- Gender Equity Policies & Procedures Attachment 2 - Gender Equity Data Collection Plan Attachment 3 - Gender Equity Grievance Procedures Attachment 4 - Minutes of the January 9, 2007 Community Services Commission Meeting City of West Covina Memorandum AGENDA ITEM NO. DATE: February 6, 2007 ATTACHMENT#1 Gender Equity Policies and Procedures POLICIES It is the policy of the Community Services Department to achieve gender equity in youth sports programs that are operated on City -owned land and within City facilities. It is the Department's hope that all youth may aspire to and have the opportunity to participate in City sports programs that meet their interests and capabilities. In adoption of this policy, the City calls for full cooperation of Community Services Department employees in carrying out their program responsibilities to make equal opportunity one of the basic principals of youth sports in the City of West Covina. It is the policy of the Community Services Department to: • Encourage the participation of youth in sports and recreation programs and to provide opportunities to youth for recreation. • Ensure the Department is equitable in its distribution of resources for all youth. • Ensure regular monitoring of youth sports participation rates by gender, for West Covina residents. • 'Utilize monitoring `results in order to define priorities for program expansion to address under -representation in sports programs where one gender or another is not adequately represented. The purpose of the Department's gender equity plan is to: • Have a gender equitable representation in sports and recreation programs by monitoring and addressing participation. • Ensure the Department is equitable in its distribution of resources for all youth sports. PROCEDURES Procedures for addressing gender equitable opportunities and ensuring a climate of anti- discrimination in all youth sports programs are stated in the Gender Equity Grievance Procedures and identified in the Gender Equity Data Collection Plan. r City of West Covina Memorandum AGENDA ITEM NO. DATE: February 6, 2007 ATTACHMENT #2 Gender Equity Grievance Procedures for Resolving Youth Athletic Complaints Alleging Discrimination on the Basis of Sex. The City of West Covina will maintain gender equitable opportunities for youth who participate in West Covina sports programs and recreational activities. In the event that an inequitable situation is discovered or believed to be happening, the City provides five methods to file a grievance regarding discrimination of youth athletes or youth athletic programs on the basis of sex, sexual orientation, race, nationality, ethnic origin, color, religion or disability. 1- Contact Michele McNeill, the City's Anti -Discrimination Coordinator and AB 2404 Compliance Coordinator at (626) 939-8431, and communicate any concerns. The. issue(s) will be investigated and reviewed for further action, which may include the City Manager, the City Council, the Community Services Commission, the Sports Council or any other advisory, body with oversight related to the area of concern. 2. Attend a City Council meeting, and voice any concerns during oral communications. After doing so: • City Council may then direct staff to allocate appropriate recourses to investigate, and/or correct the problem. • City Council may agendize the item at an upcoming meeting for further follow up and discussion. 3. Attend a Sports Council meeting, and voice any concerns during oral communications. After doing so: •: Sports Council may agendize the item at an upcoming meeting for further discussion. • During the next meeting the item will be discussed, and if it requires action, the Sports Council may ask staff to investigate the item further, or make a Sports Council recommendation that will be forwarded to the City Council for final approval. 4. Attend a Community Services Commission meeting, and voice any concerns during oral communications. After doing so: • The Commission may agendize the item at an upcoming meeting for further discussion. • During the next meeting the item will be discussed and if it requires action, the Commission may ask staff to investigate the item further, or make a Commission recommendation that will be forwarded to the City Council for final approval. 5. Contact the. Human Resources Office at (626) 939-8450, to inform the City of the complaint. The Human Resources office will forward the issue to the appropriate Department Head, and if necessary to the City Manager for follow up. This grievance procedure does not restrict the right to file a complaint with any state or federal agency responsible for the enforcement of anti -discrimination legislation. It is the commitment of the City of West Covina to confront and eliminate discrimination, providing gender equitable opportunities for all youth involved in West Covina sports and recreation programs. The meaning of gender equitable opportunities in West Covina is defined as: The absence of discrimination and unfavorable treatment of citizens; the promotion of gender equitable sports and recreational programs; and the commitment to ensure equitable support of facilities, fields, and promotion of girls and boys athletics and recreational programs. i ATTACHMENT 93 Gender Equity Data Collection Plan October 2006 City of West Covina Memorandum AGENDA ITEM NO. DATE: February 6, 2007 "✓" Indicates the item has been accomplished. ✓ Complete Gender Equity Training ✓ Form a Gender Equity Committee (McNeill, Morgan, Reynosa, Cresap) ✓ Hold a post -training meeting with the Gender Equity Committee to formulate the data collection process, determine the timeline, and assign tasks. ✓ Meet with City Attorney to review the direction of the data collection plan. November 2006 ✓ Meet with West Covina Unified School District. Request gender related data for West Covina youth participating in school sports such as: Cheer Football Baseball Volleyball Track Cross country Swimming Wrestling* Water polo. Golf Tennis Basketball December 2006 ✓ Request gender participation data for West Covina youth from Baldwin Park, Bassett, Covina -Valley, Hacienda La Puente, Rowland, and Walnut Valley Unified School Districts. January 2007 ✓ Research and recommend the implementation of a gender equity policy, grievance procedure policy, and an employee anti- discrimination notification policy for the City of West Covina. ✓ Announce the appointment of the City of West Covina's Anti - Discrimination and AB 2404 Compliance Coordinator to City staff, Sports Council members, Community Service Commissioners, and1he general public. ✓ Request data from all -Sports Council agencies regarding the gender of West Covina participants. Request to be submitted at the January 23`d Sports Council Meeting. February 2007 Review current Sports Council field usage and data collected. Formulate. any recommendations that will need to be made for AB 2404 compliance in October 2007. . March 2007 Deadline to receive gender equity data from Unified School Districts. Request gender data from Private Schools who provide sports related programs to West Covina youth. April 2007 Request gender data from athletic clubs and independent athletic agencies, 'residing in West Covina, who provide sports related programs to West Covina youth. May 2007 Request gender data from service clubs providing sports -related programs to West Covina youth. June 2007 Follow up with agencies that were non -responsive. July 2007 Gather historical City data pertaining to participation, promotion - and support of youth sports leagues and programs. August 2007 Tabulate data into a comprehensive report that depicts the City's past and present efforts to provide gender equitable programming. In addition, make recommendations for gender equitable improvements to the program structure of City activities, Sports Council activities and community partnerships. Recommendations should support action items that ensure the City of West Covina's compliance with AB 2404 legislation. September 2007 Review data collection with City Attorney and City Manager; make any necessary adjustments prior to the City Council report in October. October 2007 Present data to the City Council for review and direction. } February 6, 2007 City Council Meeting 2 Attachment #3: Gender Equity Data Collection Plan u MINUTES OF THE • REGULAR MEETING OF THE COMMUNITY SERVICES COMMISSION ATTACHMENT 4 (Awaiting approval from Community Services Commission Meeting on 2113107) January 9, 2007 West Covina City Hall Tuesday - 6:30 p.m. MRC 3rd Floor - Room 314 I. CALL TO ORDER Vice Chair Chacon called the meeting to order at 6:47 p.m.. ' II. PLEDGE OF ALLEGIANCE/MOMENT OF SILENT PRAYER Vice Chair Chacon led the Pledge of Allegiance, and a moment of silent prayer III. ROLL CALL: Chacon, Armbrust, Barrios, Carrico, McIntosh, Stewart, Valles, Vargas, Woods, and Puchalski (arrived at 6:50 p.m.) Commissioners Absent: None Staff Present: McNeill, Smilowitz, Morgan, McDonald, Reynosa, Yuasa, and Headley IV. MINUTES FOR APPROVAL Approval was made of the Minutes of the Regular Community Services Commission meeting on Tuesday, November 14, 2006. MOTION: Motion by Valles, and seconded by McIntosh to approve the Minutes of the Regular Community Services Commission Meeting on Tuesday, November 14, 2006. Motion carried 9-0. Puchalski was not present. V. CORRESPONDENCE AND.ORAL COMMUNICATIONS None Items Called for Discussion Item VII.A-2 Greater Los Angeles Homeless Count in West Covina Item VII.A-4 Park Ranger Program Approved Item IX.A-la Joint Use Proposal of WCUSD Track & Field Item IX.A-lb Maverick Field Item IX.A-Id Ridge Riders Equestrian Center Item IX:B-1 Gender Equity Policies and Procedures Item IX.B-2 Appointment of _an Anti -Discrimination Coordinator and AB 2404 Compliance Coordinator for the City of West Covina Item IX.B-3. Grievance Procedures for Resolving Complaints Alleging Discrimination on the Basis of Sex Item IX.B-4 Procedures for regularly notifying employees and involved personnel that they cannot discriminate on the basis of sex in the activities or programs they operate Item IX.13-5 . Gender Equity Data Collection Plan Item IX.B-6 FY 07-08 CDBG Action Plan Recommendations Item X.0 CIP Item XI.A Volunteer of the' Year Nominations Item XI.C-1 Request for a Joint Meeting with City Council Item XI.C-2 City Volunteer Program — Make a Difference Day Item XI.C-5 Ordinance for Sex.Offenders Chair Puchalski requested that the Items that were not called out reflect Received and Filed without objection. Motion carried 10-0. VI. PRESENTATIONS None Community Services Commission Minutes of January 9, 2007 Page 2 VII. ADMINISTRATION A-2 Greater Los Angeles Homeless Count in West Covina — Director McNeill informed the Commission of the date and time of the Homeless Count for West Covina. She advised that the volunteers helping from West Covina are Councilmember Herfert, Management Analyst II McDonald, and herself. Management Analyst II McDonald explained that through the process of extrapolation, the City would get a count, and also discover where the highest concentration of homelessness is- anticipated. A-4 Park Ranger Program Approved - Director McNeill informed the Commission that the program was approved by.the City Council. She then went on to explain how the program would work, and how the Police Department is handling the Program, not the Community Services Department. Commissioner Barrios asked if security cameras would be on during the Dedication Ceremony at Galster Park on January 20th. McNeill advised they would not be on, and said the City is looking into a 60-day data storage, recordable camera. Chair Puchalski asked to have this item agendized for follow up at the next meeting to better formalize a response. VIII. COMMUNITY SERVICES DIVISION, None IX. RECREATION SERVICES DIVISION A.1 Park Construction Update a Joint Use Proposal of WCUSD Track ,& Field — Manager Morgan advised that there had been two meetings already, and another one planned for January 30, with the West Covina Unified School District on the joint use agreement, where a donation of $500,000 from the City is being considered in exchange for access to West Covina Unified School District's new track and field once constructed. Discussion was held on whether the City would fund the $500K with CIP or General Funds. Commissioner Barrios mentioned how the schools have many sources of funding, more than the City. Director McNeill explained that at this time. the City has not approved the $500K, therefore, the source of the funding is not yet determined. Chair Puchalski advised that the Commission would make recommendations to the Council, and that this would be a continuing agenda item. b Maverick Field = Manager Morgan provided an update on the Maverick Field dugouts construction. Commissioner Stewart inquired that although the Council passed an amount of $75,000, the bidding process is still going on, and asked what would occur if the bids came back higher. Manager Morgan', advised that the matter would go to Council, where they can appropriate more funds, or change the criteria in the bidding process. d Ridge Riders Equestrian Center — Manager Morgan explained that a bid ' has been awarded for various site improvements including painting, work on decaying wood and walkways. B-1 Update on Assembly Bill 2404 Gender Equity - Director McNeill explained that the City is moving forward with the Gender Equity plan, and is still in the learning process, regarding any new laws. She said the City is modeling our policies and procedures 'after Los Angeles City's "Raise the Bar" program. At this first stage, the goal is data collection. Once this is completed, the City will address any inequities at that time. 2 Q � • Community Services Commission Minutes of January 9, 2007 Page 3 MOTION: Motion by Barrios, and seconded by Armbrust to recommend to City Council to adopt the Gender Equity policies and procedures. Motion carried 10-0. . B-2 Anti -Discrimination Coordinator and AB2404 Compliance Coordinator - Director McNeill explained she would be taking on both roles. She was appointed during the October 2006 AB2404 training. Chair Puchalski clarified that the Coordinator role does not cover personnel 'issues or housing discrimination issues. McNeill advised that a letter was going out to the Sports Council for their January meeting explaining gender equity issues and informing the parties of the new Anti Discrimination Coordinator for youth athletic programs. B-3 Grievance Procedures for Resolving Complaints - Director McNeill explained that the City of West Covina would maintain gender equitable opportunities for youth who participate in West Covina sports programs and recreational activities. In the event that an inequitable situation is discovered or believed to be happening, the City provides five methods to file a grievance regarding discrimination of youth athletes or youth athletic programs on the basis of sex, sexual orientation, race, nationality, ethnic origin, color, religion or disability. She stated that those options include: 1. Contact Michele McNeill, the City's Anti -Discrimination Coordinator and AB 2404 Compliance Coordinator at (626) 939-8431, and communicate any concerns. The issue(s) will be investigated and reviewed for further action, which may include the City Manager, the City Council, the Community Services Commission, the Sports Council or any other advisory body with oversight related to the area of concern. 2. Attend a City Council meeting, and voice any concerns during oral communications. After doing so: • City Council may then direct staff to allocate appropriate recourses to investigate, and/or correct "the problem. • City Council may agendize the item at an upcoming meeting for further follow up and discussion. 3. Attend a Sports Council meeting, and voice any concerns during oral communications. After doing so: • Sports Council may - agendize the item at an upcoming meeting for further discussion. • During the next meeting the item will be discussed, and if it requires action, the Sports Council may ask staff to investigate the item further, or make a _Sports Council recommendation that will be forwarded to the City Council for final approval. 4. Attend a Community Services Commission meeting, and voice any concerns during oral communications. After doing so: • The Commission may agendize the item at an upcoming meeting for further discussion. • During the next meeting the item will be discussed and if it requires action, the Commission may ask staff to investigate the item further, or make a Commission recommendation that will be forwarded to the City Council for final approval. 5. Contact the Human Resources Office at (626) 939-8450, to inform the City of the complaint. The Human Resources office will forward the issue 3 Community Services Commission Minutes of January 9, 2007 Page 4 •' to the appropriate Department Head, and if necessary to the City Manager for follow up. . She concluded by saying that it is the City's intention to have an atmosphere of non-discrimination. A timeline for complaints was mentioned, and Chair Puchalski instructed staff to add an amendment to the Grievance Procedures that nothing in the procedure';) shall restrict the right to file a complaint with any state or federal agency responsible for the enforcement of anti -discrimination legislation, which means that this grievance procedure does not exhaust all remedies. MOTION: Motion by Puchalski, and seconded by Barrios to approve. the Grievance Procedures outlined by staff with the 'amendment that nothing in the procedure shall restrict the right. to file a complaint with any state or federal agency responsible. for the enforcement of anti -discrimination legislation. Motion carried 10-0. B-4 Procedures for Notifying Employees that they cannot Discriminate — Director McNeill stated that in an effort to regularly communicate to employees and personnel the importance of non-discrimination practices on the basis of sex regarding youth athletic and recreational programming, the following measures are provided for consideration: 1. Require appropriate Community Services Department staff, contractors, and volunteers to attend annual trainings for information and compliance issues regarding federal and state anti -discrimination law as it relates to youth athletic and recreational programming. 2. Require every Sports Council member -agency to . send at least one Board of Director for annual anti -discrimination training provided by the City of West Covina. Implement a consequence for lack of attendance (i.e., reduction or elimination of City ',field access, loss of Sports Council voting rights, suspension of City Facility use Agreement, etc). 3. Create a .marketing campaign addressing the positive benefits that girls and boys experience from active participation in sports and recreational programs. Include the " contact I information " for reporting discriminatory practices regarding youth athletics. 4. Create a zero -tolerance slogan for the City of West Covina, as it relates to youth athletic discrimination on the basis of sex; communicate this philosophy through the City's employee newsletter. 5. Discuss and recommend alternate methods. Discussion was held and it was decided to table the item until the next meeting. B-5 Gender Equity Data Collection Plan —. Director McNeill explained that a Gender Equity Committee was formed consisting of Coordinator Cresap, Supervisor II Reynosa, Manager Morgan, and herself. She added that the data collection timeline would be updated as new information is revealed, but we are right on target. MOTION: Motion by Barrios, and seconded by Stewart to adopt the Gender Equity Data Collection Plan. Motion carried 10-0. Commissioner Woods left the meeting at 7:30 p.m. 0 i Community Services Commission Minutes of January 9, 2007 Page 5 B-6 FY 07-08 CDBG Action Plan Recommendations — Analyst II McDonald went into detail informing the Commission what occurred at the last Subcommittee meeting on the Recommendations. A discussion was held. . MOTION: Motion by Carrico, and seconded by Chacon. to approve the FY 07-08 CDBG Action Plan Recommendations. Motion carried 9-0. (Woods was not present.) X. SUBCOMMITTE REPORTS C. CIP — Manager Morgan informed the Commission that the next scheduled meeting would be on Saturday, February 3, and the time will be forthcoming. XI. COMMISSIONER REPORTS/COMMENTSATEMS.TO BE AGENDIZED A. Volunteer of the Year Nominations - Discussion was held on each nominee. Recreation Services Award MOTION: Motion by Puchalski, and seconded by Carrico to nominate the following two individuals; . Monica Peters, and Alex Baltadano for the Recreation Services Award. Motion failed 4-5. (Woods was not present.) MOTION: Motion by Armbrust, and seconded by Valles to nominate Monica Peters for the Recreation Services Award. Motion carried 6-3. (Woods was not present.) MOTION: Motion by Puchalski, and seconded by Carrico to nominate Alex Baltanado for the Recreation Services Award. Motion carried 6-3. (Woods was not present.) MOTION: Motion by Barrios, and seconded by McIntosh to nominate one volunteer only for the Recreation Services Award. Motion carried 7-2. (Woods was not present.) By a roll call vote of 6-3, Alex Baltadano was nominated as recipient of the Recreation Services Award. Community Services Award MOTION: Motion by McIntosh, and seconded by Barrios to nominate one volunteer only for the Community Services Award. Motion carried 9-0. (Woods was not present.) By a roll call vote of 8-1, Gilbert Loera was nominated as recipient of the Community Services Award. C. Individual Reports/Comments on Activities 1. Request for a Joint Meeting with City Council — Discussion was held to choose March 13, 2007 for the joint meeting tentatively set.for 5:30 p.m. in the MRC `room. The Commission will bring back items for the agenda at the next meeting. 2. Make a Difference Day - Manager Smilowitz explained the purpose of Make a Difference Day, and requested direction from the. Commission. It was decided to assign the Special Events Subcommittee to research and advise the Commission on this item. 5 Community Services Commission ,1 Minutes of January 9, 2007 Page 6 6. Ordinance for Sex Offenders — Discussion was held to recommend that the City formulate an Ordinance for Sex Offenders. Commissioner McIntosh suggested an awareness campaign be created to communicate child safety techniques to avoid predators. MOTION: Motion by Valles, and seconded by Armbrust to recommend to City Council to review and consider an Ordinance for Sex Offenders. Motion carried 9-0. (Woods was not present.) Commissioners spoke of events they attended. Armbrust spoke of snowballs being thrown haphazardly during Winterfest. Commissioner Chacon spoke of the first annual Latinfest to be' held in West Covina in June, and there would be four per year, one for each season. He asked for volunteers and. suggestions. Director McNeill suggested she and staff meet with Commissioner Chacon to discuss .this event. XII. ITEMS TO BE AGENDIZED Galster Park Master Plan — cameras, fencing, graffiti Joint Meeting with City Council and Community Services Commission to discuss the roles and responsibilities of Commissioners Joint Use Proposal of WCUSD Track & Field Procedures for regularly notifying employees and involved personnel that they cannot discriminate on the basis of sex in the activities or programs they operate City Ordinance on Sex Offenders XIII. ADJOURNMENT Motion by Armbrust, and seconded by Barrios to adjourn the meeting at 8:40 p.m. Motion carried 9-0. (Woods was not present.) The next regular meeting will be held on Tuesday, February 13, 2007 at 6:30 p.m. in the MRC Room at City Hall. 3