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HomeMy WebLinkAbout2008-409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-409 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO FOR OPERATION PHOENIX EASTERN AREA. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Interim City Manager is hereby authorized to execute the First Amendment to the Memorandum of Understanding between the County of San Bernardino and the City of San Bernardino for Operation Phoenix Eastern Area, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length; and SECTION 2. That the authorization to execute the above referenced First Amendment to the Memorandum of Understanding between the County of San Bernardino and the City of San Bernardino for Operation Phoenix Eastern Area is rescinded if the parties to the Agreement fail to execute it within sixty days of passage of this resolution. III . III III 11/ III III III III III /11 /11 ,...... 28 2008-4p9 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO FOR OPERATION PHOENIX EASTERN AREA. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Approved as to Form: 24 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3 rd day of November , 2008, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Council Members: ESTRADA -X- BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x McCAMMACK ---1L ~~.~ Rae eJ Clark, City Clerk The foregoing resolution is hereby approved this$7lI' day of November , 2008. 25 26 27 ' "....... - I.,. 'LL . REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION December 16, 2008 FROM: GARY PENROD, Sheriff/Coroner Sheriff's Department SUBJECT: FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN BERNARDINO FOR OPERATION PHOENIX RECOMMENDATIONISI 1. Approve First Amendment to Memorandum of Understanding (Agreement No. 08-99) between County of San Bemardino and the City of San B~rnardino for Operation Phoenix, extending the term for an additional6-months through December 31,2008 and increasing the contract amount by $97,000, from $98,000 to $195,000. 2. Authorize Auditor/Controller-Recorder to adjust appropriations for Code Enforcement Services in the amount of $65,000 as detailed in the Financial Impact section (Four votes required). (Affected Districts: Third) (Presenter: Dennis J. Casey, Captain, 387-0640) BACKGROUND INFORMATION 'Operation Phoenix' is a comprehensive crime prevention and neighborhood revitalization program that involves youth programs, health services, intensive code enforcement activities and an increase in police patrols. The program was originally implemented in a portion of the City of San Bernardino. On November 20, 2007, the County Board of Supervisors (Board) approved the use of funds to create a new Operations Phoenix Target Area comprised of portions of both the County of San Bernardino and the City of San Bernardino. The Board committed $543,555 to the project at that time and requested that Memorandums of Understanding (MOU) be developed to delineate the scope of work and funding. The program was expanded in January of 2008 to include portions of the unincorporated area of Del Rosa and the adjacent portions of the City of San Bernardino, known as the Operation Phoenix Eastern Area. On February 5, 2008, the Board approved an MOU with the City of San Bernardino in which the County committed to provide support to the Operation Phoenix Eastern Area in the form of 1-sergeant and 3-deputies to coordinate with the San Bernardino Police Department, 1.5 county code enforcement officers to collaborate with city code enforcement officers, and a $98,000 contribution to the City's Operation Phoenix Budget for the purpose of Page 1 of2 Rev 01OBR1 cc: en - asey w agrees Contractor clo Sheriff w/agree ACR-Accts Payable Mgr w/agree ACR-General Acct Mgr Periculum clo Risk Mgmt w/agree Risk Mgmt Sheriff-Penrod Co. Counsel-Singley LUSD-Rice CAO-Erickson; Brown File w/agree ed 1/2/09 Agreement No. 08-99 A-1 ITEM 074 of Supervisors MOTION MOVE SECOND 4 5 '....'. '1" , . BOARD OF SUPERVISORS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN BERNARDINO FOR OPERATION PHOENIX DECEMBER 16, 2008 PAGE 2 OF 2 defraying costs associated with the city's youth programs. The term of the MOU was December 1,2007 through June 30,2008. As part of the 2008-09 Budget, the Board approved an additional $545,000 to continue support to Operation Phoenix Eastern Area through December 31,2008. The proposed First Amendment to the MOU would extend the term of the MOU for an additional six months, through December 31, 2008. Under the terms of the proposed amendment the County will provide the same level of law enforcement and code enforcement services and provide an additional $97,000 to the City of San Bernardino for youth programs, of which $20,000 can be used to offset administrative costs. This amendment also shifts the administration of the MOU from the Department of Community Development and Housing to the Sheriff's Department. The County's original program was coordinated by the Department of Community Development and Housing. In accordance with the terms of the MOU, the Director of Community Development and Housing extended the MOU to avoid a lapse in service while the formal amendment was being processed. The First Amendment to the MOU was approved by the San Bernardino City Council on November 3, 2008 and is being submitted to the Board for approval at the first available Board date upon receipt of the signed amendment from the City. FINANCIAL IMPACT There is no additional local cost impact related to this item. The County's portion of the MOU agreement, $455,000, was included as a policy item in the Sheriff's Department 2008-09 budget. Of this amount, $65,000 was designated for Code Enforcement Services, which was not included in the Land Use Services 2008-09 budget. Land Use Services budget adjustments for fiscal year 2008-09 are requested as follows: Accountin Codes AAA-CEN-ENF 100 1035 AAA-CEN-ENF 200 2445 AAA-CEN-ENF 9975 Descri tion Overtime Professional Services o ratin Transfers In REVIEW BY OTHERS This item has been reviewed by County Counsel (Steven J. Singley, Deputy County Counsel, 387-4271) on December 2, 2008; Land Use Services Department (Ruth Rice, Administrative Manager, 387-4148) on December 2, 2008; and the County Administrative Office (Matthew Erickson, Administrative Analyst, 387-3937 and Jessica Brown, Administrative Analyst, 387-5414) on December 8, 2008. A"\'\I~/) \1' , 1\. ,e''" '''''''!'t<-..,. ('~ ", ./. . "">' 41 ~ .. " "'. ", ',,' ...:-. \ ~- , ,.P ~. ".." ,7 , \ ..,x:' ,. ~.~.<,..,-'... ,.'i ~ .~ . . ,. ~...." '~~t /1 \' ;." " ro.; .. ~ '-J("~"'/l-+>; '<hlilll(\\,\I' 12/16/08 074 ..-. , " J j ~ FOR COUNTY USE ONL Y - :x: New Vendor Code Depl. Contract Number Change SC SHR A 08-99 A1 Cancel County Department Depl. Orgn. Contractor's License No. Sheriff SHR SHR County Department Contract Representative Telephone Total Contract Amount Dennis J. Casey 387-0640 $195,000 Contract Type D Revenue D Encumbered IX] Unencumbered D Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Unenc Contract 12/1/2007 12/31/2008 $98,000 $97,000 Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AAA SHR 007 300 3305 , 97000 Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , , Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , , Project Name Estimated Payment Total by Fiscal Year Operation Phoenix FY Amount I/O FY Amount I/O - - - - County of San Bernardino FAS CONTRACT TRANSMITTAL CONTRACTOR City of San Bernardino FederallD No. or Social Security No. Contractor's Representative Fred Wilson, City Manager Address 300 North D Street, San Bernardino, CA 92418 Phone (909) 384-5122 Nature of Contract: (Briefly describe the general terms of the contract) First Amendment to the MOU with the City of San Bernardino to: ( the term of the agreement through December 31, 2008; (2) Increase the County's contribution t9--l.~ outh programs by $97,000, from $98,000 to $195,000 (of which $20,000 can be used to offset ad'R!.ni~M costs); and (3) change the county department administering the MOU from the Department Qf('Cqmmunity DeveloP-~t, a nd Housing to the Sheriff's Department. ~O} N~\'- '{ \S \S ~cOo~y '\\\ ~S \S :\'\ ~y (Attach this transmittal to all contracts not~)!)" 1andard Contract" fo Date Date Date Auditor/Controller-Recorder Use Only =-.'~rf~~' ." I '-'II' IHII 1;1 2008-409 .' FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO FOR OPERATION PHOENIX EASTERN AREA The Memorandum of Understanding between the County of San Bernardino and the City of San Bernardino is hereby amended, effective July I, 2008, by making the following revisions to Sections 2,3, and 5: 2. DURATION OF AGREEMENT The first sentence is restated to read, "This agreement shall be in effect from December I, 2007 to December 31, 2008." In the fmal sentence in Section 2, the reference to the County's Director of Community Development and Housing is changed to the Sheriff- Coroner. 3. COMMITMENTS TO OPERATION PHOENIX EASTERN AREA County Support Under the third bullet, first line, the figure "$98,000" is deleted and "$195,000" is inserted in lieu thereof. The following sentence is added to the end of this paragraph: "The City may use up to $20,000 of the County's contribution to defray administrative costs." 5. NOTICES The contact name, address and phone number for notices sent to the County is changed to: TO THE COUNTY Gary S. Penrod, Sheriff-Coroner 655 East Third Street San Bernardino, CA 92415 Telephone: (909) 387-3669 Except as amended all other terms and conditions of this Agreement remain in full force and effect. .,.--,... 111'1'1,,11 . . ... 2008-409 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date indicated below. CITY OF SA COUNTY OF SAN BERNARDINO By: Mark e erg, Interim Ci7M~ager Date: I( S'Jo( I I By:2-OB Paul Biane, Chairman Board of Supervisors j Date: DEe 1 8 2M8 APPROVAL AS TO FORM: t-.~ . Penman, ttorney I~"".