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HomeMy WebLinkAboutR31-Economic Development CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FiR''"''''t'' U' Iblf' ~ I \l \ t., FROM: Emil A. Marzullo Interim Executive Director SUBJECT: Agreement for the Administration and Implementation of a Community Beautification Services and Blight Ahatement Program hetween the City of San Bernardino Parks, Recreation and Community Services Department ("Parks") and the Agency DATE: October IS, 2008 SvnoDsis of Previous Commission/Council/Committee Action(s): On October 9, 2008, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend that the Mayor and Common Council and/or the Community Development Commission consider this action for approvaL Recommended Motion(s): (Mavor and Common Council) MOTION: That the Mayor and Common Council of the City of San Bernardino approve and authorize the Director of Parks, Recreation and Community Services to execute the Memorandum of Understanding ("MOU") with the Redevelopment Agency of the City of San Bernardino ("Agency") (Communitv Develonment Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Memorandum of Understanding by and between the Agency and the City of San Bernardino Parks, Recreation and Community Services Department ("Parks") (Central City Meadowbrook, Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast, Uptown and South Valle Redevelopment Project Areas) Contact Person(s): Project Area(s): Brian Turnbull CCM, CCN, CCS, CCW, CCE, Mt. V, SE, UT and S. Valle Phone: (909) 663-1044 Ward(s): 1,2,3and6 Supporting Data Attached: o Staff Report 0 Resolution(s) 611 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s) FUNDING REQUIREMENTS: Amount: $ 250,000 Source: Tax Increment Budget Authority: FY 2008-2009 Signature: Emil A. Marzullo, Interim E Fiscal Review: ~~"U~ <2'//5/-;( Barbara Lindseth, Administrative Services Director Commission/Council Notes: m;(?ii:50-_m--{l:7)(il3~8--=I/[T--_mm__- PlAgendas\Comm Dev Commission\CDC 2008\10-20-08 Parks Community Beautilicatiun Services Program SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/20/2008 Agenda Item Number: J2. 3 ( 10- ZtJ..6f> ECONOMIC DEVELOPMENT AGENCY STAFF REPORT AGREEMENT FOR THE ADMINISTRATION AND IMPLEMENT A TION OF A COMMUNITY BEAUTIFICATION SERVICES AND BLIGHT ABATEMENT PROGRAM BETWEEN THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEP ARTMENT ("PARKS") AND THE AGENCY BACKGROUND: One of the most serious problems faced by the City of San Bernardino ("City") is the negative perception of safety related to blighting influences in the gateways and commercial corridors of the City. Graffiti, trash, abandoned furniture and appliances and a lack of landscape maintenance are in large part the reasons for this perception. Community and business leaders have asked that a program be initiated to help alleviate spot blight in these areas. The Parks, Recreation and Community Services Department ("Parks") has proposed a pilot program, the Community Beautification Services Program ("CBS"), to assist in this effort; and the Community Development Commission of the City of San Bernardino has allocated $250,000 in the FY 2008-2009 Redevelopment Agency of the City of San Bernardino ("Agency") budget intended for this purpose and to be administered and implemented by Parks. This action is intended to implement this budget authorization. The funding provided for this program will be utilized to purchase a work van and trailer to be owned by the Redevelopment Agency of the City of San Bernardino ("Agency"), as well as, undertake tree trimming and graffiti abatement and purchase landscape maintenance equipment and supplies. The CBS program will be staffed by a three person team cross trained in landscape maintenance, tree trimming, graffiti abatement and general construction. The three staff positions will be hired by the Agency and will be Agency temporary employees under a written contract as Public Service Employees ("PSE's") without any Agency benefits and participation in the Agency's PERS retirement plan. However, there will be an arrangement between the Parks Director and the Interim Executive Director of the Agency through a written MOU to allow for the daily supervision of these employees to be through the Parks Director and thus avoid any ambiguities as to the management and reporting responsibilities for these individuals. Based upon work load estimates at this time, it is unlikely that the three individuals hired as PSE's for these temporary positions would have additional time available for work on any matters for Parks other than in furtherance of the CBS program. The funding and the staffing for the CBS program would be as a one-year demonstration program to enable the Agency to determine the effectiveness of such a concentrated effort in blight removal. CURRENT ISSUE: The City currently utilizes a variety of resources in its efforts to abate blight throughout the city. Downtown revitalization projects are now underway in various sections of the downtown area. The Downtown Mixed Use Project has enabled the City to begin the process that will redevelop the area at 5th and "G" Streets by removing dilapidated motels, apartments and commercial buildings. However, the efforts made to abate blight are not always handled in a timely manner. The CBS program will be focused on providing a rapid response to blight abatement and other tree and landscape replacement issues in and around the downtown area and within the City's major transportation and commercial P:\Agendas\Comm Dev Commission\CDC 2008\10-20-08 Parks Community Beautification Services Program SR doc COMMISSION MEETING AGENDA Meeting Date: 10/20/2008 Agenda Item Number: Economic Development Agency Staff Report Community Beautification Services - Parks & Rec Page 2 corridors which are primarily located in redevelopment project areas. In addition, the CBS crew will provide basic property care-taker services for various Agency owned properties throughout the Redevelopment Project Areas. ENVIRONMENTAL IMP ACT: This project is categorically exempt under the California Environmental Quality Act (CEQA). FISCAL IMP ACT: Funding in the amount of $250,000 has been budgeted for the CBS Program in the Agency's adopted FY 2008-2009 budget. RECOMMENDATION: That the Mayor and Common Council adopt the Motion and the Community Development Commission adopt the attached Resolution. j{L~ Emil A. Marzullo, Interim Exe P:\Agendas\Comrn Dev CommissionlCDC 2008\10-20-08 Parks Community Beautification Services Program SRdoc COMMISSION MEETING AGENDA Meeting Date: 10/20/2008 Agenda Item Number: 1 2 RESOLUTION NO. t(Q)L91{ RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE AGENCY AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT ("PARKS") (CENTRAL CITY MEADOWBROOK, CENTRAL CITY NORTH, CENTRAL CITY SOUTH, CENTRAL CITY WEST, CENTRAL CITY EAST, MT. VERNON CORRIDOR, SOUTHEAST, UPTOWN AND SOUTH VALLE REDEVELOPMENT PROJECT AREAS) 3 4 5 6 7 8 9 10 WHEREAS, the City of San Bernardino Parks, Recreation and Community Services Department ("Parks") has requested funding in the amount of $250,000 for the administration and implementation of a Community Beautification Services ("CBS") Program; and WHEREAS, the Community Development Commission of the City of San Bernardino 11 12 13 14 ("Commission") has set aside Redevelopment Agency of the City of San Bernardino ("Agency") funding for the program through the budget process for Fiscal Year 2008-2009 in the amount of 15 $250,000; and 16 17 WHEREAS, the CBS Program will be staffed by a three (3) person team cross-trained in 18 19 20 21 22 23 24 25 26 27 landscaping, tree trimming, graffiti abatement and general construction who will be hired as Agency employees for a one-year-demonstration project as contract employees; and WHEREAS, services under the CBS Program will be provided 10 the following Redevelopment Project Areas: Central City Meadowbrook, Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial, Uptown and South Valle. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Commission hereby approves the MOU in the form as attached hereto and hereby authorizes the Interim Executive Director of the Agency to execute the MOU on behalf 28 of the Agency together with such technical and conforming changes as may be recommended by the I P:\Agfndu\Resolutions\Resolutions\2008\10-20-08 Parks Community Beautification SuvjCt;S Program CDC Reso.doc 1 Interim Executive Director of the Agency and approved by the Agency Counsel. 2 Section 2. This Resolution shall take effect from and after its date of adoption by this 3 Commission. 4 III 5 III 6 III 7 III 8 III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2 P;\AIl~ndu\Resolution$\Resolutions\1008\lo.2(l-08 Parks Communit), Beautificltion Sl'rvices Progrlm CDC Reso.doc 1 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE AGENCY AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT ("PARKS") (CENTRAL CITY MEADOWBROOK, CENTRAL CITY NORTH, CENTRAL CITY SOUTH, CENTRAL CITY WEST, CENTRAL CITY EAST, MT. VERNON CORRIDOR, SOUTHEAST, UPTOWN AND SOUTH VALLE REDEVELOPMENT PROJECT AREAS) 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a meeting 10 thereof, held on the day of 11 Commission Members: Aves 12 ESTRADA 13 BAXTER 14 BRINKER 15 DERRY 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 , 2008, by the following vote to wit: Abstain Absent Navs Secretary 21 The foregoing Resolution is hereby approved this 22 23 24 25 day of ,2008. Patrick 1. Morris, Chairperson Community Development Commission of the City of San Bernardino 26 Approved as to Form: 27 28 By: ,~ A;~c'ito~el- 3 P:\Agend:as\Resolutious\RtJolutionsl2008UQ.20-08 P.rks Community Bunlificarion ServiCe:! Program CDC Reso.dG( MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (COMMUNITY BEAUTIFICATION SERVICES PROGRAM) Dated as of October 20, 2008 1 P:lAgcndaslAgenda Attacllments\AgnnLs-Arnend 2008\10-09.08 Parks Community Beautification Services Progrnn MOU FINAL.doc MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (this "Agreement") is dated as of October 20, 2008 (the "Effec!'ve Date"), and is entered into by and between the City of San Bernardino Parks, Recreation and Community Services Department ("Parks'~) and the Redevelopment Agency ofthe City of San Bernardino, a public body, corporate and politic, being a community redevelopment agency existing pursuant to the Health & Safety Code of the State of California (the "Agency"), and this Agreement is entered into with respect to the following facts set forth in the Recitals: RECITALS WHEREAS, Parks has requested funding in the amount of $250,000 for the administration and implementation of a Community Beautification Services Program ("CBS Program") as the primary purpose of this Agreement and as the CBS Program shall be initiated by the Agency; and WHEREAS, the Community Development Commission of the City of San Bernardino ("Commission") has set aside Agency funding for the program through the budget process for the Fiscal Year 2008-2009 in the amount of $250,000 for staffing for undertaking the projects and at the locations as set forth on Exhibit "A" to this Agreement; and WHEREAS, the CBS Program will be staffed by a three (3) person team cross-trained in landscaping, tree trimming, graffiti abatement and general construction who will be hired as Agency contract employees for a not to exceed term of one-year in furtherance of the demonstration project for the CBS Program subject to further evaluation of the merits and accomplishments of the CBS Program for possible continuation during the next subsequent Fiscal Year; and WHEREAS, services under the CBS Program will be provided in the following Redevelopment Project Areas of the Agency: Central City Meadowbrook, Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial, Uptown and South Valle. NOW, THEREFORE, THE CITY OF SAN BERNARDINO PARKS, RECRATION AND COMMUNITY SERVICES DEPARTMENT AND THE REDVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DO HEREBY MUTUALLY AGREE AS FOLLOWS: Section 1. Recitals. The parties acknowledge and agree that the recitals as set forth above are accurate and correct in all respects. Section 2. Accomplishment of Public Purposes. The parties acknowledge and agree that this Agreement provides Parks with the resources necessary to administer and implement the CBS Program. The funding provided for this CBS Program will be utilized to purchase a work van and trailer to be owned by the Agency, as well as, undertake tree trimming, and graffiti abatement and purchase landscaping equipment and supplies. The CBS Program will be staffed by a three (3) person team cross-trained in landscape issues, tree trirruning, graffiti abatement and general construction who will be hired and managed in the manner as provided in this Agreement. Parks 2 P:\Agend.a.s\Agenda Attaclunents\Agnnts-Amend 2008\1~8 Parks Community Beautification Services Program MOU FINALdoc shall accomplish the beautification and other repairs as necessary to those projects and at the locations as identified on Exhibit "A" as attached hereto and incorporated herein by reference. The Director of Parks and the Interim Executive Director of the Agency are hereby authorized to mutually agree on changes, modifications and deletions to the projects and at the locations identified on said Exhibit "A" for which Parks shall provide the services pursuant to this Agreement. All such changes, modifications and deletions shall be in writing, shall be executed by the Director of Parks and the Interim Executive Director of the Agency and shall become a part of this Agreement until further changed, modified or deleted by subsequent actions as authorized herein. Section 3. Duties and Responsibilities of Parks. (a) Parks will administer and implement the CBS Program focusing on providing a rapid response to blight abatement and other tree and landscape replacement issues in and around the downtown area and at the City's major transportation and commercial corridors which are primarily located in redevelopment project areas. In addition, the CBS Program crew will provide basic property care-taker services for various Agency owned properties throughout the downtown area as may be directed by Parks upon the written request ofthe Agency to Parks. (b) Parks recognizes the benefit of administering and implementing the CBS program in the following Redevelopment Project Areas of the Agency: Central City Meadowbrook, Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial, Uptown and South Valle. (c) Parks shall be responsible for all daily management and supervision of the three (3) employees to be hired by the Agency for the CBS Program. In the event there should arise any need for personnel actions or other disciplinary actions to be taken with respect to any of the three (3) CBS Program employees, Parks shall recommend such appropriate actions or remedies as may be deemed appropriate by Parks under the circumstances and the responsibility for implementation and enforcement of all personnel policies of the Agency as applicable to such contract employees shall be solely the duty and responsibility of the Agency and not the duty or responsibility of Parks. (d) All purchase orders and invoices for the acquisition of supplies and materials in furtherance of the CBS Program shall be processed in the manner required by the adopted Policies and Procedures of the Agency, and the Agency, after review and approval of all such submitted purchase orders and invoices by Agency Staff, shall issue the checks to the required suppliers and vendors as recommended by Parks. Parks shall adhere to all such adopted Policies and Procedures as may be in effect from time to time regarding the purchaser of materials and supplies for Agency purposes. The Director of Parks shall be required to approve and execute all requests for payment as may be submitted by Parks to the Agency for payment. Section 4. Duties and Responsibilities of the Al!encv. (a) In addition to any other powers which the Agency may have, the Agency may exercise all of the powers, rights and authorities of the Agency as set forth in the Redevelopment Plan and the California Community Redevelopment Law, sometimes referred to as the CRL as defined and further referenced in the recitals, with respect to the lands and property situated within the above referenced Redevelopment Project Areas in furtherance of the purposes of this Agreement. 3 P:\Agend.a.s\Agenda AttachmcntslAgrmts-AmClld 2008\10-09-08 Parks Community Beautification Services Program MOU FINAL doc (b) Unless otherwise agreed by the parties, Parks and the Agency recognize the Agency's responsibility for the payment of all costs and expenses as may be associated with the implementation of the CBS Program as may hereafter be authorized to be undertaken by the Parks and the Agency as may be anticipated by this Agreement as deemed necessary or desirable by the Agency. (c) The Agency shall hire the three (3) employees required for the CBS Program as contract employees for a period oftime not to extend beyond June 30, 2009, subject to further budget authorizations from the governing body of the Agency. The salaries and other costs of all such contract employees shall be the sole financial responsibility of the Agency. Section 5. Notices. Formal notices, demands and communications among Parks and the Agency shall be deemed sufficiently given if (i) dispatched registered or certified mail via United State Postal Service, postage prepaid, return receipt requested, as designated in this Section 5, (ii) by personal delivery, (iii) express delivery service with written verification of delivery, or (iv) by electronic transmittal including fax transmissions with telephonic verification of receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as any party may, from time to time, designate by written notice to the other parties. Copies of all notices, demands and communications shall be sent as follows: Parks: City of San Bernardino Parks, Recreation and Community Services Department 201 North "E" Street, Suite 103 San Bernardino, California 92401 Attention: Director Phone: (909) 384-5030 Fax: (909) 384-5160 Agency: Redevelopment Agency of the City of San Bernardino 20 I North "E" Street, Suite 30 I San Bernardino, California 9240 I Attention: Interim Executive Director Phone: (909) 663-1044 Fax: (909) 663-2294 Notices which are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be given three (3) business days after deposit with the United States Postal Service, and notices which are given by personal delivery shall be deemed to be given upon such personal delivery. Notices dispatched by express delivery service shall be deemed to have been given upon receipt by the party receiving such notice and execution of the delivery receipt, and notices dispatched through electronic transmittals shall be deemed to have been given upon telephonic verification of receipt. 4 P:\AgendaslAgenda Attachments\Agrmts-Amend 2oo8\IQ..09.o8 Parks Community Beautification Semces Progrvn MOU FINAL,doe Section 6. Indemnification and Hold Harmless. Parks and the Agency hereby agree to indemnifY, defend and hold harmless each of the other parties to this Agreement and each of their officers, officials and employees from any and all loss, liability, claim, cost, expense or judgment, including attorney's fees, that may result from the implementation ofthis Agreement by each of the respective parties for their actions and those actions or inactions as may be the direct or indirect results occasioned by each of the parties. In the event there is any legal challenge filed against one or more of the parties to this Agreement based upon the approval and execution ofthis Agreement by such party, the party named in such action, and each such additional party to this Agreement if named in a lawsuit, shall pay their own costs to defend such legal challenge as to their approval and execution of this Agreement. Section 7. Term of Al!:reement. The Effective Date of this Agreement shall commence as of the date set forth in the introductory paragraph hereof which shall be the date of the final execution and delivery of this Agreement by both parties. This Agreement shall continue in full force and effect for eight (8) months from and after the Effective Date (the "Term") unless the Term shall have been amended to either shorten or extend the Term by the then current parties hereto. The Term of this Agreement shall automatically terminate upon such date when either party hereto terminates participation in this Agreement pursuant to Section 8 hereof. Section 8. Termination ofParticioation bv a Party. Either party to this Agreement may terminate their participation in this Agreement and their respective duties and obligations effective upon the delivery of notice to the other parties. Such notice shall specifY an effective date for such termination of participation in this Agreement which date shall be not less than thirty (30) calendar days following the receipt of written notice by the other party or parties to this Agreement, as provided in Section 5 above. No such voluntary termination by a party shall relieve such party of the obligations incurred pursuant to Section 6 for indemnification, defense and hold harmless oblations to the other parties for actions or events which arose prior to the effective date of any termination by a party. Section 9. Entire Al!:reement of the Parties. This Agreement represents the entire agreement by and among Parks and the Agency with respect to the CBS Program as set forth herein. Section 10. Governinl!: Law; Invalidity of Anv Provision of Al!:reement. This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable as among the parties, the remaining provisions will continue in full force and effect. Section 11. Amendments. This Agreement may only be amended, changed, modified or altered by a writing signed by each ofthe parties and approved by the respective governing boards thereof in the manner as required by applicable law. Section 12. Aooroval and Effective Date of Al!:reement. This Agreement has been duly approved and authorized for execution and delivery by the Community Development Commission on behalf of the Agency, and this Agreement has been duly executed and delivered by the parties hereto. This Agreement may be executed in counterparts and when fully executed by the parties, it shall be effective for all purposes as ofthe date set forth in the introductory paragraph as defined and set forth therein as the Effective Date. 5 P:\Agendas\Agemla Anachments\Agnnt~Amend 2008\10-09-08 Pue CommWlity Bcautification Services ProgrillJ1 MOV FINAL.doc Date: Approved as to Form and Legal Content: By: \/~~ Agency Cou I Date: AGENCY Redevelopment Agency of the City of San Bernardino L By: Emil A. Marzullo, Interim Exe irector PARKS City of San Bernardino Parks, Recreation and Community Services Department By: Kevin Hawkins, Director P\AgendaslAgenda Anachmenls\Agrmts-Amend 2008\]0-09.08 Parks Community Beautification Services Program MOV FD<ALdoc 6 EXHIBIT "A" List of Projects and Locations to be maintained by Parks (Subject to modification by Parks and the Agency) 1. 478-480 North "0" Street (APNs: 0134-141-28 and 29) Lots south of the Strip Center at 5th and "0" Streets - requires mowing and edging. 2. 512 West 5th Street (APN: 0134-062-12) Parking lot at the northwest comer of 5th and "E" Streets - requires mowing and edging, trimming bushes and sweeping parking lot routinely 3. 1222 West 5th Street (APN: 0138-122-33) Parking lot in front of the Strip Center on 5th Street between Mt. Vernon and Gamer - requires mowing and edging, trimming trees and bushes as needed, and sweeping parking lot routinely. 4. East Cooley Lane (APNs: 0281-041-41 and 0281-031-51) Parking lots on the north side of Cooley Lane, west of Tippecanoe - requires mowing and edging, trimming trees and bushes as needed, and sweeping parking lot routinely. 5. 450 North "E" Street, CinemaStar Theater (APNs: 0134-121-24; 0134-131-25, 26, 27 and 28) Northwest comer of 4th and "E" Streets - requires mowing and edging, trimming trees and bushes and cleaning planters as needed. 6. 5th and "F" Streets (APNs: 0134-121-25 and 0134-131-29) Parking lots behind the CinemaStar Theater and the California Theatre of the Performing Arts - requires trimming trees and bushes, cleaning planters and sweeping parking lots as needed. 7. 1350 South "E" Street (APNs: 0141-252-04 and 06) Former Municipal Water District Offices - requires mowing and edging, trimming trees and bushes and blowing parking lots occasionally. 7 PlAgelldas\Agenda Attachments\Agmtts-Amcnd 2008\10-09-08 Parks {;(Immunity Bcautificarion Services Program MOV f'D\lALdoc