HomeMy WebLinkAbout17-Parks and Recreation
, CITY OF SAN BERNARDINO - REQUEST FOR COUNClt~~+~N " i
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From: Kevin Hawkins, Director
Subject: Resolution 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.
Dept: Parks, Recreation & Community
Services Dept.
Date: October 20, 2008
MICC Meeting Date: Nov. 3, 2008
Synopsis of Previous Council Action:
February 4, 2008 - Council adopted Resolution No. 2008-49 authorizing execution of Memorandum of
Understanding between the County of San Bernardino and the City of San Bernardino for Operation
Phoenix Eastern Area.
Recommended motion:
I) That the Director of Finance be authorized to amend the FY 2008/09 adopted Budget (both
expenditures and revenues) by increasing the Operation Phoenix expenditure Account No. 001-
385-5706 (Alterations and Renovations) in the amount of $97,000 for use at the Operation
Phoenix East facility, and to reflect the associated revenue reimbursement of $97,000 from the
County of San Bernardino; and
2) Adopt Resolution.
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Contact person: Kevin Hawkins
Phone: 384-5233
Supporting data attached: Yes
Ward:
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FUNDING REQUIREMENTS:
Amount: First Amendment to MOU
provides additional $97.000 for
Operation Phoenix East Area.
Council Notes:
Source: (Acct. No.)
(Acct. Description)
Finance:
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Agenda Item No. '7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF
REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
execution of the First Amendment to Memorandum of Understanding between the County of
San Bernardino and the City of San Bernardino for Operation Phoenix Eastern Area.
Back!!:round:
On February 4, 2008, Council adopted Resolution No. 2008-49 which authorized execution of
the Memorandum of Understanding (MOU) between the County of San Bernardino and the
City of San Bernardino for the Operation Phoenix (OP) Eastern Area. The initial MOU with
the County provided funding in the amount of$98,000 in support of the expansion of Operation
Phoenix to the eastern area, which includes County unincorporated areas. The term of the
initial agreement was from December 1,2007 to June 30, 2008, with an option to extend the
term by the written consent of the City Manager and the County's Director of Community
Development and Housing. On June 30, 2008, former city manager Fred Wilson signed a letter
of agreement extending the duration of the MOU through December 31, 2008.
The First Amendment to the MOU will provide additional funding in the amount of $97,000 to
be used at OP East. The term of the amendment to the MOU is to December 31, 2008;
however, staff is negotiating with the County to extend the term to June 30, 2009.
Staff recommends that the funding be utilized to address the significant capital improvement
needs at the center. Since OP East was not originally designed as a community center, there are
a number of capital improvement projects needed to address the health and safety needs, as well
as to optimize programming at the Speicher Park location. Proposed improvements at OP East
include the following: demolish and remove outdoor fencing, a garden shed, and cement and
posts remnants; construct a restroom building on the south side of center; install sod turf and
landscaping around the center, as well as two basketball courts south east of the center; pave
and fence the parking area; upgrade the plumbing; and rehabilitate the community garden with
proper irrigation.
In addition to addressing health and safety issues at the center, the improvements noted above
will serve to reduce visible blight. These improvements, in concert with the other maintenance
improvements at the park, will make the center more inviting to participants as well as staff.
Financial Impact:
The First Amendment to the Memorandum of Understanding between the County of San
Bernardino and the City of San Bernardino provides for an additional $97,000.00 in funding for
the Operation Phoenix East Area.
Recommendation:
I) That the Director of Finance be authorized to amend the FY 2008/09 adopted Budget (both
expenditures and revenues) by increasing Operation Phoenix expenditure Account No. 001-
385-5706 (Alterations and Renovations) in the amount of $97,000 for use at the Operation
Phoenix East facility, and to reflect the associated revenue reimbursement of $97,000 from
the County of San Bernardino; and
2) Adopt Resolution.
Attachment A:
FY 08/09 Operation Phoenix Expenditure Budget Line Item Summary
Operation Phoenix
Expenditure Budget Line Item Summary
Fiscal Year 2008-2009
Current Budget Carryovers i Revised Budget I
Account Obiect and title SB Co. Code - Msr Z P&R - 388
5011 Salaries Perm/Fulltime $ - $ 41,000.00 $47,136.00 $ 21,566.40 $ 109,702.40 .
5014 Salaries Temp/Parttime $ - $ 27,700.00 $ - $103,485.60 $ 131,185.60
5015 Overtime $ - $ 800.00 $ - $ - $ 800.00
5018 Vacation Pay $ - $ - $ - $ - $ -
5026 Pers Retirement $ - $ 5,500.00 $10,100.00 $ 7,905.25 $ 23,505.25
5027 Health & Life Insurance $ - $ 4,800.00 $ 8,217.00 $ 7,518.00 $ 20,535.00
5028 Unemployment Insurance $ - $ 100.00 $ 118.00 $ 56.23 $ 274.23
5029 Medicare $ - $ 600.00 $ 683.00 $ 307.64 $ 1,590.64
Total Personnel Services $ - $ 80,500.00 $ 66,254.00 $140,839.12 $ 287,593.12 I
5111 Materials & Supplies $ - $ 36,000.00 $ - $ - $ 36,000.00
5112 Small Tools & Equipment $ - $ - $ - $ - $ -
5121 Advertising $ - $ - $ - $ 4,500.00 $ 4,500.00
5122 Dues and Subscriptions $ - $ - $ - $ 900.00 $ 900.00
5131 Mileage $ - $ - $ - $ 1,500.00 $ 1,500.00
5132 Meetings & Conferences $ - $ - $ - $ 1,500.00 $ 1,500.00
5133 Education & Training $ - $ - $ - $ 4,500.00 $ 4,500.00
5171 Rentals $ - $ 12,000.00 $ - $ 11,400.00 $ 23,400.00
5174 Printing Charges $ - $ - $ - $ 1,500.00 $ 1,500.00
5175 Postage $ - $ 500.00 $ - $ 100.00 $ 600.00
5176 Copier Charges $ - $ - $ - $ 1,600.00 $ 1,600.00
5181 Other Ooeratina Exoenses $ - $ - $ - $ 12,000.00 I $ 12,000.00
$ 48,500.00 $ I $ 39,500.00 I $
$ i $ 21,964.731 $
$ i $ I $
$ $ 21,964.731 $
$ $ 6,176:69! $
$ $ 30,000.00 i $
$ $ 35,847.73 I $
$ - I $ 72,024.42 I $
$ 66,254.00 ! $ 274,328.271 $
Total Mamtenance & Operation
$
5502 Professional/Contractual Svcs $ $ 20,000.00
5505 Other Professional Services $ $
Total Contractual Services $ $ 20,000.00
5702 Computer Equipment $ $
5704 Miscellaneous Equipment $ $
5706 Alterations & Renovations $97,000.00 $
Total Capital Outlay $97.000.00 $
Total $ 97,000.00 $149,000.00
Attachment A
88,000.00
41,964.73
41,964.73 i
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I
6,176.69 I
30,000.00 I
132,847.73 I
169,024.421
586,582.27 i
"5706 Alterations & Renovations $97,000 of currrent budget contingent upon SB County award for east phoenix
programs and improvements
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RESOLUTION NO.
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.
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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.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the _
day of
, 2008, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel Clark, City Clerk
,2008.
day of
The foregoing resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
,~~-
es F. Penman: City Attorney
Exhibit A
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 1, 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 1,
2007 to December 31, 2008." In the final 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
Countv Support
Under the third bullet, first line, the figure "$98,000" is deleted and "$195,000" is
inserted in lieu thereof. The following sentenced 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date
indicated below.
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
By:
Mark Weinberg,
Interim City Manager
By:
Paul Biane, Chairman
Board of Supervisors
Date:
Date:
APPROVAL AS TO FORM:
By:
Ruth E. Stringer,
County Counsel
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RESOLUTION NO. 2008-49
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO FOR THE 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 City Manager of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City, the Memorandum of Understanding with the
County of San Bernardino for the 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
13 length.
14 SECTION 2. The authorization to execute the above referenced agreement is rescinded
if the parties to the agreement fail to execute it within ninety (90) days of passage of this
resolution.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE
3 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN
4 BERNARDINO AND THE CITY OF SAN BERNARDINO FOR THE OPERATION
.PHOENIX EASTERN AREA.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th day
of February, 2008, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER X
BRINKER x
DERRY ----L
KELLEY X
JOHNSON x
MC CAMMACK X
C(...J.J /;1, ~
City Clerk
The foregoing resolution is hereby approved this 4t:h day of Fehrnary ,2008.
Approved as to
Form:
JAMES F. PENMAN,
City Attorney
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2008-49
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO FOR OPERATION PHOENIX EASTERN AREA
1. INTRODUCTION
'"
The City of San Bernardino ("City") has developed and initiated Operation Phoenix,
a coordinated response to crime and related family and youth issues and to create
long-term neighborhood assets, in target areas in the City with a high rate of Part I
crimes, Operation Phoenix addresses the complex issues contributing to crime and
violence through partnership with the County of San Bernardino ("County"), the
San Bernardino City Unified School District, the State Department of Corrections,
California State University San Bernardino, and other public agencies and l?rivate
organizations.
The initial success of Operation Phoenix between June 10, 2006 and December 31,
2006, included a 37.59% reduction in UCR Part] crime in the original target area.
There was also a 21.11 % citywide reduction of UCR Part ] crime, compared to
2005, during that same time period.
On June 4, 2007, the City Council identified five additional target areas for possible
expansion of Operation Phoenix: .
. Central Area (expanded) one rnile radius of Wabash and Sierra
. Eastern Area one mile radius of Sterling and Highland
. Northern Area one mile radius of 44th and Sepulveda
. Western Area one mile radius of 16th and California
. Southern Area one mile circumference of Mill and Meridian
Funding and operational expenses are limited for the expansion of this program. In
order to expand to the Eastern Area, which includes County unincorporated areas,
the City and the County are interested in entering into a Memorandum of
Understanding to provide shared resources. This sharing of resources is consistent
with the contIDuing protocol of combining City and County resources in the Central
Phoenix Area.
2. DURATION OF AGREEMENT
This agreement is to be in e.ffect from December 1, 2007 to June 30, 2008. This
agreement may be terminated at any time by thirty-(30) day's written notice by
either party. The terms of this agreement shall remain in force unless mutually
amended in writing. The duration of this agreement may be extended by the written
consent of the City Manager, and by the County's Director of Community
Development and Housing.
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2008-49
3.
COMMITMENTS TO OPERATION PHOENIX EASTERN AREA
County Support
~ The County Sheriffs Office will deploy I sergeant and 3 deputies for
pUIR.oses of coordination with the San Bernardino Police Department and
mutUal efforts in the Operation Phoenix Eastern Area.
~ The County will provide a 1.5 full-time Code Enforcement Officer who
will augment county code enforcement activities in the Eastern Phoenix
Area, including coordination and collaboration with city code
enforcement activities in the Eastem Phoenix Area. The full-time County
Code Enforcement Officer will be bilingual in Spanish.
~ The County will make a $98,000 contribution to the City's Operation
Phoenix budget for purposes of defraying the costs associated with the
City of San Bemardino programs for the Operation Phoenix Eastem
Area as described below. The City will invoice the County on a quarterly
basis for reimbursement.
City of San Bernardino
. The City will create an Operation Phoenix Street Team and coordinate its
activities in the Eastern Area The Street Team will consist of
representatives from the various partner agencies that are engaging residents
in the target area through City/County coordinated law enforcement, code
enforcement, and human services. Ongoing communication and coordination
of partner agencies will occur through regular meetings of the Street Team to
maximize collaboration and provide services to residents in the target area.
A representative from the Sheriffs Office and County Code Enforcement
will be invited to participate in Street Team meetings to insure coordinated
efforts between City and County services.
. The . City will establish a physical center in the Eastern Area to provide
supervised, after school and evening activities for children and youth, and
their families, in the focus area. The center will also act as the coordination
location for the Operation Phoenix Street Team and other various outreach
activities by the City, the County, and other government, nonprofit and
community agencies.
. The City will augment police services, code enforcement services, and
graffiti abatement in the Eastem Area and it will enhance street lighting and
other public improvements in the Eastern Area, as the Operation Phoenix
budget provides.
These mutual commitments by the County and the City will cover the area
designated as the Operation Phoenix Eastern Area which includes County
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2008-49
. unincorporated areas. A map of the Operation Phoenix Eastern Area is attached
as Attachment 1.
If conflict resolution is required among City and County agencies, it will be
facilitated through the Operation Phoenix Steering Committee which serves as an
. advisory committee on operational issues for Operation Phoenix. If satisfactory
resolution is not achieved through this forum, subsequent efforts to resolve the
conflict will occur between the Mayor's Office and the Board of Supervisors.
4. ADMINISTRATION
Administration of the Operation Phoenix program, including the County and City
commitments identified above, will be coordinated through the Operation Phoenix
Executive Team, which includes the Mayor, City Manager, Police Chief, Parks and
Recreation Director, and the Operation Phoenix Executive Director.
5.
NOTICES
It is understood that the funds will be reimbursed monthly by the County upon
submittal of a reimbursement request from the City, with certification and
supporting documentation that the expenditures were utilized in the Eastern
Operation Phoenix! Arden-Guthrie target area. Any notices to be given pursuant to
this Agreement shall be deposited with the United States Postal Service, postage
prepaid and addressed as follows:
TO THE CITY:
TO THE COUNTY:
Fred Wilson, City Manager
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
Tom Ramirez,
Community Development & Housing
215 North "D" Street, Suite 202
San Bernardino, CA 92415-0043
6. MUTUAL INDEMNIFICATION CLAUSE
The City of San Bernardino shall defend, indemnify, and hold the County of San
Bernardino, .its officers, employees, and agents harmless from and against any and
all liability, loss, expense, attorney's fees, or claims for injuries or damages arising
out of the performance of this agreement, but only in proportion to, and to the extent
such liability, loss, expense, attorney's fees, or claims for injuries or damages are
caused as a result of the negligent or intentional acts or omissions of the City of San
Bernardino or its agencies, their respective officers, agents, or employees.
.The costs, salaries, and expenses of the City Attorney and members of his office
shall be considered as "Attorneys' Fees" for the purposes of this paragraph.
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2008-49
The County of San Bernardino shall defend, indemnify, and hold the City of San
Bernardino, its officers, employees, and agents harmless from and against any and
all liability, loss, expense, attorney's fees, or claims for injuries or damages arising
out of the performance ofthis agreement, but only in proportion to, and to the extent
such liability, loss, expense, attomey's fees, or claims for injuries or damages are
caused as a result of the negligent or intentional acts or omissions of the County of
San Bernardino or its agencies, their respective officers, agents, or employees.
The costs, sa]a1ies, and expenses of the County Counsel and members of his office
shall be considered as "Attomeys' Fees" for the purpose of this paragraph.
7. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this
Agreement, the prevailing party shall be entitled to recover from the opposing party
all costs and expenses, including reasonable attomeys' fees, incurred by the
prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions or provisions hereof. The costs, salary
and expenses of the City Attorney and/or County Counsel and members of their
offices in enforcing this Agreement shall be considered as "attorneys' fees" for the
purpose of this paragraph.
8. COOPERATION; FURTHER ACTS
The Parties shall fully cooperate with one another, and shall take such additional
acts or sign such additional documents as may be necessary, appropriate, or
convenient to attain the purposes of this Agreement.
9. COUNTERPARTS
This Agreement may be signed in counterparts, each of which shall constitute an
original and which collectively shall constitute one instrument.
10. SUP~RSEDING AGREEMENT
This Agreement supersedes any prior ora] statements or agreements between or
among the Parties as related to the Operation Phoenix Eastern Area.
11. SEVERABILITY
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable for any reason, such determination shall
not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance, and the remaining
provisions of this Agreement shall remain in fuI] force and effect.
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11 AFPROV AL AS TO FORM:
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2008-49
I
2 IN WIThTESS WHEREOF, the Parties have executed this Agreement as of
the last date indicated below.
CITY OF SA!'{BERNARDINO
COUNTY OF SAl" BERNARDINO
By:
Fred Wilson,
City Manager
By:
Mark Uffer,
County Administrative Officer
Date:
Date:
By:
James F. Penman,
City Attorney
By:
Ruth E. Stringer,
County Counsel
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