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HomeMy WebLinkAbout17-Parks and Recreation , CITY OF SAN BERNARDINO - REQUEST FOR COUNClt~~+~N " i , i ~ In.,,. 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. //' ~~~~1:; , ../' ~~t J '] f (ift Contact person: Kevin Hawkins Phone: 384-5233 Supporting data attached: Yes Ward: 7 FUNDING REQUIREMENTS: Amount: First Amendment to MOU provides additional $97.000 for Operation Phoenix East Area. Council Notes: Source: (Acct. No.) (Acct. Description) Finance: &::>eJ Zoo~- 4a9 Agenda Item No. '7 ".~..O~ . t 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 I 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 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. 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 III III III III III III III III 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 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 15 16 17 18 19 20 21 22 23 U 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 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. III III III III .J JOt 1JJ {t:tO /u{~- , /l.~ ~;c ( III III III III III III 1 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. 5 6 7 8 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: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ,f~ 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 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. 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 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 1 2 3 4: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.4 25 26 27 28 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. 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 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. 3 4, 5 6 7 8 9 10 11 AFPROV AL AS TO FORM: 12. 13 14 15 16 17 18 19 2.0 21 22 23 2.4 25 26 27 28 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. 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