HomeMy WebLinkAbout09.C- Human Resources DOC ID: 1572 B
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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Personnel
From: Linn Livingston M/CC Meeting Date: 02/06/2012
Prepared by: Linda Wynn, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Authorization to Issue Lay Off Notices as the Successor Agency/Entity of the Economic
Development Agency to All Former Economic Development Agency Employees Transferred to
the City Pursuant to AB X1 26
Financial Impact:
To be determined.
Motion: Authorize the Human Resources Department to issue layoff notices to
Redevelopment Agency employees transferred to the City as the successor
agency/entity pursuant to AB x 126.
Synopsis of Previous Council Action:
On January 9, 2012, the Mayor and Common Council approved Resolution No. 2012-12,
authorizing the City as the successor agency/entity for the Economic Development Agency
(RDA) effective February 1, 2012.
Background:
On December 29, 2011, the California Supreme Court issued its opinion that Redevelopment
Agencies must be dissolved per Assembly Bill xl 26. The Court set the effective date of
dissolution of RDA's as February 1, 2012; therefore, the RDA of the City of San Bernardino
ceased to exist on February 1, 2012.
On January 9, 2012, the Mayor and Common Council approved Resolution No. 2012-12
agreeing to serve as the successor agency/entity to the RDA to implement the provisions of AB
xl 26. Under the law, RDA employees became employees of the successor agency/entity on
February 1, 2012,the date of RDA's dissolution.
The RDA Personnel, Policies and Procedures continue to govern the employee formerly
employed by RDA. Section 25 - Layoffs and Reduction In Force - requires two weeks' notice to
lay off employees. As the successor agency/entity, the City needs to quickly examine what staff
is needed for winding down the business of RDA and eliminate the positions no longer needed.
Consistent with this direction, staff is requesting authority to issue layoff notices to all former
RDA employees that became employees of the successor agency/entity effective upon RDA's
dissolution on February 1, 2011. During the aforementioned two week time period, staff will
assess which positions will be needed to conclude RDA business and will return to Mayor and
Common Council for hiring approval as City employees.
Updated:2/2/2012 by Andrea Travis-Miller B
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Below are the impacted classifications:
Executive Director
Chief Financial Officer
Director of Administrative Services
Director of Housing and Community Development
Financial Analyst
Executive Secretary
Project Manager
Senior Urban Planner
CATV/IEMG Broadcast Engineering Coordinator
CATV/IEMG Production Coordinator
Senior Administrative Analyst Real Estate Acquisition
GIS/Graphic Analyst
Business Solutions Coordinator
Senior Accounting Technician
CATV/IEMG Production Technician
CATV/IEMG Production/Traffic Specialist
Administrative Assistant
Secretary
Operations Specialist II
Administrative Clerk III
GIS Technician
Supporting Documents:
Resolution 2012-012 (PDF)
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Updated:2/2/2012 by Andrea Travis-Miller B
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I RESOLUTION NO. 2012-12
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO TAKING CERTAIN ACTIONS PURSUANT TO HEALTH &
SAFETY CODE SECTION 34173 AGREEING TO SERVE AS THE SUCCESSOR
4 AGENCY AND THE SUCCESSOR ENTITY TO THE REDEVELOPMENT AGENCY
5 OF THE CITY OF SAN BERNARDINO
6 WHEREAS, the Mayor and Common Council of the City of San Bernardino (the
7 "Council") duly adopted an ordinance of the City of San Bernardino (the "City") to establish the
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Redevelopment Agency of the City of San Bernardino (the "Agency") in accordance with the ;
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requirements of the Community Redevelopment Law("CRL"), and the Agency has continued to 0
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11 function since such time in the management and undertaking of redevelopment efforts and
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12 activities within Council-adopted Redevelopment Project Areas within the City; and y
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13 WHEREAS, the Agency has existed since its establishment under the governance of the
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governing body known and identified as the Community Development Commission of the City ti
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of San Bernardino (the "Commission") for the purpose of combining the redevelopment N
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17 functions and the housing functions of the Agency under a single governing body; and T
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18 WHEREAS,the California Legislature adopted ABx1 26 and ABx1 27 on June 29, 2011, o
19 which legislation became effective upon the signing thereof by the Governor on said date which Cn
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items of legislation identified as ABx1 26 added certain provisions to the Health & Safety Code
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22 identified at Part 1.85 of Division 24 of the Health & Safety Code commencing with Section
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23 34170 through and including Section 34191; and
24 WHEREAS, a legal challenge to ABxl 26 and ABx1 27 was filed directly with the
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California Supreme Court in the action generally known as CRA v. Ana Matosantos, State
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Director of Finance, and a final decision was rendered by the California Supreme Court on
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28 December 29, 2011, declaring ABx 126 to be constitutional and ABx 127 to be void as
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2012-12
1 unconstitutional; and
2 WHEREAS, prior to the release of the Supreme Court decision the Agency through the
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Commission was not able to enter into new agreements or to commit to actions in addition to
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5 those prior contracts, obligations and other debts previously incurred or approved and entered
6 into by the Agency prior to the date that the California Supreme Court had issued a stay as to
7 certain implementation aspects of both ABxI 26 and ABxI 27; and
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WHEREAS, ABxI 26 provides, as codified in Health & Safety Code Section 34173 and o
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reformed by the California Supreme Court, that the city or county that adopted an ordinance to 0,
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11 establish a redevelopment agency is determined to be the "successor agency" as provided in said Q
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12 Section 34173 upon dissolution of the redevelopment agency on February 1, 2012; and N
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13 WHEREAS, the recent California Supreme Court decision provides in footnote 25 that in Cq
la the time for a city or county to elect not to serve as the successor agency shall have an extended
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16 time after the issuance of the California Supreme Court decision and until January 13, 2012, to c
17 elect not to serve as the successor agency; and N
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18 WHEREAS, it is critical to the implementation of the provisions of ABxI 26 that the
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19 Council decide at this time whether to serve as the successor agency and the successor entity to Cn
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the Agency.
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22 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
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23 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
24 FOLLOWS:
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Section 1. The Council hereby agrees to have the City of San Bernardino serve as the successor
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agency to the Agency pursuant to Health & Safety Code Section 34173(d)(1). The Council
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1 further directs the filing of this Resolution by the City Clerk with the Auditor-Controller of the
2 County of San Bernardino forthwith.
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Section 3. This Resolution shall take effect upon its adoption and execution in the manner as
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5 required by the City Charter.
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2012-12
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO TAKING CERTAIN ACTIONS PURSUANT TO HEALTH & SAFETY
2 CODE SECTIONS 34173 AGREEING TO SERVE AS THE SUCCESSOR AGENCY
3 AND THE SUCCESSOR ENTITY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof,
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8 held on the 9th day of January ,2012, by the following vote,to wit:
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9 Council Members: Ayes Nays Abstain Absent W
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to MARQUEZ x c
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11 JENKINS x a
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BRINKER x
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15 KELLEY x
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20 yRachel G. Clark, City Clerk �1�'15*t Crfy ,44
21 The foregoing Resolution is hereby approved this day of January , 2012• E
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Pat k J. Morris,
24 of San Bernardino
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Approved as to Form:
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27 By:
28 James F. Penman, City Attorney
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