San Francisco Redevelopment Agency


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128-028-002                                                                                  Agenda Item No. 4 (b)

March 8, 2006                                                                         Meeting of March 21, 2006

 

 

 

TO:                  Agency Commissioners

 

FROM:            Marcia Rosen

                        Executive Director

 

SUBJECT:       Authorizing a Third Amendment to the Agency Agreement with the Treasure Island Development Authority, a public body, corporate and politic, for the provision of Agency staff services to the Treasure Island Development Authority, on a month-to-month basis for a term not to extend beyond July 21, 2006, and authorizing other actions properly relating thereto

 

EXECUTIVE SUMMARY

 

The Treasure Island Development Authority (“TIDA”) has again requested that the Agency extend its existing Agency Agreement with TIDA, pursuant to which TIDA appointed the Agency as its agent to provide staff services to carry out the day-to-day operations of TIDA.  The existing agreement provided for the Agency to hire the Treasure Island Project Office staff in July 2004 as Limited Term Assignment (“LTA”) Agency employees.  TIDA will continue to pay one hundred percent of the salaries, benefits, and overhead associated with the LTA employees as well as one hundred percent of the Agency costs to administer and implement the agreement.  TIDA indemnifies the Agency from any claims related to the provision of the services to TIDA.

 

Staff recommends authorizing the Executive Director to enter into a third amendment to the existing Agency Agreement with TIDA for the provision of Agency staff services on a month-to-month basis for a term not to extend beyond July 21, 2006.

 

DISCUSSION

 

Since its inception, TIDA has not had any direct employees, except for an Executive Director during a period from 2004 to 2005.  From 1998-2004, TIDA contracted with the City of San Francisco through an agency agreement for certain City employees (the “Project Office”) to provide the staff support necessary for TIDA to fulfill its lawful purposes.

 

At TIDA’s request, on June 15, 2004, by Resolution No. 78-2004, the Agency Commission approved an Agency Agreement (“Agreement”) with TIDA under which the Project Office employees became Agency employees with limited term assignments

(“LTA”).  The Agency has labor agreements that limit the time that the Agency may retain temporary employees.  Under the Agreement, these employees continue to work on the redevelopment activities at Treasure Island, and the Agency receives full reimbursement for all of the direct and indirect costs of employing the Project Office LTA employees.  The costs of Agency employees who might assist in the implementation of the Agreement are also fully reimbursed.  The original term of the Agreement terminated on June 30, 2005.

 

On June 8, 2005, the TIDA Board requested that the Agency extend the Agreement by a term of three months, which was approved by the Agency Commission by Resolution No. 101-2005 on June 21, 2005.  On September 14, 2005, by Resolution No. 137-2005, the Agency Commission agreed to the TIDA Board’s request for another month-to-month extension for a term not to exceed six months.  On December 12, 2005, the City Controller’s Office, City Services Auditor, issued a report recommending certain staffing and organizational changes that are under review by the TIDA Board.

 

The TIDA Board has requested a third extension on a month-to-month basis not to extend beyond July 21, 2006, in order to consider and implement administrative and organizational changes.  (See Attachment.)  The Agency has provided all Project Office LTA employees with written notice that their temporary employment will end upon the expiration of the Agreement.  As with the first amendment, the Agreement provides the Agency Executive Director with the authority to take appropriate action to facilitate the orderly transition of employment for the Project Office LTA employees as mutually agreed by the TIDA Board and the Agency.  Agency staff met with Local 21 and Local 790, which are the collective bargaining unit representatives for the Project Office LTA employees.  Neither union objects to the extension of the Agency Agreement.

 

 

 

 

Originated by Joanne Sakai, Deputy Executive Director,

Community and Economic Development

 

 

 

 

                                                                        Marcia Rosen

                                                                        Executive Director

 

 

Attachment – TIDA Resolution No. 06-16-03/08

 


 

 

 

 

RESOLUTION NO.  36-2006

 

 

 

AUTHORIZING A THIRD AMENDMENT TO THE AGENCY AGREEMENT WITH THE TREASURE ISLAND DEVELOPMENT AUTHORITY,

A PUBLIC BODY, CORPORATE AND POLITIC, FOR THE PROVISION OF AGENCY STAFF SERVICES TO THE TREASURE ISLAND DEVELOPMENT AUTHORITY ON A MONTH-TO-MONTH BASIS FOR A TERM NOT TO EXTEND BEYOND JULY 21, 2006, AND AUTHORIZING OTHER ACTIONS PROPERLY RELATED THERETO

 

 

BASIS FOR RESOLUTION

 

  1. et seq., and, in the case of the Authority, under the Treasure Island Conversion Act of 1997, Stats. 1997, ch. 898 (amending Section 33292.5 of the Health and Safety Code and adding Section 2.1 to Chapter 1333 of the Statutes of 1968).

 

  1.   Health and Safety Code Section 33126.

 

  1.   Health and Safety Code Section 33220.

 

  1. Until 2004, the Authority did not directly employ its own staff, but rather had an agency agreement with the City whereby it used certain City employees to provide the staff support necessary to fulfill its redevelopment purposes related to the planning, reuse, and conversion of the former Treasure Island Naval Station.

 

  1. In 2004, the Authority directly hired its Executive Director, but asked the Agency to enter into an Agency Agreement (“Agreement”) under which existing City employees in the Treasure Island Project Office would become temporary Agency employees with limited term assignments of one year (“Project Office LTA Employees”).

 

  1.   Under the Agreement, these employees continue to work on the redevelopment activities at Treasure Island, and the Agency receives full reimbursement for all of the direct and indirect costs of employing the Project Office LTA Employees, including the costs of other Agency employees who might assist in the implementation of the Agreement.

 

  1. The Agreement provides that the Project Office LTA Employees are subject to the Agency’s Personnel Policy, job classifications, applicable labor agreements, and organizational structure and that the rights of these employees will not adversely affect the rights of any other Agency employee.

 

  1. The Agency has labor agreements that limit the time that the Agency may retain temporary employees.

 

  1. The Agreement requires the Project Office LTA Employees to continue to comply with the Authority’s Bylaws and other rules, principles, and laws applicable specifically to the Authority.

 

  1. The Agreement requires the Authority to indemnify the Agency for any liabilities arising from the performance of the Agreement, requires the Authority to provide quarterly advance payments to the Agency of the estimated costs associated with the Agreement’s implementation and limited the initial term of the Agreement to one year, with termination by either party on sixty days’ notice.

 

  1.   The Agreement, as amended, expired on September 30, 2005.  On September 20, 2005, by Resolution No. 137-2005, at the Authority’s request, the Agency, authorized a Second Amendment to the Agreement to extend the term for an additional 6 months so that the Authority could continue to analyze the long term options for an administrative structure.

 

  1. On October 12, 2005, the Authority requested that the City Controller’s Office, City Services Auditor, conduct an audit of the Authority’s operations, including an analysis of the Authority’s current staffing to identify alternate methods for accomplishing key functions.

 

  1.   The President of the Authority’s Board of Directors established a subcommittee to review the Controller’s staffing and organizational recommendations and make further recommendations to the Authority.  The Authority’s Board of Directors is expected to make decisions regarding its administrative structure following issuance of the subcommittee report.

 

  1. The Authority has complied with the terms and conditions of the existing Agreement.

 

  1. On March 8, 2006, the Authority’s Board of Directors requested that the Agency extend the Agreement and adopted Resolution No. 06-16-03/08 approving a month-to-month extension of the Agreement for a period not to extend beyond July 21, 2006, under the same terms and conditions of the current Agreement to provide the Authority with sufficient time to make decisions about and implement any changes to the Authority’s administrative structure.

 

  1. The Agency has provided all Project Office LTA Employees with notice, per individualized Personnel Action Forms, that their temporary employment will terminate upon the expiration of the Agreement.

 

 

RESOLUTION

 

ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that:  (1) the Executive Director is authorized to enter into the Third Amendment to the Agency Agreement with the Treasure Island Development Authority on a month-to-month basis for a term not to extend beyond July 21, 2006, substantially in the form lodged with the Agency General Counsel; and (2) the Executive Director is authorized to take appropriate action, in cooperation with the Authority, to provide for the orderly transition of Project Office LTA Employees to a new administrative structure, including, but not limited to, allowing these employees, at their election, to roll over accrued and unused sick leave, vacation leave, and any other category of accrued and unused leave time mutually agreed upon by the Authority and Agency, subject to the limitations of state and federal law.

 

 

APPROVED AS TO FORM:

 

 

 

_________________________

James B. Morales

Agency General Counsel