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AMENDED
MINUTES
Regular Meeting
March 17, 2008
2:00 p.m.
ROOM 400, CITY HALL
1 Dr. Carlton B. Goodlett Place
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CALL TO ORDER
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2:03 p.m.
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ROLL CALL
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President Alicia D. Becerril
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Not present (Notified absence)
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Vice President Donald A. Casper
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Present
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Commissioner Morgan R. Gorrono
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Present (Left at 2:55 p.m. Missed Item
#s 7,9,10 & 11)
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Commissioner Mary Y. Jung
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Present
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Commissioner Yu-Yee Wu
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Present
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Vice President Donald Casper presided.
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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Lois Scott, IFPTE Local 21 asked for clarification on when she should speak on
Item #7.
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APPROVAL OF MINUTES
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Regular Meeting of February 19, 2008
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March 3, 2008:
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Postpone to the meeting of March 17, 2008.
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Action:
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Approve. (Vote of 3 to 0; Commissioner Gorrono recused at the meeting of March 3, 2008. Vote of 3 to 0)
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Regular Meeting of March 3, 2008
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Action:
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Approve. (Vote of 3 to 0; Commissioner Wu recused.
Vote of 4 to 0)
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0121-08-8
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Review of request for approval of proposed personal services contracts.
(Item No. 5)
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PSC#
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Department
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Amount
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Type of Service
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Type of Approval
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Duration
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4109-07/08
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Environment
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$1,500,000
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Will provide professional technical assistance for program development and implementation of the Toxics Reduction and Zero Waste programs.
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Regular
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06/30/14
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4110-07/08
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Department of Children, Youth & Their Families
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$687,500
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Will provide production and distribution of unitized meals to the children and youth enrolled in the 2008 Mayor’s Summer Food Service Program.
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Regular
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08/15/08
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4111-07/08
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Arts Commission
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$4,000,000
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Will provide contracts for multiple artists to design, fabricate, transport and install artworks at SF International Airport as part of the capital projects at the Airport, including the renovation of Terminal 2, and the construction of the Terminal 3.
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Regular
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07/31/13
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4112-07/08
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Planning Department
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$130,000
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Will perform a detailed analysis of pedestrian spaces in two SF neighborhoods: Fisherman’s Wharf and the Mission. The work will primarily entail a detailed analysis of the existing built environment and public life conditions.
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Regular
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12/31/09
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4113-07/08
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Municipal Transportation Agency (MTA)
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$1,200,000
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Will implement the AB101 mandate that enforces parking violations in specified transit only traffic lanes through the use of video image evidence.
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Regular
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01/01/12
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4114-07/08
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Municipal Transportation Agency (MTA)
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$5,000,000
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Will provide transit service related to the San Francisco Municipal Transportation Agency’s (SFMTA’s) implementation phase of the Transit Effectiveness Project (TEP).
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Regular
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03/01/10
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4115-07/08
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Department of Public Health
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$828,000
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Will provide year round 24 hour 7 day a week access to telephone interpreters for San Francisco General Hospital, the Public Health Centers, Laguna Honda Hospital, Health at Home and other Department locations.
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Regular
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12/31/13
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4116-07/08
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Department of Public Health
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$0.0
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Will provide retroactive electronic claims submissions to Medi-Cal, Medicare and commercial insurance payers and processing of those claims for the Community Health Network (CHN).
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Regular
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06/30/14
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1009-06/07
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Health Service System
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Increase Amount
$250,000
New Amount
$672,055
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Will provide health benefit plan actuarial and consulting service. Services will include developing rates; consulting with HSS staff; conducting studies of alternative healthcare plans; and developing an estimated budget for all core benefit services.
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Annual
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06/30/09
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4085-07/08
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Public Utilities Commission
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Increase Amount
$1,100,000
New Amount
$2,000,000
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Will provide as-needed reference laboratory testing of drinking water, wastewater, groundwater, soils, sediments, solids, hazardous waste, and biota (tissues).
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Regular
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06/30/12
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Speakers:
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Mark Westlund, Department of the Environment spoke on
PSC #4109-07/08.
September Jarrett and Artina Lim, Department of Children, Youth & Their Families spoke on PSC #4110-07/08.
Elaine Forbes and Neil Hrushowy, Planning Department spoke on PSC #4112-07/08.
Virgil Dennis, Municipal Transportation Agency spoke on PSC #4113-07/08.
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Ashish Patel, Municipal Transportation Agency spoke on
PSC #4114-07/08.
Gladys Solivan and David Dao, Department of Public Health spoke on PSC #4115-07/08.
Robin Courtney, Health Service System and Steve Ponder, Department of Human Resources spoke on PSC #1009-06/07.
David Scott and Jagan Samudrala, Public Utilities Commission spoke on PSC #4085-07/08.
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Note:
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Vice President Donald Casper presented the following statement regarding PSC #4110-07/08: In passing upon personal services contracts, the basic test employed by this Commission is whether the proposed services “are of such a nature that they could be performed by one selected under the provisions of civil service.” (State Compensation Ins. Fund v. Riley (1936) 9 Cal.3d 126, 135.) The restriction on contracting out the City’s work is not found in any express provision of the Charter. “Rather, it emanates from an implicit necessity for protecting the policy of the organic civil service mandate against dissolution and destruction.” (California State Employees’ Assn. v. Williams (1970) 7 Cal.App.3d 390, 397.) That is the basis for this Commission’s jurisdiction with respect to personal services or outsourcing contracts.
Here, the proposed services are to be performed by classified or non-certified employees of the San Francisco Unified School District to implement the Mayor’s 2008 Summer Food Service Program. The Department of Children, Youth and Their Families seeks approval of a contract with the School District for the preparation of daily lunches by District personnel employed in food service classifications, including 2604 Food Service Worker, 2618 Food Service Supervisor, and 2650 Assistant Cook.
As provided by Section 45318 of the State Education Code, classified or non-certificated personnel of the San Francisco Unified School District are employed pursuant to the merit system provisions of the City Charter. They are subject to the control of this Commission and, as such, are members of the City’s classified civil service. (Evans v. San Francisco Unified School Dist. (1989) 209 Cal.App.3d 1478, 1481.)
Therefore, not only will the services rendered under the proposed Summer Food Service Program contract with the School District be of a nature that they could be performed by members of the City’s classified civil service. The services will in fact be performed by them. The integrity of the merit system will not be endangered. In my opinion, it was unnecessary to have brought this contract to this Commission for review. The Department of Children, Youth, and Their Families recognizes my position in this regard. It has submitted the contract to this Commission to escape a procedural, no, bureaucratic knot in the Controller’s office. I vote to approve the contract only to assist the Department in achieving the contract’s purpose. While civil service time may be measured in very long increments, life is still too short.
The Executive Officer informed the Commission that she advised the Department to submit the PSC request for approval by the Commission. In the event the Department does not use School District civil service personnel, the approval is in place and there is no delay in providing the service.
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Action:
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Adopt the Human Resources Director’s report. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)
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0099-08-1
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Secondary Criteria for Q – 60 Police Lieutenant, San Francisco Police Department. (Item No. 6)
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March 3, 2008:
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(1) Postpone to the meeting of March 17, 2008.
(Vote of 2 to 1; Commissioner Casper dissents.)
(2) Accept the recommendation of the Human Resources Director and approve the proposed secondary criteria for
Q – 60 Police Lieutenant. (Vote of 2 to 1; Commissioner Gorrono dissents.)
(3) Three votes are needed for Commission action; therefore, the item is continued to the meeting of March 17, 2008.
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Speakers:
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None.
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Action:
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Postpone to the meeting of April 7, 2008. (Vote of 4 to 0)
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0115-08-4
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Appeal by Lois H. Scott of the Position-Based Testing job announcement for 0932 Manager VI CIP Program Service Manager (PBT-0941-53190). (Item No. 7)
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Speakers:
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Jennifer Johnston, Department of Human Resources
Lois Scott, IFPTE Local 21
Pat Pendergast, Public Utilities Commission
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Action:
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Postpone to the meeting of April 7, 2008. (Vote of 3 to 0)
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0829-06-7
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Determination of future employability: permanent appointment of Leo McFadden, Senior Building Inspector (Job Code 6333) Department of Building Inspection. (Item No. 8)
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Speakers:
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None.
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Action:
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Postpone to the meeting of April 21, 2008 at the request of Stewart Weinberg, Attorney for Leo McFadden.
(Vote of 4 to 0)
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION (Item No. 9)
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Brian Garrett inquired on the status of his pending appeal and when he could expect a hearing.
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS (Item No. 10)
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Commissioner Wu inquired on the status of a previous request for a report on the policies and procedures governing the timelines for hearing appeals after they are received.
Vice President Casper inquired on how sick leave language in the Leaves of Absence Rule is interpreted by departments and use of restrictions.
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ADJOURNMENT (Item No. 11)
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3:48 p.m.
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