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MINUTES

Regular Meeting

July 6, 2009

2:00 p.m.

ROOM 400, CITY HALL

1 Dr. Carlton B. Goodlett Place

CALL TO ORDER

2:16 p.m.

ROLL CALL

President Morgan R. Gorrono		Not Present
Vice President E. Dennis Normandy		Present
Commissioner Joy Y. Boatwright		Present
Commissioner Donald A. Casper		Present
Commissioner Mary Y. Jung		Present (Left at 3:57 p.m.; Missed Items 18 & 19)

Vice President E. Dennis Normandy presided.

PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA

None.

APPROVAL OF MINUTES

Regular Meeting of June 15, 2009

Action:	Approve. (Vote of 4 to 0)

0211-09-1	Presentation of Appreciation to Commissioner Donald A. Casper for his service as President of the Civil Service Commission from June 3, 2008 to June 1, 2009. (Item No. 5)

	Speakers:	Vice President E. Dennis Normandy.

	Action:	Adopt. (Vote of 4 to 0)

0175-09-8	Review of request for approval of proposed personal services contracts. (Item No. 6)

PSC#	Department	Amount	Type of Service	Type of Approval	Duration
4155-08/09	Public Utilities Commission	$200,000	Will design, permit, supply, install and commission three (3) fully integrated and operational solar PV systems with the following rated capacities and locations: a minimum of 100 kW at City Hall and min. of 214 KW at Davies Symphony Hall.	Regular	06/30/10

	June 1, 2009:	(1) Postpone PSC #4153-08/09 to the meeting of June 15, 2009 by mutual agreement of the Airport Commission and IFPTE Local 21 to meet and attempt to resolve their issues with no further continuances. (2) Postpone PSC #4155-08/09 to the meeting of June 15, 2009 at the request of the Public Utilities Commission.

	June 15, 2009:	Postpone PSC #4155-08/09 to the meeting of July 6, 2009. Public Utilities Commission to provide correct classes in 3B to the Commission.

	Speakers:	David Scott, Public Utilities Commission

	Action:	Adopt the Human Resources Director’s report. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)

0193-09-8	Review of request for approval of proposed personal services contracts. (Item No. 7)

PSC#	Department	Amount	Type of Service	Type of Approval	Duration
4162-08/09 *Postpone to 7/20/09*	Public Utilities Commission	$9,000,000	Will provide specialized and technical as-needed services in the areas of water supply, storage, and transport services; water quality services; water treatment services; watershed management services; and enterprise operations and mgmt. Services.	Regular	09/01/14
4073-05/06	Controller	Increase Amount $3,000,000 New Amount $7,500,000	Will perform specialized audit, analytical and technical assistance consulting and training services to maximize the effectiveness of the Controller’s Office City Services Auditor function.	Modi- fication	06/30/13

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

4162-08/09

Postpone to 7/20/09

Public Utilities Commission

$9,000,000

Will provide specialized and technical as-needed services in the areas of water supply, storage, and transport services; water quality services; water treatment services; watershed management services; and enterprise operations and mgmt. Services.

Regular

09/01/14

4073-05/06

Controller

Increase Amount

$3,000,000

New Amount

$7,500,000

Will perform specialized audit, analytical and technical assistance consulting and training services to maximize the effectiveness of the Controller’s Office City Services Auditor function.

Modi-

fication

06/30/13

	June 15, 2009:	(1) Postpone PSC #4162-08/09 to the meeting of July 6, 2009 at the request of the Public Utilities Commission. (2) Postpone PSC #4073-05/06 to the meeting of July 6, 2009. The Office of the Controller to provide correct classes that normally perform the work (3B).

	Speakers:	Esther Reyes, Office of the Controller spoke on PSC #4073-05/06.

	Action:	(1) Postpone PSC #4162-08/09 to the meeting of July 20, 2009 at the request of the Public Utilities Commission. (Vote of 4 to 0) (2) Adopt the Human Resources Director’s report on PSC #4073-05/06. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)

0212-09-8	Review of request for approval of proposed personal services contracts. (Item No. 8)

PSC#	Department	Amount	Type of Service	Type of Approval	Duration
4000-09/10	Mayor’s Office of Housing	$180,000	Will provide processing title changes for below market rate condominium conversion low/moderate income homeowners according to precise instructions from the City and County of San Francisco.	Regular	06/30/11
4001-09/10	Municipal Transportation Agency	$350,000	Will provide on-site back strengthening, employee exercise, education and Wellness Program Services for Municipal Railway and Department of Parking and Traffic employees.	Regular	06/30/12
4002-09/10	Juvenile Probation	$320,000	Will provide intensive training and coaching for Log Cabin Ranch and other JPD staff using the Missouri Model which was developed by the Contractor. The Missouri Model is the nationally recognized best practice in programming and operations.	Regular	06/30/12
4003-09/10	Port	$600,000	Will provide final engineering design and construction observation for proposed 25-foot wide by 800-foot public promenade structure and seawall repair in the Fisherman’s Wharf area between Piers 43 and 45.	Regular	09/30/12
4004-09/10	Port	$3,000,000	Will issue a RFQ to establish a new pool of consulting teams, specializing in environmental services to provide timely and efficient consulting assistance in meeting environmental and regulatory requirements associated with Port capital project development.	Regular	10/01/14
4005-09/10	Department of Public Works	$90,000	Provide independent structural design peer review services for the SFPUC new administration building, which has a unique and unconventional structural system solution.	Regular	06/15/10
4006-09/10	Department of Public Works	$7,000,000	Will provide monitoring of the materials and workmanship of all work that is critical to the integrity of a building structure to ensure compliance with the approved plans and specifications for the SF General Hospital (SFGH) Rebuild Project (SFGHRP).	Regular	12/31/16
4007-09/10	Department of Public Works	$300,000	Will award one contract for a three year period, up to $100,000 per fiscal year based on the availability of funds. This contract is for the purpose of sidewalk and gutter cleaning in the Tenderloin District area.	Regular	06/30/12
4008-09/10 *Postpone to 7/20/09*	Public Utilities Commission	$300,000	Will provide technical services to SFPUC Biofuel Program, including program development for SF Greasecycle, research legal and regulatory compliance issues relating to biodiesel use and use of “tolling agreements”.	Regular	12/31/12
4009-09/10 *Postpone to 7/20/09*	Recreation and Parks	$80,000	Will provide full design services for skate elements of the Waller Street Skate Park. This includes all services necessary for schematic phase, design development, and participation in presentations to stakeholders.	Regular	08/01/11
4010-09/10 *Postpone to 7/20/09*	Recreation and Parks	$400,000	Will provide complete outreach services for the 2008 Clean and Safe Neighborhood Parks Bond projects. This includes all services necessary to design a comprehensive community outreach program for selected projects.	Regular	06/30/14
4011-09/10	District Attorney	$90,000	Will provide services to women and transgender individuals who have experienced sexual exploitation and violence and professional services coordination monthly FOPP classes as a diversion model for men arrested for their first prostitution offense.	Regular	06/30/10
4185-06/07	Human Resources	Increase Amount $0.00 New Amount $4,500,000	Will administer health plan membership and health care for eligible SEIU temporary exempt “as-needed” employees.	Modi- fication	06/30/11
4089-06/07	Public Utilities Commission	Increase Amount $1,000,000 New Amount $3,000,000	Will provide Right of Way (ROW) Acquisition services which include easements, permits and other title material; obtaining permits to enter, ROW clearance, appraisal services; and negotiation and acquisition services.	Modi- fication	06/30/12
4196-06/07	Department of Technology	Increase Amount $1,000,000 New Amount $2,000,000	Will assist DTIS cabling staff during peak periods of cabling projects. Contractor will perform basic telecommunication cabling work for different installation types. Work requires pulling cable, termination, labeling, testing and necessary prep.	Modi- fication	08/31/10
4076-07/08 *Postpone to 7/20/09*	Children and Families Commission	Increase Amount $300,000 New Amount $475,000	Will provide online data system development and implementation to enable routine updates and create multiple reports.	Modi- fication	07/01/11

	Speakers:	Oliver Hack and Astrid Zometa, Mayor’s Office of Housing spoke on PSC #4000-09/10. Martha Johnson, Municipal Transportation Agency spoke on PSC #4001-09/10. Norma Nelson, Steven Reed and Kim Von Blohn, Port of San Francisco spoke on PSC #4003-09/10. Norma Nelson and Kim Von Blohn, Port of San Francisco spoke on PSC #4004-09/10. Brook Mebrahtu, Department of Public Works spoke on PSC #4005-09/10. Joe Chin, Department of Public Works and Ging Louie, IFPTE Local 21 spoke on PSC #4006-09/10. Illeana Samanc, Department of Human Resources spoke on PSC #4185-06/07.

	Action:	(1) Postpone PSC #4008-09/10 to the meeting of July 20, 2009 at the request of the Public Utilities Commission. (Vote of 4 to 0) (2) Postpone PSC #s 4009-09/10 to the meeting of July 20, 2009 to allow a representative from the Recreation and Parks Department to be present. (Vote of 4 to 0) (3) Postpone PSC #s 4010-09/10 to the meeting of July 20, 2009 at the request of the Recreation and Parks Department. (Vote of 4 to 0) (4) Adopt the Human Resources Director’s report on PSC #4006-09/10 on the condition that the Department of Public Works and the IFPTE Local 21 report in six months on the progress of the project as it pertains to IFPTE Local 21 represented employees. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0) (5) Postpone PSC #4076-07/08 to the meeting of July 20, 2009 at the request of Children and Families Commission. (Vote of 4 to 0) (6) Adopt the Human Resources Director’s report on all remaining contracts. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)

Speakers:

Oliver Hack and Astrid Zometa, Mayor’s Office of Housing spoke on PSC #4000-09/10.

Martha Johnson, Municipal Transportation Agency spoke on PSC #4001-09/10.

Norma Nelson, Steven Reed and Kim Von Blohn, Port of San Francisco spoke on PSC #4003-09/10.

Norma Nelson and Kim Von Blohn, Port of San Francisco spoke on PSC #4004-09/10.

Brook Mebrahtu, Department of Public Works spoke on PSC #4005-09/10.

Joe Chin, Department of Public Works and Ging Louie, IFPTE Local 21 spoke on PSC #4006-09/10.

Illeana Samanc, Department of Human Resources spoke on PSC #4185-06/07.

Action:

(1) Postpone PSC #4008-09/10 to the meeting of July 20, 2009 at the request of the Public Utilities Commission.
(Vote of 4 to 0)

(2) Postpone PSC #s 4009-09/10 to the meeting of July 20, 2009 to allow a representative from the Recreation and Parks Department to be present. (Vote of 4 to 0)

(3) Postpone PSC #s 4010-09/10 to the meeting of July 20, 2009 at the request of the Recreation and Parks Department. (Vote of 4 to 0)

(4) Adopt the Human Resources Director’s report on PSC #4006-09/10 on the condition that the Department of Public Works and the IFPTE Local 21 report in six months on the progress of the project as it pertains to IFPTE Local 21 represented employees. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)

(5) Postpone PSC #4076-07/08 to the meeting of July 20, 2009 at the request of Children and Families Commission.
(Vote of 4 to 0)

(6) Adopt the Human Resources Director’s report on all remaining contracts. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)

0350-06-6	Appeal by Mark Sangervasi of the Human Resources Director’s finding of insufficient evidence to sustain his charge of discrimination. (Item No. 9)

	Speakers:	None.

	Action:	Postpone to the meeting of August 3, 2009 at the request of Mark Sangervasi. (Vote of 4 to 0)

0594-06-6	Appeal by Douglas Yep of the Human Resources Director’s finding of insufficient evidence to support his charge of disparate treatment discrimination and retaliation. (Item No. 10)

	Speakers:	None.

	Action:	Postpone to the meeting of August 17, 2009 at the request of Douglas Yep. (Vote of 4 to 0)

0037-07-6	Appeal by Douglas Yep of the Human Resources Director’s finding of insufficient evidence to support his charge of retaliation and harassment. (Item No. 11)

	Speakers:	None.

	Action:	Postpone to the meeting of August 17, 2009 at the request of Douglas Yep. (Vote of 4 to 0)

0139-09-8	Follow-Up from the Department of Public Health on Personal Services Contract Number 2012-08/09. (Item No. 12)

	April 20, 2009:	Continue to the meeting of May 18, 2009 to allow further discussions between the Department of Public Health and IFPTE Local 21.

	May 18, 2009:	Adopt the Human Resources Director’s report on PSC #2012-08/09 on the condition that the Department of Public Health report back to the Commission at the meeting of July 6, 2009 on the progress of incorporating 2819 Health Educators into the work. Notify the offices of the Controller and the Purchaser.

	Speakers:	Michael Brown, Department of Public Health Sai-Ling Chan-Sew, Department of Public Health Jacquie Hale, Department of Public Health Joe Brenner, IFPTE Local 21

	Action:	Accept and file the report. Continue to report back to the Commission in six months. (Vote of 4 to 0)

0512-07-4	Appeal by Warren Chan of his background rejection for an 8106 Legal Process Clerk position with the San Francisco Police Department. (Item No. 13)

	Speakers:	None.

	Action:	Adopt the report. Sustain the decision of the Human Resources Director; deny the appeal by Warren Chan. (Vote of 4 to 0) Mr. Chan failed to appear.

	Note:	Commissioner Casper stated that Mr. Chan is currently a 7505 Tax Technician with the State Franchise Tax Board. In that position, Mr. Chan audits tax returns and searches for dishonesty or noncompliance. It is with great gratification for Commissioner Casper to deny the appeal based on the record submitted.

0066-09-7	Appeal by Claudell Brewster of his automatic resignation as a 7514 Laborer with the Public Utilities Commission. (Item No. 14)

	Speakers:	Hope Broadus, Public Utilities Commission

	Action:	Deny the appeal by Claudell Brewster. Approve the automatic resignation. (Vote of 4 to 0) Mr. Brewster failed to appear.

	Note:	Mrs. Laura Brewster requested to postpone the hearing on behalf of her husband. The department opposed the postponement and the Commission proceeded with hearing the matter.

0065-09-7	Determination of future employability: termination-dismissal of permanent part time appointment of Antoine Oliver, Library Page (Job Code 3602), San Francisco Public Library. (Item No. 15)

	June 15, 2009:	No future employment with the San Francisco Public Library. (Vote of 2 to 1; Commissioner Boatwright dissents.) Continue to the meeting of July 6, 2009. (Three (3) votes are needed for Commission action.)

	Speakers:	Mark Vandiver, San Francisco Public Library Margot Reed, SEIU Local 1021 Donna Marion, San Francisco Public Library

	Action:	Continue to the meeting of August 17, 2009 pending the resolution of arbitration. (Vote of 4 to 0)

0187-09-7	Determination of future employability: dismissal of permanent civil service appointment of Keith Bynum, Transit Operator (Job Code 9163), Municipal Transportation Agency. (Item No. 16)

	Speakers:	Christobal Iborra, Municipal Transportation Agency Mrs. Sharon Bynum, mother of Appellant

	Action:	Postpone to the meeting of December 7, 2009 at the request of Mrs. Bynum, mother of Keith Bynum. (Vote of 4 to 0)

REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION (Item No. 17)

None.

COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS (Item No. 18)

Commissioner Casper referred to Section 114.26 of Civil Service Commission Rules regarding a requirement for the Department of Human Resources to hold an examination if there are no eligibles available for a permanent civil service appointment requested by an appointing officer for a specific class. The Rule states that the Mayor shall request and the BOS shall make supplemental appropriation if there are insufficient funds. If Rule Section 114.26 is not enforceable, should this Section be deleted? Commissioner Casper further stated that in 2005, he brought to the attention of the Department of Human Resources that Civil Service Commission Rules 107, 307 and 407 relating to the Employer-Employee Relations Ordinance were outdated in several respects. He especially pointed out that in 2002, that PERB (Public Employee Relations Board) began to oversee charges of unfair labor practice. Commissioner Casper stated that in Rules Volume II applicable to the Uniformed Ranks of the Police Department, there was nothing with respect to the resolution of unfair labor practices charges. It is now we are aware that PERB does not apply to peace officers, whether uniformed or not. The Rules were also out of date because they relied on and incorporated provisions of the State Administrative Procedure Act which have been repealed and replaced in 1995. He asked that the Department of Human Resources take a look at these issues. Vice President Normandy requested that the Department of Human Resources prepare a written report to be calendared in 60 days.

ADJOURNMENT (Item No. 19)

4:05 p.m.

Meeting Information