November 01, 2010 Regular Meeting
MINUTES Regular Meeting November 1, 2010 2:00 p.m. ROOM 400, CITY HALL CALL TO ORDER 2:02 p.m. ROLL CALL President E. Dennis Normandy Present Vice President Donald A. Casper Present Commissioner Morgan R. Gorrono Present Commissioner Lisa Seitz Gruwell Present Commissioner Mary Y. Jung Present President E. Dennis Normandy presided. REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION AND WHICH IS NOT APPEARING ON TODAY’S AGENDA None. APPROVAL OF MINUTES Regular Meeting of October 18, 2010 Action: Approve. (Vote of 5 to 0)
0349-10-8 Review of request for approval of proposed personal services contracts. (Item No. 5)
PSC# Department Amount Type of Service Type of Approval Duration 4041-10/11 Airport Commission $225,000 The vendor will provide software development for the SAFE software, an identity management system that interfaces with SFO’s multiple physical access control security systems. Proposed modules will assist the Airport in managing the Airport ID Media Badge Program: Visitor ID Media, Vehicle Permits, SAFE Analytics, Invoice Transactions, and others as deemed necessary. Proposed software development includes networking specialized printers used for ID Media Badge Program. Regular 10/31/13 4042-10/11 Airport Commission $700,000 Provide as needed pavement assessment services in accordance with Federal Aviation Administration’s (FAA) Advisory Circular (AC 150/5370), including but not limited to plant mix bituminous pavements (Item P-401) subject to Aircraft loading, data review, and analysis of pavement reports; consultation with other pavement and geotechnical consultants; performance of pavement engineering analysis; review of existing and proposed pavements; preparation of reports and recommendations; performance of recommended further studies; and to provide expertise in the analysis of special problems pertaining to the design and construction of pavements at the Regular 11/30/15 4043-10/11 Emergency Management $220,000 Contractor will revise the Bay Area Homeland Security Strategy, Conduct risk and capability assessments for the Bay Area, and provide technical assistance with Federal Emergency Management Agency data calls and investment justifications. Regular 03/31/12 4044-10/11 Municipal Transportation Agency $2,500,000 The SFMTA requires the services of a contractor to provide comprehensive investigative services on workers' compensation claims arising out of employment or in the course of employment. Investigative services include: written and recorded statements; background investigations; forms and releases; medical records retrieval; subrogation investigations; medical facility canvassing; database and online research; surveillance; investigators' court appearances; and the acquisition, storage and accessibility of video documentation. All services must make use of current technologies to the extent possible. Regular 11/14/15 4045-10/11 Public Health $200,000 The contractor will provide implementation and support services for the Hill-Rom NaviCare WatchChild application to be installed and used by Regular 06/30/16 4046-10/11 Public Works $3,000,000 The Consultant will provide as-needed hazardous materials surveys and work plans, third-party oversight, and industrial hygiene services on City projects involving the abatement of asbestos, lead and other hazardous materials on property owned, operated and/or maintained by the City and Regular 10/01/16 4047-10/11 Recreation & Parks $205,000 To provide planning, schematic design, and community design meeting facilitation and outreach for Mission Dolores Park. This work will include cost estimating, multiple design options, and coordination through the design phase with RPD and DPW staff. Regular 04/01/11 4048-10/11 Recreation & Parks $500,000 The San Francisco Recreation and Park Department (RPD) is in need of a third party environmental consultant to complete environmental analyses for the Beach Chalet Athletic Fields Renovation. The objective of the environmental analysis services is to satisfy the requirements of the California Environmental Quality Act (CEQA), the CEQA Guidelines, National Environmental Policy Act (NEPA), the San Francisco Administrative Code Chapter 31, and applicable local, State, and Federal regulatory requirements. Regular 11/15/13 4049-10/11 Public Utilities Commission $0 Coordination and development of work plan; environmental document scoping; environmental background studies; alternatives analysis; preparation of draft environmental document(s); public review of draft environmental document; response to public comments; preparation of final environmental document(s); acquisition of regulatory permits and agency approvals as necessary; and, preparation of a mitigation monitoring plan. These services are currently being provided under SFPUC Contract No. CS-746, which needs to be amended for time only. Regular 06/30/11 4163-09/10 Human Rights Commission Increase Amount $744,665 New Amount $1,594,665 The City's Bonding and Financial Assistance Program (S.F. Admin Code, Chapter 14B) provides guarantees to private bonding companies and financial institutions to induce those entities to provide bonding and financing to eligible HRC-certified contractors bidding on City public works and construction contracts. HRC seeks a contractor to administer this program and provide training and technical assistance to eligible contractors, including bond application assistance and assistance in developing financial statements and pre-bond surety profiles. Additional services include coordinating guarantee requests to the City, and maintaining records on the use and effectiveness of the program. Modi- fication 09/30/13 4088-09/10 Public Utilities Commission Increase Amount $100,000 New Amount $200,000 The SFPUC is seeking to modify the Community Benefits Program agreement to provide the SFPUC Commission with a recommended course of action to ensure that the diverse communities/stakeholders affected by SFPUC-sponsored construction programs are benefiting in areas, including, but not limited to: Employment and Job Training; Environmental, Physical, and Social Improvements, and Business Development, including assisting small businesses with securing and sustaining bonding, financing, and insurance requirements. During the course of this agreement, the Board of Supervisors conducted several extensive hearings regarding Employment and Job Training issues which required additional assistance from the Community Benefits Program consultants. This modification seeks to fund the completion of the consultants' work culminating in presentation(s) before the Public Utilities Commission and ultimately in a final report. Modi- fication 03/01/11 4003-08/09 Children & Families Commission Increase Amount $70,000 New Amount $233,699 Will provide science curriculum enhancement services to Preschool for all sites throughout all neighborhoods of Modi- fication 06/30/11
Speakers: Cynthia Avakian and Kim Dickie, Airport Commission spoke on PSC #4041-10/11. Cynthia Avakian and Stan Palatnikov, Airport Commission spoke on PSC #4042-10/11. Neal Taniguchi, Department of Emergency Management spoke on PSC #4043-10/11. Dan Roach, Municipal Transportation Agency spoke on PSC #4044-10/11. Larry Wong, IFPTE Local 21 and Stanley DeSouza, Department of Public Works spoke on PSC #4046-10/11. Sean McFadden, Recreation and Park Department spoke on PSC #4048-10/11. Larry Wong, IFPTE Local 21 spoke on PSC #4049-10/11. Aleric Degrafinried and Zula Jones, Human Rights Commission and Larry Wong, IFPTE Local 21 spoke on PSC #4163-09/10. Prentiss Jackson, Public Utilities Commission spoke on PSC #4088-09/10.
Action: (1) Adopt the report; Approve request for proposed PSC #4046-10/11 on the conditions that (1) Department of Public Works/Bureau of Construction Management (DPW/BCM) has scheduled forty-two of its employees to take the HAZWOPER refresher training course in December 2010; (2) DPW will provide training for at least eight (8) employees for the HAZWOPER (either the 24-hour or the 40-hour) course during the next three years; and (3) All training will be funded from departmental or bureau training budget, if available. Notify the Office of the Controller and the Office of Contract Administration. (Vote of 5 to 0) (2) Adopt the report; Approve request for proposed PSC #4163-09/10 on the conditions that (1) the Human Rights Commission and IFPTE Local 21 will engage in good faith discussions concerning the suitability of portions of the contracted work to be performed by civil service classifications; and (2) should an agreement be reached between the Human Rights Commission and IFPTE Local 21 regarding an allocation of work, that the parties return to the Commission with a request for reopening this approval. Notify the Office of the Controller and the Office of Contract Administration. (Vote of 5 to 0) (3) Adopt the report; Approve request for all remaining proposed personal services contracts. Notify the Office of the Controller and the Office of Contract Administration. (Vote of 5 to 0)
0350-10-1 Proposed Civil Service Commission Meeting Schedule for Calendar Year 2011. (Item No. 6) Speakers: None. Action: Adopt. (Vote of 5 to 0)
0314-10-4 Appeal by Joseph Engler on the rejection of his application for the Q-80 Captain examination due to not meeting the minimum qualifications. (Item No. 7) October 18, 2010: Postpone to the meeting of November 1, 2010 at the request of Joseph Engler. Speakers: Anita Sanchez, Executive Officer Joseph Engler, Appellant Alice Villagomez, San Francisco Police Department Action: Grant the appeal; Allow Joseph Engler to participate in the Q-80 Captain examination of November 16, 2010 and he be placed under waiver until the completion of his probationary period as a Q-60 Lieutenant, at which time he will be eligible for consideration for appointment to the Q-80 Captain position. This Commission action only applies to this appeal and in no
way intends to set a precedent for decisions on future examination appeals. (Vote of 4 to 1; Vice President Donald A. Casper dissents) Note: Pursuant to Commission Rule 205.6, Vice President Donald A. Casper stated that his reason for dissenting is as follows: This matter comes before the Commission as an appeal from an action of the Human Resources Director in excluding Lieutenant Engler from the upcoming examination for Q-80 Captain by reason that he did not meet the minimum qualification of one year of service as a permanent civil service Q-60 Lieutenant. This matter does not come before the Commission as an appeal of a claim of discrimination. Under the seventh paragraph of Charter Section 10.101, this Commission, in providing a remedy in a discrimination appeal may in effect suspend the civil service provisions of the Charter and, by extension, our own Civil Service Commission Rules. However, nothing in the Charter and nothing in our Civil Service Commission Rules allows us to suspend any rule in matters other than discrimination appeals. Here, the argument has been made that the admittedly sorry delays in the processing of Lieutenant Engler’s two previous appeals before this Commission resulted in a delay in his appointment as Lieutenant, and so made him unable to meet the minimum qualifications set forth in the examination announcement for the upcoming Q-80 Captain’s examination. Delay, however unfortunate it may have been, does not of itself allow us to depart from our Civil Service Commission Rules. Our rules entrust the Director of Human Resources with the authority to set minimum qualifications which applicants must meet in order to take civil service examinations. The Director has done that for the upcoming Q-80 exam. In previous matters, this Commission has been very careful to enforce compliance with minimum qualifications requirements. Indeed it might be said that the contents of examination announcements, including minimum qualifications, comprise a special civil service rule for that examination and for that selection process. Today, however, the Commission has in effect suspended the minimum qualification provisions of our Civil Service Commission Rules and the particular minimum qualification provisions of the announcement for the upcoming Q-80 examination. There is no warrant in the Charter or in our Civil Service Commission Rules for this action. While I understand why a majority of this Commission has voted to order the admission of Lieutenant Engler to the Q-80 examination, and while I wish him well in the examination, I yet cannot vote with the majority.
0119-10-7 Determination of future employability: Dismissal of permanent exempt appointment of Leticia Dixon, Secretary II (Job Code 1446) with the Department of Children, Youth and Their Families. (Item No. 9) September 20, 2010: Postpone to the meeting of October 4, 2010. October 4, 2010: Postpone to the meeting of October 18, 2010 at the request of the Department of Human Resources. October 18, 2010: The Commission directed that the appeal hearing be conducted at the meeting of November 1, 2010. Notify all parties. Speakers: Jennifer Johnston, Department of Human Resources Action: Adopt the Human Resources Director’s decision to rescind the future employment restrictions imposed on Leticia Dixon as an exempt Class 1446 Secretary II with the Department of Children, Youth and Families. Leticia Dixon failed to appear. (Vote 4 to 1; Vice President Casper dissents.)
COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS (Item No. 9) None. ADJOURNMENT (Item No. 10) 5:18 p.m.
