July 18, 2011 Regular Meeting
MINUTES
Regular Meeting
July 18, 2011
2:00 p.m.
ROOM 400, CITY HALL
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CALL TO ORDER |
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2:10 p.m. |
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ROLL CALL |
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President E. Dennis Normandy |
Present |
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Vice President Donald A. Casper |
Present |
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Commissioner Morgan R. Gorrono |
Present |
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Commissioner Mary Y. Jung |
Not Present (excused absence) |
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Commissioner Lisa Seitz Gruwell |
Present |
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President E. Dennis Normandy presided. |
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION AND WHICH IS NOT APPEARING ON TODAY’S AGENDA |
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He also called for an investigation into the alleged use of City funds to lobby and campaign for a ballot initiative. |
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APPROVAL OF MINUTES |
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Regular Meeting of June 20, 2011 |
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Action: |
Postpone to the meeting of August 1, 2011. (Vote of 4 to 0) |
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HUMAN RESOURCES DIRECTOR’S REPORT (Item No. 5) |
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Prior to giving her report, the Human Resources Director assured the taxpayers and the Commission that there has been no use of public funds for any illegal lobbying by her or her staff. The Human Resources Director informed the Commissioners that the 7208 Heavy Equipment Operations Supervisor’s eligible list was adopted but now has been rescinded because of protests that were filed. A review determined that the benchmark scoring key was too broad and lacked specificity and insufficient linkages between knowledge, skills and abilities tested and the questions. She also informed the Commissioners about the upcoming 8444 Deputy Probation Officers examination. Since a large number of applicants are anticipated, a pre-screening orientation will be on JobAps to inform the applicants of the skills needed for the position and to assist the applicants in determining their interest in the position. |
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EXECUTIVE OFFICER’S REPORT (Item No. 6) |
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The Executive Officer reported that AB 455 is now at the Governor’s desk. The Mayor, as well as the California State of Association of Counties (CSAC) and Urban Counties Caucus (UCC) have sent letters urging the Governor to veto the legislation. She also informed the Commissioners that she will be drafting a letter in response to the Civil Grand Jury Report on Hiring Practices Findings and Recommendations for the Commissioners to review at the meeting of August 1, 2011. She requested comments and input from the Commissioners. The Civil Grand Jury must receive the response by August 15, 2011. |
0188-11-8 |
Review of request for approval of proposed personal services contracts. |
PSC# |
Department |
Amount |
Type of Service |
Type of Approval |
Duration |
2000-11/12 Postpone to August 1, 2011 |
Health Services System |
$107,735 |
Administer COBRA (Consolidated Omnibus Budget Reconciliation Act) benefits for eligible resigned, laid off and separated members of the Health Service System. Services include providing required initial COBRA notice, enrolling eligible individuals, and conducting open enrollment for COBRA enrollees. |
Annual |
06/30/12 |
2001-11/12 Postpone to August 1, 2011 |
Health Services System |
$112,000 |
Administration of the Management Cafeteria Plan for eligible members including communications, enrollment processing, third-party vendor manage-ment, premium reconciliation and payment to applicable vendors. |
Annual |
06/30/12 |
2002-11/12 Postpone to August 1, 2011 |
Health Services System |
$156,000 |
Administer the Medical and Dependent Care Flexible Spending Account programs for eligible CCSF employees. Services include maintaining required IRS tax reporting records, sending quarterly account statements and adjudicating claims for reimbursement within IRS guidelines. |
Annual |
06/30/12 |
2003-11/12 Postpone to August 1, 2011 |
Health Services System |
$500,000 |
Provide health benefit plan actuarial and consulting services as require by City Charter. Services include developing rates; performing prospective review and analysis of rates against actual experience; conducting studies of alternative healthcare plans; calculating of Trust Fund reserves; developing modeling, reporting and tracking systems; conducting audits and consulting with HSS staff. |
Annual |
06/30/12 |
4000-11/12 |
Department of Technology |
$350,000 |
Vendor will coordinate the backup media pickup and delivery with various CCSF departments' approved backup schedules. The vendor will transport the backup media in secure transport vehicles to a secure facility that is isolated from areas with high flood, earthquake or disaster risk. Upon proper authorization, the vendor will guarantee transport and delivery to any disaster recovery Hot Site as designated by the City & County of San Francisco. |
Regular |
06/30/16 |
4001-11/12 |
Municipal Transportation Agency |
$148,500 |
Professional support services to be provided by a contractor to coordinate and promote the City's Bike to Work Day program for the next three years. The contractor will organize, promote and conduct the annual bicycle commute promotion event, in coordination with the regional event (on the 3rd Thursday in May of each year) and in collaboration with local advocate Bike to Work Day organizers. Event promotion and outreach will target the broadest public audience feasible. Event day activities will include at least 25 geographically distributed "Energy Stations" located on high volume bicycle routes, to support, encourage and assist bicycle commuters around distribution, media outreach, and satellite events or promotions. |
Regular |
12/31/14 |
4002-11/12 |
Municipal Transportation Agency |
$305,000 |
The Contractor will plan, coordinate, promote and conduct Bicycle Safety Education classes, in keeping with the goals in "Chapter 4: Education" of the San Francisco Bicycle Plan in offering bicycle education for children, youth, and adults. In addition, the Contractor will produce a MUNI Operator Training Video with instructions for MUNI operators and bicyclists on how to safely share the road. |
Regular |
12/31/14 |
4003-11/12 Postpone to August 1, 2011 |
Municipal Transportation Agency |
$500,000 |
The City is seeking assistance in consolidating and administering the processes for issuing, posting, monitoring, removing, and tracking temporary parking restriction signage required for construction projects and various special projects and events in the public right of way under the purview of the SMTA, the San Francisco Police Department (SFPD), the Department of Public Works (DPW) and other agencies to be determined in the future. The temporary parking signage for these projects typically provides that vehicles cannot park within the designated location indicated, and that vehicles that are parked in the restricted area will be towed. |
Regular |
06/30/15 |
4004-11/12 |
Municipal Transportation Agency |
$2,000,000 |
The SFMTA in collaboration with the Controller's Office needs to procure the services of a qualified and experienced contractor to complete comprehensive environmental review with a focus on transportation impacts for the SFMTA's Transit Effectiveness Project (TEP), and prepare and publish its findings as required by the California Environmental Quality Act (CEQA), and the National Environmental Policy Act (NEPA) if required. The TEP consists of a set of proposals designated to transform and maximize Muni service delivery. Through these proposals, the TEP aims to achieve the following goals: 1) improve service reliability; 2) reduce travel time; 3) improve customer experiences; and 4) improve service effectiveness and efficiency. |
Regular |
07/31/15 |
4005-11/12 |
Municipal Transportation Agency |
$6,000,000 |
The scope of this project to furnish and install video surveillance systems on 358 buses, including but not limited to cameras, digital video recorders (DVR's), WI-FI networks on three bus yards complete with servers, computers and software interface package that will enable SFMTA personnel to view, download and store the captured video images wirelessly and view them in real-time or through the internet. The new system will replace the existing cameras and DVR's. The Contractor shall supply all engineering, design calculations, detailed drawings, labor, tools, materials, equipment, software interface package and other related technical documentation needed to install the systems in the buses and all wayside equipment in the yards. The Contractor shall provide training to all designated SMTA personnel in the proper use, operation and maintenance of the new video surveillance system. |
Regular |
12/31/12 |
4006-11/12 |
Police |
$96,000 |
The vendor chosen will complete all required tests and performance checks to validate the Identifiler Plus PCR amplification kit using 9700 thermal cyclers, the 3130xl genetic analyzers used to separate and visualize the DNA fragments, and the GeneMapper ID v.3.2 to genotype the DNA fragments. Vendor will provide a written report of the validation results. |
Regular |
07/30/12 |
4007-11/12 |
Public Utilities Commission |
$2,300,000 |
Design of several fish passage facilities within the Alameda Creek Watershed., which include a long fish ladder, fish screens, bypass tunnel, and safety improvements (i.e., handrail and/or other improvements) at the Alameda Creek Diversion Dam, and modification of the natural barriers (boulders) at the Little Yosemite. Scope of work includes preparing CER and design documents for the above components. Supplemental geotechnical, hydraulic and hydrologic analysis and studies, and fisheries-related studies may be required to complete the design. |
Regular |
06/30/16 |
3041-10/11 |
Mayor |
Increase Amount $30,000 New Amount $79,5000 |
Contractor will provide in-depth, independent fiscal and economic analysis and generate reports to assist the City during the implementation of a Pilot Infrastructure Finance District (IFD) at Rincon Hill as well as evaluating the feasibility of IFDs to assist in the implementation of the Eastern Neighborhoods Area Plans. Contractor will: evaluate net incremental General Fund Revenues associated with the rezoning of soft site parcels; prepare a draft infrastructure Financing Plan for the Pilot IFD; determine the funding capacity of the Pilot IFD; and evaluate the net increment General Fund Revenues and IFD. Funding capacity of key development soft sites within the Eastern Neighborhoods. |
Modi- fication |
08/31/11 |
3005-10/11 |
Municipal Transportation Agency |
Increase Amount $49,000 New Amount $98,000 |
Design and conduct an independent, citywide survey of SFMTA customers in English, Spanish, and Cantonese and obtain updated tracking data on questions and responses that have been benchmarked in previous surveys. Confer with SFMTA staff on previous surveys and identify areas for new or expanded survey questions. The contractor will develop new questions to gauge SFMTA-customer attitudes, awareness and sentiments in response to the new questions. They will perform cross-tabulations on data and illustrate the resulting information clearly in tables and charts. The contractor will provide a written narrative of the process, analysis of the data, and recommendations to the SFMTA's staff and SFMTA Board of Directors. |
Modi- fication |
08/31/12 |
4045-09/10 |
Public Utilities Commission |
Increase Amount $1,300,000 New Amount $2,600,000 |
Engineering design services and geotechnical support for three pipes crossing the Serra Fault and possible areas of liquefaction. Scope of work includes verification of fault crossing and liquefaction locations, generation of geotechnical design recommendations, development and completion of fault crossing and possible liquefaction zone design (including production of geotechnical investigation report, alternatives analysis report, conceptual engineering report, and all 100% design documents). This modification is necessary to increase contracting capacity due to changes in the pipeline project cost and configuration, liquefaction conditions at the sites, and the need retain these services throughout the construction phase. |
Modi- fication |
07/01/16 |
4113-05/06 |
Public Utilities Commission |
Increase Amount $2,000,000 New Amount $2,770,000 |
Coordination and work plan preparation; environ-mental document scoping; environmental background and field studies; alternatives analysis; preparation of draft environmental documents; public review of draft environmental documents; response to public comments; preparation of final environmental documents; mitigation monitoring plan preparation, and preparation of environmental permit applications. The increased capacity requested for this modifi-cation is necessary as the SFPUC implemented a comprehensive public outreach process for the project, which resulted in the development of several new project alternatives which will be analyzed in the environmental review. |
Modi- fication |
07/04/16 |
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Speakers: |
Jeana Pieralde, Department of Technology spoke on PSC #4000-11/12. Carli Paine, Municipal Transportation Agency spoke on PSC #4001-11/12. Cynthia Hamada, Municipal Transportation Agency spoke on PSC #4003-11/12. T.J. Lansang, Municipal Transportation Agency and Kevin Hughes, IBEW Local 6 spoke on PSC #4005-11/12. |
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Action: |
(1) Postpone PSC #2000-11/12 through 2003-11/12 to the meeting of August 1, 2011 at the request of the Health Services System. (Vote of 4 to 0) (2) Postpone PSC #4003-11/12 to the meeting of August 1, 2011 at the request of the Municipal Transportation Agency. (Vote of 4 to 0) (3) Adopt the report; Approve request for PSC #4005-11/12 on the condition that: 1) the Municipal Transportation Agency consult with IBEW Local 6 regarding the concerns placed on record by IBEW Local 6 at the meeting of July 18, 2011 and 2) the Municipal Transportation Agency report to the Commission in three (3) months. Notify the Office of the Controller and the Office of Contract Administration. (Vote of 4 to 0) (4) Adopt the report; Approve request for all remaining contracts. Notify the Office of the Controller and the Office of Contract Administration. (Vote of 4 to 0) |
0343-09-6 |
Appeal by Sonya Knudsen of the Human Resources Director’s determination of insufficient evidence to support her charge of discrimination – EEO File #1371. |
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Speakers: |
None. |
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Action: |
Postpone to the meeting of August 15, 2011 at the request of Sonya Knudsen. (Vote of 4 to 0) |
0191-11-8 |
Review of request for approval of proposed personal services contract. |
PSC# |
Department |
Amount |
Type of Service |
Type of Approval |
Duration |
4008-11/12 |
Public Utilities Commission |
$4,250,000 |
Provide Survey and Right of Way Engineering Services including: Plat maps and Legal Descriptions of property rights required for the WSIP Projects, Appraisal maps, Records of Survey, Ground Staking of SFPUC Right of Way, and other related services. This modification is necessary to extend the contract term caused by expansion of the groundwater project, additional habitat reserve surveys and revised appraisal maps in the Peninsula Region. |
Regular |
10/24/13 |
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Speakers: |
None. |
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Action: |
Adopt the report; Approve request for proposed personal service contract. Notify the Office of the Controller and the Office of Contract Administration. (Vote of 4 to 0) |
0097-11-6 |
Appeal by Cecilia Jaroslawsky of the Human Resources Director’s determination of failure to allege facts raising an inference of discrimination based on age. |
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May 16, 2011: |
Postpone to the meeting of June 20, 2011 by agreement between the Department of Human Resources and Cecilia Jaroslawsky. Stipulate this will be the last continuance granted. |
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June 20, 2011: |
Continue to the meeting of July 18, 2011. The motion to Adopt the report; Sustain the decision of the Human Resources Director; Deny the appeal by Cecilia Jaroslawsky failed. (Vote of 1 to 2; Commissioners Casper and Jung dissent.) Three (3) votes are needed for Commission action. |
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Speakers: |
Janie White, Department of Human Resources Cecilia Jaroslawsky, Appellant Henry Karnilowicz, San Francisco Coalition for Responsible Growth stated that what happened to Ms. Jaroslawsky was not warranted. In his opinion this is a case of trying to get rid of the more senior employees because of budget issues. Charles Smith, East Bay MUD retiree stated that he was the chief steward representing over six hundred people for over twelve years. He spoke about representing many employees who used their email to send inappropriate material which was against EBMUD policy but they have never fired an individual for the misuse of emails. EBMUD has a three-step method of discipline: warning, suspension and termination. This is outrageous. |
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Kay Walker, SEIU Local 1021 stated that she heard about this hearing because of her experience as a shop steward. They have all been affected in some way by age discrimination which seems to be creeping into this culture. SEIU Local 1021 supports Ms. Jaroslawsky’s appeal and returning her back to work. Jim Miller, former Planning Department employee who was the fifth of the five terminated on the strength of the information collected at the time. Although the same information was used he was not let go until two months later. The record did not support what he did compared to others. Lois Scott, former President, IFPTE Local 21 stated that between 1984 and 2009 she was a steward and confidant of many in the Planning Department. One of the ways age discrimination was manifested was in temporary workers testing for permanent positions. Often when there was an incumbent who was an older employee, the department did not select them. The union also supported the appropriate use of performance evaluations. In her opinion, there were demotions based on flawed performance evaluations. |
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Action: |
Postpone to a meeting when all five Commissioners are present; and, when issues of allegations about a flawed process, namely, failure to redact confidential information and to follow the arbitration order have been addressed. (Vote of 4 to 0) |
0054-11-3 |
Appeal by Patrick Tobin of the Executive Officer’s denial to process his request for a hearing of the denial of his “Like Work-Like Pay” compensation as an acting Lieutenant at the San Francisco Police Department Traffic Company. (Item No. 11) |
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March 21, 2011: |
Postpone to the meeting of April 18, 2011 at the request of Sergeant Patrick Tobin. |
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April 18, 2011: |
Postpone to the meeting of May 2, 2011 at the request of Russell Robinson, Attorney. |
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May 2, 2011: |
Postpone to the meeting of June 6, 2011 by mutual agreement of the parties with the stipulation this will be the last continuance granted. |
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June 6, 2011: |
Continue to the meeting of July 18, 2011 on the premise that the Commission can or may be able to do something. |
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Speakers: |
Anita Sanchez, Executive Officer Russell Robinson, Attorney Sgt. John Fewer, San Francisco Police Department John Tennant, Attorney, Police Officers Association Alice Villagomez, San Francisco Police Department Steve Landi, San Francisco Police Department |
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Action: |
Commissioner Morgan R. Gorrono recused. (Vote of 4 to 0) |
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Adopt the report. Sustain the decision of the Executive Officer; Deny the appeal by Sgt. Patrick Tobin. The Commission makes no finding that Sgt. Tobin has or has not served as an Acting Q-60 Lieutenant since December 28, 2009 in the Traffic Company and the Commission’s denial of the appeal is without prejudice to any subsequent proceeding that Sgt. Tobin may bring with respect to the issue of whether or not he in fact served as Q-60 Acting Lieutenant. (Vote of 3 to 0, Commissioner Gorrono recused) |
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0081-11-6 |
Appeal by Cynthia Carter of the Director of Transportation’s determination of insufficient evidence to support her claim of retaliation for engaging in a protected activity. (Item No. 12) |
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Speakers: |
Penny Si, Municipal Transportation Agency Cynthia Carter, Appellant |
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Action: |
Adopt the report. Sustain the decision of the Director of Transportation; Deny the appeal by Cynthia Carter. |
0139-11-7 |
Determination of future employability: request for hearing on future employment restrictions by Qaiser Shaikh as a permanent exempt 1823 Senior Administrative Analyst and his permanent civil service appointment as a 1241 Personnel Analyst with the Public Utilities Commission. (Item No. 13) |
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June 20, 2011: |
Continue to the meeting of July 18, 2011. Stipulated this will be the last continuance granted. |
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Speakers: |
Hope Broadus, Public Utilities Commission Qaiser Shaikh, Appellant Akbar Shaikh, Father of Appellant |
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Action: |
No future employment with the Public Utilities Commission. No future employment with the City and |
0028-11-7 |
Determination of future employability: Permanent civil service appointment of |
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May 2, 2011: |
Postpone to the meeting of July 18, 2011 by mutual agreement of Ellen Mendelson, Attorney for Ms. Magsanay and the |
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Speakers: |
None. |
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Action: |
No future employment with the |
COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS (Item No. 15) |
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None. |
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ADJOURNMENT (Item No. 16) |
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7:03 p.m. |