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MINUTES
Commission Chambers
June 26, 2007 at 6:30 p.m.
City Hall,1 Dr. Carlton B. Goodlett Place
Room 400
Present: Gillespie; Benjamin; Breslin; Oneto; Oka; Heinicke
Absent: Paek
President Gillespie called the meeting to order at 6:35 P.M.
STAFF IN ATTENDENCE: Executive Director Heidi Machen, Tamara Odisho– Taxi Commission, Thomas Owen– City Attorney
· Heidi Machen, Executive Director: Turn-off cell-phones, interferes with phone systems and we get feedback.
- Call to Order/Roll Call
- Consent Calendar [ACTION]
- Director Machen: Remove from the calendar items C1,C2, 4,5,6,8-13, E, H 2, H3 & continue F
- President Gillespie: Agrees of the removal and requests a motion
- Com Benjamin: Motion on Items A, B, C3, C7, D1, H1, and continuance of F
- Com Oneto: 2nd Motion
AYES: Gillespie, Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: 0
- Com Heinicke: Regarding Item C, why are so many medallions going to one color scheme? I’m assuming once we have policies into place, we will have answers.
- Com Breslin: Given the situation of Union, are we allowing/giving these medallion holders a pass?
- Pres Gillespie: Correct, no current medallion holders are up for revocation.
- Com Breslin: City Attorney, can we waive motion in any case?
- City Attorney: Practice of noticing is administrative practice of Taxi Commission. Brown and Sunshine require 72 hours for posting of meetings. As long as that is met, waivers are ok.
- Com Benjamin: Are any of the Union Can medallions under investigation?
- DirMachen: No medallion is under investigation for Union cab, but Commission staff are investigated for Prop K requirement.
- Com Heinicke: If anything is found, will staff recommend revocation? Is staff investigating any other color schemes.
- Dir Machen: No current ongoing investigation. Although Delta only has worker’s compensation for one medallion, however they state otherwise.
- Com Heinicke: Motion to approve C1
- Com Oneto: 2nd motion
AYES: Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: Gillespie
- Com Oneto: Motion to approve C5 & C6
- Com Oka : 2nd motion
AYES: Gillespie, Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: 0
- Com Oka : Motion to approve C2 &C4
- Com Oneto: 2nd motion
AYES: Gillespie, Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: 0
- Com Heinicke: Motions to waive notice section for Union medallions
- Com Oka : 2nd motion
AYES: Gillespie, Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: 0
- Com Heinicke: Motion to approve C8-C13
- Com Oneto: 2nd motion
AYES: Gillespie, Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: 0
- Com Heinicke: No worker’s compensation, how common is single shifting?
- Pres Gillespie: On your application you state the reason to start this color scheme is to bring medallion holders and drivers together, but without worker’s compensation?
- Com Breslin: I’ve been thinking a lot about single shifting and oppose it since it doesn’t fully serve the City. This should be a topic to be discussed in the working group.
- Saam Aryan: There’s no rule that would deny the Commission to approve a new color scheme on the basis of a single shifter.
- Com Heinickie: Would like to delay decision until worker’s compensation is purchased.
- Com Breslin: Delaying this would keep these medallions off the street, especially the two from Union.
- Com Heinicke: Approve the new color scheme with the condition to rehear this item at a later time to ensure vehicles have been inspected by GTU and that the company has worker’s compensation
- Com Breslin: 2nd motion
AYES: Gillespie, Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: 0
- Com Heinicke: Motion to approve items H2 & H3
- Com Oka : 2nd motion
AYES: Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: Gillespie
- Staff Report and Commissioner Announcements [INFORMATION]
- Dir Machen: Staff report
- Sgt Reynolds: Staff update, included meeting with the camera company. Cameras are meeting expiration of their life span, 5 years. Taxis will need new cameras.
- Com Heinicke: Can we discuss the cameras in the taxis issue.
- SgtReynolds: Currently, not until the a camera is broken, or if we need to retrieve something from it do we realize it has not been functioning properly. We will need to be replacing the cameras since they are reaching their 5 year life expectancy.
- Pres Gillespie: Let’s schedule this for August
SPECIAL ORDER 7:30-8:00 PM
3. Public Comment (Please limit public comment to items NOT on the agenda)
- Weiner: Requiring a medallion holder to drive their own medallion is a disservice to the City.
- MikeSpain: Reads from a old lawsuit filed by MHA, to example how the Commissioners should create policy.
- Tariq Mehmood: Illegal limos issue, ADA medallions are not forever
- LeonMajer: Long term leases are to expensive.
- David Barlow: It’s the City’s responsibility to be involved in all taxi company business
- Barry Tarranto: Every hotel has at least 1-2 illegal limos waiting. Taxi Commission should work with Entertainment Commission for scheduled events. Police should have enforcement at All Star Game.
- Nate Dwiri: Yellow Coop does good business and should be acknowledged for that.
- Ann McVeigh: Results of PC&N eschewed, UTW is fraudulent, and ADA lawsuit
- Thomas George Williams: Yellow overcharged drivers, UTW filed lawsuit to return $ to drivers.
- Charles Rathbone: ADA lawsuit filed with greatest reluctance. Hope that is could be resolved and nipped in the bud.
- Rich Hybels: Medallion # 207 was revoked in 2005 and medallion holder still has it. St Francis is the only hotel in the City that doesn’t allow illegal cabs or illegal limos.
- Peter Van: Circulated petition and gather over 200 signatures that states UTW does not represent them. UTW represents 25 members not the entire industry, shouldn’t take it upon themselves to file the lawsuits.
- Blake: 1095 mandatory hours unnecessary requirement
- Grasshopper: Min Paek appreciates what I have to say, she asked I not create chaos during the meeting. Would like “to impeach is patriotic” as a part of his color scheme.
- Chuffa: We have the right to say what we want, shouldn’t be criticized.
Staff Report/ Commissioner Announcements (continued)
- Com Breslin: Events in the City are extremely important. Fleet weak banning of planes is not good for business. Commission should send a resolution to the Board of Supervisors. All Star Game important, meeting should be either rescheduled or canceled.
- Com Heinicke: Consideration to keep fleet week is important, everyone should send letters to representatives.
- Com Benjamin: There should be a temporary taxi stand available at the All Start Game.
Public Comment:
- Barry Taranto: 2nd between Townsend will have a stand. St Francis held an appreciation day because they are fair. None of the other hotels care.
- Mike Spain: Item omitted from staff report, but tomorrow begins the budget hearings. No public comment will be taken.
- Jane Bolig: Doesn’t want blueangels to fly over City
- Name: Planes used to kill in Iraq, SF humanitarian City.
- Thomas George Williams: Blood money won’t work
- T. Mehmood: Safe country because of military.
- Tom Stanghellini: Commercial planes always flying over, no one complains.
- Jerrold: Long term leases to expensive especially since he’s a part-time driver.
- Ann McVeigh: Fleet week makes money, should be careful of the resolutions the commission puts out, since there may be a hidden agenda.
4. Disciplinary Hearings [DISCUSSION and POSSIBLE ACTION]:
(a) Consideration to Adopt the Executive Director’s decision regarding recommendation from the Hearing Officer:
a. Admonishment and Revocation of Public Passenger Vehicle Permit, #55486 and Revocation of Medallion Holder Permit, #1086 held by Llewellyn Phelan for violation of PC288 (a) and MPC1081 (b); and
b. Revocation of medallion #1086 for non-compliance with MPC Section 1095.
(b) Revocation of the following medallion holder permits for non-compliance with MPC Section 1095:
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Medallion #
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Company
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First Name
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Last Name
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Medallion Type
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1. 1170
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Yellow
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Alemayehu
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Bekele
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Post K *
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2. 539
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Yellow
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Eustace
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Kenneth
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Pre K
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3. 777
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Bay
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Galicha
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Diosdado
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Post K
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4. 120
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Luxor
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Holvoet
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David
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Pre K
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5. 789
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Bay
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Kejela
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Jote
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Post K
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6. 655
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Luxor
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Welcome
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Lindsey
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Post K
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7. 271
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American
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Wieland
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William
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Pre K
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* Staff recommends fine and not revocation of permit since Mr. Bekele has now turned in his 1095.
- Dir Machen: Review of cases, recommends removing 1, 2 & 4 since 1095’s were turned in. However, recommends 1 for fine.
- Jordanna Thigpen, Deputy Director: Overview of Phellan case (7 minutes)
- Kathleen Morgan, Defense Attorney: Would like case continued until August 13, which is when Phellan will be released from prison. Appeal is pending in 9th circuit.
- President Gillespie: Why the delay in response. This case was hear in 2005.
- DirMachen: Waiting for hearing officer, who was waiting for appeals process in court to be over.
- Tom Stanghellini: Requests 2 weeks time to be able to find shifts for drivers if medallion is revoked.
- Tariq Mehmood: Commission should at least suspend the medallion if not revoked tonight.
- Sherry McVoy: He’s appealing this because it never happened.
- Chuffa: Should be given a continuance.
- Com Heinicke: Motion to adopt findings.
- Com Oneto: 2nd motion.
AYES: Gillespie, Breslin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: Benjamin
- Jordanna Thigpen: Overview on 3, 5, 6 & 7
Public Comment:
- RobertCezano: Lawsuit filed and in records there are ADA application. TXC has no ADA policy.
- Carl McMurdo: Staff should just go to the hospitals of where these folks are, rather than spending so much time researching.
- Charles Rathbone: Welcome seriously disabled, we believe disorder affecting mental capacity.
- Barry Taranto: Lots of staff resources went into this disciplinary hearing. Staff should be commended.
- TomStanghellini: Spoke with Welcome and doesn’t have appropriate id card.
- Tariq Mehmood: Medallion 1170 came back from out of the country June 8, went to school received A card the next day, how is that possible?
- Chuffa: Do not rush to revoke medallions
- JimGillespie: Medallion 1170 not a liar, didn’t renew A card out of country ex-wife passed away, and then ill father.
- Bill Mounsey: Staff good job sticking to the letter of law.
- Thomas George Williams: Should revoke medallions.
- Roger Cardenas: Medallion holders #789 and 777 are both alive.
- Com Benjamin: Fine is too high, especially since there was an emergency.
- Com Heinicke; Item 1, medallion #1170, his appearance here tonight is proof he is responsible and will follow rules. Motion to reduce fine to $100 .
- Com Benjamin:2nd motion.
AYES: Breslin, Benjamin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: Gillespie
- Laura Galicha: Father is sick and out of the country will not be returning until July 22, 2007.
- Com Breslin:Don’t believe Prop K states that the medallion holder has a driving requirement.
- Com Oka: Medallion holder knows the rules and chose not to follow them. Finds it difficult not to revoke.
- Com Oneto: Motions to revoke medallion # 777
- Com Heinicke: 2nd Motion
AYES: Gillespie, Benjamin, Oka, Oneto, Heinicke
NOES: Breslin
ABSENT: Paek
RECUSED: 0
- Com Benjamin: Does Jote Kejela have ADA?
- Roger Cardenas: Officer Suslow a few years back gave ADA for at least 3 years
- Com Benjamin: Shouldn’t revoke when disability is involved.
- Pres Gillespie: Have not seen evidence of his driving since 1997
- Com Heinicke: City Attorney, can we revoke on driving requirement?
- City Attorney: Yes, it is apart of the Complaint.
- Com Heinicke: Respectfully disagrees with Com Benjamin and motions to revoke medallion # 789
- Com Oneto: 2nd motion
AYES: Gillespie, Oka, Oneto, Heinicke
NOES: Benjamin, Breslin
ABSENT: Paek
RECUSED: 0
- Com Heinicke: Does the complaint against medallion 655, Lindsey Welcome, also include the driving requirement.
- City Attorney: Yes
- Com Heinicke: Motion to revoke permit
- Com Oneto: 2nd motion
AYES: Gillespie, Oka, Oneto, Heinicke
NOES: Breslin
ABSENT: Paek
RECUSED: Benjamin
6. Consideration of Resolution Urging Board of Supervisors to Act on its Hearing on Gate and Meter Adjustments and on the Health Care Plan for Drivers
- Pres Gillespie: This resolution is to remind the BOS of the healthcare issue, and that they should try to agendize the issue as soon as they get through their budget.
- Com Heinicke: Are we making any recommendations?
- Pres Gillespie: No, that was the Controller’s report. We recommended the $5 in the health care and let others unspecified.
Public Comment:
- Charles Rathbone: Commission should consider sending the medallion holders association health care plan
- Chuffa: Crash in the business, lots of people will be out of jobs because of gas and gate.
- MarkGruberg: Would like the resolution go to the board.
- TomStanghellini: Would like to see a gate increase, will help companies.
- Mike Spain: Resolution is arrogant of Commission to send to Board of Supervisors.
- Com Heinicke: Motion to pass resolution
- Com Oneto: 2nd motion
AYES: Gillespie, Breslin, Oka, Oneto, Heinicke
NOES: 0
ABSENT: Paek
RECUSED: Benjamin
7. Review of Supervisor Ammiano’s Resolution on Long-term Leases [DISCUSSION and POSSIBLE ACTION]
- Com Heinicke: What’s the drive your own medallion rule issue with the drivers?
- Com Breslin: The reason they are required to drive their own taxi was so that their taxi would be in good condition, and that drivers will feel safe in the taxis. But I have a problem with this since it’s now practice that the cabs just sit on the lots until the medallion holder comes to pick up their car when they want.
- Com Oneto: I believe the medallion holders have a lot of pull with the color schemes. Their should be a schedule for everyone to follow including the medallion holders.
- Pres Gillespie: The issue of long term leasing is an important one. Not many drivers have the money to pay upfront.
- Com Breslin: Long term leasing will be a commitment
- Pres Gillespie: Currently the schedule is very flexible and convenient for drivers. Long term leasing would be a required set schedule.
- Com Heinicke: Do long term leases mean more money for the companies?
- Pres Gillespie: Long term leasing means less control for the companies. Shift changing will occur off property more frequently.
- Com Heinicke: Doesn’t fully understand long term leasing.
- Pres Gillespie: Not voting on anything tonight, this is just an informational item.
Public Comment:
- Tariq Mehmood: Yellow cab changing the Taxi Commission, UTW filed lawsuit, so companies retaliate.
- Robert Cesano: Should remove from Ammiano’s resolution the requirement to drive your own medallion.
- Mark Gruberg: Long term lease is a one year commitment; no short shifts, no substitute drivers, and lease can increase at any given time.
- Tom Stanghellini: No increasing in annual lease payments, since lease is locked into gap fees. Will always have extra drivers on and in case someone cannot driver their shift. Companies are looking at everything.
- Charles Rathbone: Long term leases have been around for a long time. And are used around the nation. SF only city to have gas and gate.
- Liz: 40 cabs are pre-k long term leases at yellow. Her and husband would be required to pay $15,000 and don’t have that money laying around. Medallion holders have the power. ½ folks drive 2-4 day/week, there is no schedule.
- Dave Bottle: reads definition of lease.
- Jim Gillespie: Medallion holders have single shift. If they don’t call or no show, cab will go out about one hour later. Medallion holders are reliable 95% of the time.
- Com Heinicke: Why is Yellow Cab doing this is it doesn’t prove flexible for drivers?
- Jim Gillespie: This is flexible. There are a lot of concerns. Certain on how business will run. Of course company will protect name brand and public.
- Mike Spain: Prop K implied drive your own medallion rule.
- Name: If lawsuit is dropped then the companies will not go through the long term leases.
- Rucha Graffis; Support this resolution.
- Mary McGuire: Spoke with someone who was happy with the upfront cost. But people like flexibility and this isn’t flexible. Drive your own medallion should not be in resolution.
- Thomas George Williams: UTW isn’t responsible for this. Yellow cab was over charging its drivers and we were just trying to get the money back to the drivers.
- Jane Bolig: Is this working better or worse for medallion holder?
- Pres Gillespie: On going issue, not an action item. Long term lease and drive your own medallion different issue. I’ve spoken to dozens of drivers who will quit the industry if this goes into effect, and I would be one of them. This is a bad trend, other cities have a different type of medallion system. Strongly urges companies to look at this.
- Com Heinicke: If this is going to change your job and customer service, then this is an important resolution. We should communicate to Supervisor Ammiano that these are two separate issues.
- Pres Gillespie: There are a limited number of pre-k medallions that have moved to this, and I think when the others move, people who are interested in it now, are going to regret it later.
- Com Breslin: Is Supervisor Ammiano expecting a response from us tonight?
- Dir Machen: He does not know we have agendized this issue, nor is he expecting a response from the Commission.
- Com Breslin: We should invite Supervisor Ammianos staff to attend.
- Pres Gillespie: Continue to monitor and readdress this.
- Com Oneto: Can I see a copy of this lease? Are we allowing this to go through? What about driver’s rights?
- City Attorney: The agenda would only allow the Commission to discuss the Ammiano resolution, no policy action.
- Com Heinicke: Can we send something to Supervisor Ammiano to address these issues? I want to prepare and ensure the proper people are prepared to deal with this issue.
- Com Breslin: I didn’t hear like the whole industry is going to long term leases.
- PresGillespie: There are letters that go around signed by management that creates a frenzy amongst drivers, saying that long term leases are eminent for all medallion holders, then another comes out saying it’s only for pre-k medallion holders. No one really knows what’s going on.
- Com Benjamin: Nothing has happened yet, and we shouldn’t worry about this just yet, and we shouldn’t do anything until Yellow or Luxor start doing something. Other companies are available if that does happen.
- Pres Gillespie: Lots of drivers are going to leave this business and it’s going to affect this industry.
8. Public Comment (Please limit public comment to items NOT on the agenda also limited to public that did not speak during Special Order).
- Carl McMurdo: Yellow posted another letter that toned down the intent of Yellow Cab to go to long term leases. Rules committee working group should be established. Way bill copies an issue.
- Bill Mounsey: Illegal limo issue is huge at airport. They are soliciting passengers at airport.
- Robert Cesano: Overregulated industry, doesn’t understand current way bill regulations. Auditing done badly.
- Mary McGuire: No one ever questioned companies for overcharging gate/cap while it was happening? Why is the City apart of the lawsuit if they didn’t do anything when it was happening?
- Mark Gruberg: Not his responsibility to do the work of the City or the Taxi Commission. There’s a certain misapprehension regarding the rule for driving your own cab, it is embedded in Prop K and police code. Taxi Commission cannot change prop K. ADA deserves court case, and they should figure it out.
- Tom Stanghellini: There are laws that need to be streamlined to work better.
9. Adjournment
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