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SFMTA Taxi ServicesTaxi Advisory Council MINUTESMonday, November 22, 2010 2nd Floor Atrium Conference Room 1 South Van Ness Avenue
PRESENT: T. Ajaegbu; J. Bolig; J. Gillespie; L. Graham; J. Han; D. Hinds; D. Khan; B. Korengold; J. Lazar; C. Macmurdo; D. Nazarov; A. Rebelos; C. Sweis ABSENT: W. Minikel; W. Mounsey STAFF IN ATTENDANCE: Christiane Hayashi – Deputy Director/Council Liaison 1. Call to order: CSweis called the meeting to order at 1:09 p.m. 2. Roll Call – The Roll Call showed a quorum was present. 3. Announcement of prohibition of sound producing devices during the meeting. 4. Approval of Minutes: November 8, 2010 J. Bolig motioned to approve the minutes for November 8, 2010. J. Han seconded the motion. On motion to approve the November 8, 2010 minutes. AYES: T. Ajaegbu; J. Bolig; J. Gillespie; L. Graham; J. Han; D. Hinds; D. Khan; B. Korengold; C. Macmurdo; D. Nazarov; A. Rebelos; C. Sweis ABSENT: J. Lazar; W. Minikel; W. Mounsey 5. Public Comment F. Fahy said he heard a story about Yelp and how they were accused of taking money to remove bad reviews off their website and he is concerned with websites in the taxi industry that do not have any control or regulatory oversight agency. They can play favorites with other companies and penalize individuals without anyone’s knowledge. S. Aryan said electronic radio with GPS infringes on people’s privacy. He said he does not recall anyone voting their privacy right out. He said a way to avoid this is to have the waybill be a legally binding waybill faxed to a database. C. Sweis closed public comment. 6. Report of the Council Liaison (Discussion only)
C. Hayashi, Deputy Director, Taxi Services, did not have a Staff update.
C. Hayashi, Deputy Director, Taxi Services, provided a Regulatory Reform update.
C. Hayashi, Deputy Director, Taxi Services, stated that there are no new items to report regarding the Taxi Medallion Sales Pilot Program.
Public Comment F. Fahy said he is not sure of the role of the enforcement person with the MTA. He asked if they will be sworn peace officers and how much will it cost us. He wanted to know if the misdemeanor citations would amount to an arrest and what are the logistics. REGULAR CALENDAR 7. Discuss uniform lease drafts for the taxi industry. (Discussion and Possible Action) C. Hayashi, Deputy Director, Taxi Services, went over the uniform lease draft. J. Han said under part A, the lease amounts should abide by the gate cap just like a company would. A. Rebelos said in part B, it should be separated to a weekly or monthly payment. J. Han said for part C, the security deposit shouldn’t be more than first and last payment. He said vehicle damage should not be more than a $500 deductible. C. Sweis agreed with D. Hinds about insurance and the contract should be concerned with the property damage of the vehicle and who gets compensated for it and all other claims could be handled by the individuals separately. Public Comment C. Fulkerson said they could stipulate that the deposit is returned with reasonable time for such a ticket to accrue, six months or a year at the most. F. Fahy said under 2B, there should be no cash transaction. He said repairs should be required to be made at the dealer so you know exactly how much money was paid. B. McDowell said for the method of payment, it doesn’t mention when payment is made. He also said that people should be able to pay at the location they designate and it should not necessarily be mailed. He also said there should be a way for the medallion holder to tell the lessee that he would like to take time off. C. Rathbone said he hopes the Council does not vote on this item today. He suggests to simplify things by letting the cab company act as an agent for the medallion holder in certain circumstances, example in the case of a Pre-K medallion holder. He said it appears that the list of who will pay for what is 100% on the lessee side and does not see it any other way. E. Healy said there should be a bill of rights between the individual drivers and this would eliminate the brokers. He said what bothers him is that he was losing time waiting for a cab. He said if the company or lessor cannot get the cab on time then the driver should have the gate fee prorated. T. Housman said section 3E should have something in there for segregation and if there is escrow there should be a bond and add a line about duty to assist. She also said mechanical maintenance should be more specified and it should say who provides a spare. C. Sweis closed public comment. C. Sweis said in section 6, Records and Receipts, it should say that a receipt should be provided by both parties. C. Sweis said in section 7, Color Scheme Affiliation, it should include a sentence saying where the medallion permit will be operated. C. Sweis said in section 8, Transfer of the Medallion, it should be made clear that this is regarding transfer of ownership not a color scheme change. B. Korengold said that the whole point of buying a medallion is to be able to work the shifts you want to work. D. Hinds said in section 9, Reporting, the second sentence should say both lessee and lessor. C. Sweis said in section 11, Authorized Drivers, there will be a clause that says drivers must be in good standing with the SFMTA. L. Graham said for section 14 they should have 30 days worth of gates in your pockets as the lessor to make sure you get your money back. D. Hinds does not like the 14 day notice. J. Han said in the event that someone said you are fired and it was not within the provisions of the contract then they should be able to go to the SFMTA and tell them what happened. A. Rebelos said any termination should require prior notification to the SFMTA. Public Comment C. Fulkerson said he encourages the mediation clause. F. Fahy asked if there is a provision in the regulation prohibiting you from having employees. He also asked what is preventing you from having a 30 day contract. B. McDowell said he assumed that once a uniform lease goes into affect it would replace an existing lease. C. Rathbone said he is concerned about where the color scheme fits into the picture. How does this affect the color scheme and what are the obligations? If a color scheme were to adopt a procedure that the lessor or lessee did not agree with, what would happen then? There is nothing in the contract that lets people out of the lease if they do not agree. E. Healy said he hopes they do not vote on anything until later. T. Housman asked what if there is bad conduct that deals with hygiene or attitude. C. Sweis closed public comment. 8. Discuss proposals for the possibility of peak time medallions. (Discussion and Possible Action) C. Sweis said he would like to postpone Item 8 to a meeting in February. 9. Council Member requests for information. (Discussion only) B. Korengold said he wants to know what type of loan each applicant chose. R. Lytel informed him that she cannot provide this information. J. Bolig asked if staff could survey major cities to see how peak time permits operate and what the costs are.
10. Schedule upcoming calendar items [Discussion and Action] C. Sweis wanted to finalize the impact of color scheme and the lender experience during the next meeting on December 13. D. Hinds motioned to finalize the impact of color scheme and the lender experience during the next meeting on December 13. J. Bolig seconded the motion. On motion to approve the upcoming calendar items: finalize the impact of color scheme and the lender experience during the next meeting on December 13. AYES: T. Ajaegbu; J. Bolig; J. Gillespie; L. Graham; J. Han; D. Hinds; D. Khan; B. Korengold; J. Lazar; C. Macmurdo; D. Nazarov; A. Rebelos; C. Sweis ABSENT: W. Minikel; W. Mounsey
ADJOURNMENT: The meeting was adjourned by standing vote at 4:42 p.m.
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