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MEETING MINUTES

Commission Chambers

January 22, 2008 at 6:30 p.m.

City Hall, 1 Dr. Carlton B. Goodlett Place

Room 400

Present:  Gillespie, Breslin, Benjamin, Oka, Paek, Slaughter, Oneto

Absent:    0

President Gillespie called the meeting to order at 6:35 P.M.

STAFF IN ATTENDENCE:  Executive Director Heidi Machen, Deputy Director Jordanna Thigpen, Executive Secretary Tamara Odisho – Taxi Commission, Sergeant Ron Reynolds, City Attorney Tom Owen

Heidi Machen, Executive Director: Turn-off cell-phones, interferes with phone systems and we get feedback.

1.  Call to Order/Roll Call

2.  Consent Calendar [ACTION]

Public Comment:

·         Peter Witt: Submitted written statements and were not included in the minutes.

·         Com Breslin: Continued item C- Raymond Delgado because working with Supervisors on possibly changing the laws.

·         Pres Gillespie: Anyone who is receiving a Ramp medallion please get up so the riding public can see who you are.

·         Com Oneto: Motion to approve A- Minutes January 8, 2008, B- Public Passenger Vehicle,  approving medallions  for D6- Leonid Tsatskin, D7- Amr Mahmoud, D9- Alexander Labunsky, D10 Tommy Burton, E-Ineligible for Ramp, F- Remove Applicants from Taxicab/ Ramp waiting list, G3- approve Mary McGuire color scheme change, H- grant dispatch change to Delta Cab to B&W Checker to Town Taxi, I-Reverse approval of Time Waiver to Negash Tesfasilasie.

·         Com Oka: Second motion.

 

AYES: Gillespie, Breslin, Benjamin, Oka, Paek, Slaughter, Oneto       No: 0
Absent:     0                                                                                             Recuse: 0

 

·         Com Oka: Motion to grant medallion D8- Ali Alikhani with retraining recommended by PCC.

·         Com Oneto: Second motion.

 

AYES: Gillespie, Breslin, Benjamin, Oka, Paek, Slaughter, Oneto       No: 0
Absent:     0                                                                                             Recuse: 0

 

·         Com Breslin: Motion to grant medallion D2-Jong Oh with retraining recommend by PCC.

·         Com Oneto: Second motion.

AYES: Gillespie, Breslin, Oka, Paek, Slaughter, Oneto             No: 0
Absent: 0                                                                                      Recuse: Benjamin

 

·         Com Oneto:  Motion to grant medallions D1- Mohamed Malik and D3- Dong Tran.

·         Com Breslin: Second motion.

AYES: Gillespie, Breslin, Oka, Paek, Slaughter, Oneto             No: 0
Absent: 0                                                                                      Recuse: Benjamin

 

·         Com Oneto:  Motion to grant medallion to D4- Andrew Lee and D5- Sang Ta.

·         Com Breslin:  Second motion.

 

AYES:  Breslin, Benjamin, Oka, Paek, Slaughter, Oneto                       No: 0
Absent:  0                                                                                     Recuse: Gillespie

 

·         Com Slaughter: Motion to grant CS to G1-Ray Yaghmour.

·         Com Oka: Second motion.

 

AYES:  Breslin, Benjamin, Oka, Paek, Slaughter, Oneto                       No: 0
Absent:  0                                                                                     Recuse: Gillespie

 

·         Com Oka: Motion to approve G2- Leon Veysman.

·         Com Breslin: Second motion.

 

 AYES: Gillespie, Breslin, Oka, Paek, Slaughter, Oneto                        No: 0
Absent: 0                                                                                      Recuse: Benjamin

 

3.  Staff Report and Commissioner Announcements [INFORMATION]

·         Dir Machen: Overview of staff report.

·         Marc Soto, Veolia Transport: Comments on the ramp taxi surveys.

·         Com Paek: Would like to see future surveys to cover the Bayview and Western Addition in the future.

·         Sgt Reynolds: Presenting 4th quarter report and update.

·         Com Breslin: Have been holding meetings with hotels to ensure the illegal limo problem gets resolved.

·         Com Slaughter: What can you do to address the issue of ramp service?

·         Sgt Reynolds: Work with his team to deal with enforcing the issue.

 

Commissioner Announcements:

Com Breslin: Commending Com Oka and Heinicke on their appointment to the MTA board.

 

Public Comment:

·         Ms. Harris:  Has filed complaints with SFPD-Detail and has not had any follow-up.

·         Barry Taranto:  Welcome to Com Slaughter.  Why wasn’t Town included in the ramp survey?

·         Dir Machen: Bay cab does not have its own dispatch. We worked with what we had on record and where the vehicles were.

·         Marc Soto: Thanks all the ramp, taxi and dispatchers for serving the public.  Thanks the Commission for all their work.

·         Peter Witt: Response time goals have been set and they should be looked at every year. Ramp drivers are trying to make a living and their should be an incentive for them to pick up. 

·         Joe Mirable:  Best response for dispatching community is centralized dispatch. 

·         Anton: B&W appreciates the help from other ramp drivers that were with their dispatch company.

·         Barry Korengold: Requesting pro-rating be heard as an item on the next agenda when his medallion comes before the Commission.

·         Pres Gillespie:  This is going before the Supervisors cannot make changes to the policy. 

·         Com Breslin:  We are trying to find out if we as the Commission have the authority to make changes. 

·         Tariq Mehmood:  Regents has failed to provide workers’ compensation to drivers and now this problem, they should be shut down.

·         JoanAnn Radu-Sinaiko: Ramps should have one dispatch.

 

Special Order 8:00 – 8:30 PM

4.  Public Comment (Please limit public comment to items NOT on the agenda)

·         Emil Lawrence: Handouts and reviews EDD cases.

·         Barry Taranto: Weekend business not good.  Not sure how 69 new taxis are going to affect the industry.  Went to the Police Commission on behalf of Peter Witt and complained about officers at hotels.

·         Name: Congratulates cousin for receiving medallion. 

·         Mary McGuire:  Wants to know about taxi wrap fund issue and would like a hearing on this to explain to the public on this issue.  Will file Sunshine on this issue if the Commission does not respond.

·         Pres Gillespie:  This will be heard and should be done with a memo.

·         Barry Korengold: Commission and city attorney to review the legislation for the driving requirement.  Language doesn’t need evaluating but interpretation. Glad to see limo enforcement.

·         Carl Macmurdo: Welcomes Com Slaughter.  Delgado and Korngold case are different issues.

·         Peter Witt:  Would like to see a larger medallion number inside the taxi.  Would like to see the illegal limo issue addressed.

 

5.      Fact Finding Hearing and Disciplinary action including Possible Upholding of Summary Suspension and Possible Revocation of Permits: [ACTION]

·         Peter Witt medallion number 310, violation of Rules 4.A.1, 4.A.2, 6.A.1, 6.A.2, 6.D.1, 6.D2, 6.D.3, CA Penal Code § 148(a)(1), § 242, § 243(c)(2)

 

·         Peter Witt: Would like to continue this hearing tonight since his attorney is not present.

·         Jordanna Thigpen, Deputy Director:  Made all efforts to serve Mr. Witt and have emailed him and tried calling him as well.

·         Pres Gillespie:  Would like legal representation for Mr. Witt but understands that a police officer is also here. 

·         Peter Witt:  Cannot afford a lawyer if his medallion is suspended.  But understands if his medallion is suspended.

·         Com Paek:  Wishes to continue this item so Mr. Witt has representation.

·         Pres Gillespie:  Continue this item until first meeting in February and if the officer is not available then the use of his declaration be used in his absence.

·         Dir Machen: To be consistent and fair it would be necessary to suspend all of his licenses. 

·         Com Benjamin: Should not suspend his medallion.

·         City Attorney:  This would be up to the executive director to summarily suspend the medallion. 

·         Com Slaughter:  Agrees with Com Benjamin. 

·         Sgt Reynolds: Has suspended his A card.

 

Public Comment:

·         Mark Gruberg:  Should be allowed to keep his medallion.  There’s no public safety issue.

·         Emil Lawrence:  Taking his income away hurting driver and based on allegations they have not been proven.

·         Barry Taranto:  All drivers are victims.  Peter was dealing with an officer who was not doing his job and was allowing hotels to use illegal limos.

·         Thomas George Williams:  The police officer is being paid to allow these illegal limos and Peter stood up for all drivers. This officer is framing Peter.

·         Carl Macmurdo:  Should allow drivers on medallion to drive.  Sounds like this case will be reduced to a anger management.  He is a long time safe driver.

·         Marty:  Has known Peter for over 15 years.  Is a perfect cab driver.

·         Mary McGuire:  Not suspending the medallion is the right thing.  Allowing the director to stick to her decision is not clear.  Until this is resolved medallion should stay on the street.

·         Jim Gillespie: There should be due process.  Medallion should stay at the company.  The drivers should be allowed to continue using the medallion.  Three drivers a day will be sent home. 

 

6.  Consideration of a Clean Air Taxi Policy [ACTION]

·         Dir Machen:  Read some amendments to the resolution.

·         Pres Gillespie: Proposes some amendments approved by the DOE.

·         Vandana Bali, Department of Environment:  Appreciates the opportunity and as amended the DOE supports the resolution. 

·         Com Slaughter: Questions some of the amended language on the resolution.

·         Pres Gillespie: Believes the question was resolved in the resolution and hopes it is reflected in the resolution.

·         Com Breslin:  What is the very key element that brought the DOE and TXC to make the resolution work?

·         Vandana Bali:  Allows the DOE to have one policy and guide to analyze the city green fleet.

 

Public Comment:

·         Hansu Kim, Representing Chrysler:  Glad this went over well. No City like SF for testing for vehicles. Make it clear in the resolution to exempt ramps and legacy testing fleets.

·         Pres Gillespie: How would we address a vehicle in the context of testing vehicles?

·         Vandana Bali: The language is sufficient and we are always working on new technologies.

·         Hansu Kim:  Chrysler will go to another city if this exemption does not include these testing vehicles.

·         Jim Gillespie: Is this final analysis going to include wells to wheels and will there be a green list.

·         Barry Taranto: Support certain parts of the resolution however CNG vehicles must be refilled more frequently and sometimes pumps are broken or out of service so it wouldn’t be fair to charge drivers using these vehicles.

·         Emil Lawrence:  Against entire resolution because the comparisons between vehicles are erroneous.   MUNI will be using frying oil in future for buses and no one has talked about this issue and how it will affect taxis.

·         Dan Hinds:  Purchased 2 new green vehicles. 

·         Ruach Graffis: Put the shield up in a van and during a 6 week period did not have shield and was robbed. 

·         Pres Gillespie: NYC is taking a miles/gallon and they have a shield mandate as well and hopefully there will be a vehicle that will have a shield and meet green house gas emissions.

·         Joe Mirable:  NYC standards stronger than SF especially if it includes CNG vehicles. 

·         Todd Campbell, Clean Energy:  Commends the Commission on moving ahead with this resolution.

·         Thomas George Williams: Vehicle list should be flexible and test models should be included.  A gate increase is not fair; Commission should not make drivers pay.

·         JoanAnn Radu-Sinaiko: As a disabled person and driver, ramps should not be included.  Easier to step into a car than out of a van.  But supports green vehicles.

·         Doug Cameron, Clean Energy:  Thanks Commission and staff for their work on this.

·         Marc Gruberg:  Allow the amendments to first be seen by the public before voting.  AB 118 law will help CNG but will also help with other green vehicles. 

·         Peter Witt: If people with disabilities are not to be treated differently, then why are ramps to be exempt?

·         Andy Sinaiko: Why not bring the PUC onto this issue and have them regulate traffic lights.

·         Marty Smith:  Hybrid vehicles are getting larger and all types of technologies are getting better.

·         John James, Lincoln and Mercury:  Chrysler working on bus hybrids. CNG vehicles are more adaptable and longer to enable shields.  AB 118 doesn’t include hybrids.

·         Tariq Mehmood: Commission not asking the drivers for their thoughts on driving these vehicles. Just passing this legislation and ignoring paratransit.

·         Pres Gillespie: Vote on proposed amendments and then a second vote on other amendments proposed.

·         Com Breslin:  I would like to see the final resolution before taking a vote. 

·         Com Slaughter: Motion to approve resolution with amendments.

·         Com Paek:  Second motion.

·         Pres Gillespie: Would like to make an amendment to include Chrysler to allow their legacy testing fleet program. 

·         Com Oneto: Not comfortable with allowing one company the exemption.  The commitment from DOE is enough in this resolution.

·         Com Slaughter:  If it is a whereas clause and not a resolve than this shouldn’t be a problem.

·         Com Benjamin: Motion to approve resolution with all amendments.

·         Com Paek: Second motion.

 

AYES: Gillespie, Breslin, Benjamin, Oka, Paek, Slaughter, Oneto       No: 0
Absent:     0                                                                                             Recuse: 0

 

 

7.   Adoption of Findings for Grasshopper Alec Kaplan Medallion Number 9062 [ACTION]

 

·         Dir Machen: Overview of item.

·         Zadik Shapiro, Attorney for Grasshopper Alec Kapplan: Overview of case and reports findings.

·         Com Oneto: Motion to recuse Com Slaughter from voting on Grasshopper Alec Kaplan findings.

·         Com Paek: Second motion.

AYES: Gillespie, Breslin, Benjamin, Oka, Paek, Slaughter, Oneto       No: 0
Absent:     0                                                                                             Recuse: 0

 

·         Com Breslin:  Issue of public safety not in the findings, which it should be.  Why was it not included?

·         Dir Machen:  I am asking myself the same thing and we should include that in the findings.

·         Pres Gillespie:  Can we continue the adoption of this item to include more findings.

·         Steve Murray: He was acquitted on assault charges.  Just because he is irritating to people does not mean things can be exaggerated.

·         Carl Macmurdo: The attorney was not contracted to attend the past meeting and Commission should not vote on these findings. 

·         Ruach Graffis: Grasshopper always picked her up at all times she called for a taxi. 

 

8.   Public Comment (Please limit public comment to items NOT on the agenda; also limited to public that did not speak during Special Order)

·         Tariq Mehmood:  No one should be harassed by anyone else inside or outside this commission.

9.  Adjournment 10:45 pm

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