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TAXICAB COMMISSION MINUTES

 

August 26, 2008 at 6:30 p.m.

City Hall,1 Dr. Carlton B. Goodlett Place                    

Room 400

STAFF IN ATTENDENCE:  Executive Secretary Tamara Odisho Benjamin – Taxi Commission, City Attorney Tom Owen, Sergeant Ron Reynolds- SFPD-Detail

  1. Call to Order/Roll Call
  • Roll Call: Com Benjamin, Vice President Breslin, President Gillespie, Com Oneto, Com Slaughter and
    Com Suval   Absent: Com Paek
  1. Staff Report and Commissioner Announcements [INFORMATION]
  • Executive Director Jordanna Thigpen: Overview of staff report.
  • Com Oneto: Why did Board of Appeals set an ADA policy for the drivers on the medallion waiting list?
  • Executive Director Thigpen: The Commission’s ADA policy only applies to medallion holders and stated on the record that the Board does not have the authority to make that accommodation.
  • No Public Comment
  1. Consideration of Amendment to Rule 5.G.4, Vehicle Age [ACTION]
  • Executive Director Thigpen: Overview of the item.
  • No public comment
  • Com Oneto: Motion to approve resolution.
  • Com Benjamin: Second motion.

AYES: Benjamin, Breslin, Gillespie, Oneto, Slaughter, Suval                     NO: 0

ABSENT: Paek                                                                                           RECUSE: 0

 

  1. Consideration of Proposed Rule 5.H.18, Requiring Designated Managers for Color Schemes [ACTION]
  • Executive Director Thigpen: Overview of the item.

Public Comment:

  • Jim Gillespie: Can we have more than one manager?
  • Executive Director Thigpen:  Yes and it specifically provides for that.
  • Jane Bolig: Can we also have a temporary designee?
  • Executive Director Thigpen:  Yes
  • Pres Gillespie: Would like to amend the reporting date from September 1, 2008 to September 15, 2008.
  • Com Oneto: Motion to approve with amendment.
  • Com Breslin: Second motion

AYES: Benjamin, Breslin, Gillespie, Oneto, Slaughter, Suval                     NO: 0

ABSENT: Paek                                                                                           RECUSE: 0

  1. Consent Calendar [ACTION]
  • Executive Director Thigpen:  Remove items B1, B2, B3, B5, B6, B7, C1, all of D for further discussion.

Public Comment:

  • Charles Rathbone: Henry Marciano is a current ramp medallion holder and only short 24 hours because of misunderstanding of the ADA policy.  He hasn’t falsified any documents.
  • Ron Fishman: No one understood the ADA accommodation under Tristan Bettencourt since it wasn’t granted on a calendar year.
  • Tesfamariam Zemikael: Has been driving for many years.
  • Jane Bolig: Congratulations to Kathleen Hughes on receiving her medallion.
  • Tom Stanghellini: Henry Marciano has been driving a ramp medallion for years and is a good driver. Commission should not be nit picking.
  • Barry Taranto: Kathy Hughes great driver. Item E 4 is a ramp and is transferring to SF Taxi and does not have gas and gate.
  • Bob Vitcha: Marian Zaouk C-1 works in dispatch and is a good driver and provided a lot of service and should be considered.
  • Chris Sweis: Tesfamariam Zemikael has been a driver for a long time and has been a full-time driver.
  • Gratch: Bay Cab doesn’t have legal right to use property and urges any color scheme changes be suspended until the situation is resolved.
  • Marty Smith: Roger Cardenas does pay rent to David Van.
  • Com Breslin: Approve A: Minutes B4: Kathleen Hughes, C2: Alice Mak, C3: Fontaine Lai, C4: Daniel Huang, C5: Richard Lubinski, C6: Gary Habeeb, C7: Serajul Islam, C8: Chuong Ta, E1: Wondwossen Mekbeb, E2: Melaku Girma, E3: Getachew Yadeta, E4: Levon Daniltan, E5: Ronald Wolter, E6: Yen Le
  • Com Oneto: Second motion

AYES: Benjamin, Breslin, Gillespie, Oneto, Slaughter, Suval                     NO: 0

ABSENT: Paek                                                                                           RECUSE: 0

 

  • Exective Director: B1- Henry Marsicano came into the office to discuss waybill issue.  Commission can request he produce quarterly waybills for a one year audit.
  • Com Breslin: Motion to approve with quarterly audits
  • Com Suval: Second motion

AYES: Breslin, Gillespie, Oneto, Slaughter, Suval              NO: 0

ABSENT: Paek                                                                   RECUSE: Benjamin

 

  • Pres Gillespie: Willing to grant a continuance to B-2 Tesfamariam Zemikael.
  • Com Slaughter: Reluctant to grant medallion on this basis. But has he been driving and has National lost these waybills?
  • Com Breslin: Why doesn’t National have waybills for either 990 or 496?
  • Com Oneto: Ready to move on this item.
  • Tesfamariam Zemikael: Has driven and submitted all waybills in the years driving.
  • Pres Gillespie: Doesn’t want to grant continuance unless you can clear this up with the color schemes involved. Must provide evidence at next meeting.
  • Com Oneto: Motion to approve B 7- David Chan with the requirement that he retrains with PCC on wheelchair tie downs.
  • Com Slaughter: Second motion.

AYES: Benjamin, Breslin, Gillespie, Oneto, Slaughter, Suval                     NO: 0

ABSENT: Paek                                                                                           RECUSE: 0

 

  • Pres Gillespie: Item C1- Marian Zaouk long timer in the industry,
  • Marian Zaouk: Has not driven enough hours over the years.  Thought the key management exemption applied to her as well.
  • Com Suval: Motion to remove C1- Marian Zaouk from the waiting list.
  • Com Oneto: Second motion.

AYES: Benjamin, Breslin, Gillespie, Oneto, Slaughter, Suval                     NO: 0

ABSENT: Paek                                                                                           RECUSE: 0

  • Sergeant Reynolds: Addresses item D1- B&W Checker. The location 2526 Marin Street  has no fencing, retaining walls and is a carwash, not appropriate for parking taxis.  Drainage for the area is in the carwash and both the fire and environmental departments would need to inspect and approve the site. 
  • Keith Raskin:  2560 Marin Street has been repaired  within the last 6 months, fencing has been installed and drainage goes through the carwash system.
  • Gratch: Need the space for the taxis. The lot at 999 Pennsylvania is marked and identified but space is limited and room is needed for spare vehicles.
  •  Sergeant Reynolds: Item D2- SF Taxi, hasn’t been to the property in several months. But remembers no pavement, electricity, or drainage. Fire and environmental departments would need to inspect and approve as well.
  • Jack Trad: 1600 Davidson is no longer dirt and has spent a lot of money restoring that site. Contract to use the property stricktly prohibits washing of vehicles or oil changes.
  • Sergeant Reynolds: Item D3, Mr. Brother’s wants to park his vehicle at Fox Plaza due to health issues. But unfortunately this is a residential/ office space and is inappropriate.
  • Pres Gillespie: Doesn’t approve of taxis parking offsite or at home when belonging to a color scheme like Yellow.  
  • Com Oneto: Motion to not approve D3- Ronald Brothers to park offsite.
  • Com Slaughter: Second motion.

AYES: Benjamin, Breslin, Gillespie, Oneto, Slaughter, Suval                     NO: 0

ABSENT: Paek                                                                                           RECUSE: 0

  • Pres Gillespie: Continue items D1 and D2 for further investigation.

SPECIAL ORDER 8:00 – 8:30 PM

  1. Public Comment (Please limit public comment to items NOT on the agenda)
  • Barry Taranto:  Staff should have workshop for drivers to fill out waybills. Dispatchers should be eligible but rules are rules.  Staff doing a great job under Jordanna.
  • Emil Lawrence:  Waybill system is obsolete. Digitals copies can be easily emailed to the Commission. Spare is running out at the companies.
  • Bob Vitcha:  Drove cab in NYC for 12 years and parked on the street. Cannot understand why people are complaining.  Taxis are common conveyances.
  • David Pilpal: Staff should enforce public to bring packets back to the table. Item 9 should mention the Board of Supervisors’ resolution urging the Commission to make a ruling on the issue.
  • Masoud Chasouli: Was removed from the waiting list because the Commission had the wrong mailing address.  Should be reinstated.
  • Director Thigpen: Will allow him to come to the office and reapply under Daly/ Ma.
  • Jane Bolig: Congratulation to David Chan for receiving a medallion.  Hopes there’s a way to satisfy the alternate parking issue for Mr. Brothers.
  • David Schnider: UTW represents the spirit of the American labor movement.
  • Mohammed Booya: Hotels have limos and see them taking over even at the airport. When he calls the police at the airport, no ones seems to respond
  • Zuhair:  UTW doesn’t represent him. Need meter increase, many drivers have waybill problems.
  • Assad: Gate was increased but nothing to help drivers. Damaging business. People are reluctant to take taxis if meter is increased.
  • Tariq Mehmood: Waybills are being faked, gas prices are hurting drivers. UTW has been defeated multiple times and will not go away.
  • Carl Macmurdo: Only alternative to waybill is a carbon paper copy.
  • John Han:  Should allow taxis to pick up and drop off at bus stops. No copies of the lease agreement have been distributed. A copy of the lease should be mandatory when the driver signs.
  • Ruah Graffis: Every driver should get a copy of their contract. No free parking on street for taxis but are allowed legally up to 4 hours.
  1. Taxi Commission v. American Cab Co.: Disciplinary Hearing for Medallion # 82 for Violations of 4.A.1, 4.A.3, 4.A.4, 4.C.1, and MPC § 1124 [ACTION]
  • Executive Director Thigpen: Overview of item.  The medallion has reverted to gas and gate addressing the multiple layers issue.
  • Simon Wong:  All the American Cab Company medallions are now gas and gate.

Public Comment:

  • Charles Rathbone: Terrible that this occurred but all the corporate medallions are now gas and gate.
  • Thomas Stanghellini: Medallion has been suspended for 70 days and is now gas and gate, the issues are now resolved and the medallion should be back on the street.
  • Com Slaughter: Motion to lift suspension on medallion #82
  • Com Breslin: Second motion

 AYES: Breslin, Gillespie, Oneto, Slaughter, Suval             NO: 0

ABSENT: Paek                                                                   RECUSE: Benjamin

 

  1. Hearing for Clarification of Ownership and Management Status of Delta Cab Company [DISCUSSION AND POSSIBLE ACTION]
  • Executive Director Thigpen:  Overview of the item.
  • City Attorney:  Permit has been held by one person and the commission can hold a hearing.  But nothing can be done until a transfer of permit is applied for.
  • Com Slaughter:  Commission should treat David Van as owner.  This case should be brought to civil court to be decided.
  • Sergeant Reynolds:  Doesn’t want and can’t get involved in the civil actions. Concern is for the drivers affected by this, similar to Worldwide and Union.  Color scheme is not running properly and will be addressed by staff at a later time.

(No action taken)

 

  1. Consideration of Resolution Urging San Francisco Taxicab Companies Not to Require the Collection of Deposits and Prepayments  from Drivers  [POSSIBLE ACTION]
  • Com Breslin:  Has the commission setup a meeting with EDD?  We should hear from them before voting on this resolution.
  • Executive Director Thigpen: Anticipates someone from EDD coming to a taxi commission meeting.
  • Com Oneto: The resolution only urges the company not to proceed, it’s not a directive. At last Commission meeting, we agreed to support that.
  • Com Benjamin: Comments made have not been from drivers who say they do not want this policy to move forward.
  • Com Slaughter:  Needs more clarity on the issues and can’t pass the resolution as it stands. If it is illegal the taxi commission need not take a stand on the issue.

Public Comment:

  • Ruach Graffis: At UTW meeting frantic drivers frantic showed receipts they were being of being charged twice.
  • Emil Lawrence:  American charges $20 prepayment per shift. Yellow uses cash string for administrative fees.
  • Bill Mounsey: Thought Pres Gillespie would recuse from commenting on this issue. Knows people who’ve paid upfront and not got back any money.  Why does Yellow want to do this?
  • Mauro: Recently left Yellow after being there for 13 years.  Drivers paying 4-5 days in advance.  Brazilian drivers afraid to come to speak before the commission on fear of losing their jobs. Hard to find shifts at other companies, no where else to go.
  • Mark Gruberg: What more could the Commission need to vote on this? Board of Supervisors already passed the resolution.
  • Jane Bolig: There’s a lot we do not know.  Yellow SJ charged 7 million for back taxes and Yellow SF is trying to save gas and gate, not destroy it.
  • Richard Weiner: Yellow has backed off and is using a section of the lease to be able to collect payment, nothing new.  Doing what we need to stay in business. Of the 998 drivers, not many are complaining.
  • Barry Taranto: Interesting banter between driver representative and union representative. DIR showed the commission what it needed to see.
  • Jim Gillespie: No other city in the country has gas and gate.
  • Com Oneto: Motion to adopt resolution:
  • Com Suval: Second motion

AYES: Oneto, Slaughter, Suval                  NO: Benjamin, Breslin, Gillespie

ABSENT: Paek                                           RECUSE: 

 

  • Executive Director Thigpen: Motion fails.
  1. Consideration of Resolution Urging the Governor to Sign SB 1519 [ACTION]
  • Executive Director Thigpen: Overview of the item

Public Comment:

  • Richard Weiner:  Out of town Yellows are a problem and we hope this will remedy the issue.
  • Com Oneto: Motion to approve this item
  • Com Slaughter: Second motion.

AYES: Benjamin, Breslin, Gillespie, Oneto, Slaughter, Suval                     NO: 0

ABSENT: Paek                                                                                           RECUSE: 0

 

  1. Adjournment – 10:30 pm

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