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SFMTA home > About Us > Meetings > Taxicab Commission > September 23, 2008

TAXICAB COMMISSION MINUTES

September 23, 2008, 2008 at 6:30 p.m.

City Hall,1 Dr. Carlton B. Goodlett Place

Room 400

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

Cell phone admonishment

1. Call to Order/ Roll call -6:36 pm

2. Staff Report and Commissioner Announcements [INFORMATION]

· Executive Director Jordanna Thigpen: Overview of the IATR Conference in LA.

· Sgt. Reynolds: Update on suspensions and complaints.

· Com Breslin: While at the IATR, did you learn if any other Taxi Commission was also under their local MTA?

· Pres Gillespie: Some cities are still under the police but most are under the transportation agency. Many of our ideas have been adopted by other cities.

· Com Breslin: Glad to know that the merger is not something new.

· Com Benjamin: We were supposed to discuss the meter fare increase at this meeting.

· Director Thigpen: Report will be out before October 14, 2008 and we will discuss it then.

Public Comment:

· Richard Hybels: Dispatch companies give doormen money for fares.

· Director Thigpen: Charter Reform meeting for September has been cancelled. Rules committee will meet October 14, at 10:30pm and the MTA Advisory Committee will meet October 2, at 1:30pm.

· Emil Lawrence: What is the minimum rule for shifts within 24 hours?

· Booya: Westin St. Francis called a B&W cab out of the line for a fare.

· Barry Taranto: Sgt Reynolds is doing a great job.

· Tariq Mehmood: All hotels have limos waiting at the door.

· Mark Gruberg: Serious problems with limos and is unacceptable.

· Gratch: There is no cash payment required at B&W. Some drivers tip the bellman but there are no rules prohibiting it. Only employees are prohibited.

3. Consent Calendar [ACTION]

· Director Thigpen: Remove all items in C & D for discussion and recusals.

Public Comment:

· Richard Hybels: Louis Peppars agreed to keep the medallion at Metro until October 1, 2008.

· Tariq Mehmood: Drivers should not be allowd to be fired from a lease.

· Jim Gillespie: Congratulations to all applicants receiving medallions.

· Jacob Mayzel: Stephen Tan misunderstood the application but has since filled it out correctly. He is currently single-shifting.

· Booya: How can a medallion holder fire a driver without notification?

· Com Oneto: Motion to approve item A-August 26, 2008 minutes and item B September 9, 2008 minutes.

· Com Paek: Seconds motion

· AYES: Benjamin, Breslin, Gillespie, Oneto, Paek, Suval NO: 0

· ABSENT: 0 RECUSE: 0

· Com Oneto: Motion to approve color scheme changes for items C2- Marty Smith Delta to Luxor, and C3- Louis Peppars Metro to Luxor as of October 1, 2008.

· Com Paek: Seconds Motion

· AYES: Breslin, Gillespie, Oneto, Paek, Suval NO: 0

· ABSENT: 0 RECUSE: Benjamin

· Com Oneto: Waive required notice for item D3-John Seible

· Com Paek: Seconds motion

· AYES: Benjamin, Breslin, Oneto, Paek, Suval NO: 0

· ABSENT: 0 RECUSE: Gillespie

· Com Oneto: Motion to grant medallion to D1-Raymond Delgado, D2- Alan Lee, D3- John Seible

· Com Suval: Seconds motion

· AYES: Benjamin, Breslin, Oneto, Paek, Suval NO: 0

· ABSENT: 0 RECUSE: Gillespie

· Director Thigpen: Overview of C1- Stephan Tan. Staff has learned that there is a judgment against him for $9,000 issued by a San Mateo court. The suit claims he illegally and unlawfully defrauded his drivers. Possibility he is treating his current or future drivers the same.

· Com Breslin: Would like Mr. Tan to address the questions.

· Mr. Tan: Driver filed suit in small claims court for loss of wages after he was fired. But in fact he didn’t want to switch from Yellow to Town, so he was let go. Will be single shifting until transfer is approved and will hire drivers from Town.

· Jacob Mayzel: Town was not aware of any lawsuit. If Mr. Tan would like to switch from single shifting to gas and gate he can.

· Barry Taranto: Commission should continue this for further investigation.

· Tariq Mehmood: There is another driver operating that medallion.

· Com Breslin: Commission has not put together color scheme change standards and cannot hold up this change.

· Com Benjamin: What will you being doing with the judgment?

· Mr. Tan: Will appeal it.

· Com Breslin: What is the current status of the medallion?

· Director Thigpen: It is still in operation.

· Com Benjamin: There are no rules that allow us to continue this and motions to approve the color scheme change from Yellow to Town.

· Com Paek: Seconds motion.

· AYES: Benjamin, Breslin, Oneto, Paek, Suval NO: 0

· ABSENT: 0 RECUSE: Gillespie

4. Consideration of Proposed Procedures for Commission Disciplinary and Qualification Hearings [INFORMATION]

· Director Thigpen: Overview of item, will present changes at next meeting.

· Com Paek: Would like a copy of the medallion holders application.

· Com Breslin: 120 days to review/ investigate an application is a lot of time.

· Director Thigpen: Some folks are either out of the country or response needed from other departments is delayed.

· Com Breslin: Need to systemize waybills especially if burden of proof is included. Double spaced detail is to detailed.

Public Comment:

· Carl Macmurdo: The first section should go directly before the commission to save time.

· Gratch:If the rule is going to occur, due process should be included.

· Tariq Mehmood: Burden of proof should be on the driver.

5. Taxi Commission v. Martin Jakob:[ACTION]

Consideration of Summary Suspension of Medallion # 479, Martin Jakob, for violations of Rules 4.A.1 and 4.A.3 for allowing an unpermitted driver to operate his medallion vehicle

· Sgt Reynolds: Overview of case.

· Pres Gillespie: Do you want us to uphold the suspension?

· Sgt Reynolds: Is not right for Taxi detail to make the arrest and issue the violation.

Public Comment:

· Martin Jakob: Owner of the medallion in question has worked with drivers for sometime. Was not aware the A card was expired. He was not notified by the Taxi Commission either. All charges were dropped by the judge and the A-card was paid.

· Gratch: Unprecedented case. Driver was not notified he was to go back to taxi school. This is not the medallion holders fault but rather the A-card holder.

· Sgt Reynolds: All drivers attend training and should be aware of the A-card renewal process.

· Emil Lawrence: Martin Jakob not taking full responsibility.

· Keith Raskin: Cost already incurred and is steep. Why does it have to be off the street to be considered?

· Cory Lamb: Drivers, owners, and companies need to take responsibility.

· Barry Taranto: Sgt Reynolds is doing a good job. Why did Treasure’s Office allow the renewal of the fee of the A card?

· Bashir Rahimi: Everyone should follow the rules and regulations.

· Pres Gillespie: Commend Sgt Reynolds has sent a strong message to industry. Off the street for several weeks and drivers haven’t driven. Staff to bring this case forward but to reinstate the medallion. Color schemes and medallion holders are responsible.

· Com Breslin: Mr. Jakob addressed this case seriously and appreciates it. Drivers are jeopardizing the business and the Treasurer’s Officer should be question in their practices.

· Com Oneto: Motion to lift suspension.

· Com Paek: Second motion.

· AYES: Breslin, Gillespie, Oneto, Paek, Suval NO: 0

· ABSENT: Benjamin (left early) RECUSE: 0

*** SPECIAL ORDER*** 7:30-8:00

6. Public Comment

· Barry Taranto: Has an issue with the way Com Breslin treats staff. Why have standards if you don’t comply? President Gillespie should have a roll call vote.

· Com Breslin: Hotel Vitale is having a taxi zone painted.

· Tariq Mehmood: Gas issue should be addressed.

· Emil Lawrence: Most companies outside San Francisco have raised taxi fees.

· Bashir Rahimi: San Franciscans pay high rent and gas but drivers get paid the least.

· Carl Macmurdo: Would like a moratorium on ADA applicants until after it is heard but the court.

· Bill Mounsey: Airport shuttles are also taking fares from drivers.

· Mark Gruberg: UTW has helped hundreds of drivers on all issues.

· Com Breslin: Should not use public comment to advertise.

· Kajendra: UTW has lost support of drivers

· Mohamed: Did the executive director send a letter to the Controller requesting the report?

7. Consideration of Hearing Officer’s Recommendations in Taxi Commission v. Azam Enazzer: [ACTION]

· Consideration of Hearing Officer’s Decision to Revoke P-16 Permit # 431 for Violation of the Prop. K Full Time Driving Requirement, MPC § 1081(b) for 2001, 2005, and 2006; and Violation of MPC § 1138, accurate and legible waybills.

· Director Thigpen: Overview of the case.

· Geoffrey Rotwein, Attorney for Defendant: Rebuttal

Public Comment:

· Bill Mounsey: Taxi Commission can’t make decisive decisions and that should not be the case.

· Emil Lawrence: Defendant seems to have violated all Commission laws and should not have a medallion.

· Tariq Mehmood: This should be reheard since it doesn’t seem like he has had a fair case.

· Bashir Rahimi: Should give him another trial.

· Jacob Miezel: Ennazer has been driving for Town for 2 years and has completed the driving requirement.

· Com Oneto: Motion to adopt hearing officer’s decision.

· Com Suval: Second motion

· Com Breslin: It is unfair to count his waybills. Commission should establish a waybill system for drivers.

· Pres Gillespie: He is claiming Yellow lost his waybills, but they are a very reliable company when storing waybills.

· AYES: Benjamin, Breslin, Gillespie, Oneto, Paek, Suval NO: 0

· ABSENT: 0 RECUSE: 0

8. Consideration of Hearing Officer’s Recommendations in Taxi Commission v. James Neilly: [ACTION]

· Consideration of Hearing Officer’s Decision to Revoke P-16 Permit 897, National Taxi Company, Violation of Section 1081(b) of the San Francisco Municipal Police Code

· Director Thigpen: The noticed item should not say revocation but rather fine. Overview of the case.

· Geoffrey Rotwein, Attorney for Defendant: Agrees with the Hearing officer’s recommendation but states there was a discrepancy in a June waybill that the hearing office acknowledged and the Commission should reduce the fine to $925.

No Public Comment:

· Com Benjamin: Motion to adopt hearing officer’s decision and amendment to the original fine to be reduced to $925.

· Com Suval: Second motion.

· AYES: Benjamin, Breslin, Gillespie, Oneto, Paek, Suval NO: 0

· ABSENT: 0 RECUSE: 0

9. Consideration of Hearing Officer’s Recommendations in Taxi Commission v. Rahimi (Rahimi I) [ACTION]

· Consideration of Hearing Officer’s Decision to Revoke P-16 Permit 1135, P-16 permit held by Abdul Bashir Rahimi aka Sayed Bashir Rahimi aka Bashir Rahimi, formerly Bay Cab now DeSoto Cab, for violations of the San Francisco Municipal Police Code Section § 1081(f); MPC § 1110, MPC § 1138, Taxicab/Ramped Taxi Rules & Regulations Rules 4.A.1, 4.A.2, 4.A.12.

· Director Thigpen: Overview of the item

· Bashir Rahimi: Would like to request a continuance of one year to be able to get an attorney. Goes over documents that he believes prove that he did drive.

· Com Oneto: Motion to support hearing officer’s decision

· Com Paek: Second motion

· AYES: Gillespie, Oneto, Paek NO: Breslin, Suval

· ABSENT: Benjamin (left early) RECUSE: 0

10. Consideration of Hearing Officer’s Recommendations in Taxi Commission v. Rahimi (Rahimi II) [ACTION]

Consideration of Hearing Officer’s Decision to Revoke P-16 1135 and P-44 Taxi Driver (“A-card”) Permit 62705 held by Bashir Rahimi for violations of Rules 4.A.1, 6.D.1 and 6.E.1

· Director Thigpen: This item also has been noticed as a revocation, but should be noticed as summary suspension. Overview of the item.

Public Comment: None

· Com Breslin: Suspended Rahimi from driving but allow medallion to operate. Not in agreement with hearing officer’s findings.

· Com Paek: Motion to accept hearing officer’s recommendation.

· Com Oneto: Second motion

· Com Breslin: Would like to amend it so that he cannot go to the airport.

· AYES: Gillespie, Oneto, Paek NO: Breslin, Suval

· ABSENT: Benjamin (left early) RECUSE: 0

11. Adjournment -11:30 PM

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