Sweeping Civil Rights Lawsuit Alleges Racial Bias In Implementation Of California Climate Policies

By Michael Shellenberger : forbes – excerpt

Top civil rights leaders are suing California for climate policies they say disproportionately harm its poorest residents, particularly Latinos and African Americans.

“California politicians are using anti-racist and environmentalist words to hide the regressive impact of their climate policies on the poor and people of color,” said John Gamboa, the co-founder of The Two Hundred, a coalition of prominent civil rights leaders, which filed a lawsuit against the California Air Resources Board (CARB) in Superior Court…

“California’s climate leaders have decided to intentionally increase traffic congestion — to lengthen commute times and encourage gridlock — to try to get more people to ride buses or take other forms of public transit,” the legal complaint alleges…

Lefcoe, who is not involved in the case, said the lawsuit’s challenge to transportation policies is particularly powerful. “Automobiles are the survival mechanism for low-income people,” noted Lefcoe. “If you try to increase the cost of automobiles, you hurt low-income people...(more)

This is one of the most interesting lawsuits to come out that ties low and middle income earners to private vehicles. Given the new distancing guidelines and the importance of drive-through services this is an important case. Allegations of misuse of the cap and trade funds is an interesting component.

Mission Street merchants hate the red lanes, regardless of any benefits to transit

By Liliana Michelena and Abraham Rodriguez : missionlocal – excerpt

A door-to-door survey of 73 Mission businesses reveals deep unrest

Nearly three years after the city installed red bus lanes on Mission Street, merchants still hate them. Fewer cars on the street, they said, has translated into fewer people visiting their shops, and a drop in sales that threatens many of the businesses.

A door-to-door survey of 73 businesses on the Mission Street corridor from 16th to 24th Streets revealed that the changes have been especially hard to stomach for older businesses, many of which are owned by Latinos and Asians. Moreover, few feel they have any organization or city official to turn to…

Although Uber and Lyft have been around longer, the impact on traffic in San Francisco — and likely on Mission Street as well — spiked in 2016, the year the red lanes went in… (more)

 

Muni chief steps down amid growing pressure over harassment allegations

By Joe Fitzgerald Rodriguez : sfexaminer – excerpt

John Haley, San Francisco’s top Muni official, has announced his retirement just one month after his assistant sued the agency, accusing Haley of groping and harassing her.

The head of the San Francisco Municipal Transportation Agency, Ed Reiskin, commended Haley’s time at the agency in a press statement…

More than 60 women from across every division of the 6,000 employee agency banded together to deliver anonymously written testimony to SFMTA leadership on October 22, urging them to quickly and thoroughly address harassment allegations.

“We represent women from various divisions and job classifications throughout the agency” reads the introduction letter to the women’s testimonies. “Many of us are scared to speak up. We all want you to engage us. We all want change.”… (more)

 

Muni cuts ties with contractor who pleaded guilty to bid-rigging, federal fraud

By Joe Fitzgerald Rodriguez : sfexaminer – excerpt

San Francisco’s transportation agency is severing ties with Derf Butler, a city contractor who pleaded guilty to bid-rigging and federal fraud last week.

Butler, named in a federal indictment as the owner and president of Butler Enterprise Group, was also named in the federal trial of Raymond “Shrimp Boy” Chow when court documents revealed transcripts of FBI wiretaps where a colleague claimed Butler bribed a San Francisco official.

The San Francisco Municipal Transportation Agency told the San Francisco Examiner Monday it has terminated its outstanding contracts with Butler Enterprise Group following Butler’s guilty plea in U.S. District Court last week. The company was awarded two $1.6 million public outreach contracts by the SFMTA in August last year, even after Butler himself was federally indicted in April 2017 for an alleged bid-rigging scheme to defraud the U.S. Department of Energy. The company also previously was a subcontractor on the Central Subway project… (more)

A San Francisco man was living in his car when it was towed. Now he’s suing the city

By Eli Wirtschafter : kalw – excerpt (include audio tape)

Last December, James Smith’s car was towed as a consequence of unpaid parking violations. Smith was homeless, and the car was his only shelter. Now, Smith filing suit against San Francisco, arguing that towing for debt-collection is unconstitutional.

James Smith, a 64-year-old San Franciscan, used to volunteer for the Coalition on Homelessness. He would help families find places to stay for a night. Sometimes he’d even open up his own little apartment.

Smith never expected that one day, he’d be the one living on the streets.

“Never, ever,” says Smith. “I asked myself, ‘what did I do wrong?’”… (more)

Supes grant themselves power to appeal SFMTA decisions

by Joshua Sabatini : sfexaminer – excerpt

The Board of Supervisors on Tuesday voted to give itself the power to hear appeals of San Francisco Municipal Transportation Agency decisions on issues including stop sign installations, some bicycle routes, parking meter rules and creating or modifying so-called Private Transportation Programs…

The legislation was introduced by Supervisors Aaron Peskin and Ahsha Safai, who had previously considered placing a charter amendment on the ballot to split up the transit agency but instead opted to move forward with this “compromise” proposal.

“Supervisor Peskin and I have worked on this legislation for over a year,” Safai said. “The genesis of this, colleagues, was the general frustration that many of us have felt on this board with our interactions with the SFMTA.”

The legislation was approved in an 11-0 vote…

Paul Rose, an SFMTA spokesperson, told the Examiner Tuesday that “we look forward to working with the Board of Supervisors as we continue to make progress on improving all transportation options and making the streets safer for everyone.”

He added that the new appeal process covers “certain MTA decisions, including Residential Parking Permits, color curb coordination, meter time limits, and commuter shuttles.”…(more)

Congratulations to all our readers and supporters! You made this happen by your efforts and demands for changes and improvements to the agency that had until now very little oversight and no reason to listen to complaints or demands. We still have a lot of work to do but now there is a way forward. Put together your request, get the backing of your supervisor and put in your requests. You should expect to see a new noticing system and a new civility at the department. If things do not see any improve, let the authorities know. Details on what is covered are here:
Legislative language: Leg Ver5, Legislative digest: Leg Dig Ver5

 

 

 

 

Credit union files taxi medallion suit against SFMTA

By Julia Cheever : sfbay – excerpt

A credit union that helped The City of San Francisco sell taxi medallions has sued a city agency over financial losses caused by the collapse in value of the medallions amid the rise of ride-booking services such as Uber and Lyft.

The lawsuit was filed against the San Francisco Municipal Transportation Agency in San Francisco Superior Court on Tuesday by the nonprofit, member-owned San Francisco Federal Credit Union.

It seeks $28 million in compensation plus an order requiring The City to buy back unsellable medallions for the $250,000 purchase price.

The lawsuit charges the SFMTA violated alleged promises to keep the taxi business vibrant, shore up the value of the medallions and buy back any medallions that it couldn’t resell.

Instead, the law suit claims:

“…[SFMTA] has elected to stick its head in the sand while the credit union and hardworking taxi driver medallion owners are saddled with all the burdens.”… (more)

Ordinance introduced at Roll Call January 23, 2018: Board of Supervisors Review of Certain Municipal Transportation Agency Decisions

We hope this clears up the details of the Supervisors’ plans to address some of our problems with the SFMTA by adopting an ordinance and consider a Charter Amendment that addresses neighborhood issues at the district level. We are looking forward to further explanations as the Supervisors work out the details. Stay tuned.

Ordinance: 180089  [Transportation Code – Board of Supervisors Review of Certain Municipal Transportation Agency Decisions] Sponsors: Safai; Peskin

Link to Ordinance Language

Ordinance amending Division I of the Transportation Code to establish a procedure for Board of Supervisors review of certain Municipal Transportation Agency Decisions. ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee.

Existing Law

Notwithstanding the SFMTA’s exclusive authority to adopt various parking and traffic regulations, Charter section 8A. 102(b)(8) permits the Board of Supervisors to establish procedures by which the public may seek Board of Supervisors review of certain SFMTA decisions ; however, the Board of Supervisors have not yet adopt procedures to provide for such review.

Amendments to Current Law

This ordinance amends Division I of the San Francisco Transportation Code to establish procedures for review of certain SFMTA decisions by the Board of Supervisors. The ordinance: (1) creates definitions for “Final SFMTA Decision,” “Private Transportation Program,” and “Proximity to Final SFMTA Decision”; (2) establishes a procedure for the public to request review of a Final SFMTA Decision by the Board of Supervisors; (3)  requires that notice of the review hearing be posted in the Clerk’s Office; and (4) provides a procedure for the Board of Superiors to affirm or reverse a Final SFMTA Decision following the review hearing.

Background Information

Supervisors Safai and Peskin requested legislation to establish a procedure for Board of Supervisors review of certain SFMTA decisions.

YOU WON! The Supervisors heard your demands for relief from the excesses of the SFMTA and calls to decentralize the department.

All your efforts to get the attention of City Hall paid off. You have a chance to take back control of your streets. You also have some good questions to ask the candidates who are running for office in your district.

Charter Amendment – Jurisdiction Within City Government Over Parking and Traffic Matters

Here is the first draft of the language put forth to as a proposal to amend the charter that establishes the authority of the SFMTA, referred to as the SFMTA Charter Amendment ballot initiative. Please review this and let your supervisors know how you feel about this amendment. Contacts are here.

As of this week, the Supervisors have announced a new Ordinance that would take place a lot sooner and would bring the control over neighborhood issues into the jurisdiction of the Supervisors. The plan is to try that out for a few months to see if a Charter Amendment is needed to straighten out the problems that the public is having with the SFMTA department.

The Ordinance will be posted soon. Sorry for any confusion that was caused by lack of detailed information. We generally track the media and on this issue the media is confused. Therefore we are getting mixed messages. As of Wednesday, January 24th, the deadline for the Charter Amendment was amended to be on the November ballot. There is plenty of time to work with your Supervisor to find out how this new Ordinance may apply to your problem.

FILE NO. 171309 First Draft, 12/12/2017 : LEGISLATIVE DIGEST

BOARD OF SUPERVISORS  [Charter Amendment – Jurisdiction Within City Government Over Parking and Traffic Matters, sponsored by Peskin and Safai

Read it here and follow the updates here.

Describing and setting forth a proposal to the voters at an election to be held on June 5, 2018, to amend the Charter of the City and County of San Francisco to eliminate the San Francisco Municipal Transportation Agency’s jurisdiction over parking and traffic regulations; to grant the legislative authority over parking and traffic to the Board of Supervisors; to create a new Livable Streets Commission and Department to manage parking and traffic; and affirming the Planning Department’s determination under the California Environmental Quality Act.

Existing Law:

Currently the Charter grants the San Francisco Municipal Transportation Agency (SFMTA) exclusive jurisdiction over local public transportation, taxis, and a variety of parking and traffic related functions. The SFMTA Board has legislative authority to adopt regulations related to parking and traffic. The SFMTA Board also serves as the Parking Authority Board with responsibility over a number of garages.

Amendments to Current Law:

The proposed Charter Amendment would eliminate the SFMTA’s exclusive jurisdiction over parking and traffic issues, and taxis. It would create a new Livable Streets Commission and Department that would have authority over parking and traffic functions and taxis. The Livable Streets Commission would be comprised of the members of the Municipal Transportation Agency Board of Directors. The Board of Supervisors would have legislative authority over parking and traffic. Under the amendment parking and traffic functions under the responsibility of the Livable Streets Commission include:

• Setting rates for off-street and on-street parking, and all other, rates, fees, fines, penalties and charges for services provided or functions performed by the Department;
• Controlling the flow and direction of motor vehicle, bicycle and pedestrian traffic;
• Designing, selecting, locating, installing, operating, maintaining and removing all official traffic control devices, signs, roadway features and pavement markings;
• Limiting parking, stopping, standing or loading as provided by state law and establishing parking privileges and locations subject to such privileges for categories of people or vehicles as provided by state law;
• Establishing parking meter zones, setting parking rates, and selecting, installing, locating and maintaining systems and equipment for payment of parking fees;
• Establishing policies for the enforcement of regulations limiting parking, stopping, standing or loading and the collection of parking-related revenues and, along with the Police Department, have authority to enforce parking, stopping, standing or loading regulations;
• Cooperating with and assisting the Police Department in the promotion of traffic safety, among other things;
• Having authority over taxi-related functions and taxi-related fares, fees, charges, budgets, and personnel; and
• Coordinating the City’s efforts to address emerging mobility services.
• The proposed Charter Amendment also provides that the Livable Streets Commission would serve as the members of the the Parking Authority
  Commission. The Livable Streets Commission would have authority over City-owned off-street public parking facilities, except those specified as under the jurisdiction of other City departments.

The proposed Charter Amendment provides for an operative date for the transfer of jurisdiction and the creation of the Livable Streets Commission of July 1, 2019.

(First Draft, 12/12/2017)

Transportation gentrification: How Bus Rapid Transit is displacing East Oakland

by youth scholars at Deecolonize Academy and POOR Magazine : sfbayview – excerpt

We youth scholars from Deecolonize Academy and POOR Magazine submitted 14 FOIAs – Freedom of Information Act requests – to 14 departments in the City of Oakland, only to receive a series of messages from two of the departments saying, “We have no documents,” and no word from the others.

On Jan. 16, we will be making a demand to the City of Oakland and AC Transit that, with the money they received for BRT, they support Oakland residents to be able to stay here as reparations for the millions of dollars they are receiving to displace us out of here. If you would like to join us, please email poormag@gmail.com…(MORE)

This article basically sums up what we have been observing and reporting on for the last five or six years. Public transit funds are being used to displace “vested” residents here and on a world-wide basis. The gold standard has been replaced by the biggest LAND GRAB in history. Instead of relying on cornering a commodity, the robber barons are rapidly grabbing up the one truly limited resource on earth.

They started by grabbing control of our public streets, claiming our once free streets “streets are not free”. Once they “take” our streets, they take our homes, that they refer to as “housing”, claiming we can’t afford  any more.

Unfortunately, our early warnings were correct. Now what can we do about it? This series of articles offers helpful information and suggestions on ways to fight back.Let your political leaders know that you know what they are doing,and who they are serving whether they know it or not.

Some action items and contacts at the state and city level:
https://discoveryink.wordpress.com/sf-actions/

Low-income housing units lost in Oakland, study shows Anti-eviction Mapping Project shows how housing for poor people is being replaced with housing for tech workers…(more)