Posts Tagged ‘agreement’

City Attorney Dennis Herrera Seeks Court Orders Requiring Uber and Lyft to Follow the Law

Friday, July 21st, 2017

IMO:

  • I’m not sure if it’s the job of the City Attorney to “strike the right balance” betwixt UBER / Lyft convenience vs. traffic congestion.
  • This Travis Kalanick sentence is the highlight: “I had hoped with the changes to its leadership that Uber had reformed its corporate culture.” Not necessarily sarcastic, but it has a bite nevertheless.
  • If a San Francisco taxi driver tells you to get lost because s/he doesn’t want to take you all the way out to the Sunset (which would make money for the driver, just maybe not as much as expected, or as average) or says, “I don’t take people to the Potrero projects,” well that’s a misdemeanor called Failure to Convey. IDK if is this kind of law applies to UBER Lyfters right now. Anyway, that’s what they’re getting at with the talk of discrimination.
  • Oh, and the reason why UBER started here in the Frisco bay first has to do with longstanding SFMTA policies of taxi regulation. Late night ballers such as Travis K had a bear of a time getting home at night – at 2:00 AM on a weekend night sometimes you’d see hundreds of people within a block of Broadway / Columbus with their arms up trying hail a cab. This had to do with a taxi shortage what valued certain people more than the general taxi riding public.

JMO

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Anyway, just released:

Herrera seeks court orders requiring Uber and Lyft to follow the law – Herrera moves for court to enforce his subpoenas requiring Uber, Lyft to turn over records on safety, disability access and operations

SAN FRANCISCO (July 21, 2017) — City Attorney Dennis Herrera announced today that he is requesting court orders to compel Lyft, Uber and two Uber subsidiaries to comply with subpoenas issued on June 5, 2017.  The subpoenas were issued as part of the City Attorney’s investigation into whether ride-hailing companies are creating a public nuisance in San Francisco.

Herrera today filed petitions in San Francisco Superior Court seeking a court order requiring the companies to comply with the subpoenas. The subpoenas are aimed at ensuring Uber and Lyft’s estimated 45,000 drivers in San Francisco do not create a public nuisance by jeopardizing public safety, discriminating or otherwise violating local and state laws.

The administrative subpoenas seek four years of records in eight categories, including miles and hours logged by drivers, incentives that encourage drivers to “commute” to San Francisco from as far away as Fresno or Los Angeles, driver guidance and training, accessible vehicle information, and the routes taken by these drivers in San Francisco.

Herrera is turning to the courts after giving the companies multiple opportunities to comply with the subpoenas.

“Unfortunately, Uber is doing what it always seems to do: raise obstacles and drag its feet— all while continuing to flout the law,” Herrera said. “To its credit, Lyft was more responsive, but in the end they also raised unreasonable roadblocks. They provided a minimal amount of documents before deciding not to comply with the rest of our request. And they have so far failed to execute a confidentiality agreement that would protect any legitimate trade secrets.  From the beginning, we have been clear that the companies must comply with these subpoenas.  These motions are the next step in protecting the rights of the people who live and work in San Francisco.”

On June 22 Herrera won a court ruling requiring Uber to comply with a separate subpoena from Treasurer José Cisneros to help ensure that Uber drivers have business licenses. The court found Uber’s arguments unpersuasive in that case.

San Franciscans and city leaders alike are concerned with public nuisance, public safety, accessibility, discrimination, compensation and other issues arising from the explosive growth of companies like Uber and Lyft.  Herrera issued his subpoenas as he investigates these issues.  He has also requested information about congestion and environmental impacts.

“The status quo is not working,” Herrera said.  “There’s no question that Uber and Lyft offer convenience.  But convenience for some cannot trump the rights of every San Francisco resident and visitor, including the safe enjoyment of our roads and bike lanes. I’m trying to strike the right balance here.  ”

After the subpoenas were issued, Lyft contacted the City Attorney’s Office and worked with the city to try to craft a confidentiality agreement that complies with the subpoena and with public records law, while also protecting trade secrets from public disclosure.  Lyft ultimately was not willing to move forward with a satisfactory agreement, demanding unreasonable provisions.

Uber objected to the subpoenas and refused to produce any documents or data at all. It waited until the June 20 deadline to send a letter telling the city it was declining to produce the information but would be available to “meet and confer regarding Uber’s concerns.”  After that, Uber representatives were slow to meet, late to respond and then non-committal. They have failed to comply with the subpoena.

“Uber was stalling,” Herrera said.  “I had hoped with the changes to its leadership that Uber had reformed its corporate culture. So far, that doesn’t seem to be the case. Both Uber and Lyft were given ample opportunity to follow the law. They chose not to, so now we’re in court.”

Additional documentation from the case is available on the City Attorney’s website at:https://www.sfcityattorney.org/

ASSIGNMENT DESK: Did Mayor Ed Lee Sign a “Joinder Undertaking Agreement” to Prevent SFGov Employees from Criticizing 2024 Olympics?

Wednesday, January 21st, 2015

There’s a reason why I ask:

Boston-city-employees-told-not-badmouth-olympics

“If you’re a Boston city employee, there’s now an official decree: don’t badmouth the Olympics. Documents obtained by the Globe through a public records request to City Hall show Mayor Martin J. Walsh has signed a formal agreement with the United States Olympic Committee that bans city employees from criticizing Boston’s bid for the 2024 Summer Games.”

And didn’t we agree to a similar contract eleven years before the 2012 Olympics? I think so.

So it would make sense that we signed, or would have signed, the same agreement with the USOC had we not lost the vote earlier this month in Denver, right?

So, SF2024 was cool with that? So like tens of thousands of City and County workers would have been gagged by Mayor Ed Lee?

You see, this is why the corrupt IOC prefers dealing with backward governments like those in China and the former Soviet Union.

Anyway, there’s a way to find out, right?

Have at it.

(BTW, some of the 2024 Olympics people around town have already turned into the 2028 Olympics people. That means they are rooting for Boston to lose at the IOC vote, the better to have an American city chosen in 2028. How good-spirited they are, these Olympic Dreamers!)

UPDATE: Oh, here you go, looks like it’s referred to as a Joinder Agreement, and most likely it was signed by somebody with authority last month, one presumes the Mayor, if he’s going to be gagging all SFGov workers. This was a requirment to advance to this month’s vote, it looks like:

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News Release: “Lt. Gov. Gavin Newsom’s Statement on the University of California’s Threat to Increase Tuition Fees”

Thursday, November 6th, 2014

It’s on. Here’s Gav’s reply to this recent effort from President Janet Napolitano

***News Release*** – Lt. Gov. Gavin Newsom statement on the University of California’s threat to increase tuition fees

Contact: Andrea Koskey, Communications Director

California Lieutenant Governor Gavin Newsom issued the following statement on the University of California’s threat to increase tuition unless the state appropriates additional funds, thereby breaking its two-year old tuition-freeze agreement negotiated in 2013 in exchange for increased state funding:

The University of California cannot bestow pay raises on its top earners with one hand, while continually taking more from students and their families with the other and deflecting criticism by laying its solution at the door of taxpayers. New funding must be tied to earnest and innovative attempts to reduce the university’s cost structure and promote affordability and accessibility, not threats that reward the status quo.”

Background

The proposed increase to students comes just two months after the same board approved up to 20 percent increases to four chancellors and increased a base salary for a new chancellor by 23 percent of his predecessor. These decisions are not tied to performance or outcomes.

Lieutenant Governor Newsom believes that high-level solutions could be factored in to meet the growing costs.  For instance, UC facilities system-wide could save $500,000 per contract if in-house employment was used over outside contractors; another $160 million could be saved if UC offered an Associate Degree to Transfer Program from California Community Colleges, similar to existing program between community colleges and California State Universities; and millions could be saved if the failed IT implementation of UC Path was addressed. That program’s repayment costs have ballooned to $200 million over the next 20 years.

The University of California system has received numerous increases to financial resources including full funding of State’s Cal grant program; expansion of the middle-income fee grants covering one-half of tuition and fee increases for middle-income students from families earning up to $120,000; 20 percent increase in state funding as part of a multi-year stable funding plan; a 5 percent increase from the 2014-15 state budget contingent a tuition freeze through 2016-17; and $50 million to promote innovative models of higher education at the campus level that result in more bachelor’s degrees, improved four‑year completion rates, and more effective transfers between the community colleges and the universities.

Explaining to the Employees of Yammer Microsoft How They’re Not Really “Giving Back” to the Mid-Market Area

Thursday, April 11th, 2013

I don’t know, you can look right here for one version of the story about why Yammer Microsoft is doing so, so, soooooo many great things for San Francisco.

Or you can ask Microsoft Yammer why it doesn’t want to pay its fair share of taxes.

Leave us begin.

In 2004, the Mayor of San Francisco signed a law that closed a tax loophole.

Later on, that very same Mayor took a lot of money from the owner owner of a building with which you Microsoft Yammerers should be familiar, the Twitter Building:

Prospective Twitter Landlord Gave Newsom Rent Deal

That kicked off the whole tax boondoggle that Microsoft Yammer is taking advantage of now.

Oh, here it is:

“THIS COMMUNITY BENEFIT AGREEMENT 2013 MEMORANDUM OF UNDERSTANDING is made as of January 1, 2013 in the City and County of San Francisco, State of California, by and between YAMMER, A SUBSIDIARY OF MICROSOFT(“Microsoft”) and the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation (“City”) acting by and through the City Administrator”

And it goes on and on talking about all the things that Microsoft is obligated to do for non-profit organizations that just happened to have endorsed Appointed Mayor Ed Lee.

So, well meaning white people who appear to be so, so, soooooo very proud of giving monitors worth (let’s hope) at least the contractually obligated $10,000 agreed to by MS….

….my question to you is this:

WHY DON’T YOU SIMPLY PAY YOUR FUCKING TAXES INSTEAD OF DOING ALL THIS POLITICALLY-CONNECTED, PAT-YOURSELF-ON-THE-BACK RIGMAROLE?

I’ll do all the legwork if you’ll give me some basic tax and income information. So maybe some years that could end up being a lot of money. I’d say, ooh, IPO! That’s going to cost Microsoft SF a few million bucks. And then you’d cut a check for the general fund.

There’d be no Ron Conway-type exception for you.

What’s that? You can’t afford to pay the oppressive taxes and loophole closures signed into law by the San Francisco Mayors of Yesteryear?

You know, I don’t believe that, Yammer Micro$oft.

What’s that, you’d rather move to Brisbane or someplace in San Mateo County?

Well, then be my guest. (You know, most people pricing apartment rentals in town lately would welcome your departure. You think I’m joking? No, I’m srlsy.)

What’s that, you like “giving back” to the corrupt Twitterloin, ’cause you think it’s a kewl thing to do and whatnot?

Fine, do that AND pay your fair share of taxes to the General Fund, why not?

That would be groovy.

But what you’re doing now is getting involved with SFGov corruption in the most corrupt big American city west of Chicago.

Just saying.

Oh, here’s some reading material to explain what you’re involved with, Microsoft. It’s from a time long before Yammer.

Enjoy your private-public neo-corporatism.

All the deets, in searchable form, after the jump.

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Can You Really Sign Binding Legal Documents with Your Handle? Yes – Meet “John The Animal Protector Mounier”

Monday, January 14th, 2013

Here he is:

Click to expand

I’ve never seen anything like that in a signature line.

In other news, Charlie lives – he just got a life sentence on a farm someplace after his mouthpiece struck a plea bargain with Dennis Herrera and the San Francisco City Attorney’s Office.

But, come to think of it, attorney John Mounier is actually “The Animal Attacker Protector,” IRL.

Oh well.

Should San Francisco Be Making Trade Deals With China, In Light of Its Bullying of Vietnam, the Philippines, and Others?

Tuesday, July 24th, 2012

So today’s the day of the big ceremony with elements of the single-party state known as the People’s Republic of China announcing some kind of trade deal with the City and County of San Francisco.

So let’s check the international news. Seems as if the Chinese Navy recently went down to the Philippines to establish a new “city” called Sansha. I think it was yesterday.

Check it:

Beijing’s planned deployment of a military garrison to Sansha brought a swift response from President Aquino. He said, “If someone entered your yard and told you he owned it, would you agree? Would it be right to give away that which is rightfully ours?” Protesters hold banners while chanting slogans during an anti-China protest along a street in Hanoi, July 22, 2012. ​​Vietnam has also criticized the establishment of Sansha, calling it “serious violation” of Hanoi’s sovereignty over the Paracel and Spratly chains, which it claims as part of Danang city and Khanh Hoa province respectively.”

Here’s a map of territorial claims in the oceanic area betwixt Vietnam and the Philippines. Do you see which county is farthest away? That’s right, it’s China. And do you see which country has the biggest claim? That’s right, it’s also China. Why is that?

Historically, other countries have had imperial ambitions in this part of the world, of course. But these days it’s all China all the time.

Is that a good thing?

Now let’s hear from Chinese Consulate advisor / Mayor Ed Lee advisor Rose Pak – perhaps she could shed some light:

When asked what message she would like to convey to the Chinese government, Pak said, “On what moral ground do we have as United States citizens lecturing what China should do when our own President would drum up falsehoods and bomb Iraq back to the stone-age, killing several hundred thousand innocent Iraqis.”

“Look at all the problems in the world, (they) are all created by Western countries with their phony-baloney moral standards,” Pak added.”

OK fine.

Remembering the Cosco Busan Oil Spill Three Years Later – Turns Out That Everybody was to Blame

Wednesday, November 10th, 2010

Has it been only three years since the Cosco Busan, the leakiest 2001 Hyundai ever, spilled 58,000 gallons of bunker fuel* into the bay? Seems longer.

Anyway, turns out that a dude who supposed to be up front looking out for stuff in the pea soup fog was downstairs in the galley eating breakfast. I did not know that, no sir. Of course, the idea to depart on sked despite the fog came from the bar pilot, so that’s the person who’s primarily responsible. But there still plenty of blame to go around. Deets below.

Screeeeeeeeeeeeeeeech!

Click to expand

All right, it’s Blame Time:

The National Transportation Safety Board determined the following probable causes of the accident:

– the pilot’s degraded cognitive performance from his use of prescription medications, despite his completely clean post accident drug test,
– the absence of a comprehensive pre-departure master/pilot exchange and a lack of effective communication between Pilot John Cota and Master Mao Cai Sun during the accident voyage, and
– (COSCO Busan Master) Sun’s ineffective oversight of Cota’s piloting performance and the vessel’s progress.

Other contributing factors included:

– the failure of Fleet Management Ltd. to train the COSCO Busan crewmembers (which led to such acts of gross negligence as the bow lookout eating breakfast in the galley instead of being on watch) and Fleet Management’s failure to ensure that the crew understood and complied with the company’s safety management system;
– the failure of Caltrans to maintain foghorns on the bridge which were silent despite the heavy fog;
– the failure of Vessel Traffic Safety (VTS) to alert Cota and Sun that they were headed for the tower. VTS is legally required to alert a vessel if an accident appears imminent, yet they remained silent;
– the malfunctioning radar on the COSCO Busan, which led Captains Cota and Sun to use an electronic chart for the rest of the voyage. Although Coast Guard investigators found the radar to be in working order, they did not examine it until days after the accident (allowing time for faulty equipment to be fixed, which is not uncommon after a marine accident)
Captain Sun’s incorrect identification of symbols on the electronic chart;
– the U.S. Coast Guard’s failure to provide adequate medical oversight of Cota, in view of the medical and medication information he had reported to the Coast Guard

Happy Anniversary, Cosco Busan, or should I say MSC Venezia? Don’t ever come back.

The patched-up ship finally hits the road, back in aught-seven – this was the last time we’ll ever see the Cosco Busan in the Bay Area, most likely:

*Yeah, Wiki is still wrong on that gallonage figure, partly due to the U.S. Coast Guard sitting on information for months and months ’cause they didn’t want to earn themselves any more bad press.

Jerry Brown Throws Down: Organic Cigarettes Might Not Be a Healthy Choice for You

Monday, March 1st, 2010

Our California Attorney General Jerry Brown can’t abide you smokers out there thinkingorganic” cigarettes from American Spirit are better for you than other cigarettes. So he just cut a deal with the Santa Fe Natural Tobacco Company affacting how these ciggies will get marketed in California. Deets below.

Anyway, an appealing package, IMO:

The deets:

Brown Secures Agreement with American Spirit Cigarettes Maker over Misleading Marketing of Organic Tobacco Products

Los Angeles-Attorney General Edmund G. Brown Jr. today announced that his office has secured an agreement with Santa Fe Natural Tobacco Company, Inc., the manufacturer of American Spirit tobacco products, that requires the company to clearly disclose that its organic tobacco is “no safer or healthier” than other tobacco products.

Attorneys general from 32 other states and the District of Columbia signed onto today’s agreement.

Stamping an organic label on tobacco products is ultimately a distinction without a difference-organic or not, cigarettes are bad for your health,” Brown said. “Today’s settlement with Santa Fe Natural Tobacco Company ensures that all future advertisements make it clear that organic tobacco is no safer or healthier.”

Jerry Brown, automático para la gente:

More deets after the jump.

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Cosco Busan Oil Spill Endgame: Chinese-Based Fleet Management Ltd. to pay $10 Mil.

Friday, February 19th, 2010

Here’s the news from the boys and girls at Justice, below.

Patched up and riding high – the last time we saw the Cosco Busan back in 2007. Will it ever come back? She’s called the MSC Venezia these days, currently working in the Canaries.

Oh well, she’s not the first Hyundai to leak oil into San Francsico Bay, and she won’t be the last.

The full release, after the jump

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Jerry Brown Throws Down – Maker of Oral Contraceptive Yaz to Pay $20 Million

Monday, February 9th, 2009

You know about Yaz from Bayer HealthCare, right? Perhaps these videos will refresh your memory. Well, that effort was determined to be a tad deceptive, so now Bayer is going to have to spend $20 million publicly correcting their misleading assertions about the Yaz.

Here’s the gritty nitty from California Attorney General Jerry Brown.

Read all about this Yaz situation below

via Stacy Lynn Baum

Campaign to Correct Misleading Information about Oral Contraceptive

More deets after the jump.

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