Meeting Minutes for 07/11/2007 Meeting Between s4

OFFICE OF THE CITY COUNCIL

CHERYL L. BROWN 117 WEST DUVAL STREET, SUITE 425 DIRECTOR 4TH FLOOR, CITY HALL OFFICE (904) 630-1452 JACKSONVILLE, FLORIDA 32202 FAX (904) 630-2906 E-MAIL: [email protected]

Special Committee on Vehicles for Hire Meeting Minutes May 23, 2016 10:30 a.m.

Location: Lynwood Roberts Room, 1st Floor, City Hall – St. James Building; 117 West Duval Street

In attendance: Council Members Matt Schellenberg (Chair), John Crescimbeni, Bill Gulliford, Garrett Dennis, Doyle Carter (arr. 10:48)

Also: Peggy Sidman – Office of General Counsel; Jeff Clements – Council Research Division; Ali Korman Shelton and Jessica Baker – Mayor’s Office; Kirk Wendland and Paul Crawford – Office of Economic Development; C.J. Thompson – Fleet Management Division; Tim Alborg – Lyft; Caesar Fernandez - Uber; Brad Braddock – Checker/Yellow Cab

See attached sign-in sheet for additional attendees.

Meeting Convened: 10:32 a.m.

Chairman Schellenberg convened the meeting and the attendees identified themselves for the record.

The committee began with a discussion of penalties, based on the proposal in Ordinance 2014-665 and Ordinance 2015-127, as potentially amended by a draft amendment prepared by Council President Anderson which has not yet been acted on by any standing or special committee. In response to a question from Council Member Crescimbeni, Finance Director Mike Weinstein stated that the insurance provisions agreed to the committee at its last meeting are acceptable to the department with the understanding that the $1 million TNC company coverage becomes effective when the driver turns on the TNC app and is available for business, regardless of whether a ride has been summoned yet or not. With regard to driver background checks Mr. Weinstein said that if City medallions are issued to TNC vehicles then he would recommend the same background check requirements currently required of taxicabs so that both types of transportation are treated equally. The same rationale would apply to vehicle inspections – if City medallions are issued then the City needs to apply the same standard to taxicabs and TNC vehicles. He is concerned that the City be protected from liability suits if it issues medallions that imply some degree of City oversight of or responsibility for ensuring the safety of the transportation service.

In response to a question from Council Member Dennis, the representatives of the taxicab and TNC industries all said that their drivers are independent contractors, not full employees. Mr. Dennis questioned whether the companies or the individual drivers are required to pay for the City’s business

1 license. He is concerned that the City not run a deficit on its vehicle for hire enforcement effort, advocating for charging a sufficient regulatory fee to pay for the City’s service effort. Council Member Gulliford asked the General Counsel’s Office to investigate whether the City could impose a background check requirement as a condition of obtaining a business license in certain specific fields, such as vehicles for hire.

The committee agreed that it had resolved the insurance issue at a previous meeting.

Regarding vehicle inspections, Council Member Crescimbeni advocated for at least annual inspections of all for-hire vehicles by the City using ASE-certified mechanics. Council Member Gulliford advocated for allowing inspections by private ASE-certified mechanics using a City-provided inspection standard. Council Member Dennis advocated for the City establishing a list of acceptable private inspectors. Deputy General Counsel Peggy Sidman explained that ASE certification is personal to the individual mechanic, not to the shop for which they may work, and that the certification is good for 5 years. Council Member Crescimbeni recommended adoption of a system similar to what the Sheriff’s Office uses for its towing needs – a list of registered companies approved by the Sheriff’s Office in each area of the City.

Motion (Crescimbeni): require at least annual inspections of all for-hire vehicles by the City by an ASE- certified mechanic – failed 1-4.

Motion (Gulliford): allow inspections either by the City with an ASE-certified mechanic, or by a private ASE-certified mechanic using a City-provided inspection standards form – died for lack of a second.

Motion (Gulliford): require inspections at least annually – approved 5-0.

In response to a question about the most rigorous inspection requirements for TNCs in Florida, Cesar Fernandez stated that 5 jurisdictions in Florida have adopted TNC ordinances and all allow for inspections of vehicles by independent ASE-certified mechanics. Mr. Fernandez objected to the suggestion that all TNC vehicles must be inspected prior to being put into service on the grounds that they are private vehicles already being driven on the public roads.

Mr. Fernandez said that the 5 jurisdictions in Florida that have TNC ordinances all allow third-party background checks by companies accredited by a national accrediting agency and that all have a provision for audit of the results by the jurisdiction up to twice a year. The most stringent penalty for a discovered violation is loss of the TNC company’s license. Mr. Fernandez described how the audit process works in Broward County where such an audit is currently underway. Mr. Crescimbeni questioned how well the audit process could work if the jurisdiction doesn’t know how many drivers work for the company or who they are, and doesn’t know whose records to request for review. He doesn’t trust that records selected by the company and offered to the City for review are unbiased and represent a random sample of drivers.

Council Member Dennis urged the chairman to request that Uber and Lyft send upper level managers to the next meeting in an attempt to reach some consensus on the issues that have been debated for months with no resolution.

Motion (Crescimbeni): require the background checks be performed by the City and require fingerprint identification – died for lack of a second.

The committee will meet again on June 8th at 10:30 a.m.

2 Meeting Adjourned: 11:33 a.m.

Minutes: Jeff Clements, Council Research Division 5.23.16 Posted 1:00 p.m. Tapes: Special Committee on Vehicles for Hire – LSD 5.23.16