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RE: Draft Corvallis rideshare documents



Councilors, please see below.  Copies will be at your places on Monday night.

 

From: City Attorney Brewer
Sent: Wednesday, September 13, 2017 6:24 PM
To: Holzworth, Carla <Carla.Holzworth@xxxxxxxxxxxxxxxxxxx>
Subject: FW: Draft Corvallis rideshare documents

 

Will you please add this to the public record?  We may need to have it at the Council’s places.

 

Jim

 

From: Jim Brewer [mailto:jkbrewer@xxxxxxxx]
Sent: Wednesday, September 13, 2017 6:09 PM
To: 'Jon Isaacs' <jisaacs@xxxxxxxx>
Cc: 'Matt Neururer' <mattn@xxxxxxxx>; 'Rachel Pojunas' <rachel.pojunas@xxxxxxxx>; 'Sassaman, Jon' <Jon.Sassaman@xxxxxxxxxxxxxxxxxxx>; 'Shepard, Mark' <mark.shepard@xxxxxxxxxxxxxxxxxxx>; 'Traber, Biff' <Biff.Traber@xxxxxxxxxxxxxxxxxxx>; 'Holzworth, Carla' <Carla.Holzworth@xxxxxxxxxxxxxxxxxxx>
Subject: RE: Draft Corvallis rideshare documents

 

Jon:

 

I’ll be happy to make sure this email is part of the public record for the Council.    I’ve copied the City Recorder so that it can be provided to the Council.

 

I would point out that the companies do have certainty as to the number of possible audits—2 audits per year.  Here is the language:

 

The City may audit Taxi Company and TNC records up to twice per calendar year to review compliance with this chapter. An audit shall occur at a time and location designated by the City. In addition to an audit, the City may require a company to produce records related to an investigation of a specific allegation of a violation of this Code or other applicable law, or to evaluate a complaint. Production of records for an investigation or to evaluate a complaint does not count toward the twice-per-year auditing limit.

 

I understand that your company would like certainty on how the audits will be conducted.  The language your proposed was:

 

Upon request, a Taxi Company or TNC shall provide the City a sample

of records for up to thirty (30) drivers chosen at random from an anonymized list of Drivers affiliated

with that Taxi Company or TNC who have operated in the thirty (30) days preceding the audit.

 

City staff’s view was that 30 drivers for 30 day preceding the audit was too limited.  It may be that some certainty could be provided in an administrative procedure or policy, if the Council adopts the ordinance.

 

Jim 

 

From: Jon Isaacs [mailto:jisaacs@xxxxxxxx]
Sent: Wednesday, September 13, 2017 5:28 PM
To: Jim Brewer <jkbrewer@xxxxxxxx>
Cc: Matt Neururer <mattn@xxxxxxxx>; Rachel Pojunas <rachel.pojunas@xxxxxxxx>; Sassaman, Jon <Jon.Sassaman@xxxxxxxxxxxxxxxxxxx>; Shepard, Mark <mark.shepard@xxxxxxxxxxxxxxxxxxx>; Traber, Biff <Biff.Traber@xxxxxxxxxxxxxxxxxxx>
Subject: Re: Draft Corvallis rideshare documents

 

Jim,

 

The change to the audits section is

​important

. All we want is certainty on the number of

​possible ​

audits and how they will be conducted.

​ I'm confused as to​

 how

​certainty​

 would cause operational difficulty

​. In fact, Salem, a much larger city said this specific language would make things more simpler for their operations. I don't expect that a city the size of Corvallis will have the resources or desire to conduct several audits, but if and when they do excluding our proposed language will add a drawn out negotiation to the process.  It seems that it is in the interest of both parties to set these expectations in city ordinance rather than leave it undefined.

 

Thank you for considering this. I would appreciate if our concern is made visible to the council.  

 

-Jon- 

 

On Tue, Sep 12, 2017 at 6:22 PM Jim Brewer <jkbrewer@xxxxxxxx> wrote:

Jon:

 

City staff certainly appreciates reviewing the requested edits, but we have concerns that they will cause operational difficulties.  While we’ve been reviewing, we have also been discussing a change with Lyft, moving the non-discrimination language to the operational language in Section 8.07.050, rather than as a stand-a-lone at the end of the ordinance.

 

Here is what that section would look like:

 

 

Section 8.07.050 Operational Requirements

1)    TNCs shall maintain records of all trips made by all drivers for at least one year from the

date of the trip. The data may be aggregated and/or anonymized, and shall include, at minimum, the locations by ZIP code of trip origination and destination, vehicle miles traveled, trip origination and completion times, trip duration, and passenger wait times from a driver’s acceptance of a request to passenger pick-up. The City may require a TNC to enter a data sharing agreement in order to receive a License.

2)    All vehicles operating for Taxi Companies shall be clearly marked as such and shall include

the Taxi Company name, phone number, and a vehicle identification number in plain sight. Vehicles operated for TNC services shall be marked with a customary “trade dress” type of identification, such as a sticker or placard. The TNC’s software application or website shall display for the passenger the make, model, and license plate number of the TNC vehicle.

3)    TNCs may not accept street hails, may not use taxi stands, and may only accept rides

arranged through a TNC’s digital network.

4)    Error! Filename not specified.Error! Filename not specified.Error! Filename not specified.Taxi Companies and TNCs shall implement and maintain at all times a zero tolerance policy

on the use of drugs or alcohol applicable to all drivers employed by or affiliated with the company while providing vehicle for hire services. Companies shall provide notice of the zero tolerance policy on their website and/or have it clearly displayed in each vehicle. The notice must include contact information to report a complaint about a driver for possible violation of policy. A company shall immediately suspend a driver upon receipt of a passenger complaint alleging a violation of the zero tolerance policy, for at least the duration of the investigation of the complaint.

5)    Error! Filename not specified.Error! Filename not specified.Taxi Companies and TNCs must provide reasonable accommodations to passengers with

disabilities, including passengers accompanied by a service animal, passengers with hearing and visual impairments, and passengers with mobility devices, and must comply with all applicable requirements of the Americans with Disabilities Act.

6) Taxi Companies and TNCs and their drivers shall operate in a manner that that ensures the equal protection, treatment, and representation of all persons without discrimination, including, but not limited to, age, citizenship status, color, familial status, gender identity or _expression_, marital status, mental disability, national origin, physical disability, race, religion, religious observance, sex, sexual orientation, and source or level of income.

 

Otherwise, I think staff is satisfied with the language in the draft we sent out, at least for this version.  I do expect that there will be some tweaks in the future, and, of course, there is plenty of opportunity for anyone to provide comments, suggest amendment or edits, etc., prior to the Council taking action. 

 

Jim Brewer

541-766-6906

 

 

From: Jon Isaacs [mailto:jisaacs@xxxxxxxx]
Sent: Tuesday, September 12, 2017 10:42 AM
To: Jim Brewer <jkbrewer@xxxxxxxx>
Cc: Shepard, Mark <mark.shepard@xxxxxxxxxxxxxxxxxxx>; Traber, Biff <Biff.Traber@xxxxxxxxxxxxxxxxxxx>; Sassaman, Jon <Jon.Sassaman@xxxxxxxxxxxxxxxxxxx>; Rachel Pojunas <rachel.pojunas@xxxxxxxx>; Matt Neururer <mattn@xxxxxxxx>
Subject: Re: Draft Corvallis rideshare documents

 

Jim, 

 

Attached you will find our very small requested edits to the draft code, which looked excellent overall.  I have included Rachel Pojunas from our legal team, and Matt Neururer, our Oregon Territory Manager on this e-mail to help if you have any questions. 

 

I look forward to seeing you at the council meeting on Monday.  

 

Best, 

 

-Jon-

  

 


 

<image001.jpg>

Jon Isaacs

Public Affairs Manager

+1 5037575721 |  jisaacs@xxxxxxxx  |  uber.com

 

 

On Mon, Sep 11, 2017 at 3:06 PM, Jim Brewer <jkbrewer@xxxxxxxx> wrote:

Jon and Vince:

 

Attached are the draft documents City staff will put in the City Council packets tomorrow.  If you can do a quick review before noon or so tomorrow, and there are not major changes, that input would be helpful.  The police department will also be forwarding to the current taxi operating businesses.  Of course there will be an opportunity to comment during the community comment portion of the agenda on Monday. 

 

Regards, and thank you for taking the time to review this,

 

Jim Brewer

541-752-5154

 

 

 

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​​

 

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