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Council MeetIng January 20,1998
Santa MOnica, Califorma
./~N 20 1998
TO
Mayor and City Council
FROM
City Staff
SUBJECT Recommendation to Hold a Public Heanng and Introduce for First Reading
an Ordinance to Authorize the City Manager to Approve a Pilot Program for Pedicabs
that would exempt them from certain rules and regulatlons for taxicabs
INTRODUCTION
This report recommends that the City Council hold a public heanng and Introduce for first
reading the attached Ordinance to allow the City Manager to approve a one-year pilot
program for pedicabs that would exempt them from certain rules and regulations for
ta>(Icabs
BACKGROUND
On December 2,1997, CIty CounCil approved In concept the establishment of a pilot pedicab
program and directed the City Attorney to prepare an ordinance to amend certain sections
of the Santa MOnica MUniCipal Code to authOrize the establishment of a pilot program for
pedicabs as non-motorized vehicles for hIre and authOriZIng the InclUSion of pedicabs under
Tax Rate Group III bUSiness claSSificatIon, and directed the City Manager to prepare rules
and regulations for such a pilot program The attached ordinance (Attachment A) has been
prepared and IS presented to the City CounCil for first reading
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JAM 2 0 1998
The Main Street Merchants' Association Board of Directors voted unanimously to support
the concept of establishing this pedIcab program on Wednesday, January 7, 1998
DISCUSSION
Staff suggests that the pedicab program not be codified In the MUniCipal Code at this time
because It IS a temporary, pilot program Therefore, the attached ordinance does not
modify the Code Instead, It simply provides that pedicabs may be operated on a certain
portion of Main Street for up to one year beginning April 1, 1998 The proposed
ordinance also directs the City Manager to prepare rules and regulations for pedicab
operations Staff antiCipates conducting an evaluation after the program has been
operating for SIX months
In drafting those Rules and Regulations (Attachment B), Staff Included a number of
requirements concerning bUSiness license, driver permits, non-employee operation,
Insurance requirements, baSIC operating rules, slgnage, and equipment, based on the
research with other cities If the pedicab program IS successful, these requirements
would form the baSIS of proposed reVISions to the Municipal Code concerning pedicabs
The requirements contained In the Draft Rules and Regulations Regarding Pedicabs
Included a requirement for drivers to obtain a Pedicab Driver's Permit from the City, show
proof of a current valid California Driver's License, and an authorization from the pedicab
company whose pedicabs he or she will be operating The pedicab companies are
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required to obtain a business license, provide $1 million liability Insurance with
Indemmflcatlon of the City, and obtain a decal for each pedicab licensed from the
Business License DIvIsion In a procedure similar to that used for taxicabs
Vehicle specifications will Include battery-operated headhghts, taillights and brake lights,
turn signals, hydraulic or mechamcal disc brakes, spoke reflectors and a whip antenna
with a flag as mandatory equipment
Operating rules follow the experience of other cities except with regard to route For the
purpose of the pilot program, pedicabs would be limIted to the bicycle lanes on Main Street
As dIscussed at the December 2, 1997. Council meeting, Staff will conduct an evaluation
after SIX months, and review the pilot program With the Planmng CommiSSion prior to
returning to Council With recommendatIons for expanding or making the program
permanent
BUDGET/FINANCIAL IMPACT
There are minimal budgetary and financial Impacts generated by the proposed ordinance
changes from bUSiness license fees and permits, estimated not to exceed $80000
RECOMMENDATIONS
It IS recommended that the CIty Council hold a public hearing and Introduce for first
reading the attached Ordinance to authOrize the City Manager to approve a one-year
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pilot program for pedicabs that would exempt them from certain rules and regulations for
taxicabs
Prepared by
Attachment "A"
Attachment "B"
Jeff Mathieu, Director of Resource Management
Howard Robinson, EconomIc Development Manager
Gwen Pentecost, Sr Admin Analyst, EconomIc Development
Proposed Ordinance
Rules and Regulations Regarding Pedicabs
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City Council Meeting 1-20-98
Santa MOnica, California
ORDINANCE NUMBER
(City CouncIl Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING A PILOT
PROGRAM FOR THE USE OF PEDICABS
ON A PORTION OF MAIN STREET
WHEREAS, the operation of pedicabs In Santa Monica could be beneficial to
residents and VIsitors both as an employment source and as an attractive nonpolluting
mode of transportation for sightseeing. and
WHEREAS, MaIn Street IS an appropnate street upon whIch pedIcabs could be
operated because of the width of the street, the volume of vehicles traveling on the street,
and the fact that pedIcabs can be accommodated wIthin the Class II bIke lanes on Main
Street, and
WHEREAS, a one year pIlot program would allow the City to evaluate the Impact
of pedicabs on bicycle and vehicle traffic on Main Street,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS
SECTION 1 Notwithstanding any Santa MOnica Municipal Code Section to the
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Attachment A
contrary, pedicabs may be operated on Main Street south of PICO Boulevard and north of
Manne Street, In Santa MonIca, California, for a one (1) year penod begInning April 1,
1998 The City Manager shall promulgate separate rules and regulations for pedicabs
which may exempt pedicabs from certain rules and regulatIons for taxIcabs and vehicles
for hire
SECTION 2 Any provISion of the Santa MonIca MunIcIpal Code or appendices
thereto Inconsistent with the provIsions of this Ordinance, to the extent of such
inconsistenCies and no further, is hereby repealed or modified to that extent necessary to
effect the provIsIons of this Ordinance
SECTION 3 If any section, subsection, sentence, clause, or phrase of this
Ordinance IS for any reason held to be Invalid or unconstitutional by a decIsion of any court
of competent JUrisdIction, such decIsIon shall not affect the validIty of the remainIng
portions of thiS Ordinance The City Council hereby declares that It would have passed
thiS Ordinance and each and every sectIon, subsectIon, sentence, clause, or phrase not
declared Invalid or unconstItutional WIthout regard to whether any portion of the ordinance
would be subsequently declared Invalid or unconstitutional
SECTION 4 The Mayor shall sign and the City Clerk shall attest to the passage of
thiS Ordinance The City Clerk shall cause the same to be published once In the offiCial
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Attachment A
newspaper within 15 days after Its adoption This Ordinance shall become effective 30
days from Its adoption
APPROVED AS TO FORM
ftfL'-~U-Q..d-r.4
MARSHA JONES'MOUTRIE
City Attorney
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Attachment A
City of Santa Monica
Pilot Program
DRAF]-
Rules and Regulations Regarding Pedicabs
Definitions
(a) Driver "Dnver" mcludes every person m charge of operating any self-propelled
vehicle for hue ("Pedicab") mentioned m this sectiOn TIus may include the owner, or the
owner's employee, or an mdependent contractor
(b) Pedicab Any self-propelled, three wheeled cycle used for the transportation of
passengers for hIre or dehvery Items Wlthm the boundanes of the CIty and propelled by human
power through a system of belts chams, or gears Charges for use of such vehIcle may be by
dIstance traveled, tIme, or both For further specificatIons, see "EqUIpment" near the end of thIS
document
(c) Pedicab Owner Any person, business, or company whIch owns pedIcabs for hue
and eIther leases them to dnvers or hues drivers for the purpose of offenng these pedIcabs to the
publIc as vehIcles for hue
( c) Vehicle for Hire. F or the purposes of these Rules and RegulatIOns, "VehICle for
HIre" IS defined as a pedIcab or pedlcycle
(d) Stand. "Stand" 15 a place deSIgnated by the Parkmg and Traffic Engmeer of the CIty
for use by any pedIcab for hIre lIcensed hereunder whtle awaItmg employment
Rules and Regulations
The CIty Manager shall have the authonty to adopt such rules as m hIS Judgment are
necessary for the servICe and safety of the dnvers, the pubhc, and the owners of the vehlcles
used herem Any rules and regulations so promulgated shall be filed m the office of the CIty
Clerk where they shall be kept on file and made avatlable for inspection by the publIc
Business License and Pedicab Decals Required
No person shall conduct any vehicle for hue busmess as a PedIcab Owner WlthOUt first
having obtained a Business LIcense from the LIcense DIviSIOn III comphance WIth Santa
Momca MunIcipal Code 6 04 020 and 6 08 150 Each owner IS reqUIred to carry specIfic
msurance as outlined in "Compulsory Insurance Coverage" below Each Pedicab Owner must
regIster and ohtam decals for each pedIcab he or she WIshes to operate m the CIty of Santa
Monica from the Business License DiVISIon as per S M M C 6 48 130 The decals are avaIlable
on a fiscal year basis for a fee of $10 per pedicab from the License DIVISIon, and Wlll be affixed
by the PolIce Department to the individual pedicab bemg registered Such permIt shall expire
on June 30th each year, unless revoked, suspended, or canceled before that date or unless the
CIty elects to cancel the pet:hcab program after the initIal pilot phase comes to an end, at whIch
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Attachment B
hme all pedicab decals are null and vOId The City reserves the nght to hmlt the number of
pedicabs operatmg withm the City A pedICab which IS discovered to not meet the rnlmmum
eqmpment standards listed below may have Its decal revoked
Pedicab Driver Permit/Photo Badge Required
No person shall operate any pedicab for hire Without havmg in hiS or her posseSSIOn a
current Pedicab Dnver Permrt/Photo Badge from the License DIVISion Such permit shall expire
on June 30th each year, unless revoked, suspended, or canceled before that date or unless the
City elects to cancel the pedicab program after the InItial "pilot" phase comes to an end
Authonzation for such permlvphoto badge must first be obtained from the Pollee Department m
the form of a pohce permit In order to receive the pemut/photo badge, person applymg must be
eighteen years of age or older, have a current, vahd CalIfornia Dnver's License, and a letter
from the pedicab company whose pedicabs the applicant Wlll be operatlng The PolIce
Department may reqmre mformatlon pertaming to the character and background of the
pernllttee Upon receipt of the applicable polIce permit/photo badge fee and Issuance of a
poltce permit to applIcant, the Pohce Department shall Issue a permitfphoto badge to the
applicant The PolIce Department may reject, With cause, the applIcant's request The cost for
the Pedicab Driver's PermivPhoto Badge IS $10 00 per year, paid by the applIcant A one-hme
fingerpnnt fee of $5000 wtll be charged to each appltcant The Pedicab Dnver PermltlPhoto
Badge IS not transferable The cost for a duplicate badge In the event a dnver loses hiS or her
permit or photo badge IS the same as the purchase of a new permit/photo badge, but without the
fingerpnnt fee
Non-employee Operation Permitted
Pedicabs may be operated or dnven by persons other than the Pedicab Owner or hiS
employees pursuant to a contract, agreement, or lIcense between the Owner and Dnver by the
terms of which a Dnver pays to the Owner a fixed or detemllnable sum for the use or operatIOn
of such pedicab Such non-employee operation is subject to aU of the requirements of these
Rules and Regulattons Pedicab Owner shall be fully responsible for the actIOns of these
drivers, whether employees or not
Compulsory Insurance Coverage
Before any ltcense IS Issued or renewed, the Pedicab Owner shall be requued to file With
the License Division and, thereafter, keep In full force and effect, a policy of msurance m the
amount of $1 mtllton and tn the form speCified by the City This poltcy must be executed by an
msurance company acceptable to the City, indemmfymg the CIty, and insuring the publIc
agamst any loss or damage that may result to any person or property from the operatIOn of such
vehicle whether or not that vehicle operates withm rules and regulatlons adopted by the City
Manager Requuements are attached No person shall operate any such vehicle Without havmg
a policy as descnbed m this SectIon in full force and effect at all tImes dunng the operabon of
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Attachment B
such vehICle
Operating of Pedicabs
(a) Pedicabs for hue shall only be operated by a dnver with a current Pedicab Driver PermIt
from the City of Santa Monica as required above Pedicabs shall not be operated by members of
the general publIc who do not have such a Permit
(b) No person shall operate a pedicab whIle under the mfluence of alcoholIc beverages or drugs
(c) No person shall operate a pedicab m any manner which Impedes or blocks the normal or
reasonable movement of pedestnan or vehicular traffic unless such operatIOn is necessary for
safe operation or In complIance With law
(d) Every person operatmg a pedicab shall be subject to all applIcable laws, rules and
regulatIOns of the Santa MOnIca MUnICipal Code and the Vehicle Code of the State of California
governmg the operatIOn of bicycles upon streets and pedestrian or bIcycle facIlities
(e) No person shall operate a pedIcab With more than two adult passengers plus one addItional
mmor under 18 years of age at one tIme Passengers must remam seated throughout the nde and
must wear seat belts
(f) No person shall operate a pedicab over any route not approved by the City Manager or the
City Parkmg and Traffic Engllleer Pedicabs shall operate Wlthlll bicycle lanes at all tImes
(g) Whenever a pedIcab IS avallable for hIre, the pedIcab may be parked at any place deSigned
by the CIty Manager or City Parking and Traffic Engineer as a pedIcab stand or in any motor
vehICle parklllg place or on pnvate property With the exceptton of empty metered parkmg
spaces on Malll Street
(h) When pIckmg up or unloadmg passengers at locatIOns other than stands, dnver must do so
m a manner consistent with the safety of customers and the pubhc and m no Clfcumstances more
than three feet from the curb Dnver may not load or unload passengers from Wlthlll traffic
lanes or the bIcycle lane unless that bICycle lane IS located ImmedIately adjacent to the curb
(1) Fares must be posted III a manner VISIble to all passengers These fares may not be exceeded,
although a dnver may elect to negotiate a lower fare With the passengers
Pedicab Signs
Every pedIcab shall have pnnted on the Side or rear of pedIcab the name of the hcensee
(pedIcab Owner) under whIch the pedIcab IS operated and With the telephone number, in letters
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Attachment B
at least 1 lUch high and 3/16ths lOch stroke The pedicab number as Identified by the owner shall
also be pnnted upon the sIdes and rear of such vehicle, In letters a mlntmUm of 3/4 lnch hIgh
and 1/8ths mch stroke A Sign stating the maximum rates charged, and a notice that weanng of
seatbelts by passengers is required shall be readily dlscernahle by passengers ndmg in the
pedicabs Every pedicab shall have affixed on the rear of the pedicab a decal from the City of
Santa Monica identifymg It as registered With the City Advertlsmg signs on pedicabs are
prohibited
Equipment
(a) No vehicle shall be operated as a pedicab for hire unless It IS m a clean and safe
condition so as not to mjure or damage the person, clothmg, or possessIOns of a passenger The
pedicab's extenor shall be clean and essentially free from cracks, breaks, and major dents It
shall be pamted to prOVide adequate protectIon and a neat and clean appearance
(b) Every pedicab shall have the following mimmum properly working equipment or
safety features
1 A battery or generator-operated headhght, taIllights, runmng hghts, and brake hght
2 Turn Signals VISible from the front and rear of the pedicab,
3 Hydraulic or mechamcal dISC brakes on the rear axle of the pedicab,
4 Spoke reflectors placed on each wheel and tape type reflectors showmg the front and
back Width of the pedicab
5 A brightIy~colored flag or whip antenna with flag on the left rear of the vehicle at a
heIght of not Jess than SIX feet and not more than seven feet
6 Seat belts for maximum number of passengers to be carned (up to two adults and
one mmor)
Revocation of Permits
Any Pedicab Owner, Pedicab Decal, or Driver's permit may be suspended or
revoked by the Chief ofPohce for a violatIOn of the above proVISions
John Jahh, City Manager
City of Santa Momca
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Attachment B
Pedicab Insurance Requirements
The pedIcab lIabIlIty Insurance to be provIded by each Pedlcab Owner must
comply WIth all reqUIrements lIsted below
1 The PedIcab Owner must keep in full force and effect a polley of lIabIlIty
msurance in the amount of One MIllIon Dollars($l nulhon) The CIty IS to be
listed as an additIOnal msured on the polIcy and provIded, m wntmg, WIth a 30-
day notice m the event of cancellatIOn SubstantiatIon of the additional insured
must be provIded on the bmder and poltcy endorsement
2 The CIty will only accept lllsurance policIes for vehIcles for hire whIch are
underwntten by msurance cornpames that are
a AdmItted earners III the State of CalIfornIa and covered by the CalIfornia
Insurance Guarantee ASSOCIatIon, or
b Non-admitted Insurers who, after exammatIOn by the Risk Manager, are
found to have at least a ratmg of A 6 as determined by the A M Best
Company
3 All WTltten correspondence and documentation concerning liability msurance on
Pedicabs is to be submItted to Business LIcense Division of the CIty of Santa
MOnIca - attentIOn BUSIness LIcense Supervisor
4 AI1msurance brokers or agents representIllg Pedicab compames requestmg or
having a business license must prOVIde a copy of their Broker's or Agenfs
LIcense from the Cahfornla Department of Insurance and a complete copy of
thelf profeSSIonal ltability errors and omIssions policy on an annual basis to the
CIty
5 All pedICab compames requestIng or haVIng a bUSIness lIcense must provIde the
CIty WIth a complete copy of their habIhty msurance poltcy A bmder from the
msurance company WIll be accepted only If the policy has not been produced and
then only fOf a maxImum penod of SIXty days from the pohey incepnon date
6 All Illsurance deductlbles or self-msured retentlons under the habtlny policy must
be declared to the City at the time Insurance venficatlOn is submItted For all
deduc!lbles or self-insured retentions, the msurance company must proVIde a
guarantee of payment of all Iossesfclaims under eIther the deductible or self-
Insured retentIon m a form acceptable to the City' s RIsk Manager
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Attachment B
7 All requested vehicle addltlons or deJetlOns to the Illsurance pohcy must be
submItted on an approved msurance company bmder form followed wlthm Sixty
days wlth a wntten endorsement from the Illsurance company confirming the
change
8 Allmsurance pohcles must proVide the City wIth a sIxty-day note of cancellatIOn
of the poltcy
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Attachment B