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SR-04-09-2013-7D - 420-000City Council Meeting: April 9, 2013 Agenda Item:? —D To: Mayor and City Council From: Gigi Decavalles- Hughes, Director or Finance Subject: Pedicabs Regulations Recommended Action Staff recommends that the City Council: 1) Introduce for first reading an Ordinance adding Santa Monica Municipal Code Chapter 6.50 to establish pedicab regulations, amend Section 3.12.550 to prohibit pedicabs from operating on the Beach Bike Path, and amend Section 6.48.030 to require pedicabs to have a business license; and 2) Adopt the attached resolution setting annual pedicab permit fees. Executive Summary During a study session on pedicab operations and safety at its October 2. 2012 meeting, Council directed staff to draft an ordinance establishing pedicab regulations. State law grants municipalities authority to regulate pedicab operations. While the proposed pedicab regulations do not establish a franchise system similar to that which was created for the taxicab industry, it does provide for substantial regulations. Pedicab regulations primarily address safety concerns through measures such as prohibiting pedicab operation on the Beach Bike Path and setting minimum pedicab vehicle equipment standards and driver qualifications. The proposed regulations would require pedicab companies to obtain an operating permit and pedicab vehicle permits to ensure that minimum equipment and signage standards are met. Pedicab drivers would also be required to obtain permits to ensure qualifications were met. The Business License Unit would administer all permits in conjunction with Business License processing. Pedicab rules and regulations would be enforced by Code Enforcement staff and "rules of the road" would be enforced by Police Department staff, as it does today for bicycles and other vehicles. In addition to the proposed pedicab regulations, pedicabs are currently subject to all bicycle regulations and 'rules of the road ". For example, under existing law, pedicabs may not operate on the Pier or Third Street Promenade, and cannot impede the flow of traffic or use transit lanes. E Background On June 3, 2012, the City received a business license application from Trike Pilots, Inc., to operate five to eight pedicabs initially, with the stated intent to operate up to 20 in multiple areas of the City. Due to the impact pedicabs could have on circulation, the potential safety issues involved, and because the City has no comprehensive pedicab regulations, a study session was held to seek direction from Council on the extent to which regulations should be developed. At its October 2, 2012 meeting, Council directed staff to return with an ordinance establishing pedicab regulations consistent with State law. Council also directed staff to join any efforts to grant additional authority to municipalities to regulate pedicabs. A pedicab is defined by the California Vehicle Code to mean either a bicycle operated by a person that has three or more wheels (or a bicycle with a trailer) and is capable of transporting passengers for hire on seats attached to the bicycle or trailer. Pedicabs serve as a transportation option for short trips and are also a tourist attraction. They typically serve downtown, convention, and resort areas of California cities including San Diego, San Francisco, Santa Barbara, Huntington Beach, and Long Beach. Due to the increasing popularity of pedicab operations, and in response to public safety, circulation, and fair business practice concerns, several cities have chosen to regulate their pedicab operations. California cities allow pedicabs to operate under varying degrees of regulation, establishing driver permits, vehicle permits, and equipment standards. Los Angeles does not currently permit pedicabs to operate; however, it is commissioning a study to assist with establishing regulations. Long Beach is the only city that utilized a Request for Proposal ( "RFP ") to grant a sole pedicab company permit to operate. Existing Laws The Vehicle Code regulates all streets within the State. The Vehicle Code is broadly preemptive of local law, as Section 21 specifically provides that "a local authority shall not enact or enforce any ordinance or resolution on the matters covered by this [Vehicle] code... unless expressly authorized." To the extent that the Vehicle Code 2 delegates power to local agencies, courts have consistently held that a local agency's exercise of delegated power from the Vehicle Code to prescribe traffic rules would be "strictly construed." Vehicle Code Section 21200 provides that a person riding a pedicab upon a public street has the same rights and is subject to the same requirements as any driver of a motor vehicle. Other sections of the Vehicle Code, as well as sections of the California Streets and Highways Code, regulate pedicabs as bicycles. Under existing law, any pedicab that operates within Santa Monica is subject to the provisions of Santa Monica Municipal Code (SMMC) Chapter 3.12 which regulates bicycles; however, no existing regulations specifically address pedicab vehicle and driver standards. Additionally, under existing law, pedicabs are not allowed to operate on the Third Street Promenade, the Pier, Mass Transit Bus Lanes, or Bus Transit Layover zones (i.e. a red striped curb that is dedicated for buses to park between scheduled routes). Existing law also prohibits pedicabs, along with all other vehicles, from stopping in Mass Transit Bus Lanes for any reason, including loading and unloading passengers. In September 2010, in response to active lobbying by the City of San Diego, Governor Schwarzenegger signed Assembly Bill 2294, sponsored by San Diego Assemblymember Marty Block. AB 2294 amended the Vehicle Code to grant authority to municipalities to regulate pedicabs. State law authorization for local pedicab regulation is somewhat vague and untested. Vehicle Code Section 21100(n) specifically authorizes local legislation to require pedicab drivers to 1) possess a valid California driver's license; 2) complete a bicycle safety training course; and 3) complete a California driver's license examination. While courts are likely to take a dim view toward local legislation that duplicates or conflicts with the Vehicle Code, it is unclear how a court would react to local law that supplements the Vehicle Code in the pedicab area. , Staff believes that the proposed See e.g. City of Hawaiian Gardens v. City of Long Beach (1998) 61 Cal. App. 4' 1100, 1107 regulations are both consistent with the Vehicle Code's authorization for local regulation and necessary to protect public safety. Discussion Customers use pedicabs in lieu of taxicabs or other forms of transportation because they are novel, allow for greater interaction with surroundings, are environmentally friendly, and are efficient. Although pedicabs provide benefits to a city, they also present challenges when employed in areas with high traffic congestion and limited available curb space and street parking. At the October 2 2012 City Council meeting, staff presented the following four options for pedicab regulations: 1. No regulatory change. This option would have allowed pedicabs to operate under existing laws with no additional requirements such as minimum insurance, vehicle standards, or driver requirements. 2. Regulations outlined in California Vehicle Code 21100(n). This option would have only created the requirement that a driver have a driver's license and bicycle safety training. 3. Business Regulations. This option would regulate vehicles minimally and require insurance. 4. Business & Operational Regulations. This option would regulate vehicles extensively, require drivers to obtain permits, require insurance, and require the operators to obtain permits. Council directed staff to draft regulations consistent with option 4 above. Regulations The proposed ordinance provides for vehicle equipment regulations and minimum driver standards that are consistent with the fourth option and are designed to address and Ell alleviate public safety concerns, including restricting pedicabs from operating on the beach bike path. The proposed ordinance would also authorize the City Manager or designee to establish rules and regulations that may include, but are not limited to, provisions governing: pedicab service and safety; pedicab vehicle equipment standards; conditions and qualifications of applicants for operator permits, driver permits, and pedicab decals; and the responsibilities of pedicab operators and drivers. Granting this authority provides staff with the ability to address issues quickly and to respond accordingly as this new program develops. Staff would update Council on changes and, if necessary, bring forward a new ordinance. Staff has developed draft Pedicab Rules (Rules) that create more detailed permitting requirements and vehicle equipment standards. The proposed ordinance and draft Rules would establish the following regulations: Regulation Requirements Established by Code Requirements Established ; by Rule Pedicab Company Permit • Obtain permit • Permits are for a specified Required • Maintain insurance number of pedicabs • Identify routes • Address where pedicabs • Submit rates would be stored Pedicab Driver Permit Obtain permit • Bicycle safety training Required • Be 18 years or older • Driving history from the • Maintain valid California driver's Department of Motor Vehicles license • No drug or moral turpitude convictions • No DUI convictions • Not registered as a sex offender • May not operate pedicab in manner that impedes pedestrian or vehicular traffic • May not use routes not identified in pedicab company's permit application • May not operate a pedicab unless passengers are restrained with seatbelts 5 Fare Schedule • Submit rates to be charged Minimum standards for fare • Post fares on every pedicab schedule signage including • May not charge fare higher than size, font, format, and location submitted to the City Pedicab Vehicle Required Covered under existing law: • May not operate pedicab in a manner that impedes or blocks pedestrian or vehicular traffic • May not operate on the Pier • May not operate in Mass Transit Bus Lanes • May not park or load or unload passengers in Mass Transit Bus Lanes or Layover Zones • May not operate on the Third Street Promenade • Must adhere to all bicycle regulations • May not operate a pedicab while intoxicated Note: Neither the code nor the rules establish specific Pedicab rates. No regulations are proposed that would limit a company's ability to set rates, except that they may only charge the rates filed with the City. • Pedicab company must obtain permit • Must comply with safety standards established by rules • Must be clean and sanitary • Subject to regular inspection May not operate a pedicab on a route not designated in its permit application May not operate a pedicab with more passengers than seatbelts. May not operate on the Beach Bike Path 0 Require operators to have all pedicabs inspected to ensure that the vehicles meet minimum equipment standards, including: Headlights and taillights Turn signals on the front and rear of the pedicab Single frame construction Brakes Spoke reflectors C Establishes exterior markings for pedicabs to include: Company name Company phone number Pedicab identification number Driver may only drive for the company shown on his /her permit Driver must carry his /her permit and driver's license while operating a pedicab Driver may not drive pedicab that is in an unsafe condition Regulation Requirements Established by Code Requirements Established by Rule Parking • Director of Planning and N/A Community Development may designate pedicab parking stands The Rules also outline the permit application procedures and provide additional details on operating standards. For example, the ordinance requires that pedicabs be maintained in a clean and sanitary condition. The Rules provide more definition by adding that "the pedicab's exterior shall be reasonably clean and shall be essentially free from cracks, breaks, and major dents ", and that pedicabs shall be painted "to provide adequate weather protection and a neat and clean appearance." Permit Administration The Business License unit would facilitate administration of all relevant permits and collection of fees. The permitting process would be integrated with the business license application process in the same manner that other regulatory permits are issued, such as Police Permits. The workload would be absorbed by existing staff. Inspection of pedicab vehicles would be conducted by existing Code Enforcement staff. Staff would monitor volumes and determine if adjustments are necessary and justified. Staff recommends the following permit fees to recover the cost of issuing the permits. Operator Permit Fee: Annual new & renewal operator's permit fee $195 Pedicab Vehicle Decal Permit Fee: Annual new pedicab vehicle permit fee $112 Annual renewal pedicab vehicle permit fee $ 51 Transfer pedicab vehicle permit processing fee $112 Replacement pedicab vehicle permit processing fee $ 36 Pedicab vehicle re- inspection processing fee $ 28 Pedicab Driver's Permit Fees: Annual new and renewal pedicab driver's permit application fee $ 95 Pedicab driver's permit transfer processing fee $ 62 Pedicab driver's permit replacement processing fee $ 28 7 Enforcement and Penalties Consistent with existing practice, both the Santa Monica Police Department and the Code Enforcement Division would enforce the proposed ordinance and Rules. Additionally, the Santa Monica Police Department would enforce, as it does today for bicycles, the "rules of the road" prescribed by the Vehicle Code. Consistent with existing local law, the proposed ordinance establishes both criminal and administrative remedies for violations of the proposed ordinance and Rules. The administrative citation fines, which were established at the July 10, 2012 Council meeting, are currently set at $75.00 for the first violation and 125% of the fine amount for a second violation of the same provision within 36 months and 150% of the fine amount for third and subsequent violations. Multiple violations may also result in permit denial, suspension or revocation. Examples of grounds for revocation of a pedicab driver's permit include being convicted for operating a pedicab under the influence of alcohol or controlled substance, or operating a pedicab in a manner that creates a safety hazard. Outreach Staff conducted outreach to stakeholders and received specific feedback related to potential regulations in preparation for the study session and again after the ordinance was drafted. Staff has received feedback from the following organizations and boards: • Convention and Visitors Bureau • Chamber of Commerce • Downtown Santa Monica • Santa Monica SPOKE • Montana Business Improvement District • Main Street Business Improvement District • Pier Tenants Association • Pier Corporation Board • Recreation & Parks Commission There is general support for the presence of pedicabs operating in Santa Monica with the shared concern for ensuring minimum standards. The concerns raised by the Recreation & Parks Commission to prohibit pedicabs from operating on the Beach Bike Path are included in these regulations due to the congestion of the path and the serious safety concerns expressed by the Commission. Bicycle safety training has been included in the pedicab Rules in direct response to the request of Santa Monica MW Current Efforts to Expand California State Law No legislation is currently being considered and no efforts are underway by any other municipalities. Based on discussions between the City's legislative advocate and staff for both the Senate and Assembly transportation committees, it appears that State legislative staffers believe that AB 2294 provides sufficient tools for local regulation of pedicabs and that they were not interested in further expanding or clarifying the scope of local authority. Staff does not recommend requesting any specific action to propose new legislation at this time; instead it would be prudent to gain experience with the program and seek a sponsor for targeted legislation that may be needed to achieve program goals. Financial Impacts & Budget Actions Below are the expected revenues for FY 2013 -14 pedicab program based on the fee study conducted by Revenue & Cost Specialist, LLC in FY 2011 -12 which established permit fees for the taxicab program in FY 2011 -12. FY 2013 -14 expected revenue from Account Number Account Name pedicab program 01224.400190 Business License Tax $ 150 01224.408470 Pedicab Operator Permits 390 01224.408471 Pedicab Vehicle Permits 510 01224.408472 Pedicab Driver Permits 1,900 Total Revenues $ 2,950 These figures are based on the number of pedicab business license applications received to date, as well as the interest expressed in the pedicab program. Revenue in the out years is contingent on the growth of the pedicab services provided in the City, E and on actual gross receipts for each company and driver. New accounts would be needed to track the pedicab operator permit, vehicle permit, and driver permit revenues. The additional workload associated with the pedicab licensing and permitting would be absorbed by existing Finance staff. Finance staff would meet with Police Department and Code Enforcement staff routinely to evaluate common violations and any persistent issues. Staff would also continually monitor the activity associated with the pedicab license administration. Staff would return to Council in the future if additional resources are deemed necessary for these tasks as well as submit a new fee structure for Council's consideration if warranted. Prepared by: Salvador M. Valles, Business & Revenue Operations Manager Forwarded to Council: Rod Gould City Manager Attachments: A. Pedicab Ordinance B. Resolution setting pedicab permit fees C. Draft Pedicab Rules 10 ATTACHMENT A City Council Meeting April 9, 2013 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLES III AND VI OF THE SANTA MONICA MUNICIPAL CODE REGARDING LICENSING AND REGULATION OF PEDICABS WHEREAS, the City of Santa Monica ( "City" or "Santa Monica ") is a small, extremely dense, older coastal city consisting of just 8 square miles of land bordered on one side by the Pacific Ocean and on three sides by the City of Los Angeles; and WHEREAS, the City's premier location and vigorous local economy continues to attract large number of tourists from throughout the world; and WHEREAS, the City's bustling streets are heavily utilized by motor vehicle and bicycle traffic; and WHEREAS, the City's beach bike path is narrow and congested at all times of the year; and WHEREAS, the beach bike path's narrow design is particularly unsuitable for pedicab operations as a single pedicab could substantially take up the entire path and impede oncoming traffic; and WHEREAS, pedicabs have grown in popularity as a form of non - motorized transportation for hire, particularly amongst the tourist population; and 1 WHEREAS, pedicabs are a zero emissions transportation option; and WHEREAS, pedicabs are a new mode of transportation in Santa Monica and once introduced will have an impact on traffic circulation, particularly in the heavily congested areas of the downtown; and WHEREAS, experience in other jurisdictions have shown that unregulated pedicab operations could create safety hazards and cause unnecessary consumer confusion regarding fares; and WHEREAS, some of the safety hazards reported by other jurisdictions, including substandard equipment, have resulted in serious injury to pedicab passengers; and WHEREAS, California Vehicle Code Section 21100(n) authorizes local agencies to license and regulate the operation of pedicabs; and WHEREAS, California Vehicle Code Section 21206 authorizes local agencies to regulate operations of bicycles and pedicabs on pedestrian or bicycle facilities, including facilities like the beach bike path; and WHEREAS, licensing and regulation of pedicab operations is necessary to ensure safe, quality pedicab services, mitigate negative impacts on traffic circulation, and promote the general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.12.550 of the Santa Monica Municipal Code is hereby amended as follows: 3.12.550 Bike -path and beach promenade. 2 (a) It shall be unlawful to ride a bicycle or to coast in any vehicle upon the Beach Promenade; bicycle riding shall be permitted along the beach bike -path, within the City limits and in those areas where the Promenade constitutes a portion of the bikeway and are otherwise permitted by sign. All persons riding bicycles on the bike -path shall comply with all lawful signs and directional markings, including, but not limited to, painted directional arrows, bike -path route boundaries, and signs designating permissible travel lanes. (b) It shall be unlawful to operate a pedicab upon the beach bike -path. SECTION 2. Section 6.48.30 of the Santa Monica Municipal Code is hereby amended as follows: 6.48.030 Business license required. No person shall conduct any vehicle for hire business or pedicab business without having first obtained a business license in compliance with this Chapter. SECTION 3. Chapter 6.50 is hereby added to Article VI of the Santa Monica Municipal Code as follows: Chapter 6.50 PEDICABS 6.50.010 Definitions. The following words or phrases as used in this Chapter shall have the following meanings. 3 (a) Pedicab. "Pedicab" has the same meaning as that term is defined by the California Vehicle Code. Pedicab Driver Permit. `Pedicab driver permit' means a non - transferable authorization for a person to provide pedicab transportation services in the City; (c) Pedicab Operator. 'Pedicab operator" means a person that has been issued a Pedicab operator permit and a business license to operate a Pedicab business in the City. Pedicab Operator Permit. 'Pedicab operator permit' means a non- transferable authorization for operation of a pedicab business pursuant to the provisions of this Chapter. ie2 Pedicab Decal. `Pedicab decal' means a non - transferable authorization affixed to the Pedicab by the City, for a pedicab to be operated in the City. (f Seatbelt. "Seatbelt' means a safety strap or harness designed to hold a person securely in a seat 6.50.020 Exemption. The provisions of this Chapter shall not apply to any pedicab validly permitted and operating in another jurisdiction that drops -off passengers within the City or passes through the City without picking -up any passenger. 6.50.030 Rules and regulations. 2 The City Manager, or his or her designee is authorized to adopt rules and regulations consistent with this Code and necessary to implement this Chapter. Such rules and regulations may include, but are not limited to provisions governing: pedicab service and safety; pedicab vehicle equipment standards: conditions and qualifications of applicants for operator permits driver permits and pedicab decals; and the responsibilities of pedicab operators and drivers. Such rules and regulations shall be filed in the office of the City Clerk where they shall be made available for inspection by the public. Violations of rules and regulations issued pursuant to this Section shall constitute violations of this Chapter, and shall subject the violator to the penalties set forth in this Chapter. 6.50.040 Pedicab operator permit required. (a) No person shall operate or cause to be operated a pedicab business within the City without having first obtained a pedicab operator permit and a business license from the City. (b) To obtain a pedicab operator permit, each applicant shall file with the City a complete and verified application including a description of the applicant's routes of pedicab operations, proof of adequate insurance and other information prescribed by the rules and regulations adopted in accordance with this Chapter. 6.50.050 Pedicab driver permit required. 5 (a) No person shall drive or operate a pedicab within the City without having first obtained a valid pedicab driver permit. To obtain a pedicab driver permit each person shall file with the City, a complete and verified application containing information prescribed by the rules and regulations adopted in accordance with this Chapter 6.50.060 Pedicab identification decal required. u No person shall lease, rent, or allow a pedicab to be operated within the City without having first obtained a pedicab decal. The decal shall be affixed to the pedicab in a manner clearly visible to the public. A pedicab decal application shall be denied if the pedicab is unsafe for operation or fails to comply with applicable safety and equipment rules and regulations adopted in accordance with this Chapter. (c) No person shall operate a pedicab that does not have a valid pedicab decal affixed to it. 6.50.070 Fees and permits. (a) A schedule of fees to recover the costs associated with the administration and enforcement of this Chapter may be adopted by resolution of the City Council No applicant may be issued a pedicab permit or decal until that applicant has paid all applicable fees. u Permits and decals that are expired, revoked defaced altered forged or counterfeited are invalid. L (c) Permits and decals are the property of the City and are non - transferable. 6.50.080 Denial suspension or revocation of pedicab operator permit pedicab driver permit, or pedicab decal. Pedicab operator permits, pedicab driver Permits and pedicab decals may be denied suspended or revoked by the City Manager, or his /her designee based upon any one of the following grounds: The pedicab operator or driver has failed to comply with applicable laws or rules and regulations relating to pedicab operations. (2) The pedicab operator or driver has been convicted of assault battery, resisting arrest, any felony involving force and violence any misdemeanor or felony reckless driving or driving under the influence offense or any crime reasonably related to the qualifications functions or duties of the passenger transport business or the ability of the operator or driver to safely transport passengers. u The operator or driver has been convicted of a crime that requires registration pursuant to California Penal Code Section 290. The pedicab operator or driver has knowingly made a false statement of material fact or knowingly failed to state a material fact in the application process for the Pedicab operator permit, pedicab driver permit or pedicab decal. 6.50.090 Pedicab Parking. The City may designate pedicab parking stands to provide safe drop -off and pick-up areas for pedicabs. 7 6.50.100 Fare schedule. Sat Prior to commencing any pedicab operations the pedicab operator shall file its fare schedule with the City. (b) The pedicab operator shall post the fare schedule filed with the City on every pedicab in its fleet and that meets the size, format and location requirements as set forth by the rules and regulations adopted in accordance with this Chapter. (c) No pedicab operator or driver shall charge a passenger a fare greater than the fare submitted to the City and posted on the pedicab 6.50.110 Pedicab operations. u A Pedicab Operator shall: (1) keep pedicabs within its fleet in clean and sanitary conditions and be free from mechanical or safety defects; and (2) make pedicabs within its fleet available for inspections at reasonable times by the City. (l) It is unlawful for any person to: M operate a pedicab if said person is under eighteen years of age operate a pedicab without a valid California Driver's license ((3) operate a pedicab in any manner that impedes or blocks the normal or reasonable movement of pedestrian or vehicular traffic unless such operation is necessary for safe operation or in compliance with law or under the direction of law enforcement personnel. 0 permit. (4) Operate a pedicab over any route not designated in the pedicab operator (5) Operate a pedicab in a manner that results in damage to vopertV. (6) Operate a pedicab while carrying a number of passengers that exceeds the number of available seats. Q Operate a pedicab without having all passengers be restrained by seatbelts Operate a pedicab without having a City- approved insurance policy in full force and effect at all times during the operation of the pedicab (9) Advertise or otherwise hold itself out as providing pedicab services within the City, unless such person is operating pursuant to City issued pedicab permits u Refuse to comply with a lawful order from a City official charged with enforcement of this Chapter. 6.50.120 Enforcement. (a) Any person violating any provision of this Chapter shall be quiltv of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars ($250) Per violation: or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars ($1,000) per violation or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment Where the violation is of a continuing nature each day that the violation continues constitutes a separate and distinct violation Anv person violating any provision of this Chapter shall be subiect to administrative fines and penalties pursuant to Chapter 1.09 of this Code 0 (c) The remedies specified in this Section are cumulative and their specification shall not preclude the use of any other remedy provided by law. SECTION 4. 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 5. 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 6. 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 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 10 City Council Meeting April 9, 2013 ATTACHMENT B Santa Monica, California RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING PEDICAB PERMIT FEES WHEREAS, the City of. Santa Monica completed a fee analysis for various permits related to pedicab regulations; and WHEREAS, it is the policy of the City to charge for the full costs of services provided by City Staff when such services benefit individual users rather than members of the community as a whole; and WHEREAS, the City has calculated the cost of providing various pedicab - related permits; and WHEREAS, the fees established by this Resolution are no more than necessary to recover the cost of the services provided. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The following annual pedicab operator fee, pedicab vehicle permit fees, and pedicab driver's permit fees are hereby adopted: 1 Operator Permit Fee: New & Renewal Operators Permit Fee: $195 Pedicab Vehicle Decal Permit Fee: New pedicab vehicle permit fee $112 Transfer pedicab vehicle permit fee $112 Renewal pedicab vehicle permit fee $ 51 Replacement pedicab vehicle permit fee $ 36 Pedicab vehicle re- inspection fee $ 28 Pedicab Driver's Permit Fees: New and renewal pedicab driver's permit application fee $ 95 Pedicab driver's permit transfer fee to new company $ 62 Pedicab driver's permit replacement fee $ 28 SECTION 2. ,If there are any conflicts between the fees and rates adopted in this Resolution and any prior adopted resolution or schedule, the fees and rates adopted through this Resolution shall take precedence. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: 2 city al 8mlta 1lfoufen° PEDI TBD 1 D REGULATIONS ATTACHMENT C These rules afi'& regulations ( "Rules ") established pursuant to Santa Monica Municipal Code Section 6.50.020 shall be followed by all pedicab operators and drivers providing pedicab transportation services in the City of Santa Monica. These Rules are not intended to be duplicative. TABLE OF CONTENTS I) II) IV) V) VI) VII) DEFINITIONS JIIT APPLICATION PRO( PEDICAB VEHICLE PERMIT REQUIREMENTS VIII) PEDICAB EXTERIOR MARKINGS IX) PEDICAB OPERATING REGULATIONS 1) DEFINITIONS a) CITY means the City of Santa Monica. b) SMMC means the Santa Monica Municipal Code. c) VEHICLE CODE means the California Vehicle Code in its latest revision. d) DMV means the California Department of Motor Vehicles. e) DRIVE or OPERATE means to be in control of a pedicab that is transporting a passenger(s) or is available for receiving passengers. f) IMMEDIATE OUT OF SERVICE (IOS) means the placement of a pedicab in a status such that no person may operate the pedicab, except as may be necessary to return the pedicab to the residence or place of business of the owner or driver or to a garage, until the pedicab and its equipment are in compliance with these Rules. IOS may also mean the placement of a driver in a status such that he or she may not operate any pedicab. g) INACTIVATE means a permanent annulment of an existing permit by the operator, which cannot subsequently be renewed, replaced or reinstated without the timely submission of a new pedicab driver's permit application or pedicab driver's permit transfer application. h) LEASE DRIVER means a person who is an independent contractor possessing a valid pedicab driver's permit and who drives a Pedicab for an authorized pedicab operator. i) REVOCATION means a permanent removal of the privileges granted to the holder of an existing operator's permit, driver's permit, or pedicab decal by the City, which cannot subsequently be renewed, replaced or reinstated without the approval of the City. j) SUSPENSION means a temporary removal of the privileges granted to an operator or driver. k) PEDICAB ZONE means an area on private property (such as hotels) designated by the property owner for parking pedicabs while waiting for passengers. 1) PEDICAB STAND means a curb parking area on a public street designated and posted by the City Traffic Engineer for the standing or parking of pedicabs while awaiting employment. m) TERMINATION means the voluntary or involuntary separation of a pedicab driver from employment with a pedicab operator. II) PEDICAB OPERATOR'S PERMIT GENERAL REQUIREMENTS a) Owners shall inform the City, within 3 business days, of any changes in insurance, business address, storage address or mailing address. b) Any application that does not include all information requested by the application form or is not supported by the materials required by this Section will be rejected as incomplete. c) The permit shall only authorize a specified number of vehicles which may be increased by approval of the City Traffic Engineer or designee. d) A pedicab operator's permit must be approved before pedicab driver permits or pedicab vehicle permits may be issued for the operator. III) PEDICAB OPERATOR'S PERMIT APPLICATION PROCEDURES Any person desiring a permit to operate a pedicab business shall complete a pedicab supplemental application to its business license application. Such application shall include: a) Name, age and address of the applicant; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers together with their respective addresses; or if a partnership, association or unincorporated company, then the names of the partners comprising the partnership, association or company, together with their respective ages and addresses. b) The application shall be verified by oath or affirmation of the applicant, or an officer or partner of the applicant if applicant is a firm, partnership, or corporation. c) The application shall include: 1) The trade name or style, if any, under which the applicant proposes to operate. 2) Full information pertaining to operations and the manner in which such proposed operations are to be conducted. 3) Description of the pedicab, including the type, model, body style, serial number, capacity and condition of each pedicab proposed to be operated. 4) Address and manner that pedicabs are to be stored when not for hire or in operation. 5) The route to be traveled and the hours to be operated. 3 6) A completed pedicab inspection form which verifies the City- assigned pedicab identification number, all required safety equipment and pedicab exterior markings. 7) Such other or additional information as the City may require. IV) PEDICAB DRIVER'S PERMIT GENERAL REQUIREMENTS a) An applicant who previously held a pedicab driver's permit and whose permit was inactivated or revoked, or an applicant whose application has been withdrawn or denied, must apply for a new Pedicab Driver's Permit, pay all applicable fees, and meet all of the requirements of this section for a new applicant and such other conditions as the City may impose, including fingerprinting. Exception: If a permit has been inactivated and the driver transfers to a new company within 30 days, the permit may be reactivated with payment of the applicable permit transfer fee. b) A driver who fails to renew his or her pedicab driver's permit within 30 days after the permit has expired shall have his or her permit inactivated; drivers with expired permits must reapply as a new driver c) A pedicab driver's application shall be denied if the applicant fails to submit all documentation required to substantiate his or her qualifications for the permit within 60 calendar days of the application date. d) An applicant shall be denied a pedicab driver's permit if he or she fails to pay any money due to the City, related to the permit, or otherwise resolve any matter related to the application, by the deadline reasonably established by the City. e) A driver's permit shall be effective only while the driver to whom the permit is issued is operating a pedicab for a permitted pedicab operator. f) Upon the driver's terminating his employment or other relationship with a pedicab operator, the driver's permit shall be suspended and shall become effective again only when and if the driver reestablishes his employment or relationship as a driver with a City licensed pedicab operator. The pedicab operator shall notify the City of the termination or reestablishment of such relationship between the operator and driver within 5 business days. 4 V) PEDICAB DRIVER'S PERMIT APPLICATION PROCEDURES An applicant for a pedicab drive's permit shall submit a pedicab driver application in person with a valid California driver's license containing the following: a) The required application fee. b) Proof of a current business license and payment of all business license taxes due. c) A completed Notice of Intent to Hire from the Pedicab Opeartor. d) A certificate verifying successful completion of Bicycle Training approved by the City. e) Conviction history for the prior 7 years from the date of application. f) An original copy of the applicant's H6 printout, obtained from the DMV within the preceding 30 calendar days. g) Such further information that the City may require. VI) PEDICAB VEHICLE PERMIT GENERAL REQUIREMENTS a) Any applicant who does not meet all of the requirements of this Section shall have the application denied, and the application fee shall be forfeited. b) A pedicab vehicle permit shall only be valid for the registered owner of the vehicle who was granted a pedicab operator's permit for such vehicle. In the event of ownership change or revocation of the operator's permit, the pedicab vehicle permit shall be considered invalid and revoked at such time of ownership change or loss of operator's permit. c) A pedicab operator that fails to renew a pedicab vehicle permit before the date established by the City must reapply for a new pedicab vehicle permit and pay applicable fees. VII) PEDICAB EQUIPMENT GENERAL REQUIREMENTS a) No vehicle shall be operated as a pedicab unless it is in a single frame construction and reasonably clean and safe conditions, so as not to injure or damage the person, clothing or possessions of a passenger. b) The pedicab's exterior shall be reasonably clean and shall be generally free from cracks, breaks and major dents. It shall be painted to provide adequate weather 5 protection and a neat and clean appearance. Every pedicab shall have the following properly working equipment: 1) Seatbelts. 2) Headlights and taillights. 3) Taillights must be mounted on the right and left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab. 4) Turn signals visible from the front and rear of the pedicab. 5) Hydraulic or mechanical disc brakes. 6) Spoke reflectors placed on each wheel and tape type reflectors showing the front and the back width of the pedicab. VIII) PEDICAB EXTERIOR MARKINGS Owners shall permanently affix the company trade name, the company phone number and the identification number assigned by the City, on the pedicab in a location that is clearly visible to the public at all times. These markings shall meet the following requirements: a) Font — An easily readable font (e.g. Arial Bold or Helvetica) in a color to produce maximum contrast, adequately spaced for maximum readability. b) Font Size — Minimum 2 inches tall. c) Owners shall also permanently stamp a City- assigned identification number on each pedicab, on the pedicab seat tube or pedicab trailer draw bar, in manner that is clearly visible. IX) PEDICAB OPERATING REGULATIONS In addition to the provisions outlined in SMMC Chapter 6.50, all operators and drivers shall comply with the following operating regulations: a) A driver shall promptly comply with all lawful requests or orders issued by City personnel charged with regulating or enforceing the Pedicab program. b) A driver shall only drive for the operator shown on his or her pedicab driver's permit. 6 c) A driver shall shall wear or post his or her pedicab driver permitin a manner clearly visible to the public while operating a pediab. d) A driver shall have in his or her immediate possession a valid California driver's license while operating a pedicab and shall present the license upon request by an authorized enforcement officer or police officer. e) A driver shall not drive, and an operator shall not allow, a pedicab to operate that is in in an unsafe operating condition. f) A pedicab shall not be operated during the hours of darkness without the taillights and headlights activated. (Also see Rule VII) g) An operator shall, upon reasonable notice, make its pedicabs available to the City for inspections, including annual inspections. h) Fare schedule signs must meet the following requirements: 1) Size — minimum of 8 inches in width x 6 inches in height. 2) Font — An easily readicable font (e.g. Arial Bold or Helvitica), with minimum font size of 36, in a color to produce maximum contrast with the background, adequately spaced for maximum readability. 3) Format —The Fare Schedule shall list all applicable fares, including minimum charges, per person charges, by distance fares, by time fares, tour fares, and any other fare or fee charged. Each fare or fee must be listed on a separate line. 4) Location — securely attached to the pedicab in a location clearly visible to all passengers while seated in the pedicab. 5) Telephone Numbers - must include the telephone number for the City's and Operator's comment /complaint lines. 7