TITLE
Recommendation to receive supporting documentation into the record; find that the public convenience and necessity requires the operation of pedicabs as prescribed in the application; find that the rate of $1.00 for each 1/10 of a mile is just, reasonable and nondiscriminatory; and adopt Specifications RFP FM 09-039 authorizing City Manager to approve and execute a permit and amendments thereto for the operation of three pedicabs by Green Machine Pedicab Service. (Districts 1,2)
DISCUSSION
In an effort to promote mobility, environmentally safe options for pedestrian transportation and the City's commitment to becoming the most bike-friendly City, we are recommending City Council approval of Green Machine Pedicab Service. This service will promote these goals while providing a transportation alternative for the downtown area while relieving some parking and traffic congestion. In addition, the distance from the Aquarium, the Pike and Pine Circle to upper Pine Avenue or the East Village Arts District is farther than some are willing or, in some cases, able to walk. Pedicabs provide a transportation alternative for the downtown area while relieving some parking and traffic congestion. Downtown visitors can take a pedicab to and/or from parking destinations without needing their vehicles to travel from one part of the downtown area to another. Pedicabs may also add to the attractiveness of the downtown area by creating a greater sense of convenience and safety for visitors, providing transportation in the Downtown Dining and Entertainment District.
The Long Beach Municipal Code (LBMC) requires an application be filed and a hearing be held before the City Council prior to issuing a license or permit for pedicab services. The LBMC also requires that the City Council make a determination that the public convenience and necessity require the operation proposed by the applicant for the permit. The City Council shall take into consideration the public demand for the service, the adequacy or inadequacy of the service being rendered by other persons, the effect of the service upon traffic, the financial responsibility of the applicant, the character of the equipment proposed to be furnished, and any and all other facts which the City Council may deem relevant.
A Request for Proposal (RFP) was sent to interested companies and posted on the City's internet site. Nine registered bidders were notified that the City was seeking proposals; none are Woman-owned Business Enterprises (WBEs), none are Minority-owned Business Enterprises (MBEs), none are Small Business Enterprises (SBEs) and none are a Long Beach business. The RFP was made available on the Purchasing Division's website at www.lonqbeach.qov/purchasinq. One proposal was received and Green Machine Pedicab Service, of Norwalk, CA, (not an MBE, WBE, SBE or local) was selected to provide pedicab services in the City. It is the recommendation that only one pedicab business operate in the downtown area.
Green Machine Pedicab Service is requesting approval for three pedicabs to operate within the downtown Long Beach area defined as the Primary Pedicab Service Area and also the extended area (Attachment B).
The LBMC also states that the City Council shall establish and authorize the rate charged for pedicab service, following a hearing upon its own motion, upon application, or upon complaint. The City Council must determine if the proposed rate is just, reasonable and nondiscriminatory. The rate proposed to be charged by Green Machine Pedicab Service is $1.00 for 1/10 of a mile, or less, plus $1.00 per each additional 1/10 of a mile per trip regardless of the number of passengers. The trip distance will be measured by an odometer on each pedicab.
The LBMC allows for pedicabs to be operated by persons other than the permitee or his employees pursuant to a contract, agreement, permit, license or understanding between the operator and the permitee, so long as the terms and conditions of the original permit are upheld. Green Machine Pedicab Service proposes to use independent contractor drivers, each leasing a pedicab from Green Machine Pedicab Service. Each driver will be required to obtain a driver's permit from the Long Beach Police Department and have an individual business license. Green Machine Pedicab Service will be responsible for the drivers, whether employees or independent contractors, will provide public liability and property damage insurance, and will be responsible for having safety inspections on the pedicabs.
Attached for your review is the application (Attachment C) from Green Machine Pedicab Service. Also attached are reports from various departments.
The Department of Financial Management, the Police Department, Department of Public Works, and the Fire Department have reviewed the application in accordance with the LBMC Title 5.68 and have approved their recommendations with conditions, per the attached Recommended Conditions of Operation (Attachment A).
This matter was reviewed by Deputy City Attorney Richard Anthony on October 27, 2009 and Budget and Performance Management Bureau Manager David Wodynski on October 30, 2009.
TIMING CONSIDERATIONS
City Council action to adopt Specifications RFP FM 09-039 and authorize the City Manager to execute a contract is requested on November 17, 2009 to ensure that a contract is in place
expeditiously.
FISCAL IMPACT
The following fees are collected with the application: Zoning Review $14 (Development Services Department) and Processing Fee $583 (Financial Management Department).
The following fees will be collected if the application is approved: Business License $213.82 and Annual Regulatory $265 from the applicant; and, Business License $196.68 for each independent contractor driver (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
LORI ANN FARRELL
DIRECTOR OF FINANCIAL MANAGEMENT/CFO
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APPROVED: |
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PATRICK H. WEST |
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CITY MANAGER |