TITLE
Recommendation to receive the 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 for each 1/10 of a mile is just, reasonable and nondiscriminatory; and authorize City Manager to approve a permit and amendments thereto for the operation of 20 pedicabs by Long Beach Pedicabs LLC. (Districts 1,2)
DISCUSSION
Parking and congestion are significant concerns to visitors and residents of the
downtown areas of the City. 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 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/from parking and not need to use their car to go from one part of downtown
to another. Pedicabs are also a service that will add to the attractiveness of the
downtown area by creating a greater sense of convenience and safety for visitors,
providing transportation in the newly formed Downtown Dining and Entertainment
District. This action by the City Council will authorize the City Manager to approve a
permit for Long Beach Pedicabs LLC to operate a pedicab business in the downtown
areas of the City. Presently there are no pedicab businesses in Long Beach.
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 service.
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
equipment proposed to be furnished, and any and all other facts which the City Council
may deem relevant.
After receiving interest from several'pedicab companies, the City issued a Request for
Proposal (RFP) for pedicab service. A committee comprising representatives from
Financial Management, Traffic Engineering and the Police Department reviewed the
proposals and selected Long Beach Pedicabs LLC. It is the staff recommendation that
only one pedicab business operate in the downtown area while staff conducts a one-
year evaluation on the effect that pedicabs will have on downtown congestion, traffic
flow and public convenience.
Long Beach Pedicabs LLC is requesting approval for up to 20 pedicabs to operate
within the downtown Long Beach area defined as the Primary Pedicab Service Area
(Attachment A). They have proposed to start with 4 pedicabs and gradually increase to
20 by the end of the first year. An increase above 20 pedicabs will require City Council
approval. The proposed routes include: Ocean Boulevard; the bike path along the north
side of Shoreline Drive between Shoreline Village and Cedar Avenue; streets including
Aquarium Way, The Paseo, Cedar Avenue and Seaside Way; The Promenade, along
the 1" Street Transit Center; and, other streets within the Primary Pedicab Service
Area. A large portion of the trips will originate and terminate on Pine Avenue; stopping
to wait for rides, or to disembark passengers, will only be done in designated areas, the
"white zones" or areas with white curb markings. The operator proposes to operate in a
way that does not impede the flow of traffic.
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 Long Beach
Pedicabs LLC is $1 .OO for 1/10 of a mile, or less, plus $1 .OO 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 that pedicabs may 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. Long Beach Pedicab LLC proposes to use independent
contractor drivers, each leasing a pedicab from Long Beach Pedicab LLC. Each driver
will be required to obtain a driver's permit from the Long Beach Police Department and
have an individual business license. Long Beach Pedicab LLC 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. The pedicab drivers are subject to the following LBMC regulations:
5.68.230 Operating Regulations
A. No person under the age of eighteen years shall drive a pedicab.
B. No person shall operate a pedicab while under the influence of alcoholic
beverages or drugs.
C. No person shall operate a pedicab in any manner which 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.
D. Every person operating a pedicab shall be subject to all applicable laws, rules
and regulations of this Code and the Vehicle Code of the State of California
covering the operation of bicycles upon streets and pedestrian or bicycle
facilities.
E. No person shall operate a pedicab over any route not designated in the permit for
the operation of such pedicab.
F. Whenever a pedicab is available for hire, said pedicab may be parked at any
place designated by the City Manager as a pedicab stand or in any motor vehicle
parking space, subject to the parking regulations as contained in this Code and
the Vehicle Code of the State of California.
G. Whenever a pedicab is not available for hire, said pedicab shall be stored at a
place and in a manner as approved by the City Manager.
Attached for your review is the application (Attachment B) from Long Beach Pedicabs
LLC. Also attached are reports from various departments.
City departments have reviewed the application in accordance with the LBMC. The
following summarizes their findings:
* The Police Department recommends that the application for a pedicab permit be
approved with conditions (Attachment C).
* The Public Works Department, City Traffic Engineer, recommends that the
application for a pedicab permit be approved with conditions (Attachment D).
* The Planning and Building Department, Zoning Division, finds that the application
meets the department requirements for the proposed use (Attachment E).
* The Fire Department finds that the application meets the department .
requirements for the proposed use.
* The Financial Management Department recommends that the application be
approved with the following conditions: (1) That the permit be issued for one year
and be reviewed by City staff with the applicant for safety, efficiency and success
of the service prior to continuation of the service. (2) That during certain special
events, like the Long Beach Grand Prix or the Pride Parade, pedicab routes may
be restricted by the City.
Over the past two years, the Downtown Long Beach Association staff has briefed its
Board of Directors and worked with the City staff to facilitate a downtown pedicab
operation and secure requirements hoped to be acceptable to the City Council for this
Downtown service.
This matter was reviewed by Deputy City Attorney Richard Anthony on December 8,
2005 and Budget Management Officer David Wodynski on December 9,2005.
TIMING CONSIDERATIONS
City Council action on this matter is not time critical.
FISCAL IMPACT
The following fees will be collected if the application is approved: Business License
taxes of $513 from the applicant and $168.88 for each independent contractor driver
(Financial Management Department), Zoning Review $14 (Planning and Building
Department), and Police Investigations $420 (Police Department).
All fees are deposited in the General Fund.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
MICHAEL A. KILLEBREW
DIRECTOR OF FINANCIAL MANAGEMENT