HomeMy WebLinkAbout06 - Certificate of Public Convenience & NecessityCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
July 8, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Administrative Services Department
Glen Everroad, Revenue Manager 949.644 -3144
Everroad @city.newport- beach.ca.us
SUBJECT: Application for Certificate of Public Convenience & Necessity
APPLICANT NAME: Acme Cab Company Pedicab Service
ISSUE:
Should the City Council establish a four month trial period of operation during which
Acme Pedicab may operate with a temporary permit, and adopt a resolution delegating
the authority to the City Manager to determine operational restrictions during the trial
period?
RECOMMENDATION:
Staff recommends the City Council approve a trial period of four months for the
operation of Acme Pedicab with conditions specified by the Police Department and the
Transportation and Development Services Manager, and approve the attached
proposed resolution delegating the authority to the City Manager to determine which
streets, sidewalks and rights -of -way are appropriate for use during the trial period.
DISCUSSION:
Newport Beach Municipal Code regulates the operation of public transportation vehicles
not otherwise regulated by the State, including pedicabs, and requires City Council
approval of a certificate of public convenience and necessity prior to operating such a
vehicle. Section 5.12.025 provides that the City Council may establish a trial period for
up to four months to determine whether or not it is appropriate to issue a certificate of
public convenience and necessity for pedicab operations. This section also establishes
the authority for the City Council to adopt a resolution authorizing the City Manager to
determine which streets, sidewalks and rights -of -way are appropriate for use during the
trial period. Section 5.12.050 provides that the City Manager may impose conditions on
the operation of vehicles for hire.
Pedicab Application
July 8, 2003
Page 2
During any trial period established, Municipal Code provides that the City Manager may
revoke the approval to operate during a trial period for reasons specified in Section
5.12.080, which includes revocation based on a finding that the operation is contrary to
the public health,•interest, convenience, necessity or general welfare.
On May 16, 2003, Dale Mattson of Acme Cab Company Pedicab Service made
application for a certificate of public convenience and necessity to operate between
three and six pedicabs on the streets of the peninsula on a four month trial basis. His
application (attached) indicates that he will not be operating on sidewalks, proposes to
provide services for gratuities only and operate from 10 am to 10 pm Sunday through
Thursday, 10 am to 2 am on Friday and Saturday. Additional details regarding his
proposed operations within the City are attached.
The Traffic Division of the Police Department and the Transportation and Development
Services Manager reviewed Acme's application and spoke with the applicant. The
Police Department indicated that the pedicabs should not be operated in restricted
zones and should comply with the requirements of California Vehicle Code. They
further indicated the Bike Unit Officers will handle and report any problems with the
proposed pedicab operation. Rich Edmonston, Transportation and Development
Services Manager, recommended adoption of the above described resolution, related
safety concerns associated with adequacy of taillights, jackknifing and the potential for
pedicabs to block traffic lanes. Mr. Edmonston recommended restrictions on where
and how the pedicabs should be operated and that problems with the applicant's
operations on Balboa Boulevard should result in prohibition by the City Manager
(pursuant to the proposed resolution) to operate on Balboa Boulevard. Such a
restriction would eliminate any route between the piers. A copy of the response from
Rich Edmonston is attached.
A handful of pedicab operations have been previously approved to operate on the
peninsula by prior City Councils during the last 20 years. These operations did not
produce significant traffic safety problems, and generally failed for a lack of business at
summer's end. The applicant has experience operating pedicabs at the Ontario Airport
and Ontario Mills shopping center, and reportedly has been approved to operate at
Claremont Village and downtown Fullerton. The applicant relates his understanding of
the City's concerns regarding traffic flow and safety, and the restrictions proposed by
the Transportation and Development Services Manager. Staff proposes to impose
conditions on the operation of pedicabs by Acme Pedicabs, including those proposed by
the Police Department and the Transportation and Development Services Manager.
Pedicab Application
July 8, 2003
Page 3
Environmental Review:
This application consists of permitting use of existing public facilities which involves
negligible expansion of use. It therefore qualifies for an exemption from CEQA under
Section 15301 of the Guidelines.
Prepared by:
Submitted by:
GI n E rroad, Revenue Manager Dennis Danner, Administrative Services
Director
Attachments: 1. Application from Acme Pedicab
2. Memorandum from the Transportation and Development Services
Manager
3. Proposed Resolution
DATE/ ((9 /'�3
CITY OF NEWPORT BEACH
REVENUE DIVISION
P.O. BOX 1768
NEWPORT BEACH, CA 92658 -8915
(949) 644 -3141
RevenueHelp ®Gry.Newpon- Beach.ca.0
APPLICATION FOR CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
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PROPOSED RATES
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Hourly Rate for Extended Service:
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Opening After Designated Business Hours to Release Vehicles:
DESCRIPTION OF EQUIPMENT
Year
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Model C=_^=_�ity
V.I.N.
Vehicle Meets Equipment Specs.?
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STORAGE FACILITY
Acme Cab Co.
Pedi -Cab Service
Proposed routes for Newport Beach, Ca.
Summer 2003
During our initial start -up, Acme Cab Co. will deploy 3
pedi -cabs for the first 2 -3 weeks, then a total of 6
pedi -cabs for the remainder of the 4 month trial.
Our route will be all surface streets on the peninsula.
Acme Cab Co. Pedi -Cabs will never use the boardwalks or
sidewalks, and will obey all traffic rules and laws.
'We run from the Bridge to the Wedge."
Service Hours
10am -10pm Sunday-Thursday
10am -2am Friday A Saturday
All Pedi -Cab Drivers must wear a uniform. In Newport
Beach the uniform will be a Hawaiian Shirt and Khaki
shorts
Pedi -Cab Drivers work for Tips Only.
All Pedi -Cab Drivers are independent contractors.
All new hire drivers can ride a maximum of 3 times or 1
week, then must file a business license in Newport Beach.
Acme Cab Company
Bicycle Rickshaw- Service
Acme Cab Co. is a bicycle rickshaw business. A fulfil size adult
m-iountain bike is used to pull a trailer t hat two people sit it
v'ur drivers IT IN on tips Only. Most people prefer it that way.
The rule of .hu" nm; is Yii minute, or $1.50+ bloc!:. These are ust
numbers to use a base. (like 15% tin to waiters in restaurants).
The average tip is 3 -5 dollars.
Specific Operating EGuidelines
T ,iS section is intended to clearly define the Safe operation of
PEDI -CAB A pedi -tab operator will be required to pass a written
test acknowledging their understanding of these procedures.
ALWAYS °; ItLii —1 CARS ANN) PEDHESTRIAN5
While operating a pedi cab, the first rule !S safety. The
passenger's safety and enjoyment is our business. Always operate
the pedi -cab within the safety envelope of the unit and the
ar!ver.
'_. When operating a pedi -cab always rear a hel ;net.
2. Riders under 14 years of age are required to wear a helmet.
Four helmets will be provided in each pedi -cab, located in a
basket under the trailer seat.
3.Animals are riot perrnttted on a pedi -Lab at any ttn e.
4. Passengers may not hold a dog on a leash while riding in
pedi -cab.
S.Passengers are not allowed to stand while the pedi -tab is in
!notion.
6.The maximum operating limit of a pedi+ -cab is 600 lb..
i The average manic """ _ "".•." ""'"
mum load is Two people.. However, , depending
on t~ Z-:: 11 { .,i tl^a 6.:1'.4.. _J:.rhe ,.�...iver d al.. a„e:•e
i7 .1e e iii ie peai+ie , /i.. au:tit : :Ji ::� L:':JC.: , anL Iv t{ .v
distance: three people can ride on a pedi -cab.
8.`J hile operating a pedi -cab, maintain sufficient forward speed
when veginning The ride. Never begin, the ride with the bike
perpendicular to t`:e 4.rc:ler.
9. When beginning the ride; start slowly; but build speed quickly
enough that you can sit in the saddle. Co not try to sprint.
Sitting down will always ensure a samooil-in ride. veep your knees in
tight, and ConCentrate on keeping the bile stable.
10. When braking. begin the maneuver well in advance of your
J• J
intended destination. Always brake using the back brake 1 irst,
and then feather 11-1 the front brake. Never apply heavy front
L if -1 u lark up the front brake. the fr ant a. the bike :roiil
drop and the trailer will iackknife.
11. When cornering a pedi -cab, always slow down, and corner with
Caiitivn avaidino sharp turns at excessive speed.
AI 1�I aVG ..riv1.J +0 t„Ytt
re6,.: M I . u v (t
12. When operating a pedi -cab never drive on landscaping:
sidewalks, or parks.
iv. Never allow a seater, sXQteboar der or CyCiisT TO be towed by
the uedi -cab.
14. Pedi -cab inspections are required at the beginning and end of
each shift. Inspect the hitch connection to ensure the main boit
is tight and has bath nuts locked tight on the bolt. Check the
seat post y connections with the wrench provided in the tool kit.
Make certain the two bolts connecting the hitch to the seat post
are tight and the safety plate is lined up properly. Ensure the
wheels on the trailer are inflated properly and securely fastened.
Inspect the big -/cle . Both tires should be inflated properly. The
brakes should be carefully inspected to ensure the pads are
Y: vpP-::y aligned, the Cali:ea are p: viler ly : ign: e: led and the brake
levers are ad iusted fv. naxim um, braking ability.
35. Riding attire for pedi -tab operations. Each rider will be issued
Acme Cab Co. T-shirts. dill riders will provide, at their own
expense, tan or biaCR iooae f i::ir:g flit. blue a:y:e Cy;::ng a::or:a in
I ;L-e n� ca i1 `tE: "iite, to or blacL- Ci li: shoes or approved
- 'vii ., nd :tan. c tan C `:g ., v.. a n vJ....:
athletic style shoes are the only shoes acceptable. Clip in shoes
or toe clips will not be used.
Ai_ v AY5 Y itr.Lv TO PENESTRIANS AINUE CA25.
bell f effective communication with customers ^ nd
e r ur , or e ; ive comet ni; ion � i h and
traffic.
Rules of Engagement
vse hand signal$ for +flaking turns anu $Taps.
"•.'lie in traffic :+h ere possible slo'rf gad ride fan right to allow
motor traffic to pass.
Drive JffensiveEy, niways paying attention to to the traff is around
you. if they;arit* see you, use your bell! as a sigrnaf. one full ring.
Passenger :Mounting aria di, smoun4;ng
When a passenger mounts the trailer, you must be in the rider
mount position if you off the bike. 5pecifically, with the bike
perpendicular to th:e frailer, stand with the bike to the front,
VVITh your side to the Trailer. With one hand on The seat, and one
one the handlebars; hold the unit steady v:h!!e the passengers
mount. If you are on the bike, sit on the top tube and put both
hands on the handlebars.
MEMORANDUM
Everroad, Glen
From: Edmonston, Rich
Sent: Monday, June 30, 2003 2:50 PM
To: Everroad, Glen
Cc: Gonis, Andy; Ohl, Daniel
Subject: pedicab6302003.doc
MEMORANDUM
June 30, 2003
TO: Glen Everroad
Revenue Manager
FROM: Rich Edmonston
Transportation & Development Services Manager
SUBJECT: ACME PEDICAB APPLICATION
Page 1 of 2
The following comments are in response to the application of Acme Pedicab to
operate a pedicab business on the Balboa Peninsula.
1. Municipal Code Chapter 5.12 provides that the City Council may require a trial
period. It is recommended that such a trial period be used to evaluate the proposed
operation.
2. The same Code provides that upon the adoption of a resolution, the City Manager
or his designee may alter the list of approved streets during the trial period. I believe it
is important that such a resolution be adopted in conjunction with this application.
3. A competitor to Acme advised me that the type of vehicle Acme has proposed, a
bicycle towing a trailer, is not as safe as a three - wheeled pedicab and that the trailer
may jackknife in a sudden braking situation. MC Section 5.12.040 provides for the
inspection of the vehicles by the Police Department and their input on the suitability of
these vehicles should be obtained. Part of this evaluation shall include the adequacy
of the tail lights unless the operation is limited to daylight hours. The tail lights may
need to be larger or greater in number than required for a bicycle in order to insure
adequate visibility of the pedcab.
6/30/2003
MEMORANDUM Page 2 of 2
4. Municipal Code Section 12.56.040 provides specific requirements for the operation
of a pedicab business, including a prohibition of operating them on any sidewalk,
boardwalk, or public pier.
PRIMARY ISSUE
Given the restrictions listed in MC 12.56.040, pedicabs are restricted to using public
streets. The only street that is continuous on the Balboa Peninsula is Balboa Boulevard.
There are no bicycle lanes in the area between the Newport and Balboa Piers and in
curb parking is heavily utilized. This means a pedicab will have to occupy a travel lane
where they will be competing with 30+ MPH vehicular traffic. The disparate speeds
will result in congestion and may lead to safety concerns such as last minute lane
changes and the potential that a pedicab may be struck by a vehicle that does not
see them in time to stop.
The applicant should be aware that should the operation of pedicabs create a
situation on Balboa Boulevard that causes the City Manager to prohibit the use of that
street, he will be left with no route between the piers.
5. All other requirements of Municipal Code Chapter 5.12 and Section 12.56.040 shall
be met at all times.
6/30/2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE CITY MANAGER
TO ESTABLISH OPERATIONAL REQUIREMENTS FOR
PEDICAB OPERATIONS DURING TRIAL PERIODS
WHEREAS, Newport Beach Municipal Code Chapter 5.12 regulates the operation
of vehicles for hire, including pedicabs;
WHEREAS, Section 5.12.025 authorizes the City Council to adopt a resolution
delegating the authority to the City Manager to determine which streets, sidewalks and
rights -of -way are appropriate for the use and prohibition of use of by an applicant for a
certificate of public convenience and necessity to operate a pedicab during a trial period
not to exceed four months;
WHEREAS, the City Council desires to delegate to the City Manager the authority
to determine which streets, sidewalks and rights -of -way are appropriate for the use and
prohibition of use of by an applicant for a certificate of public convenience and necessity
to operate a pedicab.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Manager shall have the authority to determine which
streets, sidewalks, and rights -of -way are appropriate for use and prohibition of use during
the trial period for operation of pedicabs.
-1-
Section 2: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
Adopted this 8t' day of July, 2003.
Attest:
City Clerk
-2-
Mayor