Agenda Item Wording:
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Update on direction received from City Council regarding outreach and input received by business owners related to potential consideration on directing staff to prepare a draft ordinance to regulate the use and operation of pedicabs within the City of Visalia.
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Deadline for Action: 11/6/2023
Submitting Department: Police Department
Contact Name and Phone Number:
Luma Fahoum, Police Captain, ext. 4103, luma.fahoum@visalia.city <mailto:luma.fahoum@visalia.city>
Tracy Robertshaw, Neighborhood Preservation Manager, ext. 4187, tracy.robertshaw@visalia.city <mailto:tracy.robertshaw@visalia.city>
Jason Salazar, Police Chief, ext. 4253, Jason.salazar@visalia.city <mailto:Jason.salazar@visalia.city>
Jim Koontz, City Attorney, 559-372-2400, jkoontz@prlawcorp.com <mailto:jkoontz@prlawcorp.com>
Paul Bernal, Community Development Director, ext. 4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council receive a staff presentation and report regarding outreach engagement staff held with local businesses owners and stakeholders within the downtown area, receive public input from the community, and direct staff to prepare a draft ordinance for City Council’s consideration to regulate the use and operation of pedicabs within the City of Visalia. Please note a pedicab ordinance may contain specific provisions allowing the consumption of alcohol by pedicab passengers if statutory requirements are followed. The City Council may direct staff to include language in the draft pedicab ordinance that may permit the consumption of alcohol by pedicab passengers, or the City Council may elect to direct staff to omit the consumption of alcohol in the ordinance.
Summary:
On August 21, 2023, City staff presented a Work Session item regarding consideration and direction on initiating a potential municipal code update to regulate the use of pedicabs within the City of Visalia. The City Council received staff’s presentation but stated that outreach should occur with business owners prior to any consideration on drafting a pedicab ordinance as described in the August 21st City Council staff report. As stated below, staff held a meeting with downtown business owners on September 19th where a majority of the owners present supported the concept of a pedicab use in the downtown area.
Background Discussion:
On September 19, 2023, City staff held a meeting with downtown businessowners and stakeholders to allow them the opportunity to have input on the potential for the City to adopt a pedicab ordinance and the opportunities and/or potential concerns that may arise if such an ordinance were adopted to regulate this use in the greater downtown area.
The meeting was attended by several community members who represented various community organizations such as the Chamber of Commerce, Downtown Visalians, The Fox Theatre, and the Visalia Breakfast Lions. There were a total of 18 members of the community signed in for the meeting including the owners of Rookies, the Salad Shop, and Craig Hartman; the community member proposing a new pedal cart in downtown Visalia.
Those in attendance were given an overview of what was being proposed and the pertinent information of the proposed ordinance. The community members present were able to ask questions of staff. The questions asked centered around the proposed route, the hours of operation and locations for pick up and drop off.
At the conclusion of the meeting, the attendees supported the request based on information that was provided by the applicant seeking to operate a pedicab businesses.
Considerations for Potential Direction on a Visalia Pedicab Ordinance:
Pedicabs are defined under state law to include bicycles, including electric bicycles, that transports or is capable of transporting passengers, and is available for hire. The use of these types of vehicles as an alternative to larger vehicles for hire has increased in recent years. As cities develop additional bicycle lanes, the use of pedicabs as an alternative form of transportation for hire is likely to increase.
State law, Vehicle Code sections 21215-21215.5, state specific operational rules for pedicabs in California. These rules require that pedicabs be authorized by local ordinance to operate within the jurisdiction; that operators be over the age of 21 with a valid driver’s license; that the pedicab be equipped with seats for passengers, brakes, headlights, grab rails, and inspected annually; that operators be required to provide specified levels of insurance; that pedicabs are not allowed to operate on streets with a speed limits in excess of 30 miles per hour, except to cross at intersections; that pedicab operators report to the California Highway Patrol any accidents; that pedicabs are not permitted to load or unload passengers on roadways or in the middle of highways; that pedicabs shall be operated close to the right hand curb or edge of roadway except when necessary to overtake a vehicle, avoid an object, or when preparing to make a left turn.
In addition to these rules, state law allows local agencies to adopt their own regulations for pedicabs. City staff, in response to requests for the operation of pedicab businesses, is seeking direction from City Council on consideration to direct staff to draft an ordinance to regulate the licensing, use, and operation of pedicabs.
Contents of a Potential Pedicab Ordinance:
An ordinance would require state mandates be followed. In addition, City staff suggest additional provisions requiring background review of pedicab owners.
If directed to draft an ordinance City staff is proposing pedicab operators to be required to provide fixed routes and to designate the locations for picking up and dropping off passengers as part of the business licensing process. Although referred to as a pedicab, the businesses resemble bus service since they would operate on a fixed route and the particular business that is interested in operating in Visalia could be described as a walking tour conducted on a multi-passenger bicycle. Below is an overview of the different sections that a potential ordinance could contain:
1. Pedicab Permit Requirements: The ordinance will be drafted detailing the permit requirements that pedicab owners will be subject to in order to operate a pedicab business in the City of Visalia. This section will require state that a pedicab owner shall not operate a pedicab, nor allow their pedicab to be operated within the City unless the owner has a valid business tax certificate, pedicab owner permit, and pedicab decal, issued by the City of Visalia. In addition, language under this section will be included to inform pedicab owners that the permits are the property of the City and are not transferable to another person. Furthermore, this section will include language that requires pedicab owners to have a complete background check prior to operating a pedicab business. Other items included in this section will be proof of insurance and indemnification requirement stating that the pedicab owner agrees to reimburse the City of Visalia for any costs incurred by it in repairing damages to City property proximately caused by permittee’s pedicab operations.
2. Pedicab Vehicle Operation Requirements: This section of the ordinance will contain provisions that outline the requirements on the pedicab is operate when in use. Contents included in this section may include:
• Pedicabs must meet California Vehicle Code requirements for pedicabs;
• Seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rail.
• Lighted turn signals shall be required and lighted running lights to improve visibility of pedicab at night. Reflectors must also be attached to all sides of the pedicab.
• Headlights must be capable of projecting a beam of white light for three hundred feet.
• Prior to issuance the pedicab must pass an inspection to confirm compliance with California Vehicle Code requirements and the requirements in this ordinance.
• Pedicabs must be kept in a clean and sanitary condition, be available for inspection by City staff at reasonable times and operate in compliance with all local and state laws applicable to pedicabs and pedicab operations.
• Pedicabs may not impede or block normal or reasonable movement of pedestrians or vehicular traffic.
• Pedicabs may not impede or block normal or reasonable movement of pedestrians or vehicular traffic.
3. Pedicab Routes: As part of the pedicab ordinance requirements, language will be included requiring that pedicab owners submit an operations route with their application. Pedicabs shall only operate along routes that have been submitted to and approved by the City of Visalia as part of the issuance of a pedicab owner permit application. Fixed routes are recommended by City staff so that it would be clear where the pedicabs would be operating in the city. Requiring fixed routes also allows City staff to confirm that the pedicab operator has planned for space to load and unload passengers without blocking traffic. Provisions in the potential ordinance could be made to allow temporary routes or as part of a special event permit allow short term routes for a limited duration. Staff also suggests including language under this section that requires the owner to identify designated loading and unloading locations, and that the pedicab owner be required to provide a diagram of each designated location and authority from the owner of the applicable location that demonstrates, to the satisfaction of City staff, that the pedicab operator has sufficient legal authorization to park, load, and unload passengers, at each designated location. Please note, if directed by Council, language can be included that the use and reference of private parking lots can be considered sufficient if the pedicab operator demonstrates that they have an agreement to utilize the private parking lot when the pedicab will be operating.
4. Consideration of Consumption of Alcohol: State law also allows for the consumption of alcohol by passengers riding in pedicabs when such usage is permitted by local agencies. Local agencies can decide whether to allow this type of usage by pedicab customers. Other jurisdictions allow public consumption by passengers of pedicabs as an excursion similar to other types of alcohol tasting events or as part of traveling to and from businesses that serve alcohol. This usage has proven popular in some jurisdictions.
Under state requirements, when alcohol consumption is allowed there must be a separate safety monitor and operator on the pedicab employed by pedicab owner. In addition, no passengers under the age of 21 are allowed on the pedicab during rides where alcohol is permitted. Pedicab employees must also complete designated state training on alcohol and drugs. The pedicab operator is not permitted to provide alcohol, passengers must supply their own and the beverages must be sealed and unopened prior to consumption on the pedicab.
At this time, staff would recommend the Council not direct staff to include provisions that would allow the consumption of alcohol by passengers riding in pedicabs. However, if the Council determines the usage to be reasonable, the City Council can direct staff to draft language that may permit the consumption of alcohol by passengers riding in pedicabs. The provisions allowing alcohol consumption can be removed by City Council prior to adoption and reconsidered at a later time if desire.
Fiscal Impact:
A cost recovery fee would be imposed as part of the licensing process to recover staff time spent conducting background reviews and vehicle inspections.
Prior Council Action: On August 21, 2023, City staff presented a work session item on consideration and direction on initiating a potential ordinance to regulate the use and operation of pedicabs within the City of Visalia.
Other: N/A
Alternatives: The City Council, in lieu of the recommendations provided, may direct staff to consider the following: Receive the staff report and take no further action at this time.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to begin drafting a Pedicab Ordinance based on the City Council’s desired options as identified in the staff report and during the work session presentation.
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Environmental Assessment Status: The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Furthermore, even if the ordinance were to be determined to be a project, the ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that the resolution or its implementation would have a significant effect on the environment.
CEQA Review: The requested action is not a “project” under CEQA.
Attachments: N/A