City Council
Report
City Council Meeting: July 26, 2022
Agenda Item: 10.A
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To: Mayor and City Council
From: Edward F King, Director, Mobility (DOT)
Subject: Introduction and First Reading of an Ordinance to Amend SMMC Sections
3.12.010 and 3.12.600 to allow non-electric pedicabs on Beach Bike-Path and recodify SMMC Section 3.12.380 prohibiting vehicle driving and parking on sidewalks and parkways
Recommended Action
Staff recommends that the City Council Introduce for First Reading an Ordinance to do the following: (1) amend SMMC Section 3.12.010, Traffic Regulations, to define “Beach Bike-Path” and “Beach Promenade”; (2) amend Chapter 3.12.600 to permit pedicab operations on the Beach Bike-Path; and (3) recodify Section 3.12.380 prohibiting vehicle driving and parking on sidewalks and parkways.
Executive Summary
On May 24, 2022, City Council directed staff to amend existing pedicab regulations to allow non-electric pedicabs to operate on the Beach Bike-Path. Pedicabs serve as a transportation option for short trips and as a tourist attraction. State law grants municipalities authority to regulate pedicab operations. Santa Monica created regulations in 2013 which prohibited pedicabs on the Beach Bike-Path over concerns about congestion on the path. With the widening of the Beach Bike-Path completed in 2020 and City Council support, this report seeks Council approval of amendments to SMMC Section 3.12.600 to allow non-electric pedicabs to operate on the Beach BikePath and to define Beach Bike-Path and Beach Promenade.
Additionally, staff recommends recodifying the prohibition of vehicle driving and parking on public sidewalks and parkways since it was discovered that the online version of the City’s Municipal Code had inadvertently removed the code section from public view. 2 of 5
Although the regulation remains in effect, it is presented for recodification to ease enforcement.
Discussion
This report addresses two code sections, one dealing with pedicabs on the beach bikepath and another to recodify the prohibition of vehicles driving and parking on sidewalks and parkways (see Attachment A).
Pedicabs on the Beach Bike-Path
Pedicabs provide an alternative mode of transport that reduces pollution and motor congestion. Pedicab operations are regulated by SMMC Sections 6.50 and 3.12, and the City’s Pedicab Rules and Regulations established on May 28, 2013. A year-long pedicab pilot program was completed in 1998; however, the ordinance was not codified pending the completion of the pilot. Records show that no pedicabs operated during the pilot period and the Council took no action when the pilot program expired pursuant to the terms of the 1998 ordinance.
It was not until June 2012 when a pedicab operator applied for a business license that the City Council directed staff to draft an ordinance establishing pedicab regulations.
It was at this time that pedicabs were prohibited from the Beach Bike-Path which spans the City’s southern boundary at Venice to the City’s northern boundary adjacent to Pacific Palisades. The prohibition of pedicabs was due to the narrow width of the path and safety and congestion concerns, especially since the Beach Bike-Path and Beach Promenade overlapped in segments, requiring pedestrians and bikes to comingle.
The City recently completed the two-mile North Beach Trail Improvement Project which widened the existing Beach Bike-Path and added a separate, clearly defined path for pedestrians creating a more hospitable environment for pedicabs by separating bikes from pedestrians. Recent enforcement of the pedicab prohibition and calls from operators to change the code prompted the Council at the May 24, 2022 meeting to direct staff to implement the needed Code changes to allow non-electric pedicabs on the Beach Bike-Path by summer 2022. The Council also directed that staff consider limiting the number of pedicabs that operate on the path to mitigate congestion. 3 of 5
Staff added a section to the Pedicabs Chapter of the Santa Monica Municipal Code authorizing the City Manager, or designee, to select a limited number of Beach BikePath operators. Governing the number of pedicabs requires a fair selection process that affords applicants due process which will take time to implement and could delay the implementation until after the summer season.
During the height of the program in 2014, a total of 50 pedicabs were licensed to operate in the City. Currently, there are approximately 25 pedicabs in operation (only two are electric). Staff will set the number of pedicabs permitted to operate on the Beach Bike-Path and monitor the results. If the number of pedicabs observed on the path contribute to conflicts, the number can be reduced. If no issues or conflicts are observed, then the number of pedicabs could be increased.
To exclude electric pedicabs, staff amended the ordinance to prohibit “motorized” pedicabs, including class 1 and class 2 electric pedicabs on the Beach Bike-Path. Staff will create a separate decal to assist enforcement staff in differentiating between the non-electric pedicabs allowed on the Beach Bike-Path and other pedicabs that are only allowed on City streets. Prohibiting electric pedicabs on the Beach Bike-Path is intended to provide safer conditions for all path users since pedicabs with passengers are larger and heavier than most bicycles on the path so keeping their speeds low will reduce the force during a collision.
To address congestion and other safety concerns, staff will amend the Rules and Regulations to incorporate specific pick-up and drop-off zones accessible from the Beach Bike-Path. To address the Council’s directive before the end of the 2022 summer season, official pick-up and drop-off zones will be established later or simultaneously with the code adoption process to allow time to evaluate the locations and to create signage. Currently, pick-up and drop of is governed by SMMC Section 6.50.110(b)(3 & 4), which prohibits operation 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; 4 of 5
and prohibits loading or unloading of pedicab passengers on travel lanes or in the middle of roadways.
To avoid confusion about where pedicabs are permitted to operate, staff recommend clarifying that the Beach Promenade includes Ocean Front Walk by amending SMMC Section 3.12.010 to define “Beach Bike-Path” and “Beach Promenade.” Prohibiting Vehicle Driving and Parking on Sidewalks and Parkways City staff also recommends recodifying the prohibition of vehicle driving and parking on sidewalks and parkways, as this code section was inadvertently removed from the City’s online Municipal Code website.
Past Council Actions
Meeting Date Description
January 27, 1998 Ordinance approving pedicab pilot program on a portion of Main Street.
October 2, 2012 City Council Study Session regarding pedicab operations.
April 9, 2013 Ordinance adding SMMC 6.50 to establish pedicab regulations, amending SMMC 3.12.550 to prohibit pedicabs from operating on the Beach Bike-Path, and amending
SMMC 6.48.030 to require pedicabs to have a business
license. Adoption of resolution setting annual pedicab permit fees.
May 28, 2013 Effective Date of Pedicab Rules and Regulations July 28, 2020 Ordinance amending Transportation Demand Management, Preferential Parking, Pedicabs and Bike Share. Eliminated local pedicab driver permit and operator permit requirements and updated SMMC to remain in compliance with State law.
Financial Impacts and Budget Actions
Nominal costs are anticipated to create and install signage for the pedicab stands for passenger loading and to order new decals to differentiate between pedicabs authorized to operate on the path and those that are not, which will be absorbed in the Mobility Division operating budget.
The Business License Unit processes business license applications and verifies insurance. Pedicab inspections are currently performed by the Mobility Division in the 5 of 5
Department of Transportation. Pedicab rules are enforced by Code Enforcement staff and “rules of the road” are enforced by the Police Department.
Prepared By: Ariel Pepper, Transportation Planning Technician Approved Forwarded to Council
Attachments:
A. Attachment A - 3.12 PedicabBeachBikePathOrdinance July 26 2022_PD B. Attachment B - California Vehicle Code
C. January 27, 1998 - Pedicab Pilot Program (Web Link)
D. October 2, 2012 - City Council Study Session (Web Link) E. April 9, 2013 - Ordinance Change (Web Link)
F. May 28, 2013 - Effective Date of Pedicab Rules and Regulation (Web Link) G. July 28, 2020 - Ordinance Change (Web Link)
H. Written Comments
I. PowerPoint Presentation