DATE: November 14, 2023
SUBJECT:
Title
MOTORIZED MOBILITY DEVICES AND PEDICABS:
A. ADOPT A RESOLUTION FINDING THE FOLLOWING BOARD ACTIONS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301 AND 15311; AND
B. CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE AMENDING SAN DIEGO UNIFIED PORT DISTRICT (SDUPD) CODE ARTICLE 8, SECTION 8.07 - REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT TIDELANDS
C. DIRECT STAFF TO DEVELOP AND EXECUTE SHORT-TERM OPERATING AGREEMENTS WITH PEDICABS FOR HIRE CONDUCTING COMMERCIAL ACTIVITY ON DISTRICT TIDELANDS, WITH CONDITIONS AND COST RECOVERY AT NO LESS THAN 25% OF THE COSTS TO OPERATE THE PROGRAM
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EXECUTIVE SUMMARY:
Electric bicycles (e-Bikes), electric scooters, electric skateboards, motorized pedicabs and other motorized non-traditional mobility devices (Motorized Mobility Devices, or MMD’s) are in use regularly throughout District Tidelands. As the popularity of these devices increases, both the general public and commercial operators run an increased risk for conflicts with high density, slower-traffic pedestrian areas. Additionally, the pedicab practices vary widely and can enhance or tarnish the public’s experience of the waterfront.
At the July 11, 2023, BPC meeting staff presented a two-pronged approach to improve public safety with respect to all MMDs and to increase accountability for commercial pedicab operators, while enabling responsible operators to thrive on tidelands. As presented, the two prongs work together - one, an ordinance to set legal standards and ensure proper enforcement and the other, operating agreements to promote a safe and enjoyable experience for tidelands guests and ensure financial accountability. Board comments at the meeting were generally supportive of the two-pronged approach.
Based on Board comments at the July 11 meeting, staff conducted additional outreach while developing the elements of what have become the proposed Pedicab Operating Program (the Program). Throughout this agenda sheet we use the following definitions:
• "Pedicab Owners” are persons who own, but do not operate, pedicabs.
• “Pedicab Operators” are persons who operate, but do not own, pedicabs.
• “Independent Pedicabs” are persons who own and operate their pedicabs.
Please note that the draft Ordinance defines “Pedicab Operators” as inclusive of all three of these categories, and that a violation may result in enforcement against the pertinent Pedicab Owner and/or Pedicab Operator, or the Independent Pedicab, depending on the circumstance.
Staff recommends the Board approve the Program as follows:
• Port Code Amendment. Amend Section 8.07 of the San Diego Unified Port District (SDUPD) - Regulation of Motorized Mobility Devices and Pedicabs on District Tidelands. The primary purpose of this amendment is to protect the safety of pedestrians and other individuals on District Tidelands. The proposed ordinance prohibits MMDs and Motorized Pedicabs on pedestrian areas including, sidewalks, promenades, multi-use pathways, nature trails, plazas, parking garages, parks, and piers, with certain enumerated exceptions.
• Operating Agreements. Develop and enter into short-term Operating Agreements governing pedicabs on tidelands. These Operating Agreements would be renewable on an annual basis assuming both regulations and a behavioral code of conduct is met. Based on Board direction, an annual fee would be established to recover some or all of the District’s expenses. Operating Agreements will include certain operating restrictions, consistent with the amended Section 8.07, including a prohibition on amplified sound. Operating Agreements would be required to operate on District Tidelands commencing on February 15, 2024.
In addition, the proposed amendment to Section 8.07 would provide certain exceptions for motorized devices as defined by the Americans with Disabilities Act (ADA) when utilized by those with mobility disabilities.
If the Board approves the Program, staff will install signage throughout District Tidelands along sidewalks, promenades, piers and other pedestrian walkways, trails, and pedestrian areas to inform the public, Pedicab Owners, Pedicab Operators, and Independent Pedicabs. Staff proposes designated routes on sidewalks and areas of the Promenade where Pedal-Only Pedicabs (strictly human powered) will be able to operate under a Pedicab Operating Agreement. Given the added safety issues associated with any conveyance operating at high speeds, Motorized Pedicabs on District Tidelands would be allowed but restricted to roadways, parking lots, certain bike lanes and streets and only under a Pedicab Operating Agreement. Pedicab Parking Zones for both Motorized and Pedal-Only Pedicabs will be designated. Some will be shared use and some on the sidewalks will be reserved for Pedal-Only Pedicabs.
As outlined above, and as more fully detailed below, staff recommends the Board approve the Program by approving staff’s recommendations.
RECOMMENDATION:
Recommendation
A. Adopt a resolution finding the following Board actions exempt under the California Environmental Quality Act (CEQA), including but not limited to, CEQA Guidelines sections 15301 and 15311;
B. Conduct a public hearing and adopt an ordinance amending San Diego Unified Port District Code (Port Code) Article 8, Section 8.07 - Regulation of Motorized Mobility Devices and Pedicabs on District Tidelands; and
C. Direct staff to develop and execute short-term Operating Agreements with pedicabs for hire conducting commercial activity on District Tidelands, with conditions and cost recovery at no less than 25% of the costs to operate the Program.
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FISCAL IMPACT:
Funds required for the first year of this effort are included in Guest Experiences FY 2024 budget. Future fiscal years will be budgeted in the appropriate fiscal year, subject to Board approval upon adoption of each fiscal year’s budget. The Program’s estimated expense is $183K for the first year. Whether none, or some, or all of this estimated expense is recoverable by the District depends on Board direction.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
• A Port that is a safe place to visit, work and play.
DISCUSSION:
Staff is returning to the Board at the November 14, 2023, meeting with a recommendation to implement the Program at the District. The recommendation requires both of the following two Board actions:
• Adopt an ordinance amending Port Code Section 8.07
• Direct staff to develop and execute Pedicab Operating Agreements
These recommendations are the product of information gathered and direction received at the May 9, 2023, Board meeting; the July 11, 2023, Board meeting; and multiple public outreach meetings including those that generated the public comments attached in Attachment E. The Program’s goals, as staff understands them, are as follows:
1. Protect public safety
2. Clearly designate routes for operation; and
3. Contract with responsible pedicab companies and operators
Staff’s public engagement, along with each of these goals, is discussed further below, concluding with a discussion of each of the elements of the Program and staff’s recommendation to implement the Program.
Stakeholder Outreach and Public Engagement
Between April and September 2023, District staff facilitated seven (7) stakeholder, public outreach and tenant meetings for the Regulation of Motorized Mobility Devices and Pedicabs with the San Diego Working Waterfront Group, Port Tenants, community residents, EPAMD companies, as well as directly with Pedicab Owners, Pedicab Operators, and Independent Pedicabs. Together with Board direction, comments received at these meetings helped guide the recommendations for the Program. The outreach meetings are listed in the table below, and a summary of feedback, including all public comments for those who chose to email or send letters, are attached as Attachment E.
Overall, the tenants and community voiced their frustrations and concerns, and support the recommendation to the proposed ordinance changes for MMDs and Pedicabs which are important to business operations and the safety of pedestrians and visitors to the waterfront. Pedicab Owners, Pedicab Operators, and Independent Pedicabs were mostly against all proposed updates to the ordinance and prefer to continue operations without any new regulations or agreements. Instead, the Pedicab Owners, Pedicab Operators, and Independent Pedicabs collectively prefer more policing to deal with those who are causing the complaints.
Since April 2023, staff has received 34 emails and letters supporting the proposed changes to the ordinance, 8 supporting some changes however requesting motorized pedicabs to still operate on sidewalks, and 4 opposing any change to pedicab operations. Based on feedback, staff made changes to the Pedicab Route Maps including adding and changing some Pedicab Parking Zones, creating a website link to the future maps, changing the proposed District’s Pedicab Placard/Decal positioning for pedicabs, and posting clear signage for the various areas that will be affected by the Program if approved. Staff received two (2) comment letters from Pedicab Owners and Pedicab Operators (See Attachment F), the claims of which are addressed as follows:
o Pedicab Owners are capable of exercising control and discretion in selecting the individuals to whom they rent pedicabs and/or hire to operate pedicabs at the contracting stage and must ensure that those individuals comply with the law.
o The proposed Code Section 8.07(c)(1) would prohibit the use of motorized pedicabs on “any Sidewalk, Promenade, Multi-Use Pathway, Nature Trail, Public Parking Garage, Pier, or Park,” which includes the boardwalk between Seaport Village and Marina Parkway. This is an area with significant pedestrian traffic and limited space. Pedal-only pedicabs operating in compliance with all applicable laws may continue to use this area.
o The proposed Code Section 8.07 is based on the safety risks to pedestrians and other documented challenges presented by the operation of pedicabs within the District’s jurisdiction.
o All pedicabs, including motorized pedicabs, authorized under a Pedicab Operating Agreement will be permitted to travel to and from authorized pedicab parking zones to access authorized routes. Most pedicab parking zones are adjacent to the streets, drive isles, and roadways.
Pedicab Rates
A common complaint from the public is that they feel pedicab rates are confusing and excessive. Staff reached out to the four (4) known Pedicab Owners and to one of the eight (8) known Independent Pedicabs to survey their typical rates. The rates are determined by the individual pedicab operators, and it was reported that they charge between $5 to $15 for pedal-only and $10 to $100 for motorized, per person, per ride or tour. The rates varied greatly between off-season non-event days to high-season event days. If the ordinance is approved, the rates will be required to be posted inside and outside of all pedicabs so that the rates are visible to the customer.
Benefits and Intended Outcomes of the Program
Improve Public Safety
To improve public safety, staff looked closely for data on safety concerns, considered safe operation in the street, and reviewed Pedicab Operator and Independent Pedicab behavior. Staff’s recommendations follow closely what many waterfront municipalities in California have already put in place in high pedestrian activity and attraction areas including San Diego, Santa Monica, Inglewood, San Francisco, and Santa Barbara.
Beyond staff’s benchmarking, on October 9, 2023, Governor Gavin Newsom vetoed Assembly Bill 825 which would have prohibited local jurisdictions from banning bicycling on sidewalks located adjacent to streets and roads without bike lanes. The Governor stated that “the bill would create serious safety issues - both for bicyclists and pedestrians. Most sidewalks are not designed for bicyclists to safely use them, and riding on sidewalks would significantly increase the risk of collisions with pedestrians.” The District’s observed experience and research is consistent with the concerns expressed by the Governor.
When SDUPD Code Section 8.07 - Regulation of Pedicabs was approved in August 2001, pedicabs were not motorized. They were categorized as a 3 wheeled bicycle, which was solely human powered (Pedal-Only). Approximately 14 years later, the addition of motors to pedicabs have expanded the ability to seat more than 2 people. With that growth, motorized pedicabs can now accommodate 5-6 people and can weigh approximately 350 pounds. Today, most pedicabs in operation downtown and on the waterfront are motorized, 4 to 5 feet in width and up to 10 feet in length and can reach speeds of 20 - 35 miles per hour.
Safety at these speeds is a great concern since pedestrians must compete for the same limited space on promenades and sidewalks, some of which are significantly constrained. These public walkways have varying widths throughout the waterfront. At higher speeds and due to the weight and size of the pedicabs, the risk of injury to a pedestrian greatly increases. Maximum speeds of MMDs vary (up to 12 to 30 miles per hour) and many can also reach speeds above what is considered safe in high density pedestrian environments. For reference, the maximum speed identified for the Boardwalks in Mission Beach and Pacific Beach is currently posted at 8 miles per hour and all MMDs are currently prohibited.
Identify and Clearly Designate Operating Routes and Pickup/Drop Off Locations
Based on the May 9 and July 11, 2023, BPC meetings, staff engaged an on-call consultant, Steve Cook with Intersecting Metrics, to assist in identifying restricted routes and separating Pedal-Powered from Motorized Pedicabs. If implemented, Motorized Pedicabs would be classified the same as all other MMDs. Mr. Cook performed field research and measurements, along with District staff, to come up with Pedal-Only Pedicab routes, with specific consideration for:
• Minimum, sustained widths of generally 12+ feet for pedicabs and pedestrians.
• High pedestrian density areas irrespective of sidewalk width.
• Business egress and ingress points along promenades and sidewalks.
The routes are intended to provide pedestrians with some buffer due to greater sidewalk width or parallel pathways on the designated routes. Through a combination of streets, parking lots, promenades, and pathways there is a path for both Pedal-Only Pedicabs and Motorized Pedicabs to navigate from the Coast Guard Station on the north end of Harbor Drive to the Hilton Bayfront Hotel on the south end. These recommended routes with an associated legend are shown on the Pedicab Route Maps (Attachment C). During stakeholder, tenant and public outreach, staff shared the maps and routes for input. Comments received resulted in staff adjusting maps. If the Program is approved, then these maps, which also include the proposed Pedicab Parking Zones, will be posted on the District’s website and may be modified administratively from time to time.
If the Program is implemented, MMDs and Motorized Pedicabs would be allowed to operate within the District only on streets, roadways, and certain bike lanes, where available. This would allow them to operate like other motor vehicles and still access parking lots along the waterfront to drop off and pick up passengers if operating under a District Pedicab Operating Agreement. District piers, including B Street Pier, Broadway Pier, and Navy Pier, will be an exception with no access for all Pedicabs, including Pedal-Only Pedicabs, as well as all MMDs due to high pedestrian activity during cruises and events.
Support Responsible Pedicab Owners, Pedicab Operators, and Independent Pedicabs
Staff has reviewed and benchmarked processes, permits, regulations and fees with other public agencies. Based on that research, staff is developing a draft application, proposed annual fee per pedicab, Pedicab Operating Agreement, and Code of Conduct to manage this new Pedicab Operating Program.
If amended, SDUPD Code Section 8.07 will require Pedicab Operators, Independent Pedicabs, and SMD Operators to have a permit and/or contract with the pertinent member city to operate on tidelands. All regulations imposed by the pertinent City’s permit and/or contract must be followed, and the District will require insurance to the District to operate on tidelands and impose other regulations as set forth in the proposed amended Section 8.07.
To apply for the Pedicab Operating Agreement, all applicants will be required to provide a list of their City of San Diego pedicab decals, any associated current permit, Business License, and proof of insurance. The City of San Diego’s Pedicab decal renewal takes place annually during the month of January; therefore, District Pedicab Operating Agreements would commence approximately February 15 of each year to allow time to verify the City issued decals. The District’s Pedicab Placards/Decals will be color and number coded to differentiate between “Motorized” and “Pedal-Only” and will coordinate with the City of San Diego’s decal numbers for easier identification. The District’s Pedicab Placards/Decals will be attached to the top rear area in a highly visible location, and both sides of all pedicabs for easy identification and will include a District email, Quick Response (QR) code and/or app to report issues.
Currently, the City of San Diego issues a maximum of 250 Restricted Area Pedicab Decals with pedicab companies in San Diego (four (4) Pedicab Owners and approximately eight (8) Independent Pedicabs). Each Pedicab Operator is also issued a Pedicab Operator Permit to operate a pedicab that comes with a non-transferable Identification Card/License. The City of San Diego has three (3) contracts with Shared Mobility Device Operators (Bird Spin, and Lime); however, only Bird is currently operating in San Diego. The City of Chula Vista had one (1) permit with Bird for SMDs, which is currently not active. At present, there are no Pedicab or SMD Operators with permits or contracts in Coronado, National City, or Imperial Beach. If the Board approves staff’s recommendation, a pedicab company or an individual Pedicab Operator could apply for the District’s Pedicab Placards/Decals for up to the same number of pedicabs for which they currently hold City of San Diego pedicab decals.
To promote responsible behavior of all who participate in the operation of pedicabs for hire on tidelands, staff has created a Code of Conduct (Attachment D). The objective of the Code of Conduct is to protect public safety and to address the issues that have been brought to staff’s attention.
Approach to Monitoring and Enforcement
Staff intends to implement a three-tiered approach to monitoring and enforcement focusing first on notification from the general public, second on periodic monitoring and review of operating agreements, and third, if necessary, enforcement by Harbor Police and/or District Staff. Staff’s goal is self-policing and shared accountability for the behavior of all who participate in the operation of pedicabs on tidelands. A tracking system will be set up to monitor complaints, with a quarterly review with Pedicab Owners and Independent Pedicabs.
As noted above, there are four (4) main Pedicab Owners and about eight (8) Independent Pedicabs and they are responsible for their actions and their Pedicab Operators. To maintain a Pedicab Operating Agreement, Pedicab Owners and Independent Pedicabs must remain in good standing with the District. All must effectively manage their employees, lessees, and contractors as well as Pedicab Operators, and must require compliance with the same set of regulations and Code of Conduct.
Staff’s goal is to educate wherever possible and to reserve more significant penalties only for repeated or egregious misconduct. Substantiated violations, whether reported by staff or the general public, will be collected and reviewed with the Pedicab Owners and Independent Pedicabs. Violations may result in enforcement pursuant to SDUPD Code Section 0.11 - General Penalty, which authorizes a maximum civil penalty of up to $5,000 per violation. Also, the violation may be used to support the suspension or termination of Pedicab Operating Agreements. If a Pedicab Operating Agreement is suspended, terminated, or not renewed, then all pedicabs owned by the respective Pedicab Owner or Independent Pedicab would be unable to lawfully operate on tidelands.
Implementation and Costs
The total estimated costs to administer the Program, inclusive of signs, District’s Pedicab Placards/Decals, Information Technology platform implementation, Harbor Police, staff time and non-personnel expense, is estimated at $183,000 for the first year. Whether and to what extent this amount is recoverable depends on the Board’s direction to recapture none, part, or all of these expenses. For at least the first year of the Program, staff recommends partial recapture.
Staff recommends achieving partial recapture of this cost via a cost per District’s pedicab Placards/Decals fee which would be included in the Pedicab Operating Agreement. Assuming all 250 District’s Pedicab Placards/Decals (matching City of San Diego’s issued decals), the initial annual cost per pedicab could range from $183 (25% of cost) to $731 (100% of cost).
Pedicab companies and individual Pedicab Operators are very concerned about having to pay $731 to the District in addition to all the fees and requirements that go along with obtaining approval to operate. The City of San Diego charges the pedicab companies and individual Pedicab Operators $277 annually per pedicab decal. The City also charges $649 annually for a Pedicab Operator Permit inclusive of business license and background check fees to Contracted and Independent Pedicab Operators. Because of the concern expressed in the outreach meetings, and consistent with staff’s understanding of the Board’s direction to facilitate the operation of responsible pedicabs for hire, staff is recommending a first-year cost of $183 per pedicab, which staff can review and reconsider annually. Keeping the fees low will also encourage entrepreneurship amongst the independent pedicabs.
Exception to the Program for Electric Personal Assistive Mobility Device Operators
There are currently three (3) Segway Tour Operators with Permits for operation with the City of San Diego, which have been operating downtown for several years, and their tours include District Tidelands areas along the Embarcadero. These are categorized as Electric Personal Assistive Mobility Devices (EPAMDs) as defined by the California Vehicle Code. The tour operators require a guide on all tours, customers wear helmets, and they keep speed to a minimum while riding on sidewalks and promenades. The EPAMD Operators have operated responsibly and without complaint from the District tenants and the public on tidelands. Staff recommends allowing this exception for EPAMDs, only if on a guided tour, with the requirement that they must maintain their Permit with the member city to operate and provide the District with insurance to operate on tidelands. Their insurance will match the requirements they currently have with the City of San Diego and will require them to include the District as additional insured on their policy.
Exceptions to the Program via Executive Director Approval
District staff, tenants, contractors, and third parties operate limited numbers of MMDs (mostly utility carts/golf carts) for security, maintenance, deliveries, and special events, that in some cases extend onto public areas. These uses of MMDs have not created safety issues or pedestrian conflicts. If the Board approves the Program, staff will create a process to issue limited administrative exceptions to allow the continued reasonable use of these MMDs on District sidewalks, promenades, multi-use pathways, nature trails, plazas, parking garages, parks, and piers.
The revised SDUPD Code Section 8.07 would allow the Executive Director to authorize exceptions that would take into consideration the requirement for safety and slow speeds when operating in pedestrian areas.
And as noted above, there will be an exception for motorized devices defined by ADA, which are utilized by those with mobility disabilities.
Recommendation
If the Board directs implementation of the Program, staff anticipates significant benefits to public safety and the use and enjoyment of public tidelands. The approach taken here will also align with many areas in California which already prohibit MMDs and Pedicabs from operating on sidewalks and in pedestrian areas.
For the reasons discussed above, and consistent with Board direction, extensive staff research, and public outreach, staff recommends the Board approve the Program by:
• Adopting the recommended amendments to SDUPD Code Section 8.07, and
• Directing staff to develop and execute Pedicab Operating Agreements and Cost Recovery to operate the Program.
General Counsel’s Comments:
The Office of the General Counsel reviewed this agenda and the proposed ordinance, as presented, as to form and legality.
Environmental Review:
The proposed Board action, including without limitation, to conduct a public hearing and adopt an ordinance amending San Diego Unified Port District Code Article 8, Section 8.07 - Regulation of Motorized Mobility Devices and Pedicabs on District Tidelands, is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Existing Facilities) and 15311 (Accessory Structures), and/or Sections 3.a.(4)(8)(11) and 3.i.(3) of the District’s Guidelines for Compliance with CEQA because the project would involve no expansion of use beyond that previously existing and would not result in a significant cumulative impact due to the continuation of the existing use. The District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
The proposed Board action complies with Section 87 of the Port Act, which allows for the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
The proposed Board action is considered excluded development pursuant to Sections 8.a.(3)(7) (Existing Facilities) and 8.c.(3) (New Construction or Conversion of Small Structures) of the District’s Coastal Development Permit Regulations because the project would involve negligible or no expansion of use beyond that previously existing and would consist of the installation of on-premises signage. If the Board approves this action, District staff would notify California Coastal Commission (CCC) staff in accordance with Coastal Act Section 30717. The approval would become effective after the 10th working day after notification to CCC staff unless an appeal is filed with the CCC within that time frame.
Diversity, Equity, and Inclusion Program:
This agenda sheet has no direct DEI impact on District workforce or contract reporting at this time.
PREPARED BY:
Kristine Love
Department Manager, Guest Experiences - Parking
Liza Anderson
Asset Manager, Guest Experiences - Parking
Lillian Mattes
Assistant Planner, Development Services
Attachment(s):
Attachment A: Proposed Amendments to San Diego Unified Port District Code Sections 8.07 (Strike-out / Underline Version)
Attachment B: San Diego Unified Port District Code Sections 8.07
(Clean Version)
Attachment C: Route Maps
Attachment D: DRAFT Pedicab Operator Code of Conduct
Attachment E: Public Comments
Attachment F: Pedicab Owner and Pedicab Operator Commissioner Comment Letters