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HomeMy WebLinkAboutSS3 - Consideration of Prohibiting Motorized Uses on Boardwalk - Handoutossa- a-ii-zo February 11, 2020 PLEASE DISTRIBUTE AND ENTER INTO THE PUBLIC RECORD IN CONNECTION WITH THE CITY COUNCIL STUDY SESSION OF FEBRUARY 11,2020 -ITEM SS3. Mayor and City Council Members: As members of the City's coastal community, we are writing to express our support for, Prohibition of Motorized Uses on the Oceanfront Boardwalk, which is being considered at the February 11th City Council Study Session. There has been continued increase in the volume and type of motorized uses on the Oceanfront Boardwalk along the Balboa Penninsula. This increase,in combination with the ever-increasing number of people of all ages residing in and visiting the coastal community, has resulted in an unsafe situation for persons of all ages. In addition, these motorized uses through their design and operation offer limited ability to steer ,stop or control speed.There has been an increase in accidents, resulting in injury , including in our elementary school through seniors populations. The result is an untenable amount of what amounts to motorized vehicular traffic going at speeds far greater than that of pedestrians, bicyclers and people crossing the boardwalk to and from the beach.The condition has led to residents and the public not wanting to use the boardwalk . Most coastal cities prohibit motorized uses on their waterfront boardwalks.( The one exception is legitimate ADA sit-down self -powered wheelchairs.) We respectfully request that the Council move forward decisively to restore this precious resource and a safe situation to our oceanfront boardwalks. Sincerely, peQ_,,6 "ZI o ce"rCt � AXA By CHRISTOPHER RBYIBOLDS In August, U.S. Interior Secre- tary David Bernhardt issued an order to increase a -bike access to Land controlledby the Department :�f the Interior, including national darks and wildlife refuges. A day ater, the National Park Service is- ,ued a policy ;=nemorandum direct- parks to ef;nlp]y as soon € s pos- ;ible. hn spe&± joltt on those NUtea ;s often L5 mpab, a rate that bath finds of bikes routillely surpass vhen heading downhill- 4 ownhill• s1 the Santa Monk s tre all bilin uce allowed everywhere tha notorless mountain bikes ani oadbikes 90- MART i N DEREK 310.493.0619 lbod, CA 92661 ikes.cotn djacent to Balboa Pier "U W1-4URE 4"A 1 February 11, 2020 Item No. SS3 NOW '; TO KNOW -bikes may be coming o national parks, trails Motorized electric bicycles may soon be humming their Way intp Irfegulaur nat„�tk• under a ne f ra stmtion order -- opposed b o ►rpsi— allowing a -Dikes on every fed- eraltra]twhere bike can go. es some aging or less fit rior Secretary David Bernhardt sign a order without fanfare late last month, classifying a -bikes as nonmotorizedbikes. operate abicycle e �Wa to has expanded access to recreational opportunities," the order said. ALL SYSTEMS GO Las Vegaas gets easier 0 to navigate ByYomi S. WRUNG Wheeling on vacation? You're in luck. Las Vegas is one of the easiest places to visit while using a mobility device. I've made several trips to Las Vegas in the last three decades and access improves each time. There is more to be done, but there are more workarounds. For instance, you can avoid traffic by using pedestrian bridges to cross the busy Las Vegas Strip. Much of what Vegas has is disability -friendly. Mere are the basics or a refresher course for staying on the go. When you land There are several ways to request wheelchair service at McCarran International Air- port. As always, it's best to re- quest anything you need in advance through your airline. You can request a wheelchair or you can ask for someone to assist you in yours.. , To request a wheelchair: m On-site — dial 7874 on any courtesy phone in the termi- nal or use the information booths. Joan THAX :SAS VEGAS, including the Strip, is accessible for those using mobility 56188 Federal Register/Vol. 75, No. 178/Wednesday, September 15, 2010 / Rules and Regulations provide sufficient mobility. Those citing objections to the intended use determinant Transportation's definition of "common wheelchair" are not a good fit in the context definition of "wheelchair" contained in section 508(c)(2) applicable indicated it would be more appropriate to make the categorization determination based of most public, entities. The Department noted in the NPRM that it sought a only to the specific context of uses in designated wilderness areas, and therefore does on whether the device is being used for a mobility disability in the context of the vti ` i';._ tnannalltx+rriiold not compel the use of that definition for any impact of its use in a specific environment. Some of these commenters preferred this ., wh"Ach*w MCI MUMMY NZWOM (ger„ thttar: that hWally are slrtglata Wr, havo three to other purpose. Moreover, the Department maintains that limiting the definition to devices suitable for use in an "indoor approach because it would allow the Segways� PT to be included in the definition four il=ls, amd aro Ap pritttia far lxrth indoor aiA outdnar jlird Irian areu ), pedestrian area" as provided for in section of "wheelchair." Many environmental and government as wall as it vrtriijty of types of wheelchairs and idt bilityx scooters with Individualized sits 508(c)(2) of the ADA, would ignore the technological advances in wheelchair design that have occurred since the ADA went into commenters were inclined to categorize mobility devices by the way in which they ri illus frh-ttumm. or models with different 11u1911r A (if wh"la. The NPRM defined a effect and that the inclusion of the phrase "indoor pedestrian area" in the definition are powered, such as bat eery -powered engines versus fuel or combustion erg{nes, wheelchair as `a device designed solely for mobility use by an individual with a mobil of by individuals with "wheelchair" would set back progress made mobility disabilities One commenter suggested using exhaust level as the determinant. Although there impairment for the primary purpose of locomotion in typical indoor and outdoor who, for many years now, have been using devices designed for locomotion in indoor were only a few commenters who would make the determination based on indoor or pedestrian areas. A wheelchair may be manually -operated or power -driven." 73 FR and outdoor settings. The Department has concluded that same rationale applies to outdoor use, there was nearly universal support for banning the indoor use of devices 34466, 34479 (June 17, 2008). Although the NPRM's definition of "wheelchair" excluded placing limits on the size, weight, and dimensions of wheelchairs. that are powered by fuel or combustion engines. mobility devices that are not designed solely With regard to the term "mobility A few commenters thought it would be appropriate to for use by individuals with mobility disabilities, the Department, noting that the impairments," the Department intended a broad reading so that a wide range of categorize the devices based on their maximum speed. Others objected to use of the Segway% PT' by individuals with mobility disabilities is on the disabilities, including circulatory and this approach, stating that circumstances upswing, inquired as to whether this device should be respiratory disabilities, that make walking difficult impossible, should dictate the appropriate speed at which mobility devices should be operated— included in the definition of "wheelchair." Many environment and Federal or would be included. In response to comments on this issue, the Department has revisited the issue loss for example,,a faster speed may be safer when crossing streets than it would be for government employee commenters objected to the Department's definition and concluded that the most apt term to a chieve "mobility sidewalk use—and merely because a device ('an go a certain speed does not mean it will proposed of "wheelchair" because it differed from the definition of "wheelchair" found in this intent is disability." In addition, the Department has decided he operated at that spend. The Department has derided to maintain section 508(c)(2) of the ADA—a definition used in the statute only in connection that it is more appropriate to use the phrase "primarily" designed for use by individuals the device's intended use as the appropriate determinant for which devices are with a provision relating to the use of a wheelchair in a designated wilderness See with disabilities in the final rule, rather than "solely" designed for use by individuals with categorized as "wheelchairs." However, because wmay be intended for use area. 42 U.S.C. 12207(c)(1). Other government disahihfies—the phrase proposed in the NPRM. The Department believes that thiswheelchairs by individuals who have temporary conditions affecting mobility, the Department commenters associated with environmental issues wanted the phrase "outdoor pedestrian phrase more accurately covers the range of devices the Department intends to fall within has decided that. it Is more appropriate to use "primarily use" eliminated from the definition of "wheelchair." Some transit system the definition of "wheelchair." After receiving comments that the the phrase designed" rather than "solely designed" in making such commenters wanted size, weight, and dimensions to be part of the definition word "typical" is vague and the phrase "pedestrian categorizations. The Department will not foreclose any future technological because of concerns about costs associated with having to accommodate devices areas" is confusing to apply, particularly in the context of similar, but not identical, developments by identifying or banning specific: devices or setting restrictions on that exceed the dimensions of the "common wheelchair" upon which the 2004 ADAAG terms used in the proposed Standards, the Department decided to delete the term "typical size, weight, or dimensions. Moreover, devices designed primarily for use by was based. Many advocacy, nonprofit, individual indoor and outdoor pedestrian areas" from the final rule.1ntsteatj, thea Rn+si title "{nslcxir individuals with mobility disabilities often are considered to be medical devices and are and commenters indicated that as long as the Department intends the scope of the tern roferoncts; fir of bath Indoor and ouldoor locowgooq lUake clear sitar ter, cle r devices generally eligible for insurance reimbursement on this basis. Finally, devices "mobility impairments" to include other disabilities that cause mobility impainuents that sire tie tbat "evhiteSli:lialr"0r#i'those {het exit ninon o locomotlon cin Indoor and designed primarily for use by individuals with mobility disabilities are less subject to fraud (e.g., respiratory, circulatory, stamina, etc.), they were in support of the language. Several nutdjM)r pedestrian baths inr routeii and not those, that are fntbncim! tixclusivol,y till, ttavrmillig concerns because they were not designed to have a recreational component. commenters indicated a preference for the definition of "wheelchair" in section utlrleflotil, nnl,rit{utrrr+(, or uuiuprovecl paths or rmrtoo. Thus, ttre fiscal Ude 3jefi Consequently, rarely, if ever, is any inquiry or assessment as to their appropriateness for 508(c)(2) of the ADA. One commenter indicated a preference for the term "assistive w the iwrm "whoolchair" to mean "a manually - operated or device destat] use in a public; entity necessary. Definition of "wheelchair." in seeking device," as it is defined in the Rehabilitation Act of t973, over the term "wheelchair." A iniwer-drivap primarily for um by an Individual with a rnoltiIity ilisailrIlity far tea main public feedback on the NPRM's definition of "wheelchair," the Department explained its few commenters indicated that strollers should be added to the preamble's list of {aurpose of indoor its of both indoor and outdoor locomotion." concern that the definition of "wheelchair" in section 508(c)(2) of the ADA (formerly examples of wheelchairs because parents of children with disabilities frequently Whether the definition of"wheelchair" includes section 507(e)(2), July 28, 1990, 104 Stat. 372, 42 U.S.C. 12207, renumbered section use strollers as mobility, devices until their children get older. the Segway" PT. As discussed above, because individuals with mobility 508(c,)(2), public Law 110-325 section 6(a)(2), Sept. 25, '2008,122 Stat. 3558), which In the final rule, the Department has rearranged some wording and has disabilities are using the Segways PT as a mobility device, the Department asked pertains to Federal wilderness areas, is not specific enough to provide clear guidance in made some changes in the terminology used in the definition "wheelchair," whether it should be included in the definition of "wheelchair." The basic the array of settings covered by title Il and that the stringent size and weight of but essentially has retained the definition, and therefore the rationale, that was set forth in the NPRM. Segway* PT model is a two -wheeled, gyroscopically -stabilized, battery -powered personal transportation device. requirements for the Department of Again, the text of the ADA makes the The user stands on a platform suspended three inches