Loading...
HomeMy WebLinkAbout91-53 - Establishing the Oceanfront Boardwalk User Safety ProgramNO. 91 -53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE OCEANFRONT BOARDWALK USER SAFETY PROGRAM. The City Council of the City of Newport Beach does hereby • ordain as follows: SECTION 1: A. On September 23, 1991, the City Council appointed the Oceanfront Boardwalk City Council Ad Hoc Committee ( "OBC "). B. The OBC was charged with the responsibility of: 1. Evaluating a pilot program that would close the Oceanfront Boardwalk ( "Boardwalk ") to bicyclists, skateboarder and skaters on weekends, holidays and summer months; and 2. Evaluating all possible measures to warn of, remedy, or protect against any possible dangerous • condition that may exist on the Boardwalk. C. The OBC determined that certain things could be done by the City in a relatively short period of time that could improve safety for all Boardwalk users and these measures include: . 1. A speed limit applicable to all users; 2. Changing the direction of flow on the Boardwalk to conform to rules of the road; 3. Prohibiting unsafe or reckless activity on the Boardwalk; 4. Posting signs advising of the speed limit, the need to exercise caution, and the direction of travel; 5. The establishment of a Walk Zone within the newly constructed plaza at the base of the Newport Pier; and 6. Development and implementation of bicycle and skate safety educational programs by the Inline Skating Association and the Bicycle Trails Citizens Advisory Committee. i D. The OBC evaluated, and decided to recommend against, implementation of, other short term measures described in this paragraph for the reasons specified: 1. Walk Zones in Main Street Area. The Boardwalk in the Main Street /Balboa Pier area is 22 feet wide. • The speed of all users in this area is slower than other portions of the Boardwalk. Stop signs for bicyclists using the Boardwalk are posted at those points where streets intersect the Boardwalk. There appears to be no need for a Walk Zone and no effective way of establishing a Walk Zone in this area. 2. Prohibit Bicycles and /or Skaters on Weekends. Holidays and Summer Months. This prohibition would increase traffic on Balboa Boulevard and add to the congestion already present on that roadway. Many residents in the area use the Boardwalk for travel along the Peninsula and children use the Boardwalk • to go to, and from, school and playgrounds. A survey of paramedic reports covering a three year period revealed only three or four accidents involving multiple parties. These reports also suggest there is no particular increase in accidents during any of the targeted periods. 3. Relocation of Streetlight Poles. Relocation of street light poles, which would slightly increase the usable width of the Boardwalk at or near street ends, would cost approximately $300,000. Review of paramedic reports reveals only one incident involving contact between a user and a street light • and that incident was the result of user intoxication. The relocation of the lights would require Coastal Commission approval and take a substantial amount of time. Money spent on relocating street lights would be wasted if the 2 City decides to widen the existing Boardwalk or construct a new facility. Relocation and upgrading of the street light system will be considered during discussions relative to long range solutions. • E. The OBC has determined that the measures described in this subparagraph will require substantial time to plan, design and construct. Two measures require the expenditure of approximately $2 million dollars. These measures are considered possible long term solutions and will be evaluated by OBC during Phase 2 of their deliberations: 1. Widening of Existing Walkway. Construction of a wider Boardwalk will require planning studies, environmental analysis, City Council approval, and Coastal Commission approval. The Planning and Public Works Departments estimate that planning and environmental documentation alone would required approximately 18 months to complete. Construction • of the expanded Boardwalk would take another five to six months. The total cost for an expanded Boardwalk is estimated to be $1.75 million dollars. Assuming the best case scenario, this measure could not be implemented before January, 1994. 2. Separate Bicycle Trail Oceanward of Existing Boardwalk. The beach between Balboa Pier and Newport Pier is wide enough to accommodate a separate bicycle trail some distance oceanward from the original Boardwalk. The time required for planning studies, environmental analysis, and construction is roughly the same as a wider • Boardwalk. The cost of constructing a separate bicycle trail on the beach would be roughly equivalent to, but possibly slightly less than, widening the Boardwalk. In all probability, the new facility would not be completed prior to 3 January, 1994. 3. Deletion of Boardwalk from Local Coastal Plan /Circulation Element. The Boardwalk is shown as a bicycle trail in the Local Coastal Plan, Circulation Element, and other City planning • documents. Deletion of the Boardwalk from these documents would require planning studies, environmental analysis, and approval of the City Council and Coastal Commission. The Boardwalk is a major component of the City's beachfront public access program and the City may be required to mitigate any impact associated with deletion of the Boardwalk from the ICP and /or Circulation Element. The planning and environmental studies will require six months or more to complete. Deletion of the Boardwalk as a bicycle trail on official City maps and documents probably could not be accomplished before January, 1993. • 4. The City Council has reviewed and considered the recommendations of the OBC, the documents considered by OBC in formulating its recommendations, the minutes of OBC meetings, letters from concerned citizens, and testimony of interested parties preliminary to approval of this ordinance. The City Council, after due consideration of the probability and gravity of potential injuries to persons and property using the Boardwalk as well as the practicability and costs of protecting against the risk of any such injury, has determined that the measures • recommendations of the OBC represent all of the measures that can reasonably be implemented to warn of, remedy, or protect against the risk of injury to users of the Boardwalk. Those short term measures rejected by OBC, such as the Walk Zone in 4 the Balboa Pier area and a ban on bicyclists and skaters during certain times of the year, would not necessarily improve the safety of users, could impact beach access, and reduce the recreational value of the Boardwalk. The City Council also • determined that the measures identified in Subsection E. warrant further study and analysis by the OBC but the time and expense associated with implementation of those measures preclude approval at this time. SECTION 2: Chapter 12.54 is hereby added to the Newport Beach Municipal Code to read as follows: "Chapter 12.54. Oceanfront Boardwalk Safety Program. 12.54.010 Purpose and Intent. 12.54.020 Definitions. 12.54.030 Speed Limit. 12.54.040 Unsafe Operation. • 12.54.050 Direction of Flow /Rules of the Road. 12.54.060 Special Restrictions. 12.54.070 Penalty. 12.54.010. Purpose and Intent. The purpose and intent of this Ordinance is to insure the safety of persons using the Oceanfront Boardwalk while maximizing the recreational opportunities available to users. The restrictions and limitations on bicyclists, skaters, skateboarders and others are the result of extensive analysis by the Oceanfront Boardwalk Citizens Advisory Committee, City staff and a traffic • consultant. The City Council, after due consideration of the probability and gravity of potential injuries to persons and property using the Boardwalk as well as the practicability and cost of protecting against the risk of such injury, has determined that the provisions of this Ordinance represent all of the reasonable 5 measures that can be implemented to protect users from the risk of injury. 12.54.020 Definitions. BOARDWALK - or Oceanfront Boardwalk shall mean the concrete • walkway approximately 12 to 22 feet in width immediately adjacent to the sandy beach (except where the beach has been improved with parking lots, parks or school playgrounds) and extending from approximately 250 feet east of "E" Street to 36th Street. BICYCLIST - shall mean any person operating any device propelled by human power through a belt, chain or gears and having one or more wheels. PASS - shall mean to travel to the left of the centerline of the Boardwalk. PEDESTRIAN - shall mean any person on foot. • SKATEBOARDER - shall mean any person riding a skateboard as that term is defined in Section 12.57.010 of the Newport Beach Municipal Code. ROLLERSKATER - shall mean any person wearing rollerskates as defined in Section 12.57.010(b) of this code, rollerblades, or any similar device. 12.54.030 Speed Limit. No bicyclist, skater, skateboarder or pedestrian shall exceed 8 miles per hour while on the Boardwalk. is12.54.040 Unsafe Operation. No bicyclist, skater, skateboarder, or pedestrian shall engage in any activity on the Boardwalk which creates an unreasonable risk of injury to any person. 6 12.54.050 Direction of Flow /Rules of the Road. A. All bicyclists, skaters, skateboarders and pedestrians shall keep to the right of the centerline of the Boardwalk except when passing. B. No person shall pass any other person except when it is safe to do so. C. No person shall pass any other person when there is a solid single or double centerline. 12.54.060 Special Restrictions. A. The Traffic Engineer shall post signs and install appropriate markings designating a "Walk Zone" for bicycles in the Plaza at the base of the Newport Pier. The Traffic Engineer shall have the authority to establish other special restrictions on bicyclists, pedestrians, skateboarders, and /or rollerskaters such as localized speed limits less than 8 miles per hour. B. No person shall fail to comply with signs posted pursuant • to Subsection A that establish special restrictions on bicyclists, pedestrians, skateboarders, and /or rollerskaters using the Boardwalk. 12.54.070 Penalty. A. Notwithstanding any other provision of this Code, any person violating the provisions of Section 12.54.030, 12.54.050, or 12.54.060 shall be guilty of an infraction, punishable by a fine not to exceed Fifty Dollars ($50.00). B. Any person violating the provisions of Section 12.54.040 shall be guilty of a misdemeanor, punishable by a fine not to isexceed Five Hundred Dollars ($500.00) provided, however, the violation may be prosecuted as an infraction pursuant to the provisions of Section 1.04.010(A) of the Newport Beach Municipal Code. VA SECTION 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of December, 1991, and adopted on the 13th day of January, 1992, by the following vote, to -wit: • AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PU MER NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ATTEST: 0)e� CITY CLERK 40 kr/bicskate.ord �IV MAYOR l 11 MM.wi`