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HomeMy WebLinkAboutSS3 - Oceanfront Safety Steering Committee Status ReportCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. SS 3 March 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Tara Finnigan, Public Information Manager 949 - 644 -3035 or tinnigan @newportbeachca.gov SUBJECT: Oceanfront Safety Steering Committee Status Report RECOMMENDATION: Provide direction on the following proposed Code changes: 1. Ban Segways on the Oceanfront Boardwalk. 2. Require permits for Segway tour operators. BACKGROUND: In April 2009, the Oceanfront Safety Steering Committee presented its initial recommendations to the City Council during a Study Session. With the Council's support, the committee has since implemented several of its recommendations and continued to study several salient issues, including the use of Segways and surreys along the Oceanfront. The committee has met to further discuss and address these outstanding issues and has final recommendations for the Council to consider. This report provides an update on the status of the short- and long -term recommendations the committee presented at the April 28, 2009 Study Session and the progress made in addressing issues along the Oceanfront Boardwalk. Should the City Council concur with all or any of the recommendations, the next step would be for the Council to direct staff to review section 12.54 of the Newport Beach Municipal Code and amend the ordinance to reflect any necessary changes. Increased Awareness and Enforcement Events The Police Department hosted a series of "saturation patrol" events to raise awareness of, and enforce, the regulations pertaining to the Oceanfront Boardwalk. The first event was held on May 23, 2009 and six subsequent events were held through the summer and fall. The latest event was held February 18 and there are plans for at least five additional events this year. Police Officers worked in two - person teams along the Oceanfront from 36th Street to E Street to watch for unsafe operation and prohibited vehicles. Police Department volunteers complemented these enforcement efforts by distributing educational information. While the first Oceanfront Safety Steering Committee Status Report March 23, 2010 Page 2 event was designed to increase awareness, the remaining events emphasized enforcement. Feedback from committee members and other citizens has been almost universally positive, to the effect that the events have produced noticeable improvement. Bike Team In addition to scheduled enforcement events, the Police Department Bicycle Team has increased everyday enforcement and contacts along the Oceanfront Boardwalk. They have also worked closely with bicycle rental companies and other merchants to ensure education and compliance with the ordinances that regulate the Oceanfront. Speed Monitoring Devices The Police Department purchased and utilized inexpensive, dolly- mounted portable radar speed monitoring devices. Though they do not have sufficient accuracy for use in support of issuing citations for excessive speed, they have been very useful in educating the community and emphasizing voluntary compliance with the 8 mph speed limit, particularly among bicyclists. The speed trailers have been regularly deployed throughout the year and continue to educate and inform both residents and non - residents of the safe speed on the Oceanfront Boardwalk. Equipment/ Vehicles Allowed on Boardwalk The committee continued to review the uses allowed under the existing ordinance and non - permitted uses observed (such as electric bicycles and skateboards) on the Oceanfront Boardwalk. Surreys Though not permitted, rented surreys were often spotted along the Oceanfront Boardwalk. The surreys, particularly the larger surreys, often block the sidewalk. Some drivers were reckless and there were reports of damage to private property and injuries related to surrey — bicycle collisions. The committee agreed that the ban on surreys should be upheld and better enforced. During the past year, the Police Department has communicated with local business owners to remind them of the ban, ensuring that they inform customers that the department would be enforcing the ban more diligently. Both the committee members and the Police Department have reported a substantial decline in the use of surreys on the Oceanfront Boardwalk since the community outreach and enforcement efforts were initiated. Skateboards, Inline Skates, Roller Skates, Scooters, etc. Under the current ordinance, skateboards are not allowed on the Oceanfront Boardwalk. The majority of the committee agreed that this ban should be upheld. In general, the committee members felt that inline skates, roller skates and scooters /razors should be allowed. The committee members feel that the use of skateboards has clearly diminished although, diligent enforcement of this ban needs to continue to reduce the problem to the lowest possible level. While statistical data is difficult to capture, general observation and discussions with residents seem to indicate a noticeable reduction in the number of skateboarders utilizing the Oceanfront Boardwalk. Oceanfront Safety Steering Committee Status Report March 23, 2010 Page 3 Bicycles The committee agreed that bicyclists should continue to be allowed on the Oceanfront Boardwalk as long as cyclists obey the 8 mph speed limit and follow all posted signs, notify pedestrians as they approach, etc. The committee members feel that the improved signage, community outreach, the use of radar dollies, and the increased enforcement efforts have helped to reduce speeds along the Oceanfront. Segways Under the current ordinance, Segways are a permitted use along the Oceanfront Boardwalk. The devices are defined as "Personal Assistance Devices" by the California Vehicle Code and users are considered pedestrians under state law. However, local municipalities can regulate their use. When it made its initial set of recommendations last year, the committee deferred making a decision on Segways to allow for further review and additional public input. The committee's numerous subsequent discussions regarding Segways focused on two main issues. First, the size of the devices can be intimidating to pedestrians, especially if there are several in a tour group. Second, Segways are the only motorized devices currently allowed on the Oceanfront Boardwalk. The committee believes this creates confusion and potentially encourages the use of other types of motorized vehicles. Committee members gathered input from the local Segway operator and area residents. The local operator conducts one tour on the Oceanfront and has taken steps to conduct the tours in a less- invasive manner. Despite those efforts, committee members continued to hear complaints and concerns from area residents. After much consideration, the committee is recommending a ban of Segways on the Oceanfront Boardwalk and on Belvue Lane, while continuing to allow their use elsewhere in the city. This change will establish a uniform standard for the Oceanfront. Aside from the one local tour operator, there are only a handful of privately owned Segways in the area of the boardwalk, so the impact in general on residents should be minimal. The concept of regulating tour operators by requiring a permit was also discussed. This would have the benefit of assuring that tours would be conducted in a uniform and safe manner through the adoption of standards for safe practices. While the Newport Beach -based tour operator is already using safe standards and practices, there are operators based in other cities that come to Newport Beach in very large and intimidating groups. The imposition of a permit requirement would provide a basis for the Police Department to address this problem. The manufacturer of the Segway has already produced a summary of safe practices that the committee believes could be easily incorporated into an ordinance and permit process to achieve this goal without a great deal of burden on City staff. Therefore, the committee recommends that the ordinance be crafted to add the permit requirement for tour operators. The permit requirement would not apply to individual owners of Segways. Other Motorized Devices Residents have witnessed an increase in the number of motorized bikes (both electric and piston driven), as well as motorized skateboards and scooters using the Oceanfront Boardwalk. These uses are not allowed on the boardwalk and the committee agreed that they should continue to be banned, with strict enforcement. The Police Department continues to create relationships with local bike shops and rental establishments to remind the owners and staff members of the Oceanfront Boardwalk regulations. Oceanfront Safety Steering Committee Status Report March 23, 2010 Page 4 McFadden Walk Zone Although the McFadden Plaza is posted as a "Walk Zone ", committee members note bicyclists and inline skaters continue riding /skating through the zone. A review of the Plaza confirmed there is signage posted at all approaches that designates that area as a Walk Zone. Additional signs or relocation of existing signs along with new pavement markings at the entrance points to the Plaza may be pursued to make the Walk Zone more apparent. Additionally, consideration should be given to defining McFadden Plaza as a Walk Zone within the Newport Beach Municipal Code, allowing for enforcement if necessary. Signage & Striping Improvements Signage The colorful new signage was installed in September 2009. The committee believes it has helped to positively convey information about what uses are allowed and what behavior is expected on the Oceanfront Walk. New speed limit and prohibition signs will be ordered and installed once staff receives final direction on allowed uses. As stated in the previous staff report, a traditional prohibition sign that quotes the Municipal Code is required in order to properly enforce regulations. Examples of the remaining recommended signs are attached to this report. Striping A "striping demonstration" project, incorporating the committee's recommendations for enhanced striping, was installed along the Oceanfront between 8m Street and 9'h Street. The demonstration project placed a solid white caution line at the street end sidewalks abutting the Oceanfront Boardwalk and replaced the dashed, yellow centerline with a continuous single yellow line. The committee determined that the minimal impact of the striping changes did not justify the inconvenience and cost of the installation and maintenance. Costs $20,000 was budgeted for implementation of the Oceanfront Safety recommendations. Expenses to date include: Installed Signs — Fabrication /Installation $3,339.00 Painting - Demonstration Striping $ 217.60 The estimated cost for completing the new signage (speed limit /prohibition) signage: Proposed Signs - Fabric / Installation $6,000.00 Oceanfront Safety Steering Committee Status Report March 23, 2010 Page 5 Ordinance Changes Should the Council concur with the committee's recommendations to ban and regulate Segway use as recommended above, the City Attorney's Office will need direction to update the current ordinance to reflect this and any other changes suggested by the Council. Submi ed by: A /752 Tara Finnigan Public Information Manager ALL USERS SPEED LIMIT 8 MPH • UNSAFE OPERATION • SMOKING •SURREYS • SKATEBOARDING • MOTORIZED VEHICLES CNB MC# 12. 54. 1011 PROPOSED OCEAN FRONT SIGNS Newport Beach Municipal Code Chapter 12.54 OCEANFRONT BOARDWALK SAFETY PROGRAM Sections: 12.54.010 Purpose and Intent. 12.54.020 Definitions. 12.54.025 Motorized Scooters. 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 chapter 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, rollerskaters and others are the result of extensive analysis by the Oceanfront Boardwalk Citizens Advisory Committee, City staff and a professional traffic consultant. The City Council has determined that the provisions of this chapter represent all of the reasonable measures that can be implemented to protect users from the risk of injury. The City Council has made this determination 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 implementing measures that would protect against the risk of such injury. (Ord. 2001 -16 § 1, 2001: Ord. 2001 -7 (part), 2001: Ord. 91 -53 § 2 (part), 1991) 12.54.020 Definitions. As used in this chapter, the following terms and words shall have the following meanings: "Bicyclist" means any person operating any device propelled by human power through a belt, chain or gears and having one or more wheels. "Boardwalk" or "Oceanfront Boardwalk" means the concrete walkway approximately twelve (12) to twenty -two (22) feet in width immediately adjacent to the sandy ocean beach (except where the beach has been improved with parking lots, parks or school playgrounds) and that runs from 36th Street to a point east of E Street. The boardwalk is designated as West Ocean Front and East Ocean front on the official City atlas. "Pass" means to travel to the left of the centerline of the boardwalk. "Pedestrian" means any person on foot. "Rollerskater" means any person wearing rollerskates as defined in Section 12.57.010(B) of this Code, rollerblades or any similar device. (Ord. 2001 -16 § 2, 2001: Ord. 2001 -10 § 1, 2001: Ord. 91 -53 § 2 (part), 1991) 12.54.025 Motorized Scooters. No person(s) shall operate or ride a motorized scooter upon the boardwalk. (Ord. 2001 -7 § 2 (part), 2001) 12.54.030 Speed Limit. No bicyclist, rollerskater or pedestrian shall exceed eight miles per hour while on the boardwalk. (Ord. 2001 -16 § 3, 2001: Ord. 2001 -10 § 2, 2001: Ord. 2001 -7 § 2 (part), 2001: Ord. 91 -53 § 2 (part), 1991) 12.54.040 Unsafe Operation. No bicyclist, rollerskater or pedestrian shall engage in any activity on the boardwalk that creates an unreasonable risk of injury to any person. (Ord. 2001 -16 § 4, 2001: Ord. 2001 -10 § 3, 2001: Ord. 2001 -7 § 2 (part), 2001: Ord. 91 -53 § 2 (part), 1991) 12.54.050 Direction of Flow /Rules of the Road. A. All bicyclists, rollerskaters 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. (Ord. 2001 -16 § 5, 2001: Ord. 2001 -10 § 4, 2001: Ord. 2001 -7 § 2 (part), 2001: Ord. 91 -53 § 2 (part), 1991) 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 and /or rollerskaters such as localized speed limits less than eight miles per hour. B. No person shall fail to comply with signs posted pursuant to subsection (A) that establish special restrictions on bicyclists, pedestrians and /or rollerskaters using the boardwalk. (Ord. 2001 -16 § 6, 2001: Ord. 2001 -10 § 5, 2001: Ord. 2001 -7 § 2 (part), 2001: Ord. 91 -53 § 2 (part), 1991) 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 exceed 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. (Ord. 2001 -16 § 7, 2001: Ord. 2001 -7 § 2 (part), 2001: Ord. 91 -53 § 2 (part), 1991) "RECEIVEDgyGENOA PRINTED:" — Stanley. Shana From: Finnigan, Tara Sent: Thursday, March 18, 2010 4:19 PM To: City Clerk's Office Subject: FW: Oceanfront boardwalk safety recommendations Importance: High Here is an e-mail that pertains to the Oceanfront Safety item on the Study Session agenda. Can you please share it with the Council? From: Denys Oberman [ mailbo: d .obemnan@obermanassociates.com] Sent: Thursday, March 18, 2010 4:14 PM To: Finnigan, Tara Cc: Laura Keane; Rod Sudbeck Subject: Oceanfront boardwalk safety recommendations Importtance: High I received a copy of the Staff Report reviewing the use of motorized vehicles, and recommending their prohibition in codes, with related code enforcement I support this analysis and recommendation. There is already considerable difficulty in maintaining safety associated with non motorized vehicles. The Staff Report also recommends signage, and proposes a budget regarding same. I have noted that the beach and oceanfront boardwalkladjacent sidewalk signage is unclear with regard to a number of items of concern,in addition to vehicles — In particular, Smoking and Littering. While the City has clear codes regarding these items, for some reason city enforcement personnel (PD) does not have a common understanding of municipal codes,or enforcement policy.) have received clarification concerning codes addressing Smoking, and these codes are very dear. We request that any new signage be reviewed to dearly addresses all of these public health and safety issues —AND, that those city personnel responsible for enforcement of these codes be directed to do so with rigor. Please do not hesitate to contact me with any questions, or should you desire additional Information. Thank you for bringing this to the attention of the City Council. Regards, Denys H. Oberman - Oceanfront resident, Newport Beach CEO OBERMAN caftrAft OBERMAN Strategic Consuking & Transactions 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: d.obermanftbermanassociales.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in eror, please notify us immediately at 949!476 -0790 or the electronic address above, to arrange for the return of the document(s) to us. "RECEIV D AFTER AGENDA PRINTED :" r-2;3 3-23'L Brown, Le[[ani From: Finnigan, Tara Sent: Tuesday, March 23, 2010 9:37 AM To: City Clerk's Office Subject: FW: Boardwalk Safety -For public record and distribution at study session Importance: High Another item to include in the record for tonight's Oceanfront Safety report. Thanks! From: Denys Oberman [ maitto: d .oberman@obemianassociates.comJ Sent: Tuesday, Mardi 23, 2010 7:36 AM To: Finnigan, Tara Cc: Henn, Michael; eceanfront@yahao.com; Laura Keane; Rod Sudbeck Subject: Boardwalk Safety -For public record and distribution at study session Importance: High Tara - It appears that my work schedule will make it impossible for me to attend the Study Session later today regarding Boardwalk Safety. Please submit this correspondence into public record, and make available for participants. The boardwalk has become increasingly hazardous to those using it for pedestrian and intended purposes(bike,etc.) Motorized vehicles such as Segways are unnecessary and create a significant safety hazard,as well as nuisance, which also represents an unnecessary risk to the City. These vehicles are not necessary for ANYONE to enjoy the beach. We submit the following recommendations: 1-City to prohibit ALL motorized vehicles at ALL limes(except for those individuals who are wheelchair bound) and including skateboards.ff City is insistent on allowing tours, they should not travel along walkways such as the boardwalk and adjoining sidewalks. 2 -ALL moving vehicles subject to speed limit 3- Establish clear ordinances that include ability to cite and fine(this recommendation should be applicable to all nuisances) 4- Direction to city staff to Enforce,including citations. This is the most cost-effective way to establish broad understanding and compliance. Recommendation 94 ,including c'dation,should be applied to all nuisances which create health and safety hazards for the public :examples- - Motorized vehicles on walkways, and speeding with all vehicles - Smoking - Littering and Biohazards 5. Staff recommendations a budget for Signage. We again recommend that boardwalk/beach signage Include clarhfication/update of the City's Smoking and other public health and safety issue. City can also develop a media release (as it does with many other issues) to constructively advise broad public. It has been proven that reliance on 'hairsplitting' in enforcement is overly burdensome to the City, as well as those citizens who the City compels to report nuisances to justify enforcement. These recommendations will contribute significantly to restoring the safe,healthful, and attractive environment for the residents and visitors who come to Newport Beach to enjoy a Wonderful beach lifestyle or vacation experience. Please do not hesitate to contact me with any other questions.Thank you. Regards, Denys ERIVIAIV� Beach resident committed to SOLUTIONS FOR COMMUNITY INTEGRITY. Straay c Coroulting 6 Tranimcdom OBERMAN Strategic Consulting & Transactions 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: d.oberman tbermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telampied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491 476.0790 or the electronic address above, to arrange for the return of the document(s) to us_ Washington, Lillian From: Finnigan, Tara Sent: Monday, March 22, 2010 10:18 AM To: City Clerk's Office Cc: Henn, Michael Subject: FW: Proposed Segway Ban For the Council... From: David Sie [mailto:dsie@ al.rr.com] Sent: Sunday, March 21, 2010 2:08 PM To: Finnigan, Tara Subject: Proposed Segway Ban Please don't ban personal Segway use on the Boardwalk. I grew up in Newport Beach, and have fond memories of living on the Peninsula, managing one of the arcades,... of everything but the parking. By using a Segway, I can easily find parking and ride to the Island and take the ferry to the Peninsula, and casually glide to the Newport Pier for dinner via the Boardwalk. I'll leave the crazy summer parking issues to the tourists. I have enjoyed many lazy glides between the Piers, and I hope to continue doing so. A ban of Segways on the boardwalk will make that difficult. In your status report you state that'a series of 'saturation patrol' events to raise awareness'... have been held through the summer, and complaints continue re segways. I'm curious if this is for Segways in general, the tour, unsafe operation, misunderstanding of the status of Segways being classified as 'pedestrian' (per SB1918)? As for the banning of Segways because they are intimidating is simply the easy way of avoiding the problem. Segways have been proven to be very safe and creating legislation to address fear and ignorance is a step backwards for common sensel Every time I hear the sentiments for banning something out or ignorance, I'm reminded of another ridiculous law when the public was presented with another emerging technology. Pennsylvania law states: "Any motorist who sights a team of horses coming toward him must pull well off the road, cover his car with a blanket or canvas that blends with the countryside, and let the horses pass. if the horses appear skittish, the motorist must take his car apart, piece by piece, and hide it under the nearest bushes." Please reconsider the ban on the boardwalk. Regards, David Sie Former Newport resident and frequent visitor. PS: Some insight from the inventor.... http:/ /www.ted.com/talks/lane/enL,/dean kamen on inventive and eivine.html CENTRAL NEWPORT BEACH COMMUNITY ASSOCIATION P.O. Box 884, Newport Beach, CA 92661 March 19, 2010 Hon. Keith Curry, Mayor Members of the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Agenda Item SS3, March 23, 2010 — Ocean Front Walk Dear Mayor Curry and Members of the City Council: The Central Newport Beach Community Association represents property owners and residents between the two piers. This area encompasses the majority of the Ocean Front Walk with residents and visitors being impacted by activities along this sidewalk. CNBCA has a long standing policy, adopted by its members, of opposing motorized vehicles on the Ocean Front Walk. In 2007 this policy was amended to include opposition to the use of Electric Personal Mobility Assistive Devices ( Segways) on the Walk. The policy was reaffirmed at the 2009 annual meeting. The CNBCA supports the proposed ban of Segways on the Ocean Front Walk. CNBCA continues to support the ban on surreys, motorized modes of transportation and skateboards on the Ocean Front Walk. If you have any questions regarding this CNBCA position, I can be contacted at 949 -673- 5981 or at pier2pier@.yahoo.com. Thank you for your consideration. Very truly yours, Louise Fundenberg, President CNBCA cc: City Clerk Oceanfront Safety Steering Committee Recommendations March 23, 2010 History December 2008 Community Meeting Top three issues raised: Excessive speeding Motorized conveyances Enforcement Steering Committee Dorothy Beek, Oceanfront resident Dale Head, local business owner Laura Keane, Central Newport Beach Community Association Bill Mais, Oceanfront resident Joe Reiss, Peninsula resident Danny Sullivan, Peninsula resident Mayor pro tem Mike Henn, committee chair F.-I ��� History April 2009 - Preliminary recommendations presented to City Council Implemented some of recommendations - signage, tested striping Committee continued to study several key issues Enforcement efforts Saturation Patrol Events Six events held (May 2009 - February 2010) Five more events planned for 2010 Increased Bike Team Presence Monitoring Speeds and Unpermitted Uses Review of Existing Striping Demonstration SLOW DOWN Proposed Signage • UNSAFE OPERATIONI • SMOKING *SURREYS • SKATEBOARDING • MOTORIZED VEHICLES CNB MC# 12. 54. 10 / 11.08.080 ALL USERS SPEED LIMIT MPH Recommendations No changes to 8 mph speed limit Continue to allow bikes, inline & roller skates, razors / scooters Continue to ban surreys, skateboards, motorized devices Ban Segways on Oceanfront Boardwalk and Belvue Lane Require permits for Segway tour operators