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Home My WebLink About03 - Vehicle Usage on Piers and PlazasCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 January 28, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949 - 644 -3311 Id alto n @city. newport- beach. ca. us SUBJECT: Modification of Provisions of Chapter 17.28 of Title 17 of the Newport Beach Municipal Code Relating to Vehicle Usage on Piers and Plazas RECOMMENDATION: Introduce Ordinance No. 2003- amending Chapter 17.28 of Title 17 of the Newport Beach Municipal Code and pass to second reading on February 11, 2003. DISCUSSION: The Engineering Division of the Public Works Department requests the City implement new, stricter rules with respect to the use of the Balboa and Newport piers by large, heavily loaded vehicles. Such rules are needed to reduce wear and tear on the newly replaced concrete decks and to make the piers safer for pedestrians. Under the proposed amendment to Section 17.28.045 of the Municipal Code, vehicles servicing concessions on the piers would be limited to gross vehicle weights (gvw) of 6,000 pounds or less. Currently, Section 17.28.045 permits vehicle loads up to a maximum of 10,000 pounds, and governs only the Newport Pier. No provision in the Code currently restricts vehicle loads on the Balboa Pier. Moreover, Staff has seen trucks servicing pier restaurants carrying loads far in excess of the current limit. In one case, a 26,000 -pound Brink's Truck was seen traveling down on a pier. Such heavy loads can seriously damage concrete pier decks by causing cracks. Cracks in concrete decks subject the reinforcing steel to corrosion in a hostile ocean environment. In 2001, the City undertook a $3.3 million pier restoration project in which the concrete decks on the Newport and Balboa Piers were replaced with heavier concrete and the piers were structurally reinforced. The project required the piers to be closed to the public for at least two months. The deck replacement work was necessary to correct damage caused by large vehicle loads being transported on the piers over the past 20 years. The byproduct of limiting gross vehicle weight upon the piers will be longer deck life and reduced deck replacement costs. It is clearly not in the public interest to allow heavy trucks to service the pier concessions every day. SUBJECT: Modification of Provisions of Chapter 17.28 of Title 17 of the Newport Beach Municipal Code Relating to Vehicle Usage on Piers and Plazas January 28, 2003 Page 2 Another major consideration behind restricting vehicle loads on the piers is pedestrian safety. Mixing large delivery trucks with pedestrians (e.g., fishermen, tourists, the elderly, those in wheelchairs, and with strollers, etc.) is simply not desirable or prudent. Food and supplies may be delivered to pier restaurants from the base of each pier in vehicles of a reasonable weight (6,000 pound -gvw or less) without the risk to pedestrian safety posed by larger trucks. Staff is also proposing to delete two other sections of the Municipal Code — Sections 17.28.040 and 17.28.050 — as no longer necessary. Section 17.28.040 allowed vehicles to use the piers to ".... discharge or load supplies or passengers to or from a vessel...." This provision is not necessary as such activities are not permitted off the City's two ocean piers, and Newport Harbor does not have any public piers large enough to permit vehicle access. The Harbor Resources Division was consulted about the proposed changes and reported no objections. With respect to Section 17.28.050, this provision allowed any person with a license from the City to conduct a business on a public pier to park a vehicle on the pier if he or she obtained written permission to do so from the City Manager, or if such parking is provided for in a written contract with the City. Under the changes proposed herein, the first portion of this section (allowing the City Manager to approve parking on the pier) would be incorporated under Section 17.28.045, Subsection C.2. The second section (allowing such parking if permitted by written contract) would be deleted as unnecessary. The City Attorney has reviewed the proposed changes and concurs with these changes. Environmental Review: The Ordinance Amendment is a regulation related to City piers. Environmental review is not applicable because the amendment is not a project under California's Environmental Quality Act. Public Notice: On November 25, 2002, a letter was sent to each pier concessionaire (copies attached) informing him or her of the proposed ordinance. As of January 15, 2003, no comments have been received from either concessionaire. However, staff will continue working with the concessionaires and will update City Council if they have concerns. Prepared by: M %F7-, . Dalton, PE �- Engineer Attachments: Proposed ordinance Letters to concessionaires Submitted by: Steve dum, PE Public Works Director ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.28.045 AND DELETING SECTIONS 17.28.040 AND 17.28.050 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO VEHICLE USAGE ON PIERS AND PLAZAS WHEREAS, the City of Newport Beach ( "City") owns and maintains two ocean piers, known as Balboa Pier and Newport Pier and each pier has a public plaza located at its base that serves as a gathering place for the public: Balboa Pier has Balboa Plaza and Newport Pier has McFadden Plaza; WHEREAS, the City desires to preserve and protect its ocean piers and plazas, which are economic, social, and cultural resources for the City and its residents; WHEREAS, excessive size and weight vehicles servicing pier concessions cause structural damage and pose a risk to pedestrian safety on the City's piers and plazas; WHEREAS, each year, the City must spend public funds to repair structural damage and to maintain Balboa Pier and Newport Pier and their respective plazas; WHEREAS, it is not in the public interest to permit vehicles of excessive size and weight to routinely use Balboa Pier and Newport Pier and their respective plazas; and WHEREAS, use of such vehicles must be prohibited in order to preserve the integrity and life of the City's piers and plazas and to protect the public safety. NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Section 17.28.040 of Chapter 17 is hereby deleted. SECTION 2: Section 17.28.045 of Chapter 17 is amended to read as follows: Section 17.28.045 Vehicle Restrictions on Public Piers and Plazas. A. Prohibition: Subject to the exceptions set forth in Subsection C, no person shall, at any time, drive, operate, park or leave standing any motor vehicle on any public pier, including the Newport Pier, McFadden Plaza, Balboa Pier, or Balboa Plaza. B. Light -Duty Commercial Vehicle Defined. For the purpose of this Section, "light -duty commercial vehicle" shall mean any vehicle that does not exceed six thousand (6,000) pounds gross vehicle weight. C. Exceptions. The prohibition set forth in Subsection (A) shall not apply to the following: 1. Light -duty commercial vehicles necessary to discharge or load supplies to the concessions and restaurants on the piers between the hours of six a.m. and eleven a.m. 2. Any vehicles displaying a permit issued by the City Manager or the Public Works Department. SECTION 3: Section 17.28.050 of Chapter 17 is hereby deleted SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 28th day of January 2003, and adopted on the day of 2003, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:\ USERS \PBMShared\COUNCIL \FY02 -03Uan -28 \Pier Weight Ordinance Folder\Proposed Pier Weight Ordinance - clean.doc E CITY OF NEWPORT BEACH November 25, 2002 Olive Park Newport Beach Fish Company dba Newport Pier Seafood & Bar #1 Newport Beach Pier Newport Beach, CA, 92663 Olive Park 116 South Western Avenue Los Angeles, CA, 90004 RE: NOTICE OF PROPOSED PROVISIONS TO CHAPTER 17.28 OF THE NEWPORT BEACH MUNICIPAL CODE —PIERS Dear This letter is intended to provide you with a courtesy notice of the City's intention to adopt new, stricter rules with respect to the use of the Balboa and Newport Piers by heavy- weight vehicles. Both piers have recently been restored at a cost of $2.6 million. The Public Works' staff is concerned that heavy service vehicles on the piers will hasten damage to the concrete pier decks. Please see the attached draft staff report and proposed ordinance amendment that would restrict the weight of vehicles to a gross vehicle weight of 6,000 pounds or less. The report explains the reasons for the proposed restriction. We recognize there may be some time period for your restaurant operations to adjust to the limitation. We are interested in your comments and thoughts on how the. City can accommodate your need to service the concessions on the piers while at the same time protecting the public and the pier. Please contact me to discuss any concerns you may have within the next two weeks. It is our intent to take these changes to the City Council at its meeting of December 17, 2002. Sincerely, Dav iff, Assistant City Manager DK:da Attachments cc: Robin L. Clauson, Assistant City Attorney (w /Attach) ':.`Lloyd Dalton;. Publir;WOrKs t (W.A chZ,;� Dana Dorsett, Esq., Law Vices of Dana Moon, 3435 Wilshire Blvd, Suite 2330, LA, CA, 90010 (w /Attach) City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884 www.city.newport-beach.ca.us CITY OF NEWPORT BEACH November 25, 2002 Mr. Doug Cavanaugh Ruby's Diner, Inc. 110 Newport Center Drive Suite 110 Newport Beach, CA, 92660 RE: NOTICE OF PROPOSED PROVISIONS TO CHAPTER 17.28 OF THE NEWPORT BEACH MUNICIPAL CODE —PIERS Dear Mr. gh: This lette intended to provide you with a courtesy notice of the City's intention to adopt new, stricter rules with respect to the use of the Balboa and Newport Piers by heavy-weight vehicles. Both piers have recently been restored at a cost of $2.6 million. The Public Works' staff is concerned that heavy service vehicles on the piers will hasten damage to the concrete pier decks. Please see the attached draft staff report and proposed ordinance amendment that would restrict the weight of vehicles to a gross vehicle weight of 6,000 pounds or less. The report explains the reasons for the proposed restriction. We recognize there may be some time period for your restaurant operations to adjust to the limitation. We are interested in your comments and thoughts on how the City can accommodate your need to service the concessions on the piers while at the same time protecting the public and the pier. Please contact me to discuss any concerns you may have within the next two weeks. It is our intent to take these changes to the City Council at its meeting of December 17, 2002. Sincerely, Dave Kiff, Assistant City Manager DK:da Attachments cc: Robin L_Clauson, Assistant.City Attomey_(w /Attach) Ll oyd Dalton,. Public Works Dept. (w /(Attach) 1` City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884 www.city.newport-bear-h.ca.us