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HomeMy WebLinkAboutSS5 - Ocean Front Boardwalk Safety DiscussionQ �EwPpRr CITY OF O rt z NEWPORT BEACH <,FoP City Council Staff Report June 28, 2016 Agenda Item No. SS5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager - 949-644-3001, dkiff@newportbeachca.gov PREPARED BY: Tara Finnigan, Assistant to the City Manager, tfinnigan@newportbeachca.gov PHONE: 949-644-3035 TITLE: Ocean Front Boardwalk Safety Discussion DISCUSSION: Ocean Front, commonly referred to as the "Oceanfront Walk" or "the boardwalk," spans nearly three miles from E Street to 36th Street on the Balboa Peninsula. (A map is included as Attachment A.) It is a popular location for walking, jogging, cycling, rollerblading and enjoying other recreational activities such as watching the sunset. Many citizens, particularly school children and junior lifeguards, see the boardwalk as a preferred transportation route for traveling by bicycle or on foot along the Peninsula. And, the majority of West Newport beachgoers must cross the boardwalk at one of the street ends running perpendicular to it in order to reach the sand. Community members have often expressed concern that these many and varied uses compete for the boardwalk's limited space, creating conflicts and safety issues. History For at least the past 25 years, the City of Newport Beach (City) has endeavored to moderate boardwalk uses through additions and subsequent changes to the Newport Beach Municipal Code (NBMC) and through education and enforcement of the applicable code sections. 1991 and 2001 The Newport Beach City Council adopted the Oceanfront Boardwalk Safety Program, found in NBMC Chapter 12.54, in 1991. The chapter, among other things, sets a speed limit for the boardwalk at 8 mph, defines unsafe operations, and explains what types of ,'vehicles" are permitted / not permitted on the Oceanfront Boardwalk. The chapter was amended in 2001, after an analysis of boardwalk safety issues by a citizens' advisory SS5-1 Ocean Front Boardwalk Safety Discussion June 28, 2016 Page 2 committee, City staff and a traffic consultant. A copy of NBMC Chapter 12.54 is included as Attachment B. RIIII.61R N to] In late 2008, in response to renewed citizen complaints about boardwalk uses and safety, the City held a community meeting to listen to the residents' concerns. The main issues raised during the meeting were speeding bicyclists, the proliferation of motorized conveyances on the boardwalk, and a perceived lack of enforcement. Attendees also suggested making structural changes to the boardwalk, enhancing signage and striping, and improving community education and outreach. The City subsequently formed the Oceanfront Safety Steering Committee (committee) comprised of Peninsula residents, a local business owner, a City Council member and City staff members to address the list of issues and ideas. Between January 2009 and March 2010, the committee researched and developed a list of recommendations related to boardwalk safety improvements for the Council's consideration. The committee focused the majority of its time and attention on developing recommendations related to boardwalk uses, enforcement and signage and striping — items that could be implemented in the short-term. The committee did discuss a variety of long-term, structural solutions for improving the boardwalk, including options to widen the boardwalk or build a separate, parallel bike lane, but generally did not support recommending any of the options to the City Council at that time. Ultimately, the Council agreed with the committee's recommendations to continue to ban the use of skateboards, motorized devices and surrey cycles on the boardwalk. It also supported maintaining the 8 mph speed limit, increasing awareness and enforcement of the City's boardwalk regulations, and improving signage and striping along the boardwalk. The City Council did not support a recommendation to ban the use of Segways (a type of electric personal assistive mobility device, or EPAMD) on the boardwalk. However, the City Council was generally supportive of the City pursuing a method for permitting or regulating the Segway tours that utilize the boardwalk. 2016 - Current Issues and Reaulations Despite the City's and community's efforts, citizens continue to voice their concerns about the safety of some of the uses of, and behaviors on, the boardwalk. Mayor Dixon and City staff also had the opportunity to hear directly from residents on this issue at a Town Hall meeting in March of this year. Current concerns about the boardwalk include, but are not limited to: The presence of Segways and Segway tour groups The operation of surrey cycles The proliferation of motorized and electric devices Bicyclists and other users exceeding the 8 mph speed limit SS5-2 Ocean Front Boardwalk Safety Discussion June 28, 2016 Page 3 In addition, some residents have expressed interest in having the boardwalk extended north to the Santa Ana River jetty and/or south to the Wedge. Others would like the City to make changes to the oceanfront parking lot at the base of the Newport Pier to improve access around or through the parking lot for bicyclists and pedestrians. It has also been suggested that the City consider moving the end of the boardwalk from E Street to G Street to allow for a smoother transition from the boardwalk to Ocean Drive. A discussion of these issues and suggestions follows. Segways and Segway Tour Groups Segway use, by individuals and tour groups, is among the most debated boardwalk uses. Residents complain that the size and speed of the devices are not a good fit for the boardwalk and find their presence intimidating. Segway tour groups, often comprised of six to eight people, amplify those concerns. The City has also received complaints about Segway tours operating on City sidewalks, particularly Belvue Lane. The concerns are also related to the size and speed of the devices. After the Council's 2010 review of boardwalk safety, City staff and a Council member met with local Segway representatives to work through the issues raised by the Oceanfront Safety Steering Committee and jointly developed a list of safety, training and operating procedures related to Segway tour routes, hours, size and practices. The procedures were meant to alleviate most of the community's concerns and the list was shared with the other local, Segway tour operator. When the procedures are followed, complaints about the tours decrease. When, however, the procedures are overlooked due to tour operator staffing changes or communication issues, the complaints can increase. Thus, there is a need to periodically remind the tour operators about the procedures. The City has not yet adopted regulations specifically applicable to Segways only or a formal permitting program for regulating Segway tour groups and is not aware of a city that has such a program currently in place. As the City Council heard in 2010, there are a number of local Segway owners that enjoy using their devices on the boardwalk and feel they do so responsibly. And, the Segway tour operators have tried to mitigate some of the community's concerns by incorporating safety, training and operating standards. Despite these efforts, complaints persist and the City has been asked to consider banning or regulating Segways and Segway tours on the boardwalk. It's important to note the federal and state laws that govern a local government's ability to regulate the use the EPAMDs, including Segways. Segways are viewed as "Personal Assistance Devices" under the California Vehicle Code (CVC) and users are considered pedestrians under the law. The CVC states that the City may, for legitimate safety reasons, regulate the time, place and manner of the operation of Segways. This includes limiting their use, prohibiting their use entirely, or prohibiting their use in certain areas. However, the federal American with Disabilities Act (ADA) prohibits the City from enacting or enforcing any law that discriminates against any person with a disability in a place of public accommodation. Thus, the City must exempt disabled persons from a SS5-3 Ocean Front Boardwalk Safety Discussion June 28, 2016 Page 4 Segway use regulation except in very limited circumstances where the City determines that a Segway cannot be used in a particular public area in accordance with legitimate safety requirements adopted by the City for that specific public area. The City can also create regulatory distinctions between individual Segway use and group use as long as reasonable safety findings can be made to justify the disparate treatment of individuals and groups. A few cities prohibit the use of Segways, whether by an individual or tour group, in specific locations, where the use of Segways poses particular safety concerns. Two years ago, the City of Los Angeles adopted an ordinance prohibiting the use of Segways (and similar three -or -more -wheeled devices) on any boardwalk, sidewalk, bike path or other public way in Venice Beach. The prohibition did exempt the use of Segways by physically disabled persons and police officers. In adopting the ordinance, Los Angeles made specific findings about the Venice boardwalk. It noted that its boardwalk hosts 16 million people each year, is limited in size and space, and that Segway use on the boardwalk had resulted in significant injuries to one boardwalk pedestrian. Staff is seeking the Council's direction as to whether the City should pursue banning or regulating (via a permitting system) individual or group use of Segways on the boardwalk and certain other sidewalks in the city. Surrey Cycles NBMC 12.56.040 specifically prohibits the use of surrey cycles on the boardwalk, City piers and sidewalks. It also states that surrey cycle rental shops must inform, in writing, anyone who rents a surrey of these restrictions and must also post the restrictions in each surrey. City Code Enforcement officers visit the rental shops about once each year to check on their compliance with these conditions. Currently seven businesses rent surreys in the Peninsula area. A recent check found that five of the seven businesses were not in compliance with one of the conditions and one business was not in compliance with both conditions. Only one rental business had language in its rental contract, and a sign posted in each surrey, indicating surreys are not allowed on the boardwalk, sidewalks and piers. Therefore, it is not surprising that residents and Newport Beach Police Department (NBPD) officers report seeing surreys being used on the boardwalk somewhat frequently. Officers educate and warn surrey users about the prohibition and occasionally issue citations. Between July 11, 2015 and May 29, 2016, the NBPD issued 47 citations to individuals operating surreys on the boardwalk. The surreys have been long banned on the boardwalk primarily due to their size. Their width nearly takes up a full lane and they can be cumbersome to maneuver for some users. Staff supports maintaining the ban on surreys on the boardwalk, piers and sidewalks and NBPD staff also has concerns about the safety of surreys being operated on city streets. Peninsula -area surrey renters are often seen pedaling along Balboa Boulevard, a roadway already congested with motor vehicles during the summer months. SS5-4 Ocean Front Boardwalk Safety Discussion June 28, 2016 Page 5 Staff is seeking the Council's direction as to whether surreys should continue to be prohibited from operating on the boardwalk, piers and sidewalks, and if the City should pursue prohibiting the use of surreys on city streets. If this occurs, there is no other place to ride a surrey. Council could discuss a cost amortization period for rental companies who have purchased surreys, to allow the use to be abated over time while allowing vendors to recoup surrey costs. Motorized and Electric Devices The last significant updates to NBMC 12.54 occurred in 2001, but technology has continued to progress and the types of conveyances available to the public is constantly evolving. Per the NBMC, uses allowed on the boardwalk include: Pedestrians Bicycles Roller skating, rollerblading and scooters/razors (NBMC Chapter 12.57) Segways and other EPAMDs Also per the NBMC, uses not allowed on the boardwalk include: Skateboarding (Resolution 2012-15) Surrey cycles and pedicabs (NBMC 12.56.040) Motorized scooters (NBMC 12.54.025) The NBMC does not specifically define or address the use of newer technologies such as Segways, hover boards and electric bicycles. The CVC, however, is frequently updated and contains a more current and comprehensive list of definitions and regulations. A recent example is, effective January 1, 2016, the Legislature amended the CVC to define "electric bicycle" due, in part, to differentiate electric bicycles from motorized bicycles and mopeds. For any conveyances that the City Council would like to regulate, staff recommends updating the list of motorized and non -motorized conveyances defined in the NBMC to mirror the definitions found in the CVC as the CVC may be amended from time to time. This would provide NBPD personnel with a clearer understanding of how the various conveyances are defined and treated by the City and the State of California. To further enhance staff and the public's understanding of what uses are allowed and what uses are not allowed on the boardwalk, staff recommends updating NBMC 12.54 to include references to other chapters and sections of the NBMC (such as 12.56) that regulate uses on the boardwalk. Excessive Speeds The NBPD routinely strives to educate the community on bicycle and boardwalk safety and has distributed information and hosted events designed to increase awareness of the regulations related to the boardwalk, particularly the 8 MPH speed limit. Staff understands that some boardwalk users, however, periodically exceed the posted speed limit. SS5-5 Ocean Front Boardwalk Safety Discussion June 28, 2016 Page 6 In July 2015, the NBPD answered the community's request for more enforcement activities in West Newport by forming the Peninsula Enforcement Team (PET) comprised of three police officers and a sergeant. The NBPD committed the PET to spending four days each week, two shifts per day, patrolling the area on bicycles. Through a combination of education and enforcement efforts, the team is raising awareness of the boardwalk safety regulations and other laws. Please see Attachment C for a summary of the citations issued by the PET to date and boardwalk accident data compiled by the NBPD. Possible Infrastructure Changes As previously noted, there has been some interest over the years in modifying the length or width of the boardwalk to better accommodate the various user groups. The City's Bicycle Safety Master Plan, adopted by the City Council in 2014, contains four ideas for improving the boardwalk. These include: 1) widening the path to better accommodate pedestrians and cyclists during the summer months, 2) extending the easterly terminus of the boardwalk from E Street to G Street to facilitate a smoother transition to Ocean Avenue, 3) extending the westerly terminus of the path from 36th Street to the proposed Santa Ana River Trail extension and 4) extending the path either through or around the Ocean Front Parking Lot in the Newport Pier area to better separate cyclists and pedestrians from vehicular traffic. While some community members support one or more of these ideas, there has also been a fair amount of opposition to any changes to the boardwalk's infrastructure. While some believe widening the boardwalk would provide more room for bicycles, pedestrians and other uses to coexist peacefully, others argue that a wider boardwalk would simply spread the problems out and enable more users to exceed the 8 mph speed limit. Some like what others cities have done in developing separate paths for bicycles and pedestrians. Others argue against separate paths saying that a dedicated bike lane is akin to creating a bike raceway and they do not like the idea of adding more concrete to the beach. Staff understands that any change to the boardwalk infrastructure would require an extensive community outreach effort, combined with a comprehensive study of the alternatives, detailing the benefits, impacts, challenges and costs for the City Council's consideration. Additionally, the California Coastal Commission would be a primary review and permitting agency for any changes to the beach or Ocean Front Walk. The State Lands Commission would have a role, too, as much of this is considered Tidelands. Conclusion Staff hears and understands the community's concerns about boardwalk safety and supports updating the Newport Beach Municipal Code to facilitate better understanding of boardwalk regulations and their enforcement. In the short-term, staff is working on updating the signage along to the boardwalk to help increase the public's awareness of the regulations. SS5-6 Ocean Front Boardwalk Safety Discussion June 28, 2016 Page 7 Staff would like to hear the Council's thoughts and direction before committing staff time and resources toward efforts to potentially make changes to the allowed uses on the boardwalk or to the NBMC. Staff is also seeking direction as to the Council's interest in pursuing, first through studies and community outreach, any changes to the boardwalk's infrastructure. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Map of Ocean Front Attachment B — NBMC Chapter 12.54 Attachment C — NBPD Statistics SS5-7 ATTACHMENT A O 10 Ocean Front Boardwalk O ° TUR NI NIG &P�° B A S I N � DR --------- a01 J F • �� o c y 4 PACIFIC OC Atr Oceanfront Boardwalk (36th St - E St) 2.85 miles (15,070 feet) B A L B O A I S L A N D C H A N N E L LL, —4- Qw v PARK AVE z z 'Q EAST City of Newport Beach/GIS Division NEWPORT BEACH June 22, 2016 1� OceanFront Boardwalk.WD SS5-8 Chapter 12.54 OCEANFRONT BOARDWALK SAFETY PROGRAM Sections: ATTACHMENT B Chapter 12.:4 OCEANFRONT BOARDWALK SAFETY PROGRAM 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) 1 of 3 SS5-9 Chapter 12.54 OCEANFRONT BOARDWALK SAFETY PROGRAM 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 2 of 3 SS5-10 Chapter 12.54 OCEANFRONT" BOARDWALK SAFETY PROGRAM Newport Beach Municipal Code. (Ord. 2001-16 § 7, 2001: Ord. 2001-7 § 2 (part), 2001: Ord. 91-53 § 2 (part), 1991) The Newport Beach Municipal Code is current through Ordinance 2016-9, passed May 10, 2016. Disclaimer: The City Clerk's Office has the official version of the Newport Beach Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. 3 of 3 SS5-11 ATTACHMENT C Newport Beach Police Department Statistics Peninsula Enforcement Team July 11, 2015 — May 29, 2016 Citations Issued Violation 136 Skateboarding on the boardwalk 47 Operating a surrey on boardwalk 4 Excessive speed on the boardwalk Bicycle Collisions on Boardwalk Reported Year / Period Number / Type 2015 / Jan. — June) Four; bike vs. bike, bike vs. pedestrian, bike vs. vehicle (2) 2016/Jan.-June) Four; all solo bike collisions No accidents reported involving Segways, surreys, skateboards or motorized bicycles. SS5-12