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`