HomeMy WebLinkAbout17 - Amending Chapter 12.54 of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety ProgramQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
September 22, 2020
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Brad Sommers, Principal Civil Engineer
bsommers@newportbeachca.gov
PHONE: 949-644-3326
TITLE: Ordinance No. 2020-24
Beach Municipal Code
Safety Program
ABSTRACT:
Amending Chapter 12.54 of the Newport
Pertaining to the Oceanfront Boardwalk
The Ocean Front or Oceanfront Boardwalk (Oceanfront) is a popular and scenic walkway
that spans approximately three miles along the beach from E Street to 36th Street on the
Newport Peninsula. The multi -modal boardwalk is primarily enjoyed by pedestrians and
cyclists, providing both a unique recreational opportunity and increased mobility for those
wishing to travel the peninsula without using their automobile.
The community has noted increased concerns of poor user behavior, which is primarily
related to speeding cyclists, skateboarders and others travelling on wheeled devices.
Recent popularity of electric motor -powered devices, such as electric bicycles and
scooters has increased concerns over motorized vehicles conflicts on the boardwalk.
This topic was last discussed at the February 11, 2020 City Council Study Session and
this report is a follow-up item to that discussion.
To encourage better behavior and appropriate use of the Oceanfront, staff recommends
revisions to Municipal Code Section 12.54 (Oceanfront Boardwalk Safety Program) to
include definitions related to new and emerging motorized conveyances, such as electric
bicycles, and increase fines related to Municipal Code violations related to the Oceanfront
regulations. Additionally, staff has implemented, and is planning further engineering
improvements with the goal of increasing user awareness of Oceanfront regulations and
calming speeds on the boardwalk.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
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Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach
Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program
September 22, 2020
Page 2
b) Waive full reading, read by title only, introduce Ordinance No. 2020-24, An Ordinance
of the City Council of the City of Newport Beach, California, Amending Chapter 12.54
of Title 12 of the Newport Beach Municipal Code Pertaining to the Oceanfront
Boardwalk Safety Program and pass to second reading on October 13, 2020; and
c) Provide staff with further direction regarding implementation of a prohibition of
motorized or other transportation devices, including electric bicycles, on the
Oceanfront Boardwalk.
FUNDING REQUIREMENTS:
There is no major fiscal impact related to adoption of the proposed ordinance. There could
be a minor increase in violation revenue due to the increased fine amount.
Deployment of new signs and speed calming devices discussed in this report require a
modest cost for procurement of materials and labor for installation. The current adopted
CIP budget includes sufficient funding for these items.
DISCUSSION:
Members of the community have noticed increased concern of poor user behavior, which
is primarily related to speeding cyclists, skateboarders and others traveling on wheeled
devices along the Oceanfront Boardwalk (Oceanfront). Recent popularity of electric
motor -powered transportation devices, such as electric bicycles and scooters, has
increased concerns over motorized devices on the boardwalk. This topic was last
discussed at the February 11, 2020 City Council Study Session.
Noting the Community's concerns, City Council requested staff review current regulations
and possible amendment to City of Newport Beach Municipal Code Chapter 12.54 to
address new and emerging motorized conveyances and potential for increasing fines
related to violations of Oceanfront regulations. Additionally, staff was asked to determine
if additional signs and speed calming devices could be deployed on the Oceanfront to
encourage proper use of the facility and/or decrease vehicle speeds.
Proposed Amendment to Chapter 12.54 of the Municipal Code
Upon review of City of Newport Beach Municipal Code Section 12.54 (Oceanfront
Boardwalk Safety Program), staff proposes an amendment to the language of the section
and increased fine for violation of Oceanfront regulations. If approved, the ordinance will
amend Municipal Code Chapter 12.54, incorporating the following changes:
1. Update definitions and language to include new and foreseeable motorized
transportation devices, including electric bicycles, to ensure regulations within the
section apply to these users of these conveyances and;
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Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach
Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program
September 22, 2020
Page 3
2. Increase the maximum fine related to violation of Oceanfront regulations from
$50.00 to $200.00 to further discourage poor user behavior. This increase applies
to violations of Sections 12.54.030 (Speed Limit), 12.54.050 (Direction of
Flow/Rules of the Road) and 12.54.060 (Special Restrictions).
Violations related to Section 12.54.040 (Unsafe Operation) will remain unchanged,
continuing to be a misdemeanor offense with a maximum fine of $500.
Violations related to Skateboards (Section 12.57.20) and Surrey Cabs (Section
12.56.040) will remain unchanged and be governed by Municipal Code Section 1.04.010.
Further Implementation of Regulatory and Speed Calming Devices
Public Works staff reviewed existing signage, as well as considered physical devices,
such as speed bumps, with the goal of encouraging proper user behavior and reducing
speeds on the Oceanfront. The following items have been completed or are planned:
1. Sign Review and Replacement - Completed: Developed in 2009 by the
Oceanfront Safety Steering Committee, the current sign program deployed over
100 signs with clear and unique messaging related to regulations and proper use
of the Oceanfront. Faded, damaged and missing signs have been replaced.
2. Radar Speed Feedback Signs - Completed: Although the Oceanfront has a
speed limit of 8 miles per hour, cyclists and other wheeled users often note they
are not able to judge their speed. In prior years, Public Works staff deployed
battery operated radar feedback signs along the Oceanfront, but residents noted
frustration with the signs and that speeding cyclists were "racing" to get the highest
possible reading. Working with manufacturer of the radar signs, staff was able
update the technology and sign displays to go "blank" at predetermined speeds,
which has deterred the observed bad behavior. The signs have now been
redeployed on the Oceanfront and will be moved to various locations along the
boardwalk to reinforce the speed limit.
3. Revised Regulatory Signs - Planned: Oceanfront rules and regulations are
relayed to users by several regulatory signs placed along the path using a standard
"text" format. Recently, staff has successfully deployed regulatory signs that utilize
common symbols, such as the "NO SMOKING" graphic instead of text. Symbols
tend to draw more attention and are commonly understood. To increase
awareness of Oceanfront regulations, staff is considering replacing the existing
Oceanfront text -style regulatory signs with the symbol -style signs.
4. Speed Calming/Awareness Devices - Pending: Staff research, including review
of design guidelines and discussions with local experts and other beach cities, has
determined that no "standard" devices exist to address cyclist speeding on multi-
use paths. Most established speed calming devices are intended to slow
automobiles and may not be appropriate or recommended for installation on
facilities with bicycles, pedestrians and small -wheeled traffic.
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Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach
Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program
September 22, 2020
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When considering devices to install on the Oceanfront to discourage speeding,
Public Works staff began with a review of speed bumps. During the review, it
became apparent the shape and size of the bump is critical to its effectiveness.
For instance, to successfully slow bicycles, the bump would have to have a short
length and tall profile, creating an "abrupt" bump. Unfortunately, this profile may
create issues for most cyclists, pedestrians and users on rollerblades or small
wheeled devices. To counter these issues, the profile of the bump would need to
become very gradual, but then no longer be effective in slowing fast-moving
cyclists. Therefore, staff determined traditional speed bumps are not feasible for
use on a multi -modal path.
Considering other items, staff is reviewing the concept of "rumble" bumps, which
are a series of very small bumps with contrasting colors that create a visual and
tactile feel. As part of the review, staff has obtained a sample and tested rumble
strips by having a small group of people of various ages and abilities walk and ride
small and large wheeled devices over them. Noting a potential for rumble bumps
to increase user awareness and ability for users to easily walk and ride over them,
staff recently deployed them at three locations along the Castaways Park trail as
a pilot program.
This pilot program is ongoing and under current observation. Upon the planned
conclusion of the trial at the end of December 2020, staff will determine the
effectiveness and impacts, prior to determining if rumble strips are appropriate for
deployment on the Oceanfront.
Oceanfront Improvement Project — 15th Street to 36th Street
Due to concern of budget shortfalls related to the COVID-19 crisis, the planned
Oceanfront Improvement Project has been deferred until the 2021-22 Fiscal Year. Prior
to the project deferment, Public Works completed the consultant selection process and is
ready to move forward with the project when funding becomes available.
This project includes a robust public outreach program and in-depth data collection with
the goal of creating community -supported conceptual designs for the following three
areas:
1. Oceanfront Boardwalk — Consider improvements to the existing facility, possible
widening of the boardwalk or creation of a second trail to separate pedestrian and
wheeled travel;
2. Oceanfront Parking Lot — Consider improvements to the efficiency of the parking
lot and possible extension of the Oceanfront Boardwalk through or around the
existing parking lot; and
3. McFadden Plaza — Revitalize the plaza understanding the unique nature of the
area and surrounding businesses and multiple types of people congregating and
passing through the plaza. Included in the design could be a better or more defined
throughput of boardwalk cross traffic.
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Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach
Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program
September 22, 2020
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Prohibition of Motorized Transportation Devices
Public comment during the February 11, 2020 Study Session was primarily focused on
the proliferation of electric bicycles and other motorized conveyances. Many noted the
concern of these devices related to speed. In contrast, other community members noted
their electric bicycles have increased their mobility and allowed them to travel the
peninsula without the need for their automobile. Considering the community appears to
be split on whether motorized transportation devices, such as electric bikes, should be
allowed on the Oceanfront, staff is requesting further discussion/direction on this item as
to whether staff should bring back a code revision item to prohibit some or all motorized
transportation devices, or should this topic be tabled for the time being to see if the
increased signage, fines for violation and potential speed calming measures that are put
in placed have any effect on decreasing speeding and/or poor behavior.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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 — Ordinance No. 2020-24
Attachment B — NBMC Chapter 12.54 (redline)
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ATTACHMENT A
ORDINANCE NO. 2020-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA AMENDING CHAPTER
12.54 OF TITLE 12 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO THE OCEANFRONT
BOARDWALK SAFETY PROGRAM
WHEREAS, the California Vehicle Code provides local agencies the authority to
regulate by ordinance the operation of motorized bicycles, motorized electric boards, electric
bicycles and motorized scooters;
WHEREAS, the City of Newport Beach's Boardwalk ("Boardwalk") and its
surrounding area attract a high number of residents and tourists year-round, with significant
increases during the summer season, weekends and holidays;
WHEREAS, given the number of pedestrians on the Boardwalk, regulating the speed
limit, direction of flow and unsafe operation of motorized bicycles, motorized electric boards,
electric bicycles, motorized scooters or any other motorized devices that California state law
permits local agencies to regulate (hereinafter referred to as "motorized transportation
devices"), will promote the safe and efficient use of the Boardwalk; and
WHEREAS, the City Council desires to regulate the speed limit, direction of flow and
unsafe operation of all motorized transportation devices for the purpose of promoting the
safe and efficient use of the Boardwalk for pedestrians, including seniors, persons with
disabilities and others using the Boardwalk.
NOW, THEREFORE, the City Council of the City of Newport Beach, California,
hereby ordains as follows:
Section 1: Chapter 12.54 of the Newport Beach Municipal Code is hereby
amended to read as follows:
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.
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Ordinance No. 2020 -
Page 2 of 5
12.54.060 Special Restrictions.
12.54.070 Penalty.
12.54.010 Purpose and Intent.
The purpose and intent of this chapter is to promote the safety of persons using the
Oceanfront Boardwalk while maximizing the recreational opportunities available to users.
The City Council has determined that the provisions of this chapter represent reasonable
measures that can be implemented to promote the safe and efficient use of the
Boardwalk. The City Council has made this determination after due consideration of the
probability and gravity of potential injuries to persons and property as well as the
practicability and cost of implementing measures that would protect against the risk of
such injury.
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.
"Electric bicycle" has the same meaning as defined in California Vehicle Code Section
312.5.
"Electrically motorized board" has the same meaning as defined in California Vehicle
Code Section 313.5.
"Motorized bicycle" has the same meaning as defined in California Vehicle Code Section
406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code Section
407.5.
"Motorized transportation device" means any motorized device used for personal
transportation, whether rented or owned, and includes any electric bicycle, electrically
motorized board, motorized bicycle, and motorized scooter as defined in this Section
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Ordinance No. 2020 -
Page 3 of 5
12.54.020, as well as any other motorized device that California state law permits local
agencies to regulate.
"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(6)
of this Code, rollerblades or any similar device.
12.54.025 Motorized Scooters.
No person(s) shall operate or ride a motorized scooter upon the boardwalk.
12.54.030 Speed Limit.
No bicyclist, rollerskater, motorized transportation device user or pedestrian shall exceed
eight miles per hour while on the Boardwalk.
12.54.040 Unsafe Operation.
No bicyclist, rollerskater, motorized transportation device user or pedestrian shall engage
in any activity on the Boardwalk that creates an unreasonable risk of injury to any person.
12.54.050 Direction of Flow/Rules of the Road.
A. All bicyclists, rollerskaters, motorized transportation device users 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 and motorized transportation devices 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, motorized transportation device users and/or
rollerskaters such as localized speed limits less than eight miles per hour.
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Ordinance No. 2020 -
Page 4 of 5
B. No person shall fail to comply with signs posted pursuant to subsection (A) that
establish special restrictions on bicyclists, pedestrians, motorized transportation device
users and/or rollerskaters using the Boardwalk.
12.54.070 Penalty.
A. Notwithstanding any other provision of this Code, any person violating the provisions
of Sections 12.54.025, 12.54.030, 12.54.050 or 12.54.060 shall be guilty of an infraction,
punishable by a fine not to exceed two hundred dollars ($200.00).
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 this Code.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2020 -
Page 5 of 5
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 22nd day of September, 2020, and adopted on the 13th
day of October, 2020, by the following vote, to -wit:
AYES:
2MAY I
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
' C - / ,,,
AARON C. HARP, CWY ATTORNEY
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ATTACHMENT B
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 ipromote the safety of persons using the Oceanfront Boardwalk
while maximizing the recreational opportunities available to users. The restrietiens and limitations a b:,.yelist
r,,.,,mittee City staff and . professionaltra ffie , „l+ -a„+. The City Council has determined that the provisions of
this chapter represent all of the easonable measures that can be implemented to proteet users from the risk o
fnjtypromote the safe and efficient use of the Boardwalk. 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.
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 Bboardwalk
is designated as West Ocean Front and East Ocean front on the official City atlas.
"Electric bicycle" has the same meaning as defined in California Vehicle Code Section 312.5.
"Electrically motorized board" has the same meaning as defined in California Vehicle Code Section 313.5.
"Motorized bicycle" has the same meaning as defined in California Vehicle Code Section 406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code Section 407.5.
"Motorized transportation device" means any motorized device used for personal transportation, whether rented or
owned. Motorized transportation device includes: electric bicycles, electrically motorized board, motorized bicycles,
and motorized scooters as defined in Section 12.54.020, and any other motorized device that California state law
permits local agencies to regulate.
"Pass" means to travel to the left of the centerline of the Bboardwalk.
"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.
12.54.025 Motorized Scooters.
No person(s) shall operate or ride a motorized scooter upon the boardwalk.
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12.54.030 Speed Limit.
No bicyclist, rollerskater, motorized transportation device user or pedestrian shall exceed eight miles per hour while
on the Bboardwalk.
12.54.040 Unsafe Operation.
No bicyclist, rollerskater, motorized transportation device user or pedestrian shall engage in any activity on the
Bboardwalk that creates an unreasonable risk of injury to any person.
12.54.050 Direction of Flow/Rules of the Road.
A. All bicyclists, rollerskaters, motorized transportation device users and pedestrians shall keep to the right of the
centerline of the Bboardwalk 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, motorized transportation device users 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, motorized transportation device users and/or rollerskaters using the Bboardwalk.
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 Wtwo hundred dollars
($20-50.00).
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.
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