HomeMy WebLinkAbout12 - Surrey CyclesCITY OF NEWPORT BEACH
CITY ATTORNEY'S OFFICE
TO Mayor and Members of City Council
FROM: Daniel K. Ohl, Deputy City Attorney
RE Surrey Cycles
January 23, 2001
Agenda Item No. 12
This memo is in response to the Council's request of October 24th for additional evidence
regarding problems associated with surrey cycles. We were also directed to meet with
the business owners concerning this topic.
INVESTIGATION:
We have contacted the Police Department, City Clerk, General Services, Human
Resources, Code Enforcement, Fire & Marine, and Public Works for their input on this
issue. Other than a Police Department memorandum in July of 1998 regarding surrey
cycles, we were unable to locate any complaints, claims, or lawsuits for injuries or
damages involving surrey cycles. We did not find any accident reports nor could we
locate any medically related responses for accidents in which they were involved.
From the Police Department's perspective, their contact with visiting drivers and operators
of surrey cycles has not been positive. The majority of operators are one -time tourists
who have come to Newport Beach to enjoy its amenities. Most did not believe they were
committing any type of violation.
Some claimed that they were never told not to ride on the boardwalk and had not noticed
the advisement prohibiting riding on the boardwalk, which is posted on the cycle. Others
indicated they thought the boardwalk was a bike path and thus it was permissible to ride.
In the situations in which the families are stopped and cited, their experience in Newport
Beach is ruined, the families are upset, and bad public relations ensue.
Once on the street, the surrey cycles are too slow to be operated in traffic on Balboa
Boulevard, especially when traffic increases. Because of their speed restrictions, they
impede vehicular traffic causing conflict between the cycles and vehicles.
MEETING WITH BUSINESS OWNERS:
We met with several business owners on November 17th to solicit their input and to
advise them of what information we had found. Each business owner indicated the
manner in which the rental agreement is signed, how each provision is initialed, how our
municipal code prohibitions are set forth in the agreement, and how they provide verbal
instructions to the operators as to where they cannot ride. Maps are also provided.
Mayor and Members of City Council
Agenda Item No._
January 23, 2001
Page 2
Each business owner also indicated that they have never been advised of any accident,
have never received a complaint and have never been sued. From their perspective, a
problem does not exist. It is the desire of the business owners to work with the City to
resolve any problems which are believed to exist. They would like an opportunity to make
suggestions and to try different approaches to reduce the chance of conflicts before any
final decision is made concerning banning the surrey cycles.
THE BUSINESS OWNERS HAVE SUGGESTED THE FOLLOWING SOLUTIONS:
1. Add an additional sidewalk/boardwalk /area for surrey cycles to operate.
2. Create a standardized colored map which is then affixed to each surrey cycle,
advising operators where they cannot operate a surrey cycle.
3. Have uniform provisions in Rental Agreements indicating where the operators are
not allowed to go, summarize the Municipal Code Sections and advise operators
that they may/will be cited if they fail to comply. The operator will initial each
paragraph of the Agreement.
4. Provide additional verbal instructions to make sure all individuals who rent and /or
operate surrey cycles are aware of these provisions and requirements.
5. The owners believe that citations should be issued to violators of the rules.
The business owners are under the perception that they are being run out of business.
Each stressed a desire and opportunity to work with the City to resolve these issues.
Attached to this staff report are comments dated January 16, 2001 from Darren Etem,
business owner of The Balboa Bikes 'n Beach Stuff.
\ _ n
Daniel K. Ohl,
Deputy City Attorney
DKO:da
F:\ users\ cat\ shared \da\CCmemo\Cycles012301.doc
01/16/01 TUE 10:11 FAX 714 849 2090 Darren B. Etem
City Council Meeting 1 -23 -01
City Council;
My name is Darren Item, and 1 own Balboa Bikes N' Beach Stuff located
at the corner of Balboa Blvd_ and Palm St. in the city of Newport Beach.
I am here tonight to give additional information regarding the issue of the
proposed addendums of Municipal Code, Section 12.56 that regulates
bicvcles, pedicabs, and surrey cycles.
In an attempt to conserve your time tonight, we have made a conscious
effort not to have numerous residents speak -out in support of surrey
cycles. I am aware that many of the city council members have received
letters in our support.
As of the last city council meeting that pertained to this issue it was
agreed that the Deputy Attorney, Mr. Daniel Ohl, was to investigate and
uncover any and all claims with regard to surrey cycles in the city of
Newport Beach.
The affected retailers and Deputy Attorney had a meeting where the
results of his findings were divulged. No claims of any kind were found
over the past ten years or longer with the operation of surrey cycles in
the city of Newport Beach. This information comes as no surprise, since
none of retailers in Newport Beach that rent surrey cycles have ever been
sued, had police report filed involving injury, damage to another vehicle
or any other related incidences. Don't you wish Boats and Jet Skis in
the harbor had this impressive record. How about cars and pedestrians,
these too have many claims and police reports. The fact is that the
claims that were made about surrey cycles with there many accident
reports and hazardous nature have in fact been proven to be quite the
contrary.
Over the past couple of weeks, police officers have visited my store
compiling information regarding this situation. This gave me the
JRN -16 -2001 10:09 714 843 2030 97 %: P.02
W1uu2
01/16/01 TUE 10:11 FAX 714 843 2030 Darren B. Etem
opportunity to speak with two officers and gain some of their feedback.
Both officers had no idea the reasoning behind their endeavors but, both
did comment on their personal experiences. One had lived in Balboa for
20 years and she stated; "I loved the surrey cycles" and that the majority
of the officers she has talked to don't have a problem with them. The
other officer stated he had never cited someone for riding on the
boardwalk.
I personally want to work with the city regarding this issue in a manner
that is a win, win for all parties concerned. I do not believe there is any
reasoning, proof of accidents, violations or injuries that would
necessitate the banning of surrey cycles_
I hope these findings and the notion to outlati., surrey cycles in the city of
Newport Beach can be disregarded. Not only are these vehicles safe, but
also they have become a large draw for family entertainment to our city.
4—
ren Etem
Balboa Bikes N' Beach Stuff, Inc.
WJUU3
JAN -16 -2001 10:09 714 643 2030 97% P.03
california security al TEL No- 9096861304
Jan 18,:1 16:39 NO-001 P.02
1 I: 1 : l l 1 11TH Li 1
001
JAN 18 P4 :21
OFFJGE OF
CITY OF P
CITY OF NEWPORT BEACH, COUNCIL MEMBERS, AND ALL CONCERNED PARTIES.
3300 NEWPORT BLVD.
NEWPORT BEACH, CALIF.
92658
January 18, 2001
SUBJECT; IS THE PROPOSED BANNING BY THE CITY COUNCIL OF ALL SURREY BIKE'S AND ALL
BIKES WIDER THAN A TRADITIONAL TWO WHEELED BICYCLE. THIS WOULD ALSO INCLUDE
BIKES SUCH AS; TRAIL MATES, FUN CYCLES, BANANA PEELS, HONEY MOONERS, TEAM DUAL
TRIKES, BEACH BUGGY'S, PEDI CAB'S, AND A GREAT MANY MORE. THE LIST OF EQUIPMENT
THAT WOULD BE FORBIDDEN BY THIS BAN IS SO WIDE SWEEPING THAT IT IS NOT POSSIBLE TO
EVEN INCLUDED ALL OF THE EQUIPMENT IN THIS LIST THAT WOULD BE EFFECTED.
THE ALLEGATION THAT WHERE MADE AGAINST OUR BUSINESS, THI'IYPE OF EQUIPMENT THAT
WE RENT, AND THE WAY WE RUN OUR BUSINESS, HAVE BEEN MADE WITH OUT PROPER
FOUNDATION OR FACT'S TO SUPPORT THEM. AND ARE FALSE. IN ONE SENTENCE AT THE LAST
COUNCIL MEETING IT WAS SPOKEN BY ONE COUNCIL MEMBER THAT THE SURREY'S WERE SLOW
AND LUMBERING, AND IN THE NEXT SENTENCE THAT THEY WERE WILD AND UNWHEELING.
WELL WHICH IS IT? HOW CAN THEY BE BOTH SLOW AND LUMBERING, AND WILD AND
UNWHEELING.
IT WAS ALSO SAID THAT THE SURREY'S ON THE PENINSULA ARE INVOLVED IN AND THE CAUSE
OF ACCIDENTS AND WERE THE CAUSE OF MANY PERSONAL INJURIES ON A DAILY BASES. AGAIN
WHERE DO THESE FACTS COME FROM. WE AT BALBOA BEACH RENTALS HAVE BEEN OPERATING
THE RENTAL OF SURREYS FOR OVER SEVEN YEARS, AND WE HAVE SIGNS ON THE BACK OF
EVERY SURREY THAT ARE 18" TALL BY 22" WIDE WITH THE NAME OF OUR BUSINESS, ADDRESS
AND OUR PHONE NUMBER ON THEM, IN LARGE BOLD LETTERING, HOW IN THESE TIME'S COULD
OUR SURREY'S HAVE EVER BEEN INVOLVED IN A SfNOLE ACCIDENT OR CAUSE INJURY TO OUR
CUSTOMER OR ANYONE ELSE WITHOUT OUR NOT HAVING SOME KIND OF KNOWLEDGE OF IT IN
OVER SEVEN YEARS.
IN THE OVER SEVEN YEARS THAT WE AT BALBOA BEACH RENTAL HAVE BEEN OPERATING THIS
DUSINCSS WE HAVE BEEN THE LEADER IN SETTING THE GUIDELINES, AS WP. HAVE FROM DAY
ONE. WE HAVE ALWAYS MADE SURE THAT FOR THE SAFETY OF OUR CUSTOMERS AND FOR
OURSELVES, WE HAVE INSISTED THAT OUR CUSTOMERS ARE WELL INI,0RMED AS TO THE RULES
OF THE ROAD, AND PROPER INSTRUCTIONS ON THE OPERATION OF THE EQUIPMENT THAT THEY
ARE RENTING, IN ADDITION TO PROVIDING ALL SAFETY EQUIPMENT SUCH AS HELMETS WREST
GUARDS, ELBOW PADS, KNEE PADS, AND LOCKS. AT NO COST TO OUR CUSTOMERS.
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FOR THE SAFETY TO OUR CUSTOMERS WE ASK THAT EVERY PERSON RENTING EQUIPMENT
FROM BALBOA BEACH RENTALS READ AN AGREEMENT, THAT EXPLAINS THE RULES OF THE
ROAD, AND RULES OF EQUIPMENT OPPORATION, WHERE IT ALSO OUTLINES AND IS HIGH
LIGHTED THAI" lIlE SURREY'S ARE NOT ALLOWED ON ANY PEDESTRIAN WALK WAYS SUCH AS;
SIDEWALKS, BOARDWALKS, PIERS, AND FUN TONE AREA, ALSO WE ASK OUR CUSTOMERS TO
SIGN THIS AGREEMENT IN TWO PLACES UNDER EACH WRITTEN PARAGRAPH EXPLAINING THESE
RULES, AGNOLEDGING THAT THEY HAVE READ AND UNDERSTAND THEM, AND ALSO INITIAL
THIS AGREEMENT IN TWO PLACES THAT THEY UNDER STAND THAT THEY CANNOT RIDE IN
THESE DESIGNATED OFF LIMIT AREA'S AND INITIAL. AGAIN SEPARATELY FOR THE SAFETY
EQUIPMENT AS ALL CHILDREN IN THE ST'AT'E OF CALIFORNIA, UNDER THE AGE OF 18 YEAR ARE
REQUIRED BY LAW '1'0 HAVE A MINIMUM OF A SAFETY HELMET, AGAIN THAT WE PROVIDE AT
NO COST TO OUR CUSTOMERS.
IN ADDITION WE RAVE EVERY CUSTOMER THAT SIGNS TIBS AGREEMENT PROVIDE EVIDENCE
THAT THEY ARE OVER THE AUL OF 18 YEAR'S, BY PROVIDING A DRIVERS LIC, OR PASSPORT, AND
YES WE GO EVEN FURTHER THAN THIS, BY ALSO TAKING A R16HT THUMB PRINT, OF EACH
PERSON MAKING OUT A REN'T'AL AGREEMENT AT THIS TIME, AND ALSO RECORDING THE HOLE
PROCESS WITH IN STORE SURVEILLANCE CAMERAS. WE AGAIN CONTINUE WITH FOLLOW UP
VERBAL INSTRUCTIONS AS TO THE SAFETY RULES OF OPERATION AND RULE'S OF THE ROAD,
BEFORE THE CUSTOMER IS EVER ALLOWED TO LEAVE OUR PREMISES.
FURTHER MORE EVERY SURREY HAS A PROPERLY MOUNTED SIGN, PROMINENTLY DISPLAYED
ON THE DASH BOARD OF EVERY SURREY INDICATING, THAT' T'FBS SURREY IS NOT ALLOWED ON
ANY CITY SIDE WALKS, BOARD WALKS, PIERS, OR IN FUN ZONE AREA. WE ALSO GIVE EACH
CUSTOMER A COURTESY MAP OF THE PENINSULA, ALSO WE ARE GLAD 7'0 HIGH LIGHT A ROUTE
ON THIS MAP FOR EACH CUSTOMER THAT WILL MEET THERE PERSONAL NEEDS.
IT WAS ALSO BROUGHT TO MY ATTENTION AFIT'.R THE LAST COUNCIL MEETING THAT A CHILD
OF A COUNCIL MEMBERS WAS INVOLVED IN A COLLISION WITH A COMPETITORS SURREY FROM
OCEAN FRONT WHEEL WORKS. AND AL'PHOUGH 1 DO FEEL COMPASSION FOR THIS PERSON AND
HIS CHILD, I DO NOT FEEL THAT THIS IS A WIDE SPREAD PROBLEM THAT WE NEED NEW LAWS
INACTED FOR THAT SEEM TO BE AIMED AT CAUSING PROBLEMS FOR OTHER LAW ABIDING
MERCHANTS INCLUDING BALBOA BEACH RENTALS THAT ARE NOT INVOLVED. WE AT BALBOA
BEACH RENTALS HAVE AN EXCELLENT TRACK RECORD OF NOT BEING INVOLVED IN ANY SUCH
PROBLEMS, AND FEEL THAT WE ARE GOOD AMBASSADORS OF BALBOA, INSTEAD 1 FEEL THAT
THIS IS A SINGLE INCIDENT T'HA'I' INVOLVES, ONE PERSON, AND ONE MERCHANT, AND WOULD
BE BETTER DELT WITH IN THIS WAY. PLEASE DO NOT PUNISH GOOD LAW ABIDING MERCHANTS,
AND TOURIST TI IAT COME HERE FOR OUR SERVICES, FOR A SINGLE INCIDENT OR ACTIONS THAT
DIDN'T EVEN INVOLVE US,
THERE WHERE SEVERAL PEOPLE THAT CHOSE TO CONFRONT THE MERCHANTS THAT WOULD BE
AFFECTED BY THIS BAN AFTER THE LAST COUNCIL MEETING, THAT ALSO CHOSE NOT TO SHARE
THERE NAMES, AND MADE THE SUUGL'S'IIUN TO ALL THE MERCHANTS INVOLVED THAT WE
SHOULD HIRE OR PAY FOR SECURITY ENFORCEMENT TO PATROL THE PENINSULA, I CAN TELL
YOU THAT WE ARE NOT LAW ENFORCEMENT OFFICERS NOR DO WE WISH TO BECOME LAW
ENFORCEMENT OFFICERS. I FLLL THAT THE OFFICERS THAT ARE ALREADY IN THE AREA ARE
WELL TRAINED IN THERE CAREERS AS LAW ENFORCEMENT OFFICERS, AND ARE DOING A VERY
GOOD JOB WITH OUP THE NEED OF ANY ADDITIONAL OFFICERS.
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THE TRUE AND BIGGER PROBLEM ON THIS PENINSULA 1S THE LARGE NUMBER OF ALCOHOLICS
THAT ARE INVOLVED IN CAUSING INJURY TO EITHER THEM SELVES OR OTHERS, ON A DAILY
BASES, AND CAUSING LAWSUITS FOR THF. CITY THAT ARE COSTLY AND TIME CONSUMING, AS
WELL AS ALL THE OTHER DESTRUCTION TO CITY AND PERSONAL PROPERTY, AS WELL AS A
GENERAL NUISANCE THAT COMES WITH ALCOHOLICS, BUT NO ONE IS ASKING ALL THE
MERCHANTS OF THE LIQUOR STORES, GROCERY STORE'S, BAR'S, AND RESTAURANTS THAT
SERVE LIQUOR AND ALCOHOL TO PAY FOR OR POLICE THE STREETS, SIDE WALKS, ALLIES ECT,
SO WHY WOULD THEY ASK US TO PAY FOR OR BECOME POLICE OFFICERS?
WELL IT IS BEING SAID THAT THIS IS BEING PURSUED BECAUSE OF THE SAFETY ISSUES THAT
ARE INVOLVED, WELL I CAN TELL YOU THAT PEOPLE ARE HURT AT THE BEACH IN MANY
DIFFERENT WAYS EVERY DAY, BUT NOT ON OR BY THE SURREYS. IF THIS TRULY IS A SAFETY
ISSUE, MY SUGGESTION IS THAT THE CITY TAKE A SMALL AMOUNT OF THE REVENUES THAT
ARE GENERATED IN THIS AREA OF THE CITY AND EITHER WIDEN THE EXISTING BOARD WALK
OR INSTALL A LOW COST SECOND BOARD WALK FURTHER OUT ON THE BEACH FRONT THAT
WOULD BE BETTER SUITED FOR ALL BICYCLIST BEGINNERS AND ADVANCED, LOCALS AND
TOURIST.
THE POPULATION IN THIS STATE IS GROWING AND WILL ONLY CONTINUE TO DO SO FOR MANY
YEARS TO COME, AND THE WAY TO DEAL WITH IT SHOULD NOT BE TO RUN OFF GOOD
MERCHANTS AND TRUISM BY TURNING OUR BACK ON IT, AND HOPE IT ALL 00 -S AWAY,
BECAUSE IT'S NOT GOING TO GO AWAY. THh WRITE THING TO DO, 1S TO FIND A WAY TO MAKE
IT WORK FOR EVERYBODY AND MAKE THE NEEDED CHANGES, SUCH AS ADDING A WIDER BIKE
PATH.
IT WAS QUOTED ON THE 26 Th. DAY OF OCTOBER OF THE YEAR 2000 IN THE ORANGE COUNTY
REGISTER NEWS PAPER, THAT THE SAME COUNCIL MEMBERS THAT WAS INVOLVED IN THE
COLLITION WITH A SURREY FROM A COMPETITORS STORE„ OCEAN FRONT WHEEL WORKS,
"SAID", �F THE F SIMAFX LCN'T BANNFD IN THE AREAS TMY ARE 11S YD ' L FK
ORFATER ENVORCEMIENT OIF IM EXISTING REGULA " WE AT BALBOA BEACH
RENTALS FEEL THAT THIS COUNCIL MEMBER SEEMS TO HAVE SOME UNKNOWN PERSONAL,
AGENDA OR VENDEDA AGAINST ALL SURREY RENTALS OPERATORS SENSE EVERYONE WE HAVE
TALKED TO IN THE AREA, RESIDENCE AND TOURIST BOTH CLEARLY SEEM TO HAVE NO
PROBLEM WITH OUR BUSINESS BEING HERE. THEY LIKE THAT WE RENT THE SURREYS, INFACT
EVERY PERSON THAT WE ASKED LOCAL RESIDENCE AND TOURIST BOTH LIKED THE SURREYS SO
WE DON'T NO WAY HE IS LOOKING TO CREATE THESE PROBLEMS FOR US.
HOWEVER IF THE CITY COUNCIL OR GOOD CITIZENS OF NEWPORT DO NOT WANT OUR BUSINESS
ON THE PENINSULA OR IN THE CITY OF NEWPORT AND INSIST ON MOVING FORWARD WITH THE
BANNING OF THIS TYPE OF EQUIPMENT AT THIS TIME, OR AT ANY TIME IN THE FUTURE WE AT
BALBOA BEACH RENTALS ASK THAT YOU DO NOT RUN US OUT OF TOWN LJKE BUM'S,
BUT INSTEAD DO TILE RIGHT THING AND ( I ) BUY US OUT, OR (2) COMPENSATE US FOR THE
LOSS OF INCOME THAT WE WOULD INCUR FROM THE LACK OF THIS TYPE OF EQUIPMENT, OR
(3 ) RELOCATION MONEY, OR A COMBINATION OF ANY OR ALL OF THE ABOVE.
RES TF
J KLURE
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