HomeMy WebLinkAbout03 - Vehicle Usage on Piers & PlazasCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
February 11, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, P.E.
949- 644 -3311
Idalton@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:
Reintroduce Ordinance No. 2003- amending Chapter 17.28 of Title 17 of the
Newport Beach Municipal Code and pass to second reading on February 25, 2003.
DISCUSSION:
On January 28, 2003, the City Council approved the first reading of an amendment to
Chapter 17.28 of Title 17 of the Newport Beach Municipal Code. (See attached staff
report.) The amendment would limit the gross vehicle weight (GVW) of trucks serving
concessions on the Newport and Balboa Piers to 8000 pounds.
Staff had originally written the report recommending that the GVW be set at 6000 pounds.
Just prior to the first reading, a concessionaire asked that the GVW be established at 8000
pounds to accommodate his delivery trucks, which staff agreed to; however, since the first
reading staff has learned that the actual GVW of the concessionaires' trucks will exceed
10,000 pounds. This much weight is clearly not prudent or acceptable to staff.
Accordingly, staff recommends that the ordinance be reintroduced to limit the GVW of
trucks serving concessions on the Newport and Balboa Piers to 6000 pounds.
Prepared by:
4AC7
LloypKDalton, PE
Design Engineer
Submitted b
Stephen G. Badum, PE
Public Works Director
Attachments: staff report of January 28, 2003
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. persor
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,
;a-,atO) pounds gross vehicle weight.
&oC>e
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 :\USERSIPBWtShared \COUNCIL \FY02-03Uan-2B\Pier Weight Ordinance FolderJProposed Pier Weight Ordinance - dean.doc
FA
i'
a }
H
U
/FO
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
CITY OF NEWPORT BEACH
RE: NOTICE OF PROPOSED PROVISIONS TO CHAPTER 17.28 OF THE NEWPORT
BEACH MUNICIPAL CODE —PIERS
Dear Noe
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 sometime
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,
?P� .
Dav iff,
Assistant City Manager
Attachments
x Robin L Clauson, Assistant City Attomey (w /Attach)
�Lloyd,Djft6i PLuEkF o e 'gwlARach
Dana Dorsett, Esq., Law Offices of Dana Moon, 3435 Wilshire Blvd, Suite 2330, LA, CA, 90010 fw /Attach)
City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884
www.citynewport beach.ca.us
0
November 25, 2002
Mr. Doug Cavanaugh
Ruby's Diner, Inc.
110 Newport Center Drive
Suite 110
Newport Beach, CA, 92660
CITY OF NEWPORT BEACH
RE: NOTICE OF PROPOSED PROVISIONS TO CHAPTER 17.28 OF THE NEWPORT
BEACH MUNICIPAL CODE —PIERS
Dear Mr. gh de: .
This lette - intenUUd 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
cc: Robin L. Clauson, Assistant C.ity_Attomey_(w /Attach
Lloyd Dalton, Public Works bept. d(Attach) •`- := 7
City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884
www.citynewport -beach ca.us
CITY OF NEWPORT BEACH g.
CITY COUNCIL STAFF REPORT g.., 3 /I fl3
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
Idalton @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:
►% _ /I
..D_.
Design Engineer
Attachments: Proposed ordinance
Letters to concessionaires
Submitted by:
Cove 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:
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 :IUSERSTBOShared \COUNCIL \FY02 -03Uan- 28\Pier Weight Ordinance FoldeAProposed Pier Weight Ordinance - clean.doc
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
BEACH MUNICIPAL CODE —PIERS
Dear tut,�rk:
TO CHAPTER 17.28 OF THE NEWPORT
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)
-ZUoyd Datito .Public-Wo Ks D_M -(wlAtfacfi ;�
Dana Dorsett, Esq., Law Offices 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
Cq�, FoRN�P
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
Lloyd Dalton, Public Works bent_(w /(Attach)) `- J
City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884
www.citynewport- beach.ca.us