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<,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
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Ocean Front Boardwalk Safety Discussion
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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
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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
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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.
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Ocean Front Boardwalk Safety Discussion
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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.
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Ocean Front Boardwalk Safety Discussion
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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.
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Ocean Front Boardwalk Safety Discussion
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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
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ATTACHMENT A
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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)
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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
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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.
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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.
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