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HomeMy WebLinkAbout05 - 4th of July Street Closure ResolutionCouncil Meeting 05 -24 -99 Agenda No. 5 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY May 24, 1999 TO: Mayor and Members of the City Council FROM: Daniel K. Ohl, Deputy City Attorney RE: Fourth of July Street Closure Resolution This office has prepared a Resolution authorizing the Police Department to temporarily close, or divert traffic from, portions of Seashore Drive, Balboa Boulevard, • and Newport Boulevard, during the 4' of July Holiday, to install temporary boundaries on Seashore Drive, and to close certain parking lots. RECOMMENDATIONS: It is recommended that the Council adopt the Resolution attached to this memo. 4- Daniel K. Ohl Deputy City Attorney DO:da Attachment F:t users\catlshared \\da\c=emoUuly4.doc RESOLUTION NO.99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, AND SELECTED FEEDER STREETS. SECTION 1: The City Council of the City of Newport Beach finds and declares as follows: A. Each year, during the July 4th holiday, thousands of persons visit ocean front beaches between the Santa Ana River and the West Jetty; and B. This large influx of visitors creates severe traffic congestion in West Newport, the McFadden Square area, and on the Balboa Peninsula; C. During the July 4th Holiday, traffic on streets in the Oceanfront areas of West Newport, Central Balboa and the Balboa Peninsula frequently results in little or no vehicular flow, with many vehicles not promptly moving when an opportunity arises to do so. D. During the July 4th Holiday, many visitors use public streets to celebrate the occasion and, pedestrian and bicycle traffic on many streets results in a defacto parade which makes vehicular use unsafe to those using the streets. E. This traffic congestion combined with the large number of visitors and a relate* increase in criminal conduct, is, at times, beyond the capacity of the Newport Beach Police Department to control. The City routinely contracts with other agencies to provide supplemental law enforcement services during the 4th of July holiday to enable the Newport Beach Police Department to respond to emergencies and maintain public safety. The Newport Beach Police Department could not provide police and emergency services in the Oceanfront area in the absence of the temporary street closures authorized by this Resolution. F. The 4th of July Holiday brings with it an increased threat of fire (due to illegal fireworks), and much higher than normal incidence of medical emergencies. The City routinely enlists the aid of neighboring cities to provide supplemental fire support service to enable the Newport Beach Fire Department to respond to medical emergencies and suppress fires as necessary. The Newport Beach Fire Department could not travel to or from the scene of medical or fire emergencies in the Oceanfront area in the absence of the temporary street closures authorized by this Resolution. G. The Vehicle Code of the State of California permits the temporary closure of any street when the Legislative body determines that closure is necessary for the safety and protection of persons who are to use that portion of the street during closure, and the City Council determines that the closures authorized by this Resolution are necessary to protect both the individuals using the street and those visitors and residents in need of emergency police and fire services during the 4th of July Holiday. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION 2: A. Pursuant to the provisions of Article 3, Chapter 1, Division 11 of the Vehicle Code of the State of Califomia, the Newport Beach City Council hereby authorizes any peace officer to temporarily close, or divert traffic from all, or a portion, of the following streets and public parking lots when, in the opinion of that peace officer, little or no vehicular flow is occurring and a significant number of vehicles are not promptly moving when an opportunity arises to do so, or when in the opinion of that peace officer, closure is necessary for the safety and protection of persons using the street for celebrations, parades, special events, or similar activities: Seashore Drive between 32nd Street and Prospect; 2. Eastbound Balboa Boulevard between 32nd Street and West Coast Highway; 3. The southbound lanes of Newport Boulevard between Via Lido and Balboa Boulevard; and 4. All 100" block streets and alleys between 32nd Street and 54th Street. 5. Public areas and parking lots: a. On Seashore Drive; b. At Superior and P.C.H.; •C. At City Hall. B. That the authority of a peace officer to temporarily close, or divert traffic from, the streets listed above is limited to the period from 6:00 a.m. on July 3, 1999, to 11:00 p.m. on July 5, 1999. ADOPTED this day of , 1999. ATTEST: LaVonne Harkless, City Clerk F:\usem\cat\shared\ResolutionU uly4th.doc 0 Dennis O'Neil, Mayor