HomeMy WebLinkAboutS30 - July 4th Street & Parking Lot ClosuresAgenda Item No. S30
June 14, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Attorney
David R. Hunt, City Attorney
949 - 644 -3131, dhunt @newportbeachca.gov
PREPARED BY: Kyle E. Rowen, Deputy Cit Attorney
APPROVED:
TITLE: RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF
SELECTED STREETS AND PARKING LOTS FOR THE JULY
4TH HOLIDAY PERIOD
ABSTRACT:
The City's plan to accommodate the influx of visitors for the upcoming July 4th Holiday
period includes closing selected streets and parking lots. Adoption of this resolution will
allow the Police Department to effectuate this plan.
RECOMMENDATION:
Adopt Resolution No. 2011 - authorizing the temporary closure of Seashore Drive,
Newport Boulevard, Back Bay Drive and Balboa Boulevard, selected parking lots, and
selected feeder streets.
FUNDING REQUIREMENTS:
A. Budget Includes Sufficient Funding
There is no fiscal impact related to this item.
DISCUSSION:
In preparation for the annual influx of visitors, this office has prepared a Resolution
authorizing the Police Department to temporarily close, or divert traffic from, portions of
Seashore Drive, the "100" block streets and alleys between 32nd Street and 54th
Street, Balboa Boulevard, Back Bay Drive, and Newport Boulevard during the Fourth of
July Holiday, to install temporary boundaries on Seashore Drive, and to close certain
parking lots. At present, the Police Department's planned closure of streets is more
limited than this resolution allows. This resolution, however, has been drafted to allow
RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED
STREETS AND PARKING LOTS FOR THE JULY 4TH HOLIDAY PERIOD
June 14, 2011
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the Police Department the authority and flexibility to close additional areas should the
need may arise during the July 4th Holiday period.
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).
Submitted by:
L�� I
David R. Hunt
City Attorney
Attachments: A. Resolution No. 2011-
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE
DRIVE, NEWPORT BOULEVARD, BACK BAY DRIVE AND BALBOA
BOULEVARD, SELECTED PARKING LOTS, 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 period, thousands of persons visit ocean
front beaches between the Santa Ana River and the West Jetty;
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 period, traffic on streets in the ocean front 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 period, 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 related
increase in criminal conduct is, at times, beyond the capacity of the Newport
Beach Police Department to control. The City routinely contracts with several
other agencies to provide supplemental law enforcement services during the
July 4th Holiday period 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 ocean front
area in the absence of the temporary street closures authorized by this
Resolution;
F. The July 4th Holiday period 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 ocean front 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 is necessary to protect both the individuals using the street and those
visitors and residents in need of emergency police and fire services during the
July 4th Holiday period.
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 Division 11, Chapter 1, Article 3 of the Vehicle
Code of the State of California, the Newport Beach City Council hereby
authorizes any peace officer to temporarily close, or divert traffic including, but
not limited to, vehicles, bicycles and / or pedestrians 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:
1. 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. Back Bay Drive.
6. Public areas and parking lots:
a. On Seashore Drive;
b. At Superior and Pacific Coast Highway;
C. At City Hall.
B. That the authority of a peace officer to temporarily close, or divert traffic
including, but not limited to, vehicles, bicycles and / or pedestrians from, the
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streets listed above is limited to the period from 6:00 a.m. on July 2, 2011, to
6:00 a.m. on July 5, 2011.
SECTION 3:
This resolution shall take effect immediately upon its adoption by the City Council, and the
City Clerk shall certify the vote adopting the resolution.
ADOPTED this day of 2011.
Michael F. Henn, Mayor
ATTEST:
Leilani Brown, City Clerk
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