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Home My WebLink About06 - Temporary Street Closure for 4th of July�EWPORr CITY OF NEWPORT BEACH CRy C®Q.IncH Staff Report Agenda Item No. 6 June 12, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorney's Office Aaron C. Harp, City Attorney 949 - 644 -3131, aharp/newportbeachca.gov PREPARED BY: Kyle E. Rowen, Deputy City Attorney APPROVED: 4, - 14,A,-, TITLE: RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED STREETS AND PARKING LOTS FOR THE JULY 4TH HOLIDAY PERIOD ABSTRACT: The adoption of this resolution will allow, if necessary, the Police Department to close selected streets and parking lots to accommodate the influx of visitors for the upcoming July 4th Holiday. RECOMMENDATION: Adopt Resolution No. 2012 -39 authorizing the temporary closure of Seashore Drive, Newport Boulevard, Back Bay Drive and Balboa Boulevard, selected parking lots, and selected feeder streets. FUNDING REQUIREMENTS: The exact fiscal impact approval of this item will have will depend upon the number of street closures the Police Department effectuates during the July 4th Holiday period. The Police Department's best estimate on the fiscal impact approval of this item will have under the current operational plan is approximately $15,000. Funding for the Police Department's current operational plan is included within the Fiscal Year 2012- 2013 Budget. 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 RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED STREETS AND PARKING LOTS FOR THE JULY 4TH HOLIDAY PERIOD June 12, 2012 Page 2 July Holiday, to install temporary boundaries on Seashore Drive, and to close certain parking lots. At present, the Police Department's operational plan only calls for the closure of parking lots, the 100 blocks of 39th Street, 41st Street, 43rd Street, 45th Street and 46th Street from Balboa Boulevard to Seashore and the closure of the 100 block of Orange Street from traffic off of Pacific Coast Highway. The operational plan seeks to have the rest of the streets and alleys open (including Balboa Boulevard). This resolution, however, has been drafted to allow the Police Department the authority and flexibility to close Balboa Boulevard and other areas should the need 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 �- C V 1 Aaron C. Harp City Attorney Attachments: A. Resolution No. 2012 - 39 RESOLUTION NO. 2012- 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. WHEREAS, the City Council of the City of Newport Beach finds and declares that each year, during the July 4th Holiday period, thousands of persons visit ocean front beaches between the Santa Ana River and the West Jetty. WHEREAS, the City Council of the City of Newport Beach finds and declares that this large influx of visitors can create severe traffic congestion in West Newport, the McFadden Square area, and on the Balboa Peninsula. WHEREAS, the City Council of the City of Newport Beach finds and declares that during the July 4th Holiday period, traffic on streets in the ocean front areas of West Newport, Central Balboa and the Balboa Peninsula can result in little or no vehicular flow, with many vehicles not promptly moving when an opportunity arises to do so. WHEREAS, the City Council of the City of Newport Beach finds and declares that during the July 4th Holiday period, visitors may use public streets to celebrate the occasion and, pedestrian and bicycle traffic on streets may result in a defacto parade which makes vehicular use unsafe to those using the streets. WHEREAS, the City Council of the City of Newport Beach finds and declares that 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 might not be able to provide police and emergency services in the ocean front area in the absence of the temporary street closures authorized by this Resolution. WHEREAS, the City Council of the City of Newport Beach finds and declares that 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 might not be able to 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. WHEREAS, the City Council of the City of Newport Beach finds and declares 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 July 4th Holiday period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION 1: 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; and C. At City Hall. 7. The 100 block of Orange Street from traffic off of Pacific Coast Highway. 2 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 streets listed above is limited to the period from 5:00 p.m. on July 3, 2012, to 6:00 a.m. on July 5, 2012. SECTION 2: 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 2012. Nancy Gardner, Mayor ATTEST: Leilani Brown, City Clerk 3