HomeMy WebLinkAbout2018-52 - Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street From Traffic Off of Pacific Coast Highway, Via Oporto from Via Lido to 32nd Street, San Joaquin Hills Road Between Back Bay Drive and the Entrance to the Park NeRESOLUTION NO. 2018-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE
TEMPORARY CLOSURE OF BACK BAY DRIVE, THE 100
BLOCK OF ORANGE STREET FROM TRAFFIC OFF OF
PACIFIC COAST HIGHWAY, VIA OPORTO FROM VIA
LIDO TO 32ND STREET, SAN JOAQUIN HILLS ROAD
BETWEEN BACK BAY DRIVE AND THE ENTRANCE TO
THE PARK NEWPORT APARTMENT COMPLEX, AND VIA
MALAGA BETWEEN VIA OPORTO AND VIA LIDO
WHEREAS, the City Council of the City of Newport Beach finds and declares that
each year, during the July 41h Holiday period, thousands of persons visit oceanfront
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, on the
Balboa Peninsula, and on San Joaquin Hills Road in the area of Back Bay Drive;
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 areas of West Newport, 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 de facto 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 is able to more effectively provide
police and emergency services in the West Newport area with 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 oceanfront and other
areas in the absence of the temporary street closures authorized by this resolution,
Resolution No. 2018-52
Page 2 of 3
WHEREAS, the City Council of the City of Newport Beach finds and declares that
the Vehicle Code of the State of California permits the temporary closure of any street
when the City Council determines that closure is necessary for the safety and protection
of persons using 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, the City Council of the City of Newport Beach resolves 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 (Section 21100 et seq.), the City Council of the City of
Newport Beach 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 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 closure is necessary to
provide for the safety and protection of persons using the street for celebrations,
parades, special events, or similar activities:
Back Bay Drive;
2. The 100 block of Orange Street from traffic off of Pacific Coast Highway;
3. Via Oporto from Via Lido to 32nd Street;
4. San Joaquin Hills Road between Back Bay Drive and the entrance to the
Park Newport Apartment complex; and
Via Malaga between Via Oporto and Via Lido.
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 and areas
listed above is limited to the period from 5:00 p.m. on July 3, 2018, to 6:00 a.m.
on July 5, 2018.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
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 resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Resolution No. 2018-52
Page 3 of 3
Section 4: The City Council finds the adoption of this resolution 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.
Section 5: 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 26th day of June, 2018.
ATTEST:
Lgilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Marshall "Duf Duffield
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2018-52 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 2611 day of June, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will
O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of June, 2018.
09%mw 41,lh -
Leilani I. Brown
City Clerk
Newport Beach, California