HomeMy WebLinkAbout2023-39 - Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street from Traffic off of Pacific Coast Highway, San Joaquin Hills Road Between Back Bay Drive and the Entrance to the Park Newport Apartment Complex, and Via Malaga bRESOLUTION NO. 2023-39
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, 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, each year, during the July 4th Holiday period, thousands of persons
visit oceanfront beaches between the Santa Ana River and the West Jetty;
WHEREAS, 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, 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, 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, this traffic congestion, combined with the large number of visitors
and a related increase in criminal conduct places a significant demand on scarious
police resources. 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 temporary street closures authorized by this resolution will allow the
Newport Beach Police Department to more effectively provide police and emergency
services in the West Newport area;
Resolution No. 2023-
Page 2 of 4
WHEREAS, 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. In the absence of
the temporary street closures authorized by this resolution, 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; and
WHEREAS, 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: 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:
Resolution No. 2023-
Page 3 of 4
A. Back Bay Drive;
B. The 100 block of Orange Street from traffic off of Pacific Coast Highway,
C. San Joaquin Hills Road between Back Bay Drive and the entrance to the
Park Newport Apartment complex, and
D. Via Malaga between Via Oporto and Via Lido.
Section 2: The authority of a peace officer pursuant to this resolution 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, 2023, to 6:00 a.m. on July 5, 2023.
Section 3: That the authority of a peace officer pursuant to this resolution shall
be in addition to all other authority that may be pursued by that peace officer to
temporarily close or divert traffic, and that use of the authority pursuant to this resolution
shall be at the sole discretion of that peace officer.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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.
Section 6: 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, Division 6, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Resolution No. 2023-
Page 4 of 4
Section 7: 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 27th day of Ji
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
Aaron C. Harp
City Attorney
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. 2023-39 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 27th day of June, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 28th day of June, 2023.
Leilani I. Brown
City Clerk
Newport Beach, California
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