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Home My WebLink About04 - Temporary Closure of Selected Streets for the July 4th HolidayTO: CITY OF NEWPORT BEACH City Council Staff Report June 27, 2017 Agenda Item No. 4 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 R. Bevan, Deputy City Attorney TITLE: Resolution Authorizing the Temporary Closure of Selected Streets 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 4t" Holiday. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-44, 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. FUNDING REQUIREMENTS: The Police Department's best estimate on the fiscal impact approval of this item under the current operational plan for the upcoming July 4th Holiday period is approximately $6,652.00. This amount represents costs for traffic message boards, traffic controller/flaggers, and other equipment or mobilization needed to effectuate the street closures. Funding for the Police Department's current operational plan is included within the Fiscal Year 2017-2018 Budget. 4-1 Resolution Authorizing the Temporary Closure of Selected Streets for the July 4th Holiday Period June 27, 2017 Page 2 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 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 during the July 4th Holiday. At present, the Police Department's operational plan seeks to have the rest of the streets and alleys open. 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: This 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). ATTACHMENT: Attachment A — Resolution 4-2 ATTACHMENT A RESOLUTION NO. 2017-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH 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 4th 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, the McFadden Square area, on the Balboa Peninsula, and on San Joaquin Hills Road; 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 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 might not be able to provide police and emergency services in the oceanfront 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 Resolution No. 2017 - Page 2 of 3 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; 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 4t" 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 for the safety and protection of persons using the street for celebrations, parades, special events, or similar activities: 1. 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 5. 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, 2017, to 6:00 a.m. on July 5, 2017. Resolution No. 2017 - Page 3 of 3 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. 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 day of 2017. Kevin Muldoon Mayor APPROVED AS TO FORM: ATTEST: Leilani I. Brown City Clerk 4-5