HomeMy WebLinkAbout05 - Authorizing the Temporary Closure of Selected Streets for the Fourth of July Holiday PeriodQ �EwPpRT
CITY OF
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<,FORN'P City Council Staff Report
June 22, 2021
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police
949-644-3702, JLewis@nbpd.org
PREPARED BY: Steve Rasmussen, Deputy Chief
949-644-3720, SRasmussen@nbpd.org
Aaron Harp, City Attorney
949-644-3131, AHarp@newportbeachca.gov
TITLE: Resolution No. 2021-60: Authorizing the Temporary Closure of
Selected Streets for the Fourth of July Holiday Period
ABSTRACT:
The adoption of Resolution No. 2021-60 will allow, if necessary, the Newport Beach
Police Department to close selected streets and parking lots to accommodate the influx
of visitors for the upcoming Fourth of July 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 this action will not result in a physical change to the environment, directly or
indirectly; and
b) Adopt Resolution No. 2021-60, 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.
DISCUSSION:
In preparation for the annual influx of visitors, Resolution No. 2021-60, if approved, would
authorize the Newport Beach 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 Fourth of July holiday. At present, the Police
Department's operational plan seeks to have all other city streets and alleys open.
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Resolution No. 2021-60: Authorizing the Temporary Closure of Selected Streets for the
Fourth of July Holiday Period
June 22, 2021
Page 2
Resolution No. 2021-60 authorizes the Police Department to close or divert traffic as may
be necessary in response to the Fourth of July holiday, but does not require it to do so.
In light of the evolving protocols and policies guiding the City's response to the pandemic,
if additional requests for police services are received the Police Department will have the
flexibility to make necessary adjustments as may be required to respond to requests for
police services.
FISCAL IMPACT:
The current budget includes sufficient funding for this item. Staff estimates the fiscal
impact of this item under the current operational plan for the upcoming Fourth of July
holiday period is approximately $6,978.00. This amount represents costs for traffic
message boards, traffic control ler/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 proposed Fiscal Year 2021-22 Budget.
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:
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ATTACHMENT A
RESOLUTION NO. 2021- 60
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, 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 scarce 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;
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Resolution No. 2021 -
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:
A. Back Bay Drive;
B. The 100 block of Orange Street from traffic off of Pacific Coast Highway;
C. Via Oporto from Via Lido to 32nd Street;
D. San Joaquin Hills Road between Back Bay Drive and the entrance to the
Park Newport Apartment complex; and
E. Via Malaga between Via Oporto and Via Lido.
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Resolution No. 2021 -
Page 3 of 4
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, 2021, to 6:00 a.m. on July 5, 2021.
Section 3: 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.
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Resolution No. 2421 -
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 22nd day of June, 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
'ru'r
Aaron C. Harp
City Attorney