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Home My WebLink About06 - July 4th Street & Parking Lot ClosuresCITY OF NEWPORT BEACH City Council Staff Report June 10, 2014 Agenda Item No. 6. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Aaron Harp, City Attorney — (949) 644 -3131, aharp @newportbeachca.gov PREPARED BY: Jason M. Guyser, Assistant City Attorney PHONE: (949) 644 -3129 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. 2014 -50, A Resolution of the City Council of the City of Newport Beach Authorizing the TaMorary Closure of Seashore Drive, Newport Boulevard, Back Bay Drive and Balboa Boulevard, Selected Parking Loth and Selected Feeder Streets FUNDING REQUIREMENTS: The exact fiscal impact approval of this item will depend upon the number of street closures, if any, the Police Department effectuates during the July 4th Holiday period. The Police Department's best estimate on the fiscal impact approval of this item under the current operational plan is approximately $15,000. Funding for the Police Department's current operational plan is included within the Fiscal Year 2014 -2015 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, Via Oporto, and Newport Boulevard during the July 4th 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: (1) certain parking lots; (2) the left turn lanes from westbound Balboa Boulevard to the 100 blocks of 34th Street, 36th Street, 39th 72 Street, 41st Street, 43rd Street, and 46th Street; (3) the 100 block of Orange Street and Prospect Street from traffic off of Pacific Coast Highway; and (4) Via Oporto between Via Lido and 32nd Street. 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). ATTACHMENTS: Description Attachment A - Resolution 73 ATTACHMENT A RESOLUTION NO. 2014- 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 4w 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 4t' 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 4t' 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 4`h 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 4`h 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. 7! 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, 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 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 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; 4. All "100" block streets and alleys between 32nd Street and 54th Street; 5. Back Bay Drive; 6. Via Oporto between Via Lido and 32nd Street; 7. The 100 block of Orange Street from traffic off of Pacific Coast Highway; and 8. Public areas and parking lots: a. On Seashore Drive; b. At Superior and Pacific Coast Highway; and C. At the former City Hall site at 3300 Newport Boulevard. 2 75 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, 2014, to 6:00 a.m. on July 5, 2014. Section 2: The recitals provided in this resolution are true and correct and are hereby incorporated into the substantive portion of this resolution. Section 3: 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 2014. Rush N. Hill, II Mayor ATTEST: Leilani I. Brown City Clerk 3 76