HomeMy WebLinkAbout14 - Council Policy L-24 - Displaying Flags on City BridgesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
May 25, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum
949 - 644 -3311
sbadum @city.newport - beach.ca.us
SUBJECT: ADOPT A NEW COUNCIL POLICY FOR DISPLAYING FLAGS ON CITY
BRIDGES
RECOMMENDATIONS:
1. Adopt a new Council Policy, L -24, for displaying flags on City bridges.
2. Direct staff to prepare and execute Encroachment Permit/Agreements with
the Lido Isle Community Association and the Balboa Island Improvement
Association for the installation, maintenance, and removal of flags on Via Lido
Bridge and Marine Avenue Bridge.
DISCUSSION
As a part of the recent reconstruction of several bridges within the City, flag holder
fixtures were incorporated into the designs to permit the display of flags during certain
times of the year. A City Council Policy is needed to set the terms and conditions of the
use of these flag holder fixtures.
The proposed Policy, L -24, allows the placement of the U.S. flag and decorative flags
without any messages or symbols. In an effort to prevent inappropriate and overuse of
the U.S. flag, the location and timing for the placement and removal of the U.S. flags
must be accordance with the provision within the United States Code, Title 36, Chapter
10. The Policy designates the Lido Isle Community Association, the Balboa Island
Improvement Association, and the Little Balboa Island Association as the responsible
parties to install, maintain, and remove flags on the Lido Isle/Via Lido Bridge, Balboa
Island/ Marine Avenue Bridge, and the Little Balboa Island /Park Avenue Bridge
respectively. The City's Utility Department, under the direction of the City Manager, will
continue to be responsible for the placement and removal of flags on the Arches
Interchange Bridge.
Representatives of the Lido Isle Community Association have recently requested an
Encroachment Permit and Agreement to install up to a total of 17 decorative flags and
SUBJECT: Adopt a New Council Policy for Displaying Flags on City Bridges
May 25, 2004
Page 2
poles on both sides of the Lido Isle Bridge (with 9 flags on the South side and 8 flags on
the North side of the bridge). Upon approval of this Policy, the Public Works Department
will issue an Encroachment Permit and Agreement that is renewable annually by mutual
agreement.
The Balboa Island Improvement Association (BIIA) has been informally managing the
placement and removal of the flags on the Marine Avenue Bridge. With the approval of
this Policy, City staff will process an annual Encroachment Permit and Agreement with
BIIA.
Currently, there are no flag holder fixtures on the Little Balboa Island Bridge. However, it
is anticipated that either a seismic retrofit or bridge replacement project will be scheduled
in the near future in which flag holder fixtures will be incorporated. City staff will enter into
an encroachment agreement with the association at that time.
Submitted by:
Badum
s Director
Proposed Council Policy L -24
L -24
Flags on Public Bridges
The City supports the beautification of public bridges that serve as gateways to various
communities and commercial areas. Decorative and U.S. flags shall be permitted to
enhance the appearance of City Bridges pursuant to this policy.
General
A. The permitted locations are the Lido Isle /Via Lido Bridge, the Balboa
Island/Marine Avenue Bridge, Little Balboa Island/Park Avenue Bridge and the
Arches Interchange Bridge. Flags shall be prohibited on all other public bridges.
B. All flags shall be decorative in nature and shall not contain any text with the
exception of the U.S. flag and geographical community designations (ex: Balboa
Island, Lido Isle, etc.). Commercial, political, or religious messages or messages
of any kind, including logos and symbols shall not be communicated.
C. The location and timing of the installation/removal of the U.S. flag shall be as
follows in accordance with the United States Code, Title 36, Chapter 10, sect.174:
New Year's Day, January 1; Inauguration Day, January 20; Lincoln's
Birthday, February 12; Washington's Birthday, third Monday in February;
Easter Sunday (variable); Mother's Day, second Sunday in May; Armed
Forces Day, third Saturday in May; Memorial Day (half -staff until noon), the
last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor
Day, first Monday in September; Constitution Day, September 17; Columbus
Day, second Monday in October; Navy Day, October 27; Veterans Day,
November 11; Thanksgiving Day, fourth Thursday in November; Christmas
Day, December 25; and such other days as may be proclaimed by the
President of the United States; the birthdays of States (date of admission); and
on State holidays.
D. No person shall install, maintain or remove flags on City bridges without first
obtaining an encroachment permit and agreement from the Public Works
Department. The permit/agreement shall be valid for a period of one year and
will be renewable annually.
Authority to install, maintain and remove
A. The Lido Isle Community Association shall be the designated agent of the City,
and shall be responsible, for the installation, maintenance, and removal of flags on
the Lido Isle/ Via Lido Bridge.
B. The Balboa Island Improvement Association shall be the designated agent of the
City, and shall be responsible, for the installation, maintenance, and removal of
flags on the Balboa Island/Marine Avenue Bridge.
C. The Little Balboa Island Association shall be the designated agent of the City, and
shall be responsible, for the installation, maintenance, and removal of flags on the
Little Balboa Island/Park Avenue Bridge.