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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.