Decades-old Balboa Peninsula flagpole removed after temporary reprieve, residents upset

Old Glory will no longer sway in the breeze near a portion of the oceanfront Newport-Balboa Bike Trail where a flagpole stood for decades.

The pole was the subject of civic scrutiny in June when residents discovered that city code enforcement had placed a removal tag on it. The matter was brought to code enforcement via a complaint from a resident.

Neighbors say the flagpole had stood in its place near Adams Street for at least 50 years.

Officials say they aren’t sure when it was put up or who was responsible for its installation years ago. It was initially set to be removed in June, but that action was put on pause while the city investigated its origins and studied whether the land it was on belonged to the city or state.

Residents said the pole was removed early Wednesday morning. City officials on Friday confirmed its removal.

Judd Shaw said a neighbor pointed out to him the pole was gone. Shaw said the removal came as a total surprise.

“[We] picked up on the fact that the town just said that they’re taking no position on it. They’re not removing it. That it won’t be removed,” said Shaw. “They’re just not taking any action on it. I was like, ‘OK. They decided to grandfather it in or leave it or not do anything about it,’ but obviously someone within the government ordered otherwise.”

Kelly Brown holds a removal notice that was posted on a flagpole on the boardwalk near Adams Street by the Balboa Pier.

(Scott Smeltzer / Staff Photographer)

City spokesman John Pope said the city initially posted the tag in hopes someone would claim ownership of the pole and a resident eventually did. Pope said the city determined the pole lacked a permit and encroached on beach property.

Pope said the city reached out to the pole’s owner and provided two different options for the flagpole come into compliance with regulations: The owner could acquire a permit, which would then require a number of steps before it would arrive before the city council and eventually the Coastal Commission, or it could be moved onto the owner’s property at the city’s expense.

“We wanted to give the owner ... plenty of time to be able to respond. Initially, she had said no to our permit request and we came back and called her several times and left several messages about the alternative,” said Pope. “Once we didn’t hear back, we felt like we really reached out several times to make sure we could connect and give her time, but we needed to move forward at that point.”

The decision was ultimately made mid-August to remove the pole.

“Our position is that it was an unpermitted beach encroachment, regardless of the type of property,” said Pope. “It’s illegal. It raises concerns about liability and public access. There’s the matter of the Coastal Commission as well.”

“We have about 30 flagpoles in public areas throughout the city at fire departments, parks, piers. Those are maintained by the city. We have a lot of flags out there, but ultimately this was one that was unpermitted and illegal and after discussing alternatives, we took the step of removal,” he said.

The owner could not be immediately reached for comment.

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