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Bergeson Bill Would Continue Beach Closures : Legislation: She’s pressing for a compromise between the Coastal Commission, which objects to the curfews, and Orange County cities that need them to curb crime.

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Hoping to speed the resolution of a dispute between cities and the state over beach curfews, state Sen. Marian Bergeson (R-Newport Beach) introduced a bill Thursday that would allow the nightly closures to continue.

Bergeson said the legislation is, in part, a way to prod the state Coastal Commission to continue apace with efforts to negotiate a solution with city representatives from Orange County and other oceanfront areas.

Orange County city officials and Bergeson have met twice in recent weeks with commission leaders in an effort to settle the dispute, which began when the commission warned coastal cities that their curfews are illegal without state approval.

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If those talks fail to produce an agreement, Bergeson said, her bill would act as a backstop to ensure that the cities can continue the curfews.

But Peter M. Douglas, the commission executive director, took exception with Bergeson’s bill and another introduced earlier by Assemblywoman Juanita M. McDonald (D-Carson).

Both bills, Douglas said Thursday, would undermine the fundamental jurisdiction of the commission.

“It’s precisely the battle I was seeking to avoid,” Douglas said.

At the meetings, Bergeson and local elected officials have been cooperative and both sides seek to continue with negotiations.

“In the meantime,” Bergeson said, “I made (commission representatives) make perfectly clear that there will be no intervention, no required changes for any of our local curfews.”

In view of those meetings, Douglas said he doesn’t believe legislation is necessary.

“I think we’ve demonstrated our willingness to work with the public and these officials on issues involving public safety,” Douglas said.

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The dispute was sparked after the commission dispatched a letter in October to 73 cities and counties along the state’s 1,100-mile coastline--including four Orange County communities that have imposed curfews this year to curb late-night crime--indicating that such closures are illegal without state approval. The letter also said that approval of any ongoing closures would not be forthcoming.

City and county officials in Orange County and elsewhere were upset that the commission might try to override their ability to fight shoreline crime with curfews limiting access during late-night hours. Commission officials have historically refused to approve any request to close beaches to the public on a continuing basis.

Although state officials said they thought the curfews were illegal under the state Coastal Act, no effort has been made to override the locally approved closures with the exception of Long Beach. Commission officials have indicated in the past that each local government might have to apply for a permit in order to keep enforcing the curfews.

Tight budgets, as well as a spate of drunken brawls and a few shootings, prompted the state Department of Parks and Recreation to impose a curfew at state beaches in Orange County last April, rolling back its closing hours from midnight to 10 p.m.

The cities of Huntington Beach, Newport Beach and Seal Beach, which had curfews of 11 p.m. or midnight, promptly followed, fearing that those turned away from the state beaches might just move down the sand.

While those curfews were not challenged, the commission has acted in some cases to thwart stricter restrictions. Long Beach had closed its beaches at midnight since the 1950s, but when it imposed a tougher curfew--running from 10 p.m. to 5 a.m.--the move was rejected by the commission last year.

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