CITY COUNCIL STAFF REPORT
January 16, 2024 {{section.number}}g
CONSIDERATION OF FORMALIZING THE CITY’S POLICY REGARDING THE FLAG
DISPLAYS AT CITY PROPERTIES
RECOMMENDATION:
Consider whether to formalize the long-standing practice of displaying the United States, State of California, and/or City of Coronado flags at City properties, the POW MIA flag at the Stockdale Memorial at the Library, the federal and city flags along Orange Avenue medians, and the flags of all the military branches at Star Park.
If the Council decides to adopt a written policy, the Council may:
1) Adopt a resolution approving City Council Policy 30; or 2) Introduce an ordinance adding Chapter 52.50 titled “Flag Policy” to the Coronado Municipal Code.
BACKGROUND:
At the November 7, 2023, meeting, the City Council approved a Policy 2 request to place an item on the agenda to consider establishing a policy or municipal code that enshrines current flag display practice.
While not in writing, the City maintains flag poles and has a long-standing practice of displaying the United States, State of California, and/or the City of Coronado flags outside the following facilities:
ANIMAL CONTROL 1395 FIRST STREET
BOATHOUSE\CLUBROOM 1985 STRAND WAY
CITY HALL 1825 STRAND WAY
FIRE DEPARTMENT (VILLAGE) 1001 SIXTH STREET
FIRE DEPARTMENT (CORONADO CAYS) 101 GRAND CARIBE CWY
GOLF COURSE CLUBHOUSE 2000 VISALIA ROW
HARBOR MASTER OFFICE 101 GRAND CARIBE CWY
LIBRARY 640 ORANGE AVENUE
LITTLE LEAGUE (VERNETTI STADIUM) 165 B AVENUE
POLICE STATION 700 ORANGE AVENUE
PUBLIC SERVICES 101 B AVENUE
RECREATION CENTER 1845 STRAND WAY
SENIOR CENTER 1019 SEVENTH STREET
At the Library, in addition to the federal and state flags, the POW MIA commemorative flag has been on display since 2006 to fly over the installed Stockdale memorial. U.S. Navy Vice Admiral James Bond Stockdale was a prisoner of war for seven years during the Vietnam War. He retired and resided in Coronado until his death on July 5, 2005.
Along the Orange Avenue medians, the flags of the United States and the City of Coronado are also on display.
In addition, the flags of the different branches of the military are on display at Star Park. While no records were found when the practice was established, a review of the minutes of the Planning Commission from November 11, 1956 reflects the approval the American Legion Post #450’s request to designate Star Park as a “Memorial Park” and the creation of a Veterans Memorial at the center of Star Park. The action of the Planning Commission appears to support the timehonored display and maintenance of military flags at the site by the City.
Anecdotally, there has been no other instance in recent memory when another flag, commemorative or otherwise, has been flown on City-controlled flagpoles other than those specified above.
There is no City program that allows private groups to raise their own flags at city facilities.
ANALYSIS:
When a government speaks for itself, it does not have to provide access for all views. However, when a public forum is provided by the government for debate, it may provide time, place manner restrictions but it may not discriminate based on speech or viewpoint of the speakers. The United States Supreme Court in Shurtleff v. City of Boston Mass.1 (Attachment 1), found that if a city reserves its flagpole to communicate its own message, it may choose which flags it want to fly without consideration of the First Amendment’s free speech clause. When a city creates a public forum by opening up its flagpoles for citizens to express their own views, the city cannot deny groups from flying their flag based on viewpoint.
Historically, Coronado reserves its flagpoles for government speech. As previously mentioned, the government flags of the United States, California, and the City of Coronado are displayed at City facilities. The POW MIA flag is on display at the Stockdale Memorial at the Library. The United States and the City of Coronado flags are on display along the Orange Avenue medians.
In addition, military flags are displayed at Star Park.
A survey of the cities in San Diego County found nine (9) cities without a formal written policy and eight (8) municipalities with adopted policies (Attachment 2). Of those, 7 cities adopted their policies via resolution while Imperial Beach adopted its flag regulation as an ordinance (Attachment 3).
Should the City Council wish to formalize the existing practice in writing, the Council may do so by adopting a resolution approving a City Council Policy or by ordinance. A resolution takes effect immediately while an ordinance requires an introduction and a second reading to be adopted. An ordinance becomes effective 30 days after its adoption.
A draft resolution along with a draft City Council Policy #30, (Attachment 4) memorializing the City’s practice have been prepared for review and consideration. Additionally, a draft ordinance adding Chapter 52.50 titled “Flag Policy” to the Municipal Code is attached should the Council decides to formalize its policy that way (Attachment 5). 1 In 2022, a unanimous U.S. Supreme Court ruled that the City of Boston violated a Christian group’s free speech when it denied their request to raise their flag over City Hall. The decision is based on factspecific analyses including the City of Boston’s program that allowed private groups to have their flags flown outside Boston City.
FISCAL IMPACT:
Not applicable.
ALTERNATIVE:
The Council may provide direction as needed or take no action.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not a project under CEQA.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. United States Supreme Court in Shurtleff v. City of Boston Mass
2. Survey of San Diego County Cities
3. Sample Flag Policies
4. Draft Resolution No. 2024-06 with Council Policy #30 as Exhibit A
5. Draft Ordinance No. 2024-01
Submitted By: City Attorney's Office / Johanna N Canlas