Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: June 12, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Resolution Authorizing Display of Specified Commemorative Flags
RECOMMENDATION
Adopt a resolution authorizing the display of commemorative flags honoring the United States Army, Prisoners of War or Missing in Action servicepeople and the United States Marine Corps on specified dates in 2023.
____________________________________________________________________________
BACKGROUND
Historically, the City has displayed the United States Flag, the State of California Flag, and the City of Grover Beach Flag at City Hall and other City facilities in accordance with Federal and State law. On May 8, 2023, the City Council adopted a resolution to establish a formal policy for the approval and display of commemorative flags which clarified that City flagpoles are not intended to serve as a forum for free expression or speech by the public. The policy established a process by which commemorative flags may be flown on City flagpoles, upon Council approval, to express the official sentiments of the City.
At the May 22, 2023 City Council meeting, the Council adopted a resolution to authorize flying the Pride Flag as a symbol of support for the LGBTQ community during the month of June. The Council also provided direction to staff to return with a resolution to authorize the display of three other commemorative flags on specified dates in 2023, including:
1) Official flag of the United States Army on June 14, 2023; 2) National League of Families’ Prisoner of War/Missing in Action flag on September 15, 2023; and
3) Official flag of the United States Marine Corps on November 10, 2023.
FISCAL IMPACT
There is no direct fiscal impact to this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt a resolution to authorize the display commemorative flags honoring the United States Army, Prisoners of War or Mission in Action servicepeople and the United States Marine Corps on specified dates in 2023; or
2. Provide staff with alternative direction.
Staff Report: Resolution Authorizing Display of Specified Commemorative Flags Page 2 June 12, 2023
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution
2. City’s Flag Policy
RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AUTHORIZING THE DISPLAY OF SPECIFIED COMMEMORATIVE FLAGS
WHEREAS, the City of Grover Beach currently displays the United States Flag and the State of California Flag at the Grover Beach City Hall; and WHEREAS, the City of Grover Beach has adopted a flag policy that allows the display of commemorative flags upon resolution of the City Council; and WHEREAS, in adopting this Policy, the City Council desires to reflect the dignity of the flags flown at City-owned or City-maintained facilities, as well as the role the Grover Beach City Hall as an inclusive gathering location and local symbol of government and democracy; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Grover Beach authorizes the display of the following commemorative flags on the dates specified below:
1) The official flag of the United States Army on June 14, 2023 2) The National League of Families Prisoner of War/Missing in Action flag on September 15, 2023
3) The official flag of the United States Marine Corps on November 10, 2023 BE IT FURTHER RESOLVED that the foregoing recitations are true and correct and are included herein by reference as findings.
On motion by ______ seconded by _______, and on the following roll-call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a Regular meeting of the City Council of the City of Grover Beach, California this 12th day of June, 2023. __________________________________
KAREN BRIGHT, MAYOR
ATTEST:
_______________________________
WENDI SIMS, CITY CLERK
D R A F T
Attachment 1
1 CITY OF GROVER BEACH POLICY ON
DISPLAY OF FLAGS
Attachment 2
I. Purpose
A. The Grover Beach City Council desires to establish clear guidelines regarding:
1. The outdoor display of the United States Flag, the California State Flag, and the City of Grover Beach Flag at City facilities or City-owned or City-maintained flagpoles; and
B. In adopting this Policy, the City Council desires to reflect the dignity of the flags flown on flagpoles or displayed at City-owned or City-maintained facilities, as well as the role of the Grover Beach City Hall as an inclusive gathering location and local symbol of government and democracy.
C. In adopting this Policy, the City Council declares that flagpoles owned or maintained by the City of Grover Beach are not intended to serve as a forum for free expression by the public, but rather as a non-public forum for the display of the United States, State of California, City of Grover Beach, and any commemorative flag authorized by the City Council as an expression of the City Council's official sentiments (government speech).
II. Policy
A. Conformance with Federal and State Regulations. Flags shall be displayed in accordance with Federal and State statutes and regulations, including, but not limited to, United States Code, Title 4, Chapter 1 and California Government Code section 430 et seq., and this Policy.
1. Per California Government Code section 431(a), the Flag of the United States and the Flag of the State of California shall be prominently displayed upon or in front of public buildings of the City.
2. Per California Government Code section 434.7, any Flag of the United States or Flag of California that the City purchases must be made in the United States.
3. The United States Flag may only be flown at half-staff in accordance with the guidelines set forth at https://www.usa.gov/flag. The State of California Flag shall be flown at half-staff if the United States Flag is flown at half-staff or on order of the Governor.
B. City Facilities other than the Grover Beach City Hall. At facilities that the City owns or maintains (other than facilities maintained by other governmental entities), there may be one flagpole where the United States Flag shall be flown, and the State of California flag may be flown as described in this Section II, entitled Policy. 2 C. Grover Beach City Hall.
1. There shall be flagpoles at the Grover Beach City Hall to fly the following flags in the manner described below: Flag of the United States, Flag of the State of California, Flag of the City of Grover Beach, and any approved commemorative flag.
2. The City of Grover Beach Flag shall fly at half-staff if either the United States or California Flag is at half-staff. The Mayor may order the City of Grover BeachFlag to fly at half-staff at the death of a current or former City Council Member or current City staff member or a historically significant member of the community.
3. Commemorative Flag.
a. As expression of the City’s official government speech, the City Council may authorize the display of a commemorative flag to fly only at the Grover Beach City Hall flagpole.
b. The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Grover Beach City Council and another City Council member agrees to place the discussion to authorize such display on the agenda for a regular or special City Council meeting. Requests to fly a commemorative flag by members of the public will not be considered.
c. At a noticed and agendized City Council meeting, a majority of Council Members must agree to display the commemorative flag.
d. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty (30) consecutive days.
e. Commemorative flags must be either purchased by the City or temporarily donated for the City’s use and must be clean, without holes and tears, and be made of an all-weather fabric. Commemorative flags must be the same size or smaller than the United States and California flags that are flown.
The City will not be responsible for the condition of the commemorative flag once flown.
f. If any other flag is flown at half-staff, the commemorative flag will also be flown at half-staff.
g. A “commemorative flag” as defined in this Policy shall mean a flag that identifies with a specific historical event, cause, nation or group of people that the City Council chooses to honor or commemorate consistent with the City’s mission and priorities. The following are not allowed as Commemorative Flags and will not be considered by the City Council:
3 i. Flags of a particular religious movement or creed to avoid the appearance of City government endorsing religion or a particular religious movement or creed;
ii. Flags of a political party to avoid the appearance of City government endorsing a political party; and
iii. Flags advocating a certain outcome in an election.
III. Procedures
A. No other flag shall be placed above the United States Flag and no other flag shall be larger than the United States Flag. Other flags may be flown at the same heightand in the same size, in accordance with this Policy. Where both the United State Flag and the California State Flags are flown, they shall be of the same size.
B. Flags should be hoisted briskly and lowered ceremoniously. The United States Flagshould be hoisted first and lowered last.
C. Flags shall be displayed during operating hours on all days on which the City is open for business, and on national and State holidays. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness.
D. Flags shall not be displayed during inclement weather unless all-weather flags areused and are illuminated during darkness.
E. When flags are displayed on a single pole, the order from top to bottom shall be: the United States Flag, the California State Flag, and, if displayed, the City of Grover Beach Flag.
F. When the flags are flown from adjacent flag poles, the United States Flag shall beflown at the highest point of honor, which is the furthest point to the left from the standpoint of the observer ("the flag's right").
G. When a flag is displayed at half-staff, it shall first be hoisted to the peak for a moment and then lowered to half-staff position. Before being lowered at the end ofthe day or when taken down, the flags shall again be hoisted to the peak for a moment and then fully lowered.