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HomeMy WebLinkAboutResolution 2022-093 N.C.S. 06/06/2022 DocuSign Envelope ID:AE38B657-EABC-4ADB-9476-5EF6DFF40078 Resolution No. 2022-093 N.C.S. of the City of Petaluma, California ADOPTING THE CITY OF PETALUMA'S DISPLAY OF FLAGS AT CITY FACILITIES POLICY WHEREAS,the City flies the National, State and City flags on flagpoles on City-owned properties, such as at City Hall; and WHEREAS, the City also desires to establish a uniform policy governing the display of commemorative flags on City-owned flagpoles on City property; and WHEREAS, the U.S. Constitution does not require that the City freely grant access to all persons wishing to exercise free speech on every type of City property without regard to the property's nature or the disruption that might be caused by the speakers' activities; and WHEREAS, the government can create designated and limited public forums for free speech on public property that is not a traditional public forum by opening the property for expressive activity by part or all of the public; however, such designated or limited public forums are not created by inaction, or by permitting limited discourse, but only by intentionally opening a nontraditional forum for public discourse; and WHEREAS, the City Council has taken no action to intentionally open its flagpoles as a traditional public forum for free speech, or as a forum for public discourse; and WHEREAS, the proposed action is not a "project" within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, because it is an administrative activity that has no potential for resulting in physical change in the environment, in that the Policy determines the procedures for displaying flags at already existing flag poles at already City facilities; and if this action were a"project" under CEQA, it would be exempt pursuant to Section 15301 of the CEQA Guidelines, as displaying flags on flagpoles is a minor alteration of existing public facilities,with negligible or no expansion of existing or former use. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Petaluma hereby: l. Declares that the above recitals are true and correct incorporates them herein as findings of the City Council. 2. Finds that adopting a Petaluma Display of Flags at City Facilities Policy, and ratifying display of the Pride Flag and approving the display of the Prisoner of War flag are not "projects" within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, because the actions are administrative activity that has no potential for resulting in physical change in the environment, in that the Policy determines the procedures for displaying flags at already existing flag poles at already City facilities, and the approval actions authorize displaying particular flags at such locations. If these actions were a "project" under CEQA, they would be exempt pursuant to Section 15301 of the CEQA Guidelines, as displaying flags on flagpoles is a minor alteration of existing public facilities,with negligible or no expansion of existing or former use. 3. Adopts the City of Petaluma Display of Flags at City Facilities Policy, attached hereto and made a part hereof as Exhibit A as a City policy reserving flagpoles on City property for government speech and expression of City messages in accordance with the Policy. Resolution No. 2022-093 N.C.S. Page 1 DocuSign Envelope ID:AE38B657-EABC-4ADB-9476-5EF6DFF40078 4. Authorizes the display of the Pride Flag during the month of June at City facilities and also display of the Prisoner of War Flag at City facilities on specified dates as government speech of the City. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 6'day of June 2022, Docusigned�i m: by the following vote: u City Attorney AYES: Mayor Barrett,Vice Mayor Pocekay,Barnacle,Fischer,Healy,King,McDonnell NOES: None ABSENT: None ABSTAIN: None Doa.Signed by: F ocuSigned�Qb.,y: ATTEST: � VY Sa ba+'Y LllI I City Clerk Mayor1ozEseasFazE... Resolution No. 2022-093 N.C.S. Page 2 DocuSign Envelope ID:AE38B657-EABC-4ADB-9476-5EF6DFF40078 �ALU� v I85g' City of Petaluma Display of Flags at City Facilities Policy 1. Purpose The purpose of this Policy is to establish guidelines for the display of flags at City facilities. In adopting this Policy, the City Council declares that City flagpoles or other areas where flags may be displayed at City Facilities are not intended to be and shall not serve as a forum for free expression by the public. The display of flags at City Facilities is solely intended to serve as an expression of the City's government speech and its official sentiments. This Policy applies to all City Facilities and employees, officers, and agents of the City. 2. Definitions A. "California Flag" - The State Flag of California Flag (also known as the "Bear Flag"), as defined by California Government Code Section 420. B. "City Facility" -Any real property that is owned, operated, or maintained by the City. C. "City Flag" - The official flag of the City of Petaluma, as defined by California Government Code Section 435. D. "Commemorative Flag" - Any flag other than the U.S. Flag, the California Flag, or City Flag. E. "City Manager"—The Petaluma City Manager or a designee of the City Manager. F. "POW/MIA Flag" - The flag of the National League of POW/MIA Families, as defined by California Military and Veterans Code Sections 1830 and 1831. II i Q x G. "Pride Flag" - Means the flag depicted below as a symbol for LGTBQIA+rights, or a variation. Resolution No. 2021-093 N.C.S. DocuSign Envelope ID:AE38B657-EABC-4ADB-9476-5EF6DFF40078 M� H. "Sister City"—Means the flag of any city that the Petaluma City Council designates by resolution or other agreement as a sister city. I. "U.S. Flag" - The flag of the United States, as defined by 4 United States Code Section 1. 3. Compliance with Applicable Law Flags shall be displayed at City Facilities in accordance with this Policy and with all applicable federal and state law and local rules, including but not limited to Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California Government Code. 4. Displaying the U.S. Flag, California Flag, and City Flag A. The City shall display the U.S. Flag and the California Flag at City Facilities. B. The City Manager may display the City Flag at City Facilities. 5. Authorization of Commemorative Flags A. Commemorative Flags for which the City Council has provided authorization by resolution may be displayed on flagpoles on City Facilities in accordance with this Policy. Such Commemorative Flag displays shall constitute "government speech" (as that phrase is used in People for the Ethical Treatment of Animals, Inc. v. Gittens (2005) 414 F.3d 23). The display of Commemorative Flags on City Facilities pursuant to this Policy shall solely serve as expression of the City's official sentiments and shall not create or constitute a forum for public expression. B. The City Council may consider adoption of a resolution to authorize display of a Commemorative Flag at a duly noticed public meeting in accordance with this Policy. Such authorization will include a description of the Commemorative Flag to be displayed and the approved dates for display of the Commemorative Flag. The City Council authorization to display a Commemorative Flag may specify a single authorized display period that expires at the conclusion of the period as specified in the authorization, or may add Commemorative Flags to the list of Preapproved Commemorative Flags that are authorized for display as specified in the authorization and in Section 6 of this Policy until the authorization expires or is rescinded. Resolution No. 2022-093 N.C.S. DocuSign Envelope ID:AE38B657-EABC-4ADB-9476-5EF6DFF40078 C. Commemorative Flag(s)that the City Council authorizes pursuant to this Policy are authorized for display at all City Facilities unless the City Council's authorization action provides otherwise. D. Resolutions authorizing the display of a Commemorative Flag shall evidence compliance with the requirements of this Policy, and specify the City message intended to be communicated by display of the Commemorative Flag and the authorized dates, and if applicable, authorized City Facilities for display of the Commemorative Flag. E. Nothing in this Policy is intended to or shall apply to affect or prohibit in any way the rights of any person to display flags on private property under the person's control or to wear or carry a flag, subject to all applicable laws, including the City of Petaluma Implementing Zoning Ordinance. 6. Pre-Approved Commemorative Flags A. The City Manager may display the Pride Flag during the month of June. The City Council's intended message of displaying the Pride Flag is a message in support of all people, regardless of gender and sexual orientation, feeling safe and comfortable to be their authentic selves, express themselves freely,be supported, and be treated with respect. Additionally, display of the Pride Flag is intended to communicate a message of solidarity and awareness of the LGTBQIA+ civil rights movement and the need for increased visibility and equality of LGTBQIA+people as a social group, and as a celebration of people coming together in love and friendship. B. The City Manager may display the POW/MIA Flag at City Facilities as a symbol of the City's commemoration and recognition of the sacrifices of those members of the United States Armed Forces, as well as nonmilitary personnel and civilians from the United States, who remain prisoners of war or are missing in action. The City Manager may display the POW/MIA Flag on City Facilities six days each year: Armed Forces Day, Memorial Day, Flag Day, Independence Day,National POW/MIA Recognition Day and Veterans Day. The City's intended message of displaying the POW/MIA Flag is reflected in the 101st Congress' passage on August 10, 1990 of US Public Law 101-355, which recognized the POW/MIA flag and designated it "the symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation." C. The City Manager may display Commemorative Flags for the City's sister cities to commemorate events involving one or more sister city. 7. Order of Display of Flags Flags shall be displayed at City Facilities in the following order from top to bottom and right to left: A. The United States Flag shall be displayed in the first position of honor. B. The California State Flag shall be displayed in the second position of honor. Resolution No. 2022-093 N.C.S. DocuSign Envelope ID:AE38B657-EABC-4ADB-9476-5EF6DFF40078 C. The City Flag shall be displayed in the third position of honor. D. The POW/MIA Flag shall be displayed in the fourth position of honor. E. Other Commemorative Flags shall be displayed in the fifth and subsequent positions of honor. Resolution No. 2022-093 N.C.S.