HomeMy WebLinkAboutResolution 2023-104 N.C.S. 07/10/2023 DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-lEB4AlAC8205
Resolution No. 2023-104 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO DISPLAY THE JUNETEENTH FLAG FOR THE
MONTH OF DUNE AT ALL CITY FACILITIES IN ACCORDANCE WITH THE CITY OF
PETALUMA'S DISPLAY OF FLAGS AT CITY FACILITIES POLICY
WHEREAS, Juneteenth, also known as Freedom Day or Emancipation Day, is an important holiday
celebrated on June 19th each year in the United States; and
WHEREAS, Juneteenth commemorates the emancipation of enslaved African Americans and serves as a
symbol of freedom and equality; and
WHEREAS,Juneteenth holds historical significance as it marks the day in 1865 when Union General Gordon
Granger arrived in Galveston, Texas, to announce the end of slavery,two and a half years after the Emancipation
Proclamation was issued; and
WHEREAS, Juneteenth is a time to reflect on the struggles and resilience of African Americans throughout
history and to honor their contributions to society; and
WHEREAS, the Juneteenth Flag, shown below, is a symbol for the Juneteenth holiday in the United States;
and
WHEREAS,the Juneteenth Flag's colors and symbols embody the concepts of freedom and the abolition of
slavery; and
WHEREAS,the date featured on the flag signifies an important historical event known as General Order No.
3, which was issued in Galveston, Texas in 1865; and
WHEREAS, on June 6, 2022, City Council adopted Resolution 2022-093 N.C.S. which adopted the City of
Petaluma Display of Flags at City Facilities Policy(Petaluma Flag Policy); and
WHEREAS, the purpose the Petaluma Flag 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"; and
WHEREAS,pursuant to the City's Flag Policy,"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) and 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"; 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
Resolution No. 2023-104 N.C.S. Page 1
DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-1EB4A1AC8205
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,this item 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 this resolution authorizes the displaying of flags at already existing
flag poles at already City facilities; and
WHEREAS,if this action were a"project under CEQA, it would be exempt from CEQA pursuant to Section
15301 of the CEQA Guidelines, as placing 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:
1. Declares that the above recitals are true and correct are incorporated herein as findings of City Council.
2. Finds that this item 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 this resolution authorizes the
displaying of flags at already existing flag poles at already City facilities. If this action were a"project
under CEQA, it would be exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines, as
placing flags on flagpoles is a minor alteration of existing public facilities, with negligible or no
expansion of existing or former use.
3. Authorizes pursuant to the City of Petaluma Display of Flags at City Facilities Policy the City Manager
to fly the Juneteenth Flag, shown below, for the month of June at all City Facilities as government
speech, and adds the Juneteenth Flag to the list of Preapproved Commemorative Flags listed on the
City's Flag Policy.
4. Declares that by displaying the Juneteenth Flag, the City's message is to emphasize the
flag's importance as a visual representation of the Juneteenth holiday, honoring the end of slavery and
celebrating the emancipation of enslaved African Americans in the United States. Additionally, that
Juneteenth is a time to reflect on the struggles and resilience of African Americans throughout history
and to honor their contributions to society. The Juneteenth Flag and holiday not only acknowledges the
past but also serves as a reminder of the ongoing fight for equality and the importance of unity in
creating a more inclusive and just society.
Resolution No. 2023-104 N.C.S. Page 2
DocuSign Envelope ID: 1291C5BA-ClC3-442F-8141-lEB4AlAC8205
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 10'day of July 2023, Docusignea€qrm:
by the following vote: �Q,
City Attorney
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: II DocuSignend,by:
ATTEST:
FF-3-1fr449A&&241'
City Clerk Mayor
Resolution No. 2023-104 N.C.S. Page 3