PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 05/06/2024
SUBJECT:
TITLE
CONSIDER REQUEST FROM COUNCILMEMBER RITA XAVIER TO FLY A COMMEMORATIVE FLAG AT THE CITY HALL FLAG POLE FOR THE MONTH OF JUNE 2024 RECOGNIZING LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUESTIONING COMMUNITY (LGBTQ) PRIDE MONTH
CEQA: This proposed action is not a project as defined by CEQA.
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CITY MANAGER RECOMMENDATION
Recommendation
The City Manager recommends that the City Council formally consider the commemorative flag request from Councilmember Xavier in accordance with the adopted City of San Pablo Policy on Display of Flags requirements adopted via Resolution 2020-061 on May 18, 2020 and take action on that request and/or provide further direction by majority vote via minute order.
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Compliance statements
FY 2024-25 Council Priority Workplan Compliance Statement
Under Major Policy Goal: Enhance Community Resilience: Policy No. 101 - Continue development of multi-diversity, equity and inclusion practices in all City programs and services; and Policy No. 205 - Promote civic engagement and awareness in all City programs/services are adopted policy items under the FY 2024-25 Council Priority Workplan, effective May 1, 2024.
BACKGROUND
On May 18, 2020, the City Council adopted Resolution 2020-061 which authorized a new City of San Pablo Policy on Display of Flags for City Hall flagpole(s), and set forth procedures for such formal requests as the need arises (see Attachments).
Procedurally, as outlined in the attached adopted policy under Section 2.C.3.b, the City Council will consider a request to display a commemorative flag for no longer than thirty (30) continuous days, but only if a request is made by a member of the San Pablo City Council, and a majority of the City Council agrees to place the item for discussion and consideration on a future City Council meeting agenda. Requests to fly a commemorative flag by members of the public are not permitted to be considered under the policy.
LGBTQ Rainbow Flag Request for June 2024
At the end of the April 15, 2024 regular City Council meeting, on a motion made by Councilmember Xavier and duly seconded by Vice-Mayor Ponce, the City Council approved by majority vote to formally consider flying a Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ) community rainbow flag at the City Hall Flagpole for the month of June 2024 in recognition of LGBTQ Pride Month to symbolize the City’s celebration of multi-ethnic and cultural diversity, and support for the LGBTQ community. This item has been placed on this evening’s agenda pursuant to that direction.
If the City Council approves the request to fly the LGBTQ flag for the month of June by majority vote, the commemorative flag shall be displayed on a City Hall flagpole during that period of time.
Commemorative Flag Display Policy for City Hall Flagpoles
Pursuant to Section 2.C.3 of the adopted policy, all Commemorative Flags flown at City Hall flagpoles must adhere to the following policy requirements:
a. As expression of the City’s official government speech, the City Council may authorize the display of a Commemorative Flag to fly below the City of San Pablo flag at the San Pablo City Hall flagpoles only.
b. The City Council shall only consider a request to display a Commemorative Flag if the request is made by a member of the San Pablo City Council and a majority of the City Council members agrees to place the discussion 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 fly 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) continuous days.
e. Commemorative Flags must be temporarily donated for the City’s use and 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, California and San Pablo flags that are flown. The City will not be responsible for the condition of the Commemorative Flag once flown and may dispose of any Commemorative Flags not picked up within 30 days after it has been flown. The City will not purchase Commemorative Flags to fly on the City Hall flagpole.
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 choses 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:
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.
FISCAL IMPACT
There is no fiscal impact associated with this item. A commemorative LGBTQ rainbow flag was privately-donated to the City of San Pablo, and that flag meets the City’s current adopted policy requirements for commemorative flags to be flown at City Hall Flagpoles once approved by the City Council.
Attachments:
Att A - City of San Pablo Policy on Display of Flags (Adopted 05/18/20)
Att B - City Council Adopted Resolution 2020-061