R 5083 RESOLUTION NO. 5083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A FLAG DISPLAY
POLICY
WHEREAS, the City of Arroyo Grande currently displays the United States Flag and the
State of California Flag at the Arroyo Grande City Hall; and
WHEREAS, the City of Arroyo Grande does not have a policy regarding the display of
flags; and
WHEREAS, the City Council desires to establish a policy that provides guidance and
standards for the outdoor display of flags at City facilities, including commemorative flags
other than the United States flag, the State of California flag, and City flags; 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 of the Arroyo
Grande City Hall as an inclusive gathering location and local symbol of government and
democracy; and
WHEREAS, in adopting this flag display policy, the City Council declares that flags and
flagpoles owned or maintained by the City of Arroyo Grande are not intended to serve as
a forum for free expression by the public, but rather as a nonpublic forum for the display
of the United States flag, the State of California flag, City flags, and any commemorative
flag authorized by the City Council as an expression of the City Council's official
sentiments (government speech); and
WHEREAS, in adopting this Policy, the City Council declares that the following flags shall
not be considered commemorative flags that can be displayed or flown on City owned or
maintained flagpoles: 1) flags of a particular religious movement or creed to avoid the
appearance of City government endorsing religion or a particular religious movement or
creed; 2) flags of a political party to avoid the appearance of City government endorsing
a political party; and 3) flags advocating a certain outcome in an election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The recitals set forth herein are true, correct and incorporated herein by this
reference.
2. The City of Arroyo Grande Policy on Display of Flags, attached hereto as
Exhibit A and incorporated herein by reference, is hereby adopted.
3. This Resolution shall be effective immediately upon its adoption.
RESOLUTION NO. 5083
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On motion by Council Member Barneich, seconded by Council Member George, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, George, Storton, Paulding, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 25th day of May, 2021.
RESOLUTION NO. 5083
PAGE 3
I .
CAREN RAY R .SOM, MAYOR
ATTEST:
11,
J SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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..._ I) r t
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WHITNEY M ONALD, ITY MANAGER
APPROVED AS TO FORM:
7 TIMOTH J. CARMEL, CITY ATTORNEY
EXHIBIT A
CITY OF ARROYO GRANDE POLICY ON
DISPLAY OF FLAGS
I. Purpose
A. The Arroyo Grande 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 Arroyo Grande Flag at City facilities or City-owned or City-maintained
flagpoles; and
2. The outdoor display of commemorative flags at the Arroyo Grande City Hall and
Heritage Square Park.
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 Arroyo Grande 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 Arroyo Grande 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 Arroyo Grande, 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/flaq. 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 Arroyo Grande 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 Section II.
C. Arroyo Grande City Hall.
1. There shall be flagpoles at the Arroyo Grande 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 Arroyo Grande, and any approved commemorative
flag.
2. The City of Arroyo Grande 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 Arroyo Grande
Flag 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 Flaq.
a. As expression of the City's official government speech, the City Council may
authorize the display of a commemorative flag to fly at the Arroyo Grande
City Hall and the Heritage Square Park 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 Arroyo Grande 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, four (4) 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 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:
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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.
Ill. 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 height
and 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 Flag
should 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 are
used 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
Arroyo Grande Flag.
F. When the flags are flown from adjacent flag poles, the United States Flag shall be
flown 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 of
the day or when taken down, the flags shall again be hoisted to the peak for a
moment and then fully lowered.
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OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5083 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 25th day of May, 2021.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of
May, 2021.
J SSICA MATSON, CITY CLERK