R 5351 RESOLUTION NO. 5351
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA AUTHORIZING THE RECURRING ANNUAL
DISPLAY OF SPECIFIED COMMEMORATIVE FLAGS AT CITY HALL
AND HERITAGE SQUARE PARK
WHEREAS, the City Council desires to adopt a resolution, in accordance with its
existing Policy on the Display of Flags ("Flag Policy"), to authorize specific, qualifying
"commemorative flags"to be flown on a recurring annual basis; and
WHEREAS, the City Council desires to reflect the dignity of flags flown on City
flagpoles or displayed in front of City facilities, as well as the role of City Hall as an
inclusive gathering location and local symbol of government and democracy; and
WHEREAS, the City's flagpoles are not intended to serve as a forum for free
expression by the public, but rather for the display of federal, state, and City flags, and
any commemorative flag as may be authorized by the City Council as an expression of
the City's official sentiments; and
WHEREAS, the adoption of this Resolution is exempt from CEQA pursuant to
CEQA Guidelines Section 15061(b)(3), which is the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment
and CEQA•does not apply where it can be seen with certainty that there is no possibility
that the activity may have a significant effect on the environment; and
WHEREAS, the Supreme Court expressly held in the 2022 case Shurtleff v. City
of Boston that the First Amendment's "Free Speech Clause does not prevent the
government from declining to express a view," and "[w]hen the government wishes to
state an opinion, to speak for the community, to formulate policies, or to implement
programs, it naturally chooses what to say and what not to say"; and
WHEREAS, in accordance with applicable law and City's Flag Policy, the City may
take action to approve the flying of specific, qualifying commemorative flags as a form of
government (rather than private) speech; and
WHEREAS, pursuant to the City's Flag Policy,four(4) Council Members must vote
in favor of displaying the requested commemorative flag(s) for such action to be
successful, rather than a simple majority as is required for most Council actions; and
WHEREAS, the City desires to approve the annual flying of these specified flags
to commemorate important social and historical causes, and demonstrate the City's
commitment to diversity and inclusion.
RESOLUTION NO. 5351
PAGE 2
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. The City of Arroyo Grande does hereby resolve that the following
commemorative flags shall be flown as specified (images of which are set forth within the
Exhibit A), in accordance with the requirements and procedures set forth in the City's Flag
Display Policy:
• The Service Flag shall be flown during the month of May each year to
commemorate National Military Appreciation Month.
• The Pride Flag shall be flown during the month of June each year to commemorate
LGBTQ+ Pride Month.
• The Juneteenth Flag shall be flown during the Sunday-Saturday of the week during
which June 19th falls each year.
SECTION 3. The City Manager or their designee is responsible for ensuring the
proper implementation of the Flag Display Policy at all City facilities.
SECTION 4. This resolution shall be effective immediately.
On motion by Council Member Barneich, seconded by Council Member Secrest, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, Secrest, George, Guthrie, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 23rd day of April, 2024.
RESOLUTION NO.535 1
PAGE 3
0 ;,.�'''
CAREN - . Y R SSOM, MAYOR
ATTEST:
JE SICA MATSON, CITY CLERK
APPROVED AS TO CONTENT!
MATTHEW DOWNING CITY MANAGER
APPROVED A 0 FORM:
IS ' • 0? +SE , CITY TTORNEY
RESOLUTION NO. 5351
PAGE 4
EXHIBIT A
PICTURES OF COMMEMORATIVE FLAGS
A. Commemorative Flag Marking Military Appreciation Month
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B. Commemorative Flag Marking LGBTQ+ Pride Month
C. Commemorative Fla. Markin. Juneteenth
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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. 5351 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 23rd day of April, 2024.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2nd day of
May, 2024.
SSICA MATSON, CITY CLERK