HomeMy Public PortalAboutR2019-109RESOLUTION R2019-109
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NAPA, STATE OF CALIFORNIA, APPROVING THE
DISPLAY OF FLAGS POLICY, THE OFFICIAL CITY FLAG,
AND THE INSTALLATION OF NEW FLAGPOLES IN
FRONT OF CITY HALL; AND APPROVING AN INCREASE
IN APPROPRIATIONS OF $22,100 TO THE NON-
RECURRING GENERAL FIND BUDGET
WHEREAS, the City displays the Flag of the United States and the Flag of the
State of California at City facilities in conformance with Federal and State law, including
United States Code Title 4, Chapter 1, and California Government Code Sections 430
through 439; and
WHEREAS, the City has an existing City Flag (which is the official flag of the City
of Napa in accordance with California Government Code Section 435) that is based on
an outdated logo; and the City has an interest in updating the City Flag to be consistent
with the current City Logo, which was adopted by the City Council on May 19, 2019,
Resolution No. 2015-055 (see Exhibit "B"); and
WHEREAS, the City Council has expressed a desire to authorize the
communication of City messages through the display of commemorative flags on
flagpoles in front of City Hall, and the City intends these communications to be
government speech" (as that phrase is used in People for the Ethical Treatment of
Animals, Inc. v. Gittens (2005) 414 F.3d 23); and
WHEREAS, a Display of Flags Policy (see Exhibit "A") has been drafted to
document the policies by which the City will display flags on City facilities, including the
policies by which City staff will implement Council's desire to display commemorative
flags at City Hall; and
WHEREAS, in order to implement Council's desire to display commemorative
flags at City Hall, staff has identified the need to erect new flagpoles at City Hall and the
costs for these flagpoles were not anticipated in the FY2019/20 Adopted Budget; and
WHEREAS, the City Council has considered all information related to this matter,
as presented at the public meetings of the City Council identified herein, including any
supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa,
as follows:
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1. The City Council hereby finds that the facts set forth in the recitals to this
Resolution are true and correct, and establish the factual basis for the City
Council's adoption of this Resolution.
2. The City Council hereby approves, the Display of Flags Policy, attached hereto
as Exhibit "A," and incorporated herein by reference.
3. The City Council hereby approves the "City Flag" (as depicted on Exhibit "B,"
attached hereto and incorporated herein by reference) as the City's "official flag"
in accordance with California Government Code Section 435.
4. The City Council hereby authorizes the City Manager to cause the installation of
two new flagpoles in front of City Hall.
5. The City Council hereby approves an increase in appropriations to the Non-
Recurring General Fund budget in the amount of$22,100 (49320-57301)
6. In accordance with Resolution R2016-162, the City Council hereby: (a)
authorizes the City Manager to designate the Display of Flags Policy, and the
approval of the City Flag, as a City Council Policy Resolution; and (b) directs the
City Clerk to organize and publish the resolution as part of the City Council Policy
Resolutions.
7. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Napa at a public meeting of said City Council held on the 17th day
of September, 2019 by the following vote:
AYES: Luros, Sedgley, Alessio, Gentry, Techel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Tiffany Carr za
City Clerk
Approved as to form:
Michael W. Barrett
City Attorney
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Page 2 of 6
y Hall, staff
has identified the need to erect new flagpoles at City Hall and the costs for these flagpoles were
not anticipated in the FY2019/20 Adopted Budget; and WHEREAS, the City Council has
considered all information related to this matter,as presented at the public
meetings of the City Council identified herein, including any supporting reports by City Staff,
and any information provided during public meetings.NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Napa,as follows:R2019-109 Page
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2 September 17,2019 Page 1 of 6
EXHIBIT A
DISPLAY OF FLAGS POLICY
1. Purpose and Scope: This Policy Resolution entitled "Display of Flags Policy" may be
referred to herein as "this Policy." The purpose of this Policy is to establish guidance for the
display of flags at City Facilities, including the display of commemorative flags.
2. Definitions: The following definitions shall apply to this Policy:
California Flag" means the State Flag of California (also known as the "Bear Flag"), as defined
by California Government Code Section 420.
City Facility" means any real property that is owned or operated by the City at which Flag Law
requires the City to display the U.S. Flag or the California Flag.
City Flag" means the official flag of the City of Napa, as defined by California Government
Code Section 435, and as established by City Council resolution.
Commemorative Flag" means any flag other than the U.S. Flag, the POW/MIA Flag, the
California Flag, or the City Flag.
Flag Law" means the applicable laws and policies of the federal government, the State of
California, and the City of Napa, including: (a) U.S. Code Title 4, Chapter 1; (b) California
Government Code Sections 420 and 430 — 439; and (c) and the City of Napa, including this
Policy.
POW/MIA Flag" means the flag of the National League of POW/MIA Families, as defined by
California Military and Veterans Cod Sections 1830 and 1831.
U.S. Flag" means the flag of the United States, as defined by 4 USC 1.
3. Implementing Compliance with Flaq Law through Administrative Regulations:
3.1. Each flag that is authorized or required to be displayed at a City Facility in accordance
with this Policy shall be displayed in accordance with Flag Law.
3.2. The City Manager is hereby authorized to establish and maintain written administrative
regulations to document the procedures by which City staff will display flags in
accordance with Flag Law.
4. Displaying the U.S. Flag, POW/MIA Flaq, California Flaq, and City Flag:
4.1. The City shall display the U.S. Flag and the California Flag at City Facilities.
4.2. The City Manager is hereby authorized to display the POW/MIA Flag at Veteran's Park
and the City's Corporation Yard, 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.
4.3. The City Manager is hereby authorized to display the City Flag at City Facilities.
Display of Flags Policy Page 1 of 2
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EXHIBIT A
DISPLAY OF FLAGS POLICY
5. Displaying Commemorative Flags:
5.1. The City shall display Commemorative Flags at City Facilities as "government speech"
as that phrase is used in People for the Ethical Treatment of Animals, Inc. v. Gittens
2005) 414 F.3d 23), only to extent that City Council has adopted a resolution to
authorize City staff to implement the communication of a particular City message, in
accordance with this Policy.
5.1.1. Any member of City Council may request the City Manager to schedule
an action to be taken by the City Council, at a duly noticed public meeting, to
consider approval of a resolution to authorize the display of a Commemorative
Flag in accordance with this Policy.
5.1.2. The only City Facility at which a Commemorative Flag is authorized to be
displayed is at a flagpole in front of City Hall.
5.1.3. No more than one Commemorative Flag will be displayed at a time.
5.1.4. The dates for display of a Commemorative Flag shall be reasonably
related to the City message that is intended to be communicated.
5.1.5. The resolution authorizing the display of a Commemorative Flag shall
document compliance with all elements of this Policy, including: (a) the City
message to be communicated, and (b)the dates for display of the flag.
5.2. The City Council hereby authorizes the City Manager to display a Commemorative Flag
for one of the City's Sister Cities to commemorate an event involving the sister city. The
dates for the display shall correspond to the event being commemorated. The current
list of official Sister Cities for the City of Napa include: Launceston, Tasmania, Australia;
Iwanuma, Japan; and Casablanca Valley, Chile.
Display of Flags Policy Page 2 of 2
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e regulations to document the procedures by which City staff will
display flags in accordance
with Flag Law.4. Displaying the U.S. Flag, POW/MIA Flaq, California Flaq,
and City Flag:4.1. The City shall display the U.S. Flag and the California Flag
at City Facilities.4.2. The City Manager is hereby authorized to display the POW/MIA Flag at
Veteran's Park and the City's Corporation Yard, 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.4.3. The City Manager is hereby authorized to display the City Flag
at City Facilities.Display of Flags Policy Page
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2 R2019-109 Page
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