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HomeMy WebLinkAboutReso - CC - 014-2022DocuSign Envelope ID: D0093904-6BC9-4448-B503-2D92FFCFC329 RESOLUTION NO. 014-2022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING THE CITY'S OUTDOOR FLAGPOLE DISPLAY POLICY WHEREAS, the City Council of the City of Burlingame desires the ability to display commemorative and ceremonial flags on City -owned flagpoles as an expression of the City Council's official sentiments; and WHEREAS, the City's flagpoles are not intended to serve as forums for free speech or expression by the public, and are intended only to display commemorative or ceremonial flags that express the official sentiment of the City Council, as determined by a flagpole display policy adopted by the City Council; and WHEREAS, to ensure the proper administration and display of all flags on City -owned flagpoles, the City Council wishes to establish and adopt an Outdoor Flagpole Display Policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: Section 1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference. Section 2. The City Outdoor Flagpole Display Policy, attached hereto as Exhibit A, is approved and adopted. Section 3. The City Manager is authorized to make any revisions, amendments, corrections and modifications to the Outdoor Flagpole Display Policy, subject to the approval of the City Attorney, deemed necessary to carry out the intent of this Resolution and which do not materially alter the Council's approval of this Policy. Section 4. The City Manager is authorized to take any other related actions consistent with the intention of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Ricardo Ortiz, Mayor DocuSign Envelope ID: D0093904-6BC9-4448-B503-2D92FFCFC329 I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 22nd day of February, 2022 by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Meaghan Hassel Shearer, City Clerk 2 DocuSign Envelope ID: D0093904-6BC9-4448-B503-2D92FFCFC329 EXHIBIT A City of Burlingame Outdoor Flagpole Display Policy The City Council of the City of Burlingame hereby establishes and adopts the City of Burlingame's Outdoor Flagpole Display Policy ("Policy"), which controls the display of all flags on City -owned flagpoles located at: • City Hall • Main Library • Easton Library • Public Works Corporation Yard • Police Station • Adjacent to Lot V (in front of the Burlingame train station) • Burlingame Community Center • Bayside Park This Policy includes the outdoor display of all Federal, State and City flags, as well as the display of commemorative and/or ceremonial flags. In adopting this Policy, the City Council declares that the City of Burlingame's flagpoles are not a public forum for free speech or expression for the public. By adopting this Policy, it is the intent of the City Council not to establish a public forum on City -owned flagpoles. Any commemorative or ceremonial flag displayed on City -owned flagpoles must be authorized by an affirmative vote of at least four City Councilmembers, and therefore will be flown as an expression of the City Council's official sentiments. Policy I. Standards All flags flown on City -owned flagpoles shall be flown in accordance with all Federal, State and local rules and regulations. This provision includes compliance with Title 4, Chapter 1 of the United States Code, Sections 430-439 of the California Government Code, and this Policy. II. Procedure A. Federal, State and City Flags 1. Outdoor flags will be flown on City -owned flagpoles in the following order of precedence: first, the United States flag; second, the California State flag; and third, the Burlingame City flag. 2. Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last. 3. Flags should not be displayed in inclement weather. However, all- weather flags may be flown on a 24-hour basis as long as they are illuminated from sunset to sunrise. B. Commemorative and Ceremonial Flags The City's flagpoles are not intended to serve as a public forum for free speech or expression by the public. A request to fly a commemorative or ceremonial flag must be made by at least two (2) City Councilmembers 3 DocuSign Envelope ID: D0093904-6BC9-4448-B503-2D92FFCFC329 during a duly -noticed meeting by the City Council, and the request will be voted upon by the City Council at a later, duly -noticed City Council meeting. All requests to fly a commemorative or ceremonial flag must receive an affirmative vote of at least four (4) City Councilmembers to be approved. 2. Commemorative or ceremonial flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated or celebrated, but shall not exceed thirty-one (31) continuous calendar days. 3. All commemorative and ceremonial flags will be displayed on City flagpoles in the last position, under all Federal, State and City flags. 4