HomeMy WebLinkAbout6/16/2026 Item 7c, Hermann, Pennon, and Vethavanam - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 16, 2026
TO: Mayor and Council
FROM: Greg Hermann, Deputy City Manager
Prepared By: Matt Pennon, Diversity, Equity and Inclusion Manager
Samantha Vethavanam, Diversity, Equity, and Inclusion Admin Specialist
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 7C. – ANNUAL UPDATE ON THE IMPLEMENTATION OF THE
DIVERSITY, EQUITY, AND INCLUSION STRATEGIC PLAN
Staff received the following questions regarding a potential flag policy that would fall
underneath the purview of the Office of Diversity, Equity, and Inclusion. The questions
are in bold below with staff’s response shown in italics:
1) Data or anecdotes on the importance of a standing flag policy versus other
visible representation (i.e. painted crosswalk or other Pride month
installations).
At this time, staff would need City Council direction before beginning a more
comprehensive staff review of flag policies and alternative forms of representation
including any associated resource needs.
There is value in all visible forms of representation, such as flags, painted
crosswalks, banners, umbrellas, public art, and cultural installations, or other
community-focused displays. The right approach for each community is ultimately
a policy choice for each governing body.
A flag policy can provide clarity, consistency, and a defined process for the display
of flags on City-owned flagpoles. A standing flag policy may also reduce the need
for recurring annual discussions regarding the display of specific commemorative
flags and provide greater clarity regarding the City's intent and process for flag
displays. A few local jurisdictions have adopted policies that establish clear criteria
for commemorative flag displays, identify authorized flags, and create recurring
approval processes for annual observances.
Item #7c – Annual Update on the Implementation of the DEI Strategic Plan Page 2
Should the City Council wish to explore this topic further, staff would research
policies and practices from other jurisdictions regarding representation during
Pride Month, identify potential approaches and considerations, evaluate
operational and legal implications in coordination with the City Attorney's Office,
and complete a memo with options for Council consideration and direction. This
effort could be completed by the end of this calendar year with minimal disruption
to planned work with support from Office of Diversity, Equity and Inclusion interns
and fellows.
2) Models of flag policies that avoid continuous review.
Locally, the City of Arroyo Grande has adopted a flag policy (Attachment A) that
may serve as a useful model for the City to review when considering the
development of our own standing flag policy.
One notable aspect of Arroyo Grande’s approach is that it establishes clear criteria
and procedures for commemorative flag displays while also authorizing certain
recurring annual observances (Military Appreciation Month in May, Pride Month in
June, and Juneteenth on June 19). This reduces the need for City Council to revisit
the same requests each year and provides greater consistency, predictability, and
transparency regarding when commemorative flags may be displayed.
As part of any future research effort, staff could review Arroyo Grande's policy, as
well as policies from other jurisdictions, to identify best practices, evaluate legal
and operational considerations, and determine what approach would best meet
the needs of the community while aligning with the direction of the City Council.
3) Capacity for the department to take on the research and implementation of
said policy.
Should the City Council wish to direct staff to research and develop a flag policy
specifically, the Office of Diversity, Equity and Inclusion would need to shift the
current workload and priorities to support the effort. The development of a flag
policy would require staff time for research, review of policies from other
jurisdictions, coordination with the City Attorney's Office and City Manager's Office,
stakeholder outreach as directed, policy development, preparation of Council
materials, and implementation planning.
While staff could incorporate this work into the Office's workplan, doing so may
require adjusting timelines for existing projects and initiatives. To assist Council in
understanding the impacts on staff capacity, the list below identifies current and
planned projects that would experience delays, modified timelines, or reduced staff
support should a flag policy become a priority work item.
Item #7c – Annual Update on the Implementation of the DEI Strategic Plan Page 3
Identified Projects List:
• 1.1.17. Partner with veteran-based organizations to identify
opportunities for learning for City departments and the public.
• 1.1.19. Work with community organizations to provide additional
resources and training to staff engaging with elderly populations to support
inclusive engagement structures.
Should the City Council wish to pursue a policy, staff would welcome direction
regarding the scope, priorities, and desired outreach of such an effort. Staff would
anticipate returning to City Council with a recommended policy in the first quarter
of 2027.
ATTACHMENT
A – City of Arroyo Grande Memo & Resolution Authorizing Commemorative Flag Displays
Item Click or tap here to enter text.
MEMORANDUM
TO: City Council
FROM: Matthew Downing, City Manager
BY: Isaac Rosen, City Attorney
SUBJECT: Review and Adoption of a Resolution Authorizing the Recurring
Annual Display of Specified Commemorative Flags at City Hall and
Heritage Square Park
DATE: April 23, 2024
SUMMARY OF ACTION:
Adoption of this Resolution by 4/5 of the City Council will authorize the City, in accordance
with the Flag Policy adopted in May of 2021, to fly certain specified flags on an annually
recurring basis at City Hall and Heritage Square Park for a period not to exceed thirty (30)
days. The flags considered as part of this Resolution include: the Military Service
commemorative flag in the month of May; the Pride commemorative flag in the month of
June; and a commemorative flag for Juneteenth (the Sunday-Saturday of the week during
which June 19th of each year falls).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is minimal financial impact and impact on personnel resources related to
authorizing the display of the specified commemorative flags on a recurring annual basis.
RECOMMENDATION:
Adopt a Resolution authorizing the City to display the commemorative flags specified
therein on a recurring annual basis, in accordance with all policies and procedures
established in the City’s adopted Flag Policy.
BACKGROUND:
In May 2021, the City Council adopted a policy governing the display of flags at City Hall
and other City facilities. In accordance with this policy and with applicable law, staff is
presenting this Resolution to authorize the City to fly, on an annually recurring basis,
certain specified flags as requested by City Council members, which include:
Item Click or tap here to enter text.
City Council
Review and Adoption of a Resolution Authorizing the Recurring Annual Display
of Specified Commemorative Flags at City Hall and Heritage Square Park
April 23, 2024
Page 2
A. Commemorative Flag Marking Military Appreciation Month (May)
In 1999, the United States Senate passed a resolution designating May as National
Military Appreciation Month. In connection with this remembrance, the City desires to
approve the flying of the “Service Flag” during the month of May each year.
B. Commemorative Flag Marking LGBTQ+ Pride Month (June)
According to the Library of Congress, Lesbian, Gay, Bisexual and Transgender Pride
Month (“LGBTQ+ Pride Month”) is currently celebrated each year in the month of June to
honor the 1969 Stonewall riots in New York City. In connection with this remembrance,
the City desires to approve the flying of the “Pride Flag” during the month of June each
year.
C. Commemorative Flag Marking Juneteenth
Juneteenth is a federal holiday that celebrates the end of slavery in the United States.
The date of June 19th was first recognized as a federal holiday in 2021. In connection with
this remembrance, the City desires to approve the flying of the “Juneteenth Flag” during
the Sunday-Saturday of the week during which June 19th falls each year.
ANALYSIS OF ISSUES:
The City’s adopted Flag Policy expressly authorizes the flying of a “commemorative flag”
at City Hall and Heritage Square Park upon a request by one City Council member to
place the discussion of such authorization on a City Council meeting agenda, and at least
one other City Council member agrees with the request. This Resolution is brought in
accordance with this policy and requires a 4/5 majority of City Council members to agree
to adopt the resolution, which would authorize flying the specified commemorative flags
on an annual, recurring basis. While this was not a specific request of the City Council,
staff have seen this practice in other communities and view it as an opportunity for the
City Council to consider. Each such flag shall be approved to be displayed for a period of
time that is “reasonable or customary” for the subject commemorated, but no longer than
thirty (30) consecutive days each year. The term “commemorative flag” is defined by the
Flag Policy to 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. In accordance with federal law, the following are not
allowed as commemorative flags and may not be considered for approval by the City
Council:
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.
Item Click or tap here to enter text.
City Council
Review and Adoption of a Resolution Authorizing the Recurring Annual Display
of Specified Commemorative Flags at City Hall and Heritage Square Park
April 23, 2024
Page 3
Should this Resolution be adopted, the City will fly all approved commemorative flags
annually in accordance with the rules and procedures set forth in the Flag Policy.
ALTERNATIVES:
The following alternatives are provided for the City Council’s consideration:
1. Adopt the Resolution authorizing the recurring annual display of specified
commemorative flags at City Hall and Heritage Square Park;
2. Do not adopt the Resolution; or
3. Provide alternative direction to staff.
ADVANTAGES:
Authorizing the display of the specified commemorative flags will commemorate important
social and historical causes and demonstrate the City’s commitment to diversity and
inclusion.
DISADVANTAGES:
No disadvantages are identified.
ENVIRONMENTAL REVIEW:
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.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Proposed Resolution
2. Pictures of Commemorative Flags
3. City of Arroyo Grande Flag Policy
ATTACHMENT 1
RESOLUTION NO. _____
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.
ATTACHMENT 1
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 ________, seconded by Council Member _______, and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 23rd day of April, 2024.
ATTACHMENT 1
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
ATTACHMENT 1
EXHIBIT A
PICTURES OF COMMEMORATIVE FLAGS
A. Commemorative Flag Marking Military Appreciation Month
B. Commemorative Flag Marking LGBTQ+ Pride Month
C. Commemorative Flag Marking Juneteenth