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HomeMy WebLinkAboutCitywide Flag and Authorization of Commemorative Flags �� �1NGi�->� 2000 Main Street, 011 Huntington Beach, CA City of Huntington Beach 10:W01ED 6 s $ /I- wD 7 8y S4pP Emo L /oo-I tpk---/Er-sciAr-ABSEA File #: 22-829 MEETING DATE: 10/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Subject: Citywide Flag Policy and Authorization of Commemorative Flags Statement of Issue: Flags play an important role in communicating the City's official sentiments on prominent matters in Huntington Beach. As such Administrative Regulation 705 establishes guidelines to fly the City's Standard and Commemorative flags at City-owned facilities. Financial Impact: Not applicable Recommended Action: A) Approve Commemorative Flags section and adopt into Huntington Beach City Council manual; and, B) Receive and file Administrative Regulation 705: Citywide Flag Policy. Alternative Action(s): Do not approve one or more of the recommended actions, and direct staff accordingly. Analysis: Government and Commemorative flags are commonly flown over Huntington Beach facilities. To promote consistency concerning the flying of flags, guidelines have been drafted via Administrative Regulation (AR) 705 and City Council Manual. By authority of the powers granted to the City Manager under Section 401 of the City Charter, the Administrative Regulation, authorized by the City Manager, provide guidance on the City's standard operating procedures for administrative functions. The AR 705 covers the flying of Standard flags on City-owned flagpoles. Standard flags include the City of Huntington Beach Page 1 of 2 Printed on 10/12/2022 powerecak Leg star"' File #: 22-829 MEETING DATE: 10/18/2022 United States, State of California, City of Huntington Beach, and Prisoners of War/Missing in Action (POW/MIA) flags. If the City Council chooccs to fly certain flags upon rcquest of the public, it is important that the- rcqucsts arc rcvicwcd uniformly. The City Council may authorize the flying of Commemorative flags as an expression of the City's official stance on an issue of importance to the Huntington Beach community. As such, AR 705 Section 5, Commemorative Flags, when adopted by City Council via the City Council Manual, would provide direction to implement flying of a Commemorative flag. The AR 705, with the authorization of the Commemorative Flag section, will allow the City Manager to exercise proper flag display at City-owned flagpoles throughout the City. Certain days of observation, such as Memorial Day, observe special flag etiquette which is described for staff to properly execute. Additionally, AR 705 calls out for sufficient inventory of flags and lighting of City- owned flagpoles in order to fly flags 24 hours a day at certain locations. Environmental Status: Not applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Administrative Regulation 705: Citywide Flag Policy 2. Flag Policy PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 10/12/2022 powereaeg Legrstaru City Council/Public Financing AGENDA October 18, 2022 Authority 8. 22-808 Mayor Delgleize proclaimed October 23 to 31 "Red Ribbon Week" and presented proclamation to members and volunteers of the Southeast County Young Marines ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)- Consent Calendar#12(2);Administrative Items#16(1);#17(1) PUBLIC COMMENTS (3 Minute Time Limit)-In-Person Speakers(60);Speakers by Phone(1) COUNCIL COMMITTEE-APPOINTMENTS -LIAISON REPORTS,AB 1234 REPORTING,AND OPENNESS IN NEGOTIATIONS DISCLOSURES Reported: Kalmick, Moser, Carr, Bolton, Posey CITY MANAGER'S REPORT 9. 22-835 Edison Park Update City Manager Zelinka spoke about a conversation with a citizen who had a waterline issue and complimented Water Distribution Maintenance Crewleader Jesus Hurtado, who went above and beyond to help the citizen. Chris Slama, Director of Community and Library Services provided an update on Edison Park. CONSENT CALENDAR 10. 22-832, Approved and Adopted Minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 4, 2022. Approved 6-0-1 (Peterson absent) 11. 22-239 Reaffirmed adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City Boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 Recommended Action: Reaffirm Resolution No. 2021-62, "A Resolution of the City Council of the City of Huntington Beach, California, Finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person." Approved 6-0-1 (Peterson absent) 12. 22-829 Citywide Flag Policy and Authorization of Commemorative Flags Recommended Action: A) Approve Commemorative Flags section and adopt into Huntington Beach City Council manual; and, B) Receive and file Administrative Regulation 705: Citywide Flag Policy. Page 4 of 7 City Council/Public Financing AGENDA October 18, 2022 Authority Approved as amended by Supplemental Communication: 6-0-1 (Peterson absent) 13. 22-847 Approved the purchase of two new ambulances from Braun Northwest Inc. in the amount of $630,915.12; and approve a one-time appropriation of $25,915.12 from the Equipment Replacement Fund balance to Fund 32440209 for this purchase Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Braun Northwest, Inc. for the Purchase of Two (2) New North Start 167-1 Module Ambulances" in the amount of $630,915.12 based upon HGAC Contract AM10-20, in accordance to Municipal Code 3.02.080; and, B) Approve a one-time appropriation of $25,915.12 from the Equipment Replacement Fund balance to Fund 32440209 for the purchase of two new ambulances. Approved 6-0-1 (Peterson absent) 14. 22-834 Approved and authorized execution of Amendment No. 1 to the Professional Services Agreement with Carl Warren and Company for Subrogation/Property Recovery Services Recommended Action: Approve and authorize the Mayor and City Clerk to execute, "Amendment No. 1 to Agreement between the City of Huntington Beach and Carl Warren and Company for Liability Claim Investigation and Processing," as prepared by the City Attorney. Approved 6-0-1 (Peterson absent) ADMINISTRATIVE ITEMS 15. 22-737 Appropriated CalRecycle SB 1383 Local Assistance Grant Funds Recommended Action: Approve a budget appropriation of $278,482 in CalRecycle SB 1383 Local Assistance Grant Funds into the FY 2022-23 Budget to support the implementation of the City's SB 1383 program. Approved 6-0-1 (Peterson absent) 16. 22-$51 2022 Legislative Update Provided by Townsend Public Affairs Recommended Action: Receive and file the 2022 Legislative Update. Approved 6-0-1 (Peterson absent) 17. 22-852 Approved FY 2021/22 Year-End Budget Adjustment for the City's Various Unfunded Liabilities Recommended Action: Approve the appropriation and transfer of $13,102,696 into the Workers' Compensation, General Liability, Retiree Medical, Retirement Supplemental and Section 115 Trust Funds from the General Fund year-end balances. (See Attachment 1). Page 5 of 7 [/3CITY OF HUNTINGTON BEACH Memorandum TO: Mayor and City Council Members FROM: City Manager's Office DATE: October 14, 2022 SUBJECT: Correction to October 18, 2022 City Council Meeting Agenda Item 22-829 (Citywide Flag Policy and Authorization of Commemorative Flags) Staff has made a correction in the Request for Council Action (RCA) report under Agenda Item 22- 829. In the RCA, City Council is requested to consider a Commemorative Flag policy that lays out the process of selecting Commemorative Flags for display at City-owned flagpoles; Commemorative Flags are defined as an expression of the City's official stance on certain matters. As the City's official representatives, only the City Council would be authorized to select Commemorative Flags (by vote during a City Council meeting). However, the first sentence in this paragraph in the RCA incorrectly implies that Flags could also be chosen based solely on requests from the public. To avoid further confusion, staff has removed that sentence (see below): If the City Council chooses to fly certain flags upon roquost of the public, it is important that tho requests are reviewed uniformly. The City Council may authorize the flying of Commemorative flags as an expression of the City's official stance on an issue of importance to the Huntington Beach community. As such, AR 705 Section 5, Commemorative Flags, when adopted by City Council via the City Council Manual, would provide direction to implement flying of a Commemorative flag. The complete, revised RCA report is attached. Please note that public comment is always welcome and encouraged by the City Council. Attachment: 1. Revised Report for October 18, 2022 City Council Meeting Agenda Item 22-829 SUPPLEMENTAL COMMUNICATION Meeting Date: 101 1?))2O Ages Nem No.;*i a (da-s-gq) REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Subject: Citywide Flag Policy and Authorization of Commemorative Flags Statement of Issue: Flags play an important role in communicating the City's official sentiments on prominent matters in Huntington Beach. As such Administrative Regulation 705 establishes guidelines to fly the City's Standard and Commemorative flags at City-owned facilities. Financial Impact: Not applicable Recommended Action: ..recommendation A) Approve Commemorative Flags section and adopt into Huntington Beach City Council manual; and, B) Receive and file Administrative Regulation 705: Citywide Flag Policy. Alternative Action(s): Do not approve one or more of the recommended actions, and direct staff accordingly. Analysis: Government and Commemorative flags are commonly flown over Huntington Beach facilities. To promote consistency concerning the flying of flags, guidelines have been drafted via Administrative Regulation (AR) 705 and City Council Manual. By authority of the powers granted to the City Manager under Section 401 of the City Charter, the Administrative Regulation, authorized by the City Manager, provide guidance on the City's standard operating procedures for administrative functions. The AR 705 covers the flying of Standard flags on City-owned flagpoles. Standard flags include the United States, State of California, City of Huntington Beach, and Prisoners of War/Missing in Action (POW/MIA) flags. If the City Council chooses to fly certain flags upon request of the public, it is important that the requests are reviewed uniformly. The City Council may authorize the flying of Commemorative flags as an expression of the City's official stance on an issue of importance to the Huntington Beach community. As such, AR 705 Section 5, Commemorative Flags, when adopted by City Council via the City Council Manual, would provide direction to implement flying of a Commemorative flag. The AR 705, with the authorization of the Commemorative Flag section, will allow the City Manager to exercise proper flag display at City-owned flagpoles throughout the City. Certain days of observation, such as Memorial Day, observe special flag etiquette which is described for staff to properly execute. Additionally, AR 705 calls out for sufficient inventory of flags and lighting of City- owned flagpoles in order to fly flags 24 hours a day at certain locations. Environmental Status: Not applicable Strategic Plan Goal: Non Applicable-Administrative Item Attachment(s): 1. Administrative Regulation 705: Citywide Flag Policy 2. Flag Policy PowerPoint Presentation �� ����' ADMINISTRATIVE REGULATION � -_ City of Huntington Beach -. Number AR 705 Sections 1 -8 Responsible Dept. City Manager's Office Review Date October 20, 2024 Effective Date October 20, 2022 SUBJECT: Citywide Flag Policy 1. Purpose: Flags play an important role in communicating the City's official sentiments on prominent matters in Huntington Beach. As such, this AR establishes guidelines to fly the City's Standard and Commemorative flags at City-owned facilities. 2. Authority: Huntington Beach City Charter, Section 401 3. Definitions: 3.1 Standard Flags: Flags flown year-round at City-owned facilities. At this time, the City's Standard flags include the United States, State of California, City of Huntington Beach, and Prisoners of War/Missing in Action (POW/M1A) flags. 3.2 Commemorative Flags: Flags that are an expression of the City's official stance on select, prominent matters in Huntington Beach. Commemorative flags may only be flown, as authorized by the City Council. 3.3 City-Owned Flagpoles: Includes City-owned flagpoles, flagstaffs, and other sites where a stationary flag is flown. City-owned flagpoles include: Civic Center, Pier Plaza, Central Library and branch libraries, Fire and Police stations, Senior Center, and other community facilities. 4. Standard Flags: The following flags represent the Standard flags of the City of Huntington Beach: 4.1 Government Flags 4.1.1 The following Government flags must be flown outdoors at designated City- owned flagpoles in the following order of priority: first, the United States flag; second,the POW/MIA if it is flown per Section 4.2; third, the California State flag; and fourth, the Huntington Beach City flag. 4.1.2 The U.S. flag must be flown on all City-owned flagpoles and must be equal to or larger than any other Standard or Commemorative flags that may be flown on the same or adjacent flagpole. The U.S. flag must always fly in the highest position. 4.1.3 If there are not sufficient flagpoles to fly the City or State flags on separate poles, they may be flown on the same pole with, and underneath the U.S. flag, 1 of 5 63 re `t. ADMINISTRATIVE REGULATION `_..:. . �., City of Huntington Beach whenever the pole is of sufficient height. They must be flown in order of priority per Section 4.1.1. 4.1.4 If the flagpole is not of sufficient height to fly every Standard flag in accordance with this AR, the U.S. flag may fly alone. 4.1.5 Government flags must also be flown in the City Council Chambers. 4.1.6 On recognized Federal and/or State holidays and on other occasions as listed below, all Government flags should be flown from City-owned flagpoles. Date Holiday Type of Holiday January 1 New Year's Day Federal/State January (3'd Monday) Martin Luther King, Jr.'s Birthday Federal/State February (3' Monday) President's Day State March 31 Cesar Chavez Day State May (last Monday) Memorial Day (half-staff) Federal/State See Sections 6.5 and 6.6 on half- staff protocols June 19 Juneteenth Federal July 4 Independence Day Federal/State September (1st Monday) Labor Day Federal/State September 11 Patriot Day (half-staff) Federal joint See Sections 6.5 and 6.6 on half- resolution (Public staff protocols Law 111-13) October (2nd Monday) Columbus Day Federal November 11 Veteran's Day Federal/State November (4th Thursday) Thanksgiving Day Federal/State December 25 Christmas Day Federal/State 4.2 Prisoners of War/Missing in Action (POW/MIA) Flag 4.2.1 The POW/MIA Flag is a nationally recognized flag created in 1971 and recognized by an act of Congress through the adoption of U.S. Public Law 101- 355 to represent concern of individuals who are identified as prisoners of war or missing in action. The POW-MIA flag has become a symbol of commitment to achieving the fullest possible accounting for those who may become prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action. 2 of 5 64 µ ADMINISTRATIVE REGULATION City of Huntington Beach K. P 4.2.2 In accordance with the City's longstanding tradition, the POW/MIA Flag must be flown at the Veteran's Memorial Monument at Huntington Beach Civic Center and at Pier Plaza. The POW/MIA flag must be flown directly below the U.S. Flag or adjacent to the U.S. Flag as second in order of precedence. 4.2.3 The POW/MIA Flag must be equal to or smaller in size than the U.S. Flag. 5. Commemorative Flaqs 5.1 City-owned flagpoles are not intended to serve as a forum for free expression by the public, but rather as a place of expression of the City's official stance on select, prominent matters in Huntington Beach. 5.2 The City will neither fly a Commemorative flag based on a request solely from a third party nor use its City-owned flagpoles to sponsor the expression of a third party. 5.3 The City may fly Commemorative flags on City-owned flagpoles only if authorized by the City Council as an expression of the City's official stance on an issue of importance to the Huntington Beach community. Any such authorization must be provided by City Council to the City Manager at a duly noticed meeting of the City Council. 5.4 The Public Works Department must maintain an ongoing record of all approved commemorative flags and display dates approved by the City Council. 5.5 Additional guidelines regarding the display of Commemorative flags as an expression of the City's official sentiments are listed below: 5.5.1 The flags of official Sister Cities of Huntington Beach are considered Commemorative flags and may be flown in conjunction with an event involving the Sister City. 5.5.2 Commemorative flags must be flown for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than forty- five (45) continuous days per year. 5.5.3 Commemorative flags must be flown at the Civic Center and/or according to City Council resolution. They must be positioned subordinate to all Standard flags currently flown. 6. General Flaq Guidelines 6.1 The City must follow Federal and State protocols for all other flag etiquette, when they are determined to be feasible by the City Manager. 6.2 Flags shall be flown on a 24-hour basis if the City flagpole is illuminated and flag is made of all-weather materials. Otherwise Standard and Commemorative flags should not be 3 of 5 65 ADMINISTRATIVE REGULATION City of Huntington Beach flown in inclement weather. The Public Works Department must work with applicable department heads to ensure that any frayed or damaged flags on their respective flagpoles are replaced immediately. 6.3 New City facilities must be constructed with a sufficient number of flagpoles to allow all flags to be flown in accordance with this AR. 6.4 Flags must be flown as follows: the U.S. Flag must be flown in the first position of honor. The POW/MIA Flag, if flown per Section 4.2, must be flown in the second position of honor. The California State Flag must then be flown in the third position of honor. The City of Huntington Beach Flag must be flown in the fourth position of honor. Commemorative flags must be flown in the fifth position of honor. The U.S. flag may fly alone. If all the flags are flown on one flagpole of sufficient height, the order from top to bottom must be: the U.S. Flag, the POW/MIA Flag, California State Flag, the City of Huntington Beach Flag, and then Commemorative flags. 6.5 Flags, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. 6.6 When the U.S. Flag is flown at half-staff, other flags currently on the same or adjacent poles should also be flown at half-staff. 7. Exceptions 7.1 Operational, department flags such as those flown by Marine Safety announcing weather conditions and ocean event conditions may be flown for the duration of the event. 7.2 Emergency notification flags utilized by City employees to provide safety warnings to the public may be flown at the direction of the City Manager, without prior authorization from the City Council. Emergency notification flags should be lowered immediately after the emergency has ended. 7.3 The City Manager may order flags to be lowered to half-staff in honor of the death of a City employee killed in the line of duty. They may also be lowered to half-staff in honor of dignitaries of local, national or international significance as determined by the City Manager. Flags should remain at half-staff for ten calendar days. 8. Responsible Department 8.1 The Director of Public Works is responsible for coordinating with the appropriate departments heads to ensure the proper execution of this AR at their respective facilities, in its entirety. 4 of 5 66 . `. ADMINISTRATIVE REGULATION . '_ City of Huntington Beach 8.2 The Director of Public Works must also ensure that a sufficient inventory of duplicate flags is available to implement this AR without interruption and ensure proper flag etiquette is up to date. 8.3 The City Manager is authorized to make administrative adjustments to this AR, whenever practicable. Distribution: All employees may access the Administrative Regulations via the Intranet at: www.huntingtonbeachca.gov/AR Department Director Approved as to Form Initiating Department Al Zelinka City Manager REVIEW DATE DEPT. HEAD CITY MANAGER INITIAL SIGNATURE 5 of 5 67 .03 a) ■..... 4-• (13 L. 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C 0 ui � N Mr.Amory Hanson 8102 Ellis Avenue Apartment 121 Huntington Beach CA 92646 October 16, 2022 The Mayoress of Huntington Beach 2000 Main Street Huntington Beach CA 92648 My Dear Madam Mayoress, I am writing as a concerned citizen,not in my position as the vice chairman of the Huntington Beach Historic Resources Board to personally urge the Huntington Beach City council to support two amendments to Item XII. I urge the city council to add the word"city" in between the words."The"and"Flags" in the following clause, "The flags of official Sister Cities of Huntington Beach are considered Commemorative flags and may be flown in conjunction with an event involving the Sister City." This will ensure that the flags flown for sister city events are the city flags of Anjo and Manly, Huntington Beach's sister cities, and any additional city flags of sister cities. This makes clear that the flags are flown to represent Huntington Beach's diplomatic relationship with sister cities, not to represent a particular ethnic group of Americans. I also urge the adding of the following words"the city council May also direct the city manager to lower the flags to half staff in honor of dignitaries of local,national or international significance"between"The City Manager may order flags to be lowered to half-staff in honor of the death of a City employee killed in the line of duty.They may also be lowered to half-staff in honor of dignitaries of local,national or international significance as determined by the City Manager."and Flags should remain at half-staff for ten calendar days."this provides councilmen an opportunity to ask city council to consider directing the city manager to lower the flags to be lowered to half-staff when passings occur of"dignitaries"whose contributions the city manager may be unaware of. While I cannot speak for the members of the Huntington Beach Historic Resources Board, It is of note that during my time on the historic resources board,the three city managers I have worked with have been external hires. SUPPLEMENTAL COMMUNICATION Meeting Date: Agenda Item too. �o. ( - SR 9) Mr.Amory Hanson 8102 Ellis Avenue Apartment 121 Huntington Beach CA 92646 Thank you for your consideration of these amendments. Should these amendments pass, I urge a yes vote on Item XII. Sincerely Yours, Mr.Amory Hanson CC: The Honorable Michael Posey CC: The Honorable Rhonda Bolton CC: The Honorable Kimberly Carr CC: The Honorable Daniel Kalmick CC: The Honorable Natalie Moser