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Staff report with attachments Reviewed by: Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 09/21/2021 ITEM NO: 9 DATE: September 16, 2021 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Consider a Flag Policy Update during the Next Strategic Priorities Discussion RECOMMENDATION: Consider a Flag Policy update during the next Strategic Priorities discussion. BACKGROUND: At its August 24, 2021 meeting, the Policy Committee listened to public testimony and discussed potential modifications to the Flag Policy and/or a new policy for artwork or symbols on Town property, including streets (Attachment 1). This item was motivated by past resident requests to fly flags of the Town’s Sister Cities and flags to support interests of the community (e.g., the Rainbow Flag during Pride Month). The public comments received in June for the rainbow crosswalk also raised potential policy questions. DISCUSSION: The Committee had a robust discussion and brainstormed different approaches, including the possibility of the Arts and Culture Commission (ACC) to assist in the development of an updated Flag Policy. The ACC might be in a good position to identify the criteria for additional flag displays due to its role in understanding different cultures within Los Gatos. The Committee unanimously agreed to request staff notify the Arts and Culture Commission of their potential role as it may relate to a modified Flag Policy and forward the potential modifications to the Flag Policy item to the full Town Council for discussion and direction before any further staff work occurs. The Committee had no interest in addressing a new policy for artwork or symbols on Town property, including streets. PAGE 2 OF 2 SUBJECT: Flag Policy DATE: September 16, 2021 CONCLUSION: As staff gave this item more thought, staff is recommending that a potential Flag Policy update be considered during the next Strategic Priority discussion. The Liaison to the ACC has been notified of this potential role should the item become a Strategic Priority for next year. ALTERNATIVES: The Council could direct the preparation of an update at this time; however, given existing work commitments on existing Strategic Priorities, Council would also need to identify which Strategic Priorities should be placed on hold to create capacity to do this work. FISCAL IMPACT: Discussion of this item has no financial impact. ENVIRONMENTAL ASSESSMENT: This item is not a project defined under CEQA, and no further action is required. Attachment: 1. Report to Policy Committee with Existing Town Council Flag Policy Reviewed by: Assistant Town Manager and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL POLICY COMMITTEE REPORT MEETING DATE: 08/24/2021 ITEM NO: 3 DATE: August 19, 2021 TO: Council Policy Committee FROM: Laurel Prevetti, Town Manager SUBJECT: Provide Direction on Potential Modifications to the Flag Policy and/or a New Policy for Artwork or Symbols on Town Property, Including Streets RECOMMENDATION: Provide direction on potential modifications to the Flag Policy and/or a new policy for artwork or symbols on town property, including streets. BACKGROUND: In 2016, the Town Council adopted a Flag Policy to document the procedures for raising and lowering all flags on Town properties. In 2018, the Policy was amended to address the appearance of the Town flag. In the past, residents have approached the Town about flying flags that would demonstrate the Town’s support of various causes. For example, the Town has been asked to fly the flag of Ireland in recognition of the Town’s Sister City relationship with Listowel and in support of the Los Gatos Irish Writers Festival. The Town has also been asked recently to fly the Rainbow Pride flag. DISCUSSION: The Town’s Flag Policy does not contain criteria to guide the consideration of flying additional flags. The Policy Committee should determine if consideration for additional flags should be addressed in the Flag Policy, and if so, discuss and provide direction on potential amendments to the Policy. Staff would return with a draft updated Flag Policy for the Committee’s consideration at a future meeting. The Policy Committee’s recommendation(s) would ultimately be forwarded to the Town Council for action. In addition, the Policy Committee is welcome to discuss parameters for a potential new Council Policy to address artwork or symbols on Town property, including streets. The motivation for ATTACHMENT 1 PAGE 2 OF 2 SUBJECT: Flag Policy DATE: August 19, 2021 DISCUSSION (continued): this direction is based on the public interest of the rainbow stripes along two Main Street crosswalks. Depending on the Policy Committee’s discussion, staff can return at a subsequent meeting with a draft policy for review and comment. CONCLUSION: Staff looks forward to the Committee’s discussion and direction. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Flag Policy TITLE: Flag Policy EFFECTIVE DATE: 10/ 19/16 PURPOSE POLICY NUMBER: 5 -02 REVISED DATES: 9/4/18 This Policy provides guidelines for the official appearance and colors of the Town flag and Town seal as well as guidelines for gifting or trading the Town flag. This Policy also provides direction for when to lower flags to half -staff and to raise flags flown on Town properties. SCOPE The Policy applies to all Town flags and Town seals as well as Town staff, volunteers, and residents managing flags flown on Town properties. POLICY TOWN SEAL The official Town seal shall be in a circular format with a golden outer ring. At the top of the outer ring, bold -face, upper -case, black letters shall read 'TOWN OF' while similarly written letters at the bottom read 'LOS GATOS'. At the bottom and inside the outer ring, smaller, upper -case, regular -face, black letters read 'INCORPORATED 1887' against a white background. The central image features a golden sun radiating narrow golden rays against a white sky peaking out from behind dark and light green mountains. The foreground displays nine rows of dark and light green grape vines on light brown earth. Flanking each side of the central image are two large white cats outlined in black. The cats are modeled after those which guard the entrance to "The Cats' estate just south of Town, sculpted from cement by Robert Trent Paine in 1922. ATTACHMENT 1 TITLE: Flag Policy PAGE: I POLICY NUMBER: 2 of 3 5 -02 There is also a black and white version of the color Town seal, which is acceptable for use. TOWN FLAG r _ The official appearance of the Town flag shall feature the color Town seal, centered, on a white background. Directly below the seal shall read, in bold- faced, upper -case, dark green letters THE GEM OF THE FOOTHILLS'. LOWERING AND RAISING THE FLAG The Town of Los Gatos will adhere to the United States Flag Code, along with the California Governor's and the Town of Los Gatos Mayor's discretion on flag status for all flags on Town property. For background, Title 4, Section 7 of the United States Code describes the United States Flag Code and the President's authority. This Code specifies that only the President can order federal flags to half -staff. The Code also indicates that state governors have the authority to issue flag status proclamations. The Town will follow this Code and the Mayor's discretion when managing the Town's flag procedures. PROCEDURES The Town flag may be gifted or traded upon approval from the Town Manager. The procedures for lowering and raising flags on Town property are as follows. 1. The Town Council will establish the Flag Policy. The Town Manager and his or her designee will provide direction for flag status, and act as the final authority for the application of the policy according to federal and state declarations. TITLE: Flag Policy PAGE: POLICY NUMBER: 3 of 3 5 -02 2. The Town Manager's Office is responsible for the day -to -day operation of administering direction for flag status. APPROVED AS TO FORM: Robert Schultz, Town A orney This Page Intentionally Left Blank