REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Authorizing Annual Display of the Transgender Pride Flag from March 24 to March 31, the Official Transgender Day of Visibility
Report
BACKGROUND
On December 3, 2019, Council adopted Council Policy 7.3.30 (Display of Ceremonial and/or Commemorative Flags at City Hall). This report seeks a resolution for Council consideration and approval to fly the Transgender Pride Flag from March 24 to March 31, the official Transgender Day of Visibility.
EXISTING POLICY
Council Policy 7.3.30 (Display of Ceremonial and/or Commemorative Flags at City Hall)
Administrative Policy 6.2 (Display of Flags at City Buildings)
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental, organizational, or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
Transgender Day of Visibility (TDOV) is an annual event dedicated to raising awareness and celebrating the significant contributions of the transgender community. First observed on March 31, 2009, TDOV highlights both the achievements and ongoing struggles of transgender and gender-expansive individuals.
On March 22, 2016, during the 6th annual TDOV, Santa Clara County became the first county in the nation to raise the Transgender Pride Flag at the Santa Clara County Government Center. This led to the flag being flown daily alongside the rainbow flag. The Transgender Pride Flag has been displayed in several notable locations, including:
• The United States Capitol, which raised the transgender Pride Flag for the first time in 2021,
• The White House, which displayed the flag for the first time on January 20, 2021,
• Various U.S. cities, including Los Angeles, New York City, San Francisco, and Seattle, raise the flag during TDOV or Transgender Awareness Week.
TDOV offers an opportunity for allies to celebrate transgender people, honor their resilience, and advocate for justice, equality, and safety. While there is no legal requirement for local governments to fly the Transgender Pride Flag, cities can choose to do so.
FISCAL IMPACT
This action does not have any fiscal impact.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Adopt a Resolution authorizing the annual display of the Transgender flag from March 24 to March 31, the official Transgender Day of Visibility.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_x_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Fernanda Perdomo-Arciniegas, Equity, Access, and Inclusion Manager
Reviewed by: Connie Verceles, Deputy City Manager
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Resolution Authorizing Flying the Transgender Flag