HomeMy WebLinkAbout2019-86 - Authorizing the City Manager to Take Action to Discourage Panhandling in the City of Newport BeachRESOLUTION NO. 2019-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
THE CITY MANAGER TO TAKE ACTION TO
DISCOURAGE PANHANDLING IN THE CITY OF
NEWPORT BEACH
WHEREAS, it is in the City of Newport Beach's interest to educate its residents
that charitable donations have a greater impact when directed to programs that help the
homeless;
WHEREAS, it is difficult for a resident to vet the need and condition of a
panhandler, and to know whether their assistance is contributing to more harm than good;
WHEREAS, local businesses and neighborhoods are often negatively impacted
by panhandlers;
WHEREAS, panhandling in medians and adjacent to roadways creates a safety
risk to panhandlers and the commuting public;
WHEREAS, the City partners with nonprofits to provide services to those
persons experiencing homelessness;
WHEREAS, a major barrier to the efforts of the City and local nonprofit service
providers are people directly providing panhandlers with assistance, which dissuades
the panhandlers from getting the help they need; and
WHEREAS, the dual pronged goal of this resolution is to educate the public to
contribute to the solution and support the services that help break the cycle of
homelessness, while also referring those who turn to panhandling towards those
services.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby authorizes the City Manager to take action
to educate the public that directing donations to homeless service providers does greater
good than giving assistance to individual panhandlers.
Section 2: The City Council hereby authorizes the City Manager to take action
to discourage panhandling including, but not limited to, the development of flyers and
signage that discourages people from donating money directly to people panhandling and
informs the public of the other available options. The City Manager shall have the authority
to determine the content of the flyers and signage as well as the location(s) for the
placement thereof.
Resolution No. 2019-86
Page 2 of 2
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 24th day of September, 2019.
iane B. Dixon
Mayor
ATTEST: Z�A"
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Leilani I. Brown �;__
City Clerk cN%
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Aaron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-86, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 241h day of September, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Jeff Herdman, Council Member Kevin Muldoon
NAYS: None
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 251h day of September, 2019.
Leilani I. Brown
City Clerk
Newport Beach, California