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Home My WebLink About19 - Sign and Messaging Program to Discourage PanhandlingQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 24, 2019 Agenda Item No. 19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Tony Brine, City Traffic Engineer, tbrine@newportbeachca.gov PHONE: 949-644-3329 TITLE: Resolution No. 2019-86: Sign and Messaging Program to Discourage Panhandling ABSTRACT: Residents in Newport Beach have expressed concerns about an increased number of people at traffic intersections and other public places, such as the piers, requesting money. Concerns have ranged from landscape damage, safety of persons being close to cars, and how the money is being used by the individuals involved in panhandling. At the September 10, 2019, City Council meeting, the City Council voted to place an item on the agenda to discuss possible measures to discourage panhandling. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2019-86, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager to Take Actions to Discourage Panhandling in the City of Newport Beach. FUNDING REQUIREMENTS: The current adopted CIP budget includes sufficient funding for this item. Any costs associated with fabricating and installing signs will be expensed to account No. 01201927-980000-19T03 (General Fund). DISCUSSION: Residents have been expressing concerns about the increased number of people at traffic intersections requesting money. Members of the public have repeatedly asked why panhandling is permissible in the first place. In 2017, the City of Sacramento passed an ordinance attempting to prohibit forms of panhandling in their city. The Sacramento ordinance included specific prohibitions on panhandling in medians, near shopping center driveways, near public transit stops, etc. 19-1 Resolution No. 2019-86: Sign and Messaging Program to Discourage Panhandling September 24, 2019 Page 2 The ordinance was challenged by the ACLU in April 2018 to halt enforcement of their ordinance. On July 18, 2018, a United States District Court Judge issued an injunction prohibiting enforcement of Sacramento's ordinance. The Court's analysis essentially noted that panhandling is a protected activity under the First Amendment. A number of cities across the country have addressed this First Amendment prohibition by using speech to discourage people from donating money directly to people panhandling within their jurisdiction. Cities have installed signs at various locations within their jurisdictions that encourage supporting charities as an alternative to giving directly to panhandlers. Attachment A shows examples of signs from Dublin, Ohio; Scottsdale, Arizona and Fresno that have been installed at selected intersections. Cities such as Scottsdale, Arizona; Lakewood, Ventura, and Simi Valley provide information on their city website regarding panhandling, including links to donate to charitable organizations. The City of Simi Valley has prepared a brochure, which is available to businesses to help in educating the community. The City of Dayton, Ohio, has a program through the United Way advocating for donations to various community organizations. The County of San Bernardino has also established a donation program. Attachment B includes flyers and brochures for these programs. The Homeless Task Force reviewed and discussed this topic at its meeting on September 17 with no direction provided. If the Resolution is adopted, the City Manager will take actions to discourage panhandling in the City of Newport Beach including, but not limited to, developing and implementing a signage program to discourage panhandling. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section [insert exemption section number (short description of section)] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. �[0��[�I1rev The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Sign Examples Attachment B — Program and Brochure Examples Attachment C — Resolution No. 2019-86 19-2 SAY TO iPANHANDLING THERE p S A BETTER WAY id,.k TO AA Real Changel) ublin.org 4W- -ow- HELP US HELP FRESNO SM0 TO PANHANDLING jib" CONTRIBUTETO THE SOLUTION GIVE TO LOCAL CHARITIES NEED HELP? Call: 559-5GO-HOPE .4Wp instead agencies that help those in need, ScOttsdaleAZ.gov. 19-5 POSITIVE CHANGE NOT SPARE CHANGE Give to a charity or call toll free: 1.844 -811 -HOPE (4673) John McMahon, Sheriff SAN BERN; IMINO COUNTY For Homeless Assistance Dial 2-1-1 REAL CHANGE narr" VMT ELSE 'CAN 11 INTO IHELP? Danale to or vc1unleeor at sociag sem-ices argainizations, dedcatecto hwtjpng tiose in need. A -full: ii of partnering cwganizatvons is available at noWchangedayton.org- Beoome more WxmWmgmbe abwt, panhaod'M by Mating locala&mce agexies to 14_-arrr, of ccher ways yuu can heka Educam c1heirs aboLd an. ivnabves -lo gmng direcily -bo penhaoders., PMMT PARTNM 4: SSI IPM -11 019 AGIENCIES: DAYTON w _ r NONTGAW I I G-moftr Dwit"i Am STIUMLL.11ASMM NOW1 IHE FOOD SAM HOWERPLI. MM "MM NW"s WpMFrr1jMW1c 9 0 c *11 COX" U.IXM.l �3RM1LUj3I:M[VM MI MNIX MUM SUMMI JADANH5t ROMIPPOOM SIAMET PUMACH IMAM MR ASSISTOM IN TUNSIPON !"WWI KI3M17LI1$$MtS$p SE'A4CEb"T DEPMr Tips for Responding to Panhandlers 1. Politely say "No" or "Sorry" and continue on your way. 2. Help people in need by donating to any of the organizations listed in this pamphlet. 3. Aggressive panhandling is illegal. If you feel threatened, call 911. 4. For information on other ways you can help those in need, visit: www.simivalley.org/ReduceHomelessness wQhZ` ;`o he �- The �ocv CQn Z 9;✓e ir, Q cvay z`ha;` w,// z`ru/y lCs�ow 6e�ol-e you 9;✓e. SGf��ol-� so/Gl;`i os�s� nod �QhhQrrd/;r,9 - Brochure distributed by the Simi Valley Task Force on Homelessness www.simivalley.org/homelessservices r ' s IODI 4'02 <r Jkp say Yes ;6o The Simi Valley Task Force on Homelessness encourages you to make your donations count by giving to organizations that assist homeless persons. "6ea6,56(15 show eha;e 1 ,0,5;e yanhand/ers are nod hoMe/e55� and irJoS� /?oirle/e55 do roof �ar�/�ar�d/e. �oI- Som-Ie� yanhand/�h9 �s a career...and a /ucrae%✓e one. G(.S. ,�ey�u-gent off' JuSt�ee Services in Simi Valley Food is readily available for those in need. A free meal is offered every night of the year through the Community Dinner Site Program, multiple sites distribute groceries, and many qualify for the USDA CalFresh (Food Stamps) Program. The Simi Valley community is working to help people who are homeless or in need. For more information or individuals needing assistance please dial 211 for referrals for counseling, food, clothing, job assistance, shelter, and other community resources. Be Compassionate If you would like to offer a real life change to Simi Valley residents in need, contribute to a local service provider, such as: The Samaritan Center - (805)579-9166 280 Royal Avenue, Simi Valley, CA 93065 www.TheSamaritanCenterofSimiValley.org Many Mansions - (805)497-0344 Attn: Simi Valley Emergency Assistance Fund 1259 E. Thousand Oaks Boulevard Thousand Oaks, CA 91362 www.ManyMansions.org Free Clinic of Simi Valley - (805)522-3733 2060 Tapo Street, Simi Valley, CA 93063 www.FreeClinicSV.com The Salvation Army - (805) 527-1070 1407 E. Los Angeles Avenue Simi Valley, CA 93065 www.SalvationArmySoCal.org 19-9 ATTACHMENT C RESOLUTION 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. 19-10 Resolution No. 2019 - Page 2 of 3 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. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE r_�� Xaro'n C. Harp City Attorney 19-11