DATE: 11/20/2024
TO: Honorable Mayor and City Council Members
FROM: Office of the City Manager
2024-152
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
REQUEST FROM COUNCIL MEMBER SPEAKE FOR THE CITY COUNCIL TO
CONSIDER AN ORDINANCE PREVENTING UNSOLICITED ADVERTISING OF PRINTED
MATERIALS ON PRIVATE PROPERTY
EXECUTIVE SUMMARY:
Council Member Speake has requested that the City Council consider an ordinance regulating the distribution of unsolicited advertising materials on private property, such as circulars, newspapers, and other like-printed material. The goal is to address concerns related to litter and environmental impact, prevent clogged gutters and storm drains, improve city appearance, and protect residents' privacy by limiting or prohibiting the placement of such materials.
RECOMMENDED ACTION:
That the City Council use its discretion in directing staff to invest time and resources into researching and drafting an ordinance regulating unsolicited advertising materials at this time.
BACKGROUND & HISTORY:
Council Member Speake has requested that the City Council consider an ordinance regulating the distribution of unsolicited advertising materials on private property, such as circulars and newspapers. The proposed ordinance would require these materials to be placed on a porch, entryway, or within a certain foot radius, prohibiting distribution on driveways or other areas.
The goal is to reduce litter, prevent clogged gutters and storm drains, and enhance the City’s appearance, aligning with the City’s Strategic Plan Goal #5: "Sense of Place." ANALYSIS:
Should the Council wish to explore the development of an ordinance further, other factors to consider would include:
Factors to Consider Notable Highlights
Enforcement
Responsibility
Assessing appropriate enforcement by city staff and available resources to support enforcement activities should be considered. Enforcement could have significant cost and resource implications.
Budgetary Impact
Identify estimated resources required to support the ordinance's implementation, including education, staff training, and staff time for enforcement.
Municipal Code
Implications
Researching whether the proposed ordinance would require creating or amending sections of the Corona Municipal Code.
Drafting a code would require clearly defining prohibited and permissible activities to avoid ambiguity and determining whether an opt-out or inprovision option is available.
Legal Review /Scope
of Ordinance
Content
Determining whether the ordinance would apply to all types of content or target specific categories, such as government-initiated notices (e.g., city event flyers or public safety notices) versus commercial solicitations or unapproved political advertisements.
Reviewing the ordinance for constitutional compliance to minimize the risk of legal challenges.
Public Awareness
Campaign
The Council should consider how it would wish to inform residents and businesses about the new ordinance, their rights and responsibilities, and how to register to opt out, if applicable.
FINANCIAL IMPACT:
The financial impact of this item is limited to staff time. Researching, scoping, and outlining an ordinance is anticipated to require approximately 40 to 60 hours of staff time, valued at approximately $3,580.
ENVIRONMENTAL ANALYSIS:
This action is exempt under Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may substantially affect the environment, the activity is not subject to CEQA. This action seeks direction from the Council regarding drafting a resolution and thus has no potential for causing a significant effect on the environment.
PREPARED BY: AMINAH MEARS, DPA, ASSISTANT TO THE CITY MANAGER, AND
PATRICK MANN, CITY MANAGEMENT FELLOW
REVIEWED BY: BRETT CHANNING, ASSISTANT CITY MANAGER
ATTACHMENTS:
1. Exhibit 1 – Future Agenda Item Request Form