HomeMy WebLinkAbout19 - Sign and Messaging Program to Discourage Panhandling - CorrespondenceSeptember 24, 2019
Item No. 19
From: Marla Glabman <Marlag@glabman.com>
Sent: Wednesday, September 18, 2019 6:58 PM
To: Dept - City Council
Subject: Panhandlers
Dear City Council Members,
Thank you for your continued work on the challenge of homelessness and the impact on health and safety in Newport
Beach.
At today's Homeless Task Force meeting, the public was invited to contact the City Council via email to provide input on
a community engagement model to impact panhandling. While some may say that signs won't solve the problem, may I
ask you to consider signs as a small piece of the puzzle?
My respectful request of you is that you support a program that places clear, yet compassionate signs at key locations
- as part of the strategy to end homelessness in Newport Beach. Please consider placing signs in Newport Center,
Avocado, PCH in Cd M, and Dover @ PCH.
Short term shelters, long term supportive housing, combined with very tight enforcement of even the smallest violations
make up a combined approach that more cities are utilizing. Of course, signs alone aren't the answer, but they can be a
small, but significant part of comprehensive plan to address a complex societal problem.
Too many well intended friends give cash to folks with cardboard signs because of generous hearts and a desire to
help. However, many don't think about the fact that the longer these folks live on the streets, the longer it is before
they receive treatment, and the shorter their lives will be. Living in third world conditions and begging for money is a
shameful way for our society to allow people to live, and in some cases, die.
An additional encouragement would be to also add outreach cards that citizens can use to give to panhandlers with
ways to reach help and resources, combined with a message of compassion. This may help folks who feel compelled to
give money to panhandlers, and send a message to panhandlers that their efforts are better spent seeking real help.
There isn't a priority more important for city leaders than the health and safety of their citizens.
Sincerely,
Marla Glabman
Newport Beach Resident
;� www.;,labriian_coni
Received After Agenda Printed
September 24, 2019
Item No. 19
From: Judy Johnson <judyjirvine@hotmail.com>
Sent: Monday, September 23, 2019 9:03 AM
To: Dept - City Council
Subject: Please vote to discourage panhandling - "Giving Meters"
Thank you for considering putting up signs to discourage people from giving money to panhandlers. Please
vote to pass this.
Also, could we do what Huntington and Laguna are doing with "giving meters"? (Excerpt from article below)
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Thank you,
Judy Johnson
Villa Balboa
Received After Agenda Printed
September 24, 2019
Item No. 19
September 24, 2019, City Council Item 19 Comments
The following comments on an item on the Newport Beach City Council agenda are submitted by:
Jim Mosher ( jimmosher(c)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229)
Item 19. Resolution No. 2019-86: Sign and Messaging Program to
Discourage Panhandling
I suspect much of the public associates (or even equates) "panhandling" (aggressive begging)
with homelessness. And although the staff report does not state such a connection, the
proposed resolution does. I am not, personally, sure the two are the same and would
appreciate a fact -based discussion of that.
The suggested signage urging people to donate to charities does not seem as effective to me
as it might be, as people may be as skeptical about where the money given to a major charity
goes as they might be about how the panhandler is going to use it (and whether any of that
given to the charity named on a sign will actually get to that particular individual). If the people
are panhandling because they are hungry and don't know where their next meal is coming from,
more than signage it seems important to educate both the indigent and the caring public (if ture)
that free meals are readily available, and where, so the panhandlers can be referred there.
Similarly, if they lack funds to clothe themselves, I would hope free resources are indeed
available, although I don't know where.
I think I would be more influenced to not feel a need to give by a sign that said (assuming it is
true) something like: "Meals and clothing are readily available at no cost for those in need.
Please direct them to call 211."
In that the regard, the City's homelessness pages, as presently constituted, seem directed more
towards assuring the public the City is "on the case" rather than actually helping the homeless
or educating the public. I would, for example, find it difficult, from them, to direct a person in
need to where they could find a meal, clothing, shelter or a bus pass. The County's Pocket
Guide Resource Directories and their Ways the Community Can Assist handouts for the three
Service Planning Areas seem much immediately helpful than anything I can find on the City's
website, and it is disappointing they don't seem linked to from. That said, they do not seem to
be complete. For example, I have heard the Queen of Angels church in Newport Beach
provides services, but I don't see them listed.
I also find it curious that the staff report mentions the challenge to a 2017 panhandling
ordinance in Sacramento, since repealed (and uses that to impliedly demonize the ACLU for
standing up for free speech), but does not mention that Newport Beach itself once had a code
section prohibiting solicitation of any kind (not just for money) on and along the City's streets:
former NBMC Sec. 10.62, enacted by Ordinance No. 96-37, repealed by Ordinance No. 2012-
12. The staff report from May 8, 2012, explains the reason for that repeal, based on a 2011
court ruling on anti -solicitation ordinances (Comite de Jornaleros v. City of Redondo Beach, 657
F. 3d 936).
Sept. 24, 2019, City Council Item 19 Comments - Jim Mosher Page 2 of 3
In this regard, I notice the flyer from Simi Valley (current staff report page 19-8) says
"aggressive panhandling is illegal." Yet that appears to be exactly what the since -withdrawn
Sacramento ordinance claimed to address.
As to the staff report, the last paragraph of "DISCUSSSION" on page 19-2 begins with "The
Homeless Task Force reviewed and discussed this topic at its meeting on September 17 with
no direction provided."
If the Council sees panhandling as related to homelessness, it is a little disturbing both
that the HTF provided no direction at its September 17 meeting (particularly in view of
agenda for that meeting containing "Current Business Item 4": "Panhandling Signage
in Newport Beach -- Recommendation: Provide recommendations to the City
Council on panhandling signage") and that the Council is directing the current item to
proceed without further review by or input from the HTF.
2. Why did the HTF provide no recommendation? And why are the comments made
at that meeting not being passed on to the full Council?
a. Although the City's minutes of that meeting are not yet available, the comments
from HTF members that I noted were:
i. Dr. David Snow of UCI expressing his belief that panhandlers don't make
a lot of money (although the $500 per month income he cited appeared to
refer to the homeless population in general rather than to panhandlers
specifically, and he said most homeless don't panhandle). Note: The
$100,000 per year quoted by some audience members seems unlikely to
me, although making more than a minimum wage of $15 per hour in a
good hour does not.
Ms. Helen Cameron of Jamboree Housing expressing her belief that
panhandlers are a small population that could best be dealt with
individually, and that the money being suggested for this program would
be better spent on housing. Note: she is a director of a private corporation
building housing.
b. Additional audience questions Chair O'Neill asked staff to look into were:
i. Do panhandlers need a business license?
Is the pedestrian activity on and around medians associated with
panhandling a violation of the state Vehicle Code? [The initial answer
from Homeless Liaison Officer Yim was "yes" but enforcement has not
resulted in any fines for doing it. It might be noted that the injunction
stopping enforcement of the 2017 Sacramento ordinance was granted, in
part, because "Sacramento already has an arsenal of existing laws that
could punish much of the conduct targeted by the Ordinance, and the City
has not shown that those existing laws are inadequate to address its
concerns." It might also be noted this particular activity may not be illegal.
Cal. Vehicle Code Sec. 22520.5 prohibits solicitation only from freeway
Sept. 24, 2019, City Council Item 19 Comments - Jim Mosher Page 3 of 3
right-of-ways. A 2013 bill attempting to add medians near intersections to
that prohibition (SB 604) failed — opposed, among others, by a retired
firefighters organization that had in 2007 lobbied for Business and
Professions Code Sec. 17510.25, which allows their members to solicit
from roadways.]
iii. Does the City have enforcement authority over panhandling on private
property, such as the interior of Newport Center? [The initial answer
seemed to be it was a matter for private enforcement unless it was on a
public sidewalk.]
Further regarding the present staff report, the statement under "FUNDING REQUIREMENTS"
(agenda packet page 19-1) could be clearer. Account No. 01201927-980000-19T03 is not
simply "General Fund." It is the Capital Improvement Program account for the City's on-going
"Traffic Signage, Striping and Marking" project. While that may explain how the road signage will
be paid for, a significant part of the activity being authorized by the Council (in particular,
creation and distribution of flyers) seems not to fit in that program and will presumably be
funded from some other source that should be identified. In both cases, the extent of the
program (a sign on every pole?) and the amount of expenditure the Council is authorizing needs
to be identified.
And on page 19-2, under "ENVIRONMENTAL REVIEW," the reference to "(insert exemption
section number (short description of section)]" suggests a hastily -prepared report that has not
been carefully reviewed.
As to the proposed Resolution No. 2019-86 (page 19-10), 1 would suggest these changes:
"WHEREAS, it is in the City of Newport Beach's interest to educate its residents that charitable
donations to aid the homeless have a greater impact when directed to organized programs
that help the homeless;"
"WHEREAS, panhandling in medians and adjacent to roadways creates a safety risk to
panhandlers and the ^^".y public;" [not all drivers are commuting]
"WHEREAS, the dual pronged goal of this resolution is to educate the public to contribute to the
solution by supporting the services that help break the cycle of homelessness,
while also referring those who turn to panhandling towards those services."
"Section 1: The City Council hereby authorizes the City Manager, with the advice of the City's
Homeless Task Force, 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, with the advice of the City's
Homeless Task Force, 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 and the indigent 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. "