CORRECTION: Douglas Cox’s quote was mistakenly attributed to Peter Gambino. 

Addressing public concerns about increased homeless encampments around town, a proposed ordinance was introduced in a presentation given by Deputy City Manager Daisy Perez at the December 19, 2023, Fullerton City Council meeting. She said the ordinance balances addressing threats to public safety, public access to services, and protection of critical infrastructure while showing compassion.

The ordinance amends Sec. 7.105.020 of the city no-camping ordinance by adding a chapter that designates certain parcels and structures as critical infrastructure and safeguards them from unauthorized activities posing damage or interference. In addition, clear regulations for removing persons and property in or near critical infrastructure are established while not creating a total ban on encampments in the city to stay within applicable state and federal law concerning unsheltered individuals.

“Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, train stations, parking structures, or drainage systems; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.” 

Analysis of police calls to various city-owned locations over a two-year period from October 2021 to October 2023 showed incidents that have, or have the potential to damage or disrupt critical city structures or public access to services.

Community Center: 161

• 76 disturbances (73 transient-related)
• 14 suspicious activity
• 49 alarm calls
• 6 medical check
• 3 theft
• 2 assault/battery
• 2 drug/narcotic

Independence Park: 148

• 54 disturbances (38 transient-related) 
• 43 suspicious activity
• 9 alarm calls
• 9 medical check
• 8 assault/battery
• 6 burglary
• 4 theft
• 2 drug/narcotic
• 1 indecent sex offense

Public Library: 127

• 69 disturbances (63 transient-related)
• 23 alarm calls
• 21 suspicious activity
• 7 medical check

Woodcrest Park: 119

• 64 disturbances (49 transient-related)
• 17 suspicious activity
• 8 ordinance violation
• 7 drug/narcotics
• 7 medical check
• 3 motor vehicle theft
• 2 weapons

Richman Park: 106

• 67 disturbances (54 transient-related)
• 17 suspicious activity
• 6 drug/narcotic
• 5 ordinance violation
• 2 medical check
• 1 indecent sex offense

City Hall: 48

• 30 disturbances (29 transient-related)
• 10 suspicious activity
• 3 medical check
• 1 indecent sex offense

Amerige Park: 35

• 21 disturbances (19 transient-related)
• 5 suspicious activity
• 2 assault/battery
• 2 drug/narcotic
• 2 medical check
• 1 weapon
• 1 robbery

Brea Dam: 70

• 24 disturbances (14 transient-related)
• 18 ordinance violation
• 12 suspicious activity
• 6 drug/narcotic
• 3 vandalism
• 2 fireworks
• 2 burglary

Council Questions, Answers & Public Comments

Councilmember Dr. Ahmad Zahra asked, “What’s the difference between our current no-camping ordinance and the new one, and would this ordinance address encampments on non-city-owned CalTrans infrastructure?”

Assistant City Attorney Baron Bettenhausen said that ordinances like this have passed in other cities to keep critical infrastructure safe. The current ordinance said camping out in parks, streets, parking lots, and parking structures was unlawful. This ordinance adds a list of critical structures. 

Zahra was concerned that persons at a bus shelter with all their gear could be arrested under the new ordinance, and that might open the city to lawsuits. “Maybe we should reach out to some of the agencies that have sued us in the past and work something out that does not infringe on civil rights,” he suggested. 

Sgt Thayer, who oversees the city homeless liaison program, said, “When liaison officers come upon an encampment, we try to follow our mission to assist the people. We wouldn’t make an arrest of someone at a bus bench with several bags. If we have a legitimate camp and they are not coming into compliance – by law, we can only make an arrest if there is a shelter bed available [and the person is unwilling to take shelter]- and there is not always one [shelter] available.” 

He said there is generally a lot of property left behind, and he has found that others quickly take over the encampment and add to it. “We are required to give a 72-hour abatement notice to the site. With the new ordinance, we will be able to remove the encampment within 24 hours,” he said.

Sgt Thayer clarified, “We are talking about critical infrastructure. I am not talking about an individual who just curled up peacefully sleeping. I am talking about numerous individuals by the elevator who pull up a trash can and set it on fire within the elevator or, in another instance, hazardous substances like mercury being spilled.”

Zahra pointed out that those are already arrestable acts.

“Yes, they are,” agreed Sgt Thayer, “but I am talking about a tool allowing us to act before the fire is started.”

City Public Works Director Bise added, “This is a tool to focus on a list of specific locations- not to create a prohibition throughout the entire city.” 

Police Chief Radus said the penalty is “a citation similar to camping.” City Attorney Jones added the more specific language is more enforceable. 

Public commenter Yolanda Harrison said she had been homeless more than once. “I want you to think beyond the box. My idea is to tell them where they can camp. And then send medical help, social workers, people to help them, give them bathrooms and showers and places to dispose of needles – because I know there is drug use. Give them a place where they can safely be, and maybe you can start to affect the homeless problem.” 

Todd Harrison talked about mission creep and what would happen if the list gets longer under a different administration and shelter resources dwindle.

Elisa Miranda said, “We have allowed the homeless population to get out of control – especially the drug use. We called the police, but they could do nothing. As citizens, we are tired of seeing this type of behavior. I am not talking about families who cannot afford the rent – but the drug addicts at Woodcrest. I stand with the police. We need this type of regulation.”

Kurt Johnston said there are different types of homeless. Would the parking structure at SOCO qualify as critical infrastructure? Sometimes, a homeless person just wants to get out of the rain, and there aren’t enough shelter beds. An ordinance is good but should be used with discretion. At the train station, there is a sign that says, “No people without a ticket allowed on the platform.” They never enforce that, but every now and again, when there is a problem, it is helpful to have an ordinance. 

Curtis Gamble said he supports the ordinance but suggested critical infrastructure like tiny homes and housing at churches would be a better solution. Let’s not have another.

Zee said he supports continuing the issue until a later date after the city can ensure that a lawsuit won’t be filed. 

CORRECTION: Douglas Cox’s quote was mistakenly attributed to Peter Gambino. 

Douglas Cox said he used to work for former OC Supervisor Chris Norby on homeless issues back in 2007. “The county does a better job than cities dealing with the homeless problem. We had a budget of $1.1 billion – it was massive. Talk about mission creep – who would have thought that the homeless would be able to defecate in public and have nothing done to them? They are all over. Most of them are drug addicts, and most have mental problems. I still have a card with all services available – not one of them has taken me up on it – these people want to live on the streets. I was second lieutenant at the Armory – we had to pat people down for weapons and drugs before they came in. Gaven Newsom just signed bill SB43 in October that expanded forced medical treatment. Starts by arresting severely ill homeless people to get them into the system where they can get mental services.”

Andrew Lenhan, a District 4 resident living next to the Armory, said, “Take handcuffs off the police so they can do their jobs. My wife and I used to go to Hunt Library, which the council closed down under the guise that it was too dangerous with homeless living nearby. And the moment they closed it, they rented it to that church next door for a dollar. I want there to be a place for the homeless to go, but I don’t want it to be next to my house, defecating next to my trash cans. Don’t want drug addicts breaking into my house.”

Jane Reifer said she hoped that the definition of “critical infrastructure” does not include places like the Hunt Library. She added that Fullerton lacks bus shelters. “Please make sure that the bus benches and shelters can be used by those using public transportation.”

Jane Rands said she appreciated the Harrisons comments. “I feel this is overly broad. She said, “We would do better to put this energy into looking at ways to provide affordable housing – a solution to apartments that are overpriced that remain empty because that meets the economic model – what we need is truly affordable housing and rent control. It’s not a homeless problem, it’s not a drug problem, not a policing problem, it’s not a risky infrastructure problem. The problem is that housing is too damn high. And until we are willing to be honest about the cause – overpriced housing and underpaid wages – and stop trying to finagle the laws and see if we can get away with moving people from one place to another because we don’t want to look at them, smell them, see them. And I am sympathetic to the man who lived next to the Armory and has seen more than his fair share of the down and out – empathy can wear thin. But even if this is implemented, it’s not going to solve the problem he experienced. It’s not going to provide housing.”

Councilmember Bruce Whitaker – “During COVID, the sidewalk on Gilbert was lined with the tents of homeless people. LA is using 10% on homeless solutions. I see an urgency to pass this.

Councilmember Zahra – “In 2019, we had homeless people taking baths in the complex pool – so I am aware of the problems. My concern is that our city keeps getting sued. I don’t want to pay lawyers lots of money because we haven’t vetted it properly. If everyone else wants to pass this, could we add an amendment to vet after it is passed? 

Councilmember Dr. Shana Charles asked the city attorney if the ordinance had been vetted. He said he thought it would be defensible in court.

She asked Sgt Thayer what happens to the belongings of homeless people who are arrested. “Are belongings given back? 

Sgt Thayer said, “It depends – sometimes belongings are so dirty and insect-ridden they cannot be stored in our evidence lockers, so they are destroyed. Generally, we itemize and return property that can be stored until the person is released.” Dr. Charles seconded Whitaker’s motion to move the ordinance forward.

Attorney Bettenhausen added, “Under the current ordinance when there are no shelter beds available, the ordinance is not enforced. In the new critical infrastructure ordinance, that condition is removed from those areas only.”

Chief of Police Radus said that staff looked at what other cities had done and created a list that is very specific.

Deputy CM Perez clarified the language that she said staff had worked on over the past year, that the ordinance is very specific to public works infrastructure utilities – water, sewer, public safety facilities, transportation, etc. — public buildings like the library, community center, and the Hunt are not on the list. “This really is for public health and safety,” she said.

Mayor Nicholas Dunlap said, “Polls taken, meetings, and just conversations with people around town shows that homeless issues are always top the list along with roads and infrastructure. I think we should support our police department, and I support it.”

Zahra asked if the motion could be amended to include another pass-through by the attorneys – “because I really want to support this.”

Charles said that since it had already been vetted by the attorney who said it was defensible and it was amended based on their comments, she would support it. 

Zahra said, “Well “defensible” sounds like it is still headed for court.” Attorney Bettenhausen said, “That is a professional hazard. As an attorney, I can never say you are totally fine.” 

Zahra said he would “appreciate a written opinion for our records,” and with that reservation, said he would support it.

Passed 4-0 (Jung absent)

After the vote, Councilmember Zahra asked that the police department provide a notice that the HOPE Center could pass out so that folks on the street could be aware of the changes and avoid being arrested. Chief Radus said, “Yes, that can be done.”

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