Two amendments to Fullerton’s Municipal Code passed in a 3-2 vote (Zahra, Charles, no) at the March 4, 2025 City Council session appear to target the homeless population.

Regular Business •Item 12: Unlawful Camping
Passed 3-2 (Zahra & Charles no)

Deputy City Manager Daisy Perez presented the proposed amendment to the Municipal Code concerning people experiencing homelessness. She said before enforcement occurs Homeless Liaison Officers work with social workers to connect individuals in need with resources including: 40 emergency shelter beds dedicated to Fullerton residents, and 110 regional beds for those recovering from medical issues, at the Fullerton Navigation Center; a Motel Voucher Program during severe weather prioritizes elderly and families with children and vulnerable individuals; the HOPE Center – a regional service connecting individuals to mental health and substance abuse treatment and permanent housing; and the North Service Planning. Area (NSPA). – a regional program that provides 250 additional shelter beds through facilities in Placentia and Buena Park.

Perez said the amendments to the ordinance would ensure public spaces remain safe, assessable and clean for all members of the community by enhancing existing regulations prohibiting camping, sitting, lying, sleeping, or storing personal property in public rights of way, all within legal compliance with court decisions such as the Grants Pass ruling.

Police Chief Radus said Enforcement will continue initial warnings, outreach, referral to available services and issue citations or removal only when necessary after offering alternatives ensuring compassion and legal defensibility.

Public Comments:

•Saskia Kennedy pointed out that there are 250 people on the streets and not enough shelter beds. She said the HOPE Center indicated it is unable to provide housing because there is a lack of options. “I get it – I don’t want an encampment out in front of my house,” she said, “but they have to have someplace safe to go. I would like our city to look into actually finding them places to be” instead of punishing them for having no place to go,” she said.

•Diane Vena agreed saying the HOPE CEO who spoke at the last meeting said that homeless individuals revolve in and out of shelters according to space available and that there is a lack of affordable housing for more permanent choices. She said they have no place to go if there aren’t enough shelter beds. It appears the goal is to get them out of the city. She questioned the adding of wording prohibiting sitting, etc. “Why make it harder for these people?”

•Curtis Gamble said he supported the item but at same time we should do what we can do. “Follow the municipal code for shelters allowing longer stays.” He also suggested working with OCTA bus drivers on transportation problems.

•Todd Harrison said the backup report presents a very sunny picture of resources but in reality finding a place is different. “Just sweeping them away doesn’t work. You are not ready to make this code harder on people until you make it kinder on people,” he said.

• Anjali Tapadia said she used to work with unhoused individuals and she listened to them. “Many of them told me over and over how difficult it was to get in, and stay in shelters.” She said she had helped people get to the shelter in time because it would close doors at exactly 6pm and not allow a person in even if there was space. She spoke about various issues within shelters including theft of assistive devices and medications, or separation from pets that kept some out. “There isn’t always a good option for people except the streets,” she said and urged the council to think about “what you are asking from people.”

•Tanya, A homeless woman, said she was living at Illumination Foundation and said they need more beds and more case workers. She said she had video of police going through encampments and slashing tents, destroying people’s possessions. “It’s a civil rights crime,” she said “like it is if they came and destroyed your home and property.”

•A speaker urged the council to “think about if it was you – how would you like to be treated? We never know what life will bring,”

Council Discussion:

Mayor Jung refuted some commenters who had spoken against destruction of tents and possessions of homeless living in encampments. “Those encampments are on public property,” and the Grants Pass ruling says specifically “it is not your home, and gives local governments control over how to address homelessness,” he said. ‘You may think that all of us are cruel here that support this item but we had a study that showed our Point-in-Time count has not gone down and our number of shelter beds has quadrupled in that time.” He said since the count had not gone down “enforcement has to be the next mechanism to ensure that those who require services get those services.” He said “the Supreme Court was clear that the city’s law applies equally to everyone regardless of their circumstances.” He said “Being homeless is not a crime but crime is always hidden by homelessness. There are those who prey on homeless people so we have to solve this in a way that is compassionate but does the remainder of our citizens a service as well.”

Mayor Protem Charles asked for clarification on what changes were made between the original ordinance and the revised one.

Attorney Clark said two sections were revised – sec 7105 – the existing anti-camping ordinance – expanded and clarified to add prohibition on camping in public facilities and public right of way. We added clarification in 7736 that includes sitting, sleeping in public right of way in a manner that obstructs people.

Mayor Protem Charles said the wording of the section that prohibits “sitting in any moveable chair in a public right of way” made her think of when we have folks out there for the Fullerton Market or people who can’t walk long distances. Attorney Clark said the end of that section makes exceptions for anyone attending a lawful event.

Police Chief Radus said “We ask for compliance before taking further action.”

Councilmember Zahra asked “What is the intent of this ordinance? I heard here that because our numbers have not gone down we need to move to enforcement. But if there is nowhere [for homeless] to go we are really not bringing the numbers down – we are just shifting them around,” he said. “I don’t see this as a solution to bringing our numbers down.” He asked why we have these numbers in the first place. He mentioned Judge Carter’s ruling that cities could not prohibit outdoor sleeping if there was no shelter. “It’s not really the job of the police to correct social problems. I went with the PD on a ride-along at night and there were two stops that were trespassing calls. In both cases the individuals asked for help – they were willing to go to a shelter but the police officers had no tools. Shelters don’t accept people after hours, police homeless liaison’s and social workers don’t work at night (HOPE Center is closed after 6pm and on weekends) the exact times you would find more unhoused people sleeping, lying down, or sitting. Telling them to move along is not the solution.”
“This city has done a lot but more needs to be done. Nobody wants to live on the street if they have a better option.” He told the story of an individual whose truck had been towed and who said he was just wanting to get it fixed so he could move out to be with relatives. “Some people told me he was just making excuses but I helped him get the tow charge lifted and the truck fixed – and today he is with family in Maryland. So there are cases where people can be helped.”
“We talk a lot about kindness – helping the most vulnerable in our community is what kindness is – it’s not just being civil. This creates a cruel policy that just moves people around. I will not be supporting this – it doesn’t solve the problem. I would rather see the Hotel Voucher program expanded,” said Zahra
The audience applauded.

Jung in a very gruff voice addressing Zahra said “I don’t see you making your campaign speech in Sacramento where they can’t account for $10 billion in homeless spending. You know who I feel sorry for? – California taxpayers who footed that bill.”

Zahra said “It’s not a campaign speech. You’re the one who’s running.” (Jung transferred $167,000 from his council campaign to his new committee Jung for OC Supervisor – where he is running to replace termed out Distriict 4 Chaffee in 2026)

Councilmember Valencia reminded everyone that Director Bise, in answering a question as to why the bike lockers at the train station were removed, said that one reason was because the homeless were storing their posessions in them. “I feel that we have to give people resources and find a happy medium. I’m not going to tell the police how to do that. They are the police, the professionals we trust to enforce public safety.” She thanked the Fullerton PD for all their hard work and said she was in favor of the ordinance.

Councilmember Dunlap said, “there was thoughtful testimony here tonight and it shows that while this is not a perfect ordinance it is a step in improving things and I do think enforcement is critical so I am supportive of the issue. To go back to something Councilmember Zahra said – we were pretty supportive as a council of the voucher program so as we go through the CDBG cycle that is something we can explore with our Housing and Economic Department to see if there is an opportunity for us to compete for additional federal funds to help with some of those solutions. I think we have done our part in Fullerton with both local and regional resources and so I support the item.”

Mayor Protem Charles said she heard “good ideas from Valencia, Dunlap and Zahra about extending the Hotel Voucher program and giving our FPD that tool to use year around and at night and if we have the funding available it would be great if it didn’t have exclusions on age – though I understand why they are there at the moment because of funding. Councilmember Valencia brought up bike lockers and restrooms.” She asked Attorney Clark if the city currently has the right to clear out the lockers.

Attorney Clark said yes we do but the current ordinance is not as clear as we would like for enforcement. The amended one is much more clear.

Charles agreed for need to expand the Motel Voucher program. She said she appreciated the police department policy of approaching with help first – using our homeless liaisons. Her concern was what an ordinance this broad could lead to in the future. “I feel we haven’t nailed that down.” Years from now when Chief Radus has retired and there is a different council this does not give enough direction. I think it is important to include the police department best practices as part of the ordinance. I haven’t seen problems with the current ordinance. I get emails about encampments being cleaned up. And the second ordinance we are considering amending actually seems to remove tools from our FPD and time frames for infrastructure. I’m not supportive of it.

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Regular Business
•Item 13: Obstruction of Public Rights of Way & Facilities amendment
Passed 3-2 (Zahra & Charles no)

Deputy City Manager Daisy Perez made the presentation. Council adopted Ordinance 3328 Ch 7.108 in January 2024 which prohibits camping and personal property storage in or near critical infrastructure. The update provides definitions, adds list of infrastructure covered, and changes distance from the current 25 feet to 10 feet (except around entrances and exits remains at 25 feet).

Public Comments:

•Curt Johnston said many years ago he witnessed a girl obviously in need of mental help light a T-shirt on fire and throw it onto the train tracks – she ended up getting arrested. A law like this could be abused if not fairly implemented.

•Curtis Gamble “I support this and I am for keeping the community safe but the code for emergency shelter needs to be updated. Solve the problem – give the people tiny houses. The county said they would pay for it in any city that wants it.”

•Jose Trinidad Castenada said this past winter he witnessed emergency crews going into the flood control channel to attend to a homeless person going through a medical emergency. “We can’t have emergency rescue services spending the time and effort to save a person from something he should not have been near in the first place. Pass this ordinance to protect bridges, water, electricity and other utility and critical infrastructure.”

COUNCIL DISCUSSION:

Councilmember Zahra questioned the intent of these changes – though he said “of course we all support protection of critical infrastructure.” It all started he said with the fire under the bridge in LA. He said locally he knew of no incident of a homeless person harming critical infrastructure in Fullerton and thought the intent was again to hassle unhoused people. He said he would like the term “taxpayer” popular around election time to stop being used – “we are all taxpayers,” he said. “This is overreach and the intent is not really to solve a problem, I won’t support it,” he said.

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