Agenda Report
Fullerton City Council
MEETING DATE: DECEMBER 19, 2023
TO: CITY COUNCIL/SUCCESSOR AGENCY
SUBMITTED BY: daisy perez, deputy city manager
PREPARED BY: DAISY PEREZ, DEPUTY CITY MANAGER
SUBJECT: CRITICAL INFRASTRUCTURE DESIGNATION AND REGULATIONS FOR PROTECTION
SUMMARY
Consideration of regulations to protect critical infrastructure within the City of Fullerton and designate certain parcels and structures as critical infrastructure. The regulations would mitigate potential threats to public health, safety and welfare by prohibiting the presence of persons camping and camp paraphernalia in, on or near critical infrastructure.
RECOMMENDATION
Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 7 (PUBLIC SAFETY AND MORALS) SECTION 7.105.020 (CAMPING UNLAWFUL) AND ADDING CHAPTER 7.108 (PROTECTION OF CRITICAL INFRASTRUCTURE) ESTABLISHING REGULATIONS PROHIBITING THE PRESENCE OF PERSONS AND THEIR PERSONAL PROPERTY IN, ON OR NEAR CRITICAL INFRASTRUCTURE.
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA DESIGNATING SPECIFIED LOCATIONS AS CRITICAL INFRASTRUCTURE FOR PURPOSES OF FULLERTON MUNICIPAL CODE CHAPTER 7.108 PROTECTION OF CRITICAL INFRASTRUCTURE
CITY MANAGER REMARKS
The City staff has looked at the City Infrastructure and reviewed critical infrastructure from a public health and safety perspective in putting together the ordinance.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Public Safety
Infrastructure and City Assets.
FISCAL IMPACT
None.
DISCUSSION
Critical infrastructure, essential for public services such as law enforcement, fire prevention, transportation and utilities, faces increasing threats from unauthorized activities. Incidents associated with encampments near critical infrastructure have led to disruptions in service provision and posed risks to the safety and well-being of the community.
The proposed Critical Infrastructure Protection Ordinance would achieve the following objectives:
Safeguard critical infrastructure from unauthorized activities that may lead to destruction, damage or interference Establish clear regulations for the removal of persons and their personal property in, on or near critical infrastructure while complying with federal and state regulations Provide a framework for summary abatement to address immediate threats to public health or safety and promote transparency, collaboration and community awareness in the protection of critical infrastructure.
The proposed ordinance addresses concerns raised by residents, city staff and stakeholders regarding increasing incidents associated with encampments near critical infrastructure. The ordinance would ensure continuous provision of essential public services and protect the well-being of the community. Attachment 3 outlines categorized calls for police services at multiple city-owned locations from October 2021 to October 2023. A thorough analysis of these numbers shows multiple incidents such as arson, burglary, vandalism, hazard material exposure, violent crime, intimidation and/or harassment of the public and trespassing. Many of these incidents have, or have the potential to, damage or disrupt critical city structures, public services or public access to critical structure or services.
Staff considered the list of Critical Infrastructure and narrowed it to structures truly critical to ensure the prohibitions do not create a total ban on encampments in the City. This ordinance would have consistency with applicable state and federal law governing unsheltered individuals.
Proposed Ordinance Highlights
The ordinance includes the following key provisions:
Amendment to Section 7.105.020 (Camping Unlawful): Adds critical infrastructure to the list of prohibited areas for camping and relocates parking structures and parking lots to the critical infrastructure list adopted concurrently by resolution. This adjustment identifies and bolsters protection of vital assets and sensitive locations within the community.
Introduction of Chapter 7.108 (Protection of Critical Infrastructure): Establishes regulations for protection of critical infrastructure, defines relevant terms and specifies prohibited activities. This chapter would establish regulations narrowly tailored to safeguard critical infrastructure and proactively ensure preservation of crucial community assets and rights.
Summary Abatement: Grants the City authority to abate violations on or immediately adjacent to critical infrastructure or in the event the violation poses an imminent threat to public health or safety authorizes immediate action to abate. Such a provision underscores the City's commitment to swift and effective response mechanisms, reinforcing the prioritization of community well-being in the face of emergent risks.
Summary
Staff recommends City Council adopt the Critical Infrastructure Protection Ordinance. The attached draft ordinance, along with supporting documents, provides a comprehensive framework to protect critical infrastructure and maintain community well-being. The proposed ordinance provides a proactive measure to address challenges and safeguard critical infrastructure within the City of Fullerton. City Council approval would contribute to enhanced public safety, continued service provision and protection of essential community assets.
Attachments:
Attachment 1 - Draft Ordinance
Attachment 2 – Draft Resolution
Attachment 3 - Incidents Report (October 2021 to October 2023) cc: City Manager Eric J. Levitt
Critical Infrastructure Ordinance
December 19, 2023 - Page 2