Fullerton voters could have the opportunity to decide on switching to a charter city – overhauling the way the North Orange County municipality is run, like giving voters the ability to directly elect a mayor.
This week, city council members voted 3-2 at a special meeting to move forward with public outreach efforts on what it could look like to switch from a general law city to a charter city – potentially asking voters if they want to make the switch next November
Councilmembers Shana Charles and Ahmad Zahra were the two dissenting voices.
Elected officials initially discussed the issue on March 4, when Mayor Fred Jung and Councilman Nicholas Dunlap said their support stems from a desire to retain local control and push back against state mandates.
At the initial discussion, residents raised concerns about power consolidation and costly lawsuits.
Jung, who initially proposed the item, said the charter would give residents a stronger voice and the power to make changes they’ve long been frustrated about.
“It is up to you, and that’s the benefit of having a charter, that charter reflects the values of not only yourself but your neighbors and your community,” Jung said at the May 13 meeting.
Zahra argued that putting this measure on the ballot would divide the Fullerton community.
“Remember, our city is a purple city,” Zahra said at the May 13 meeting. “So this is going to be a very divisive issue, it’s going to pit neighbor against neighbor.”
Several cities in OC, including Anaheim, Buena Park, Irvine and Huntington Beach, operate under a charter status.
Charter cities are still bound by the state constitution, but have discretion over setting local tax policy and awarding public contracts. These cities can have greater local control when it comes to municipal affairs by overriding certain state laws when it comes to municipal elections and salaries and wages for city staff.
General law cities operate by following state regulations and laws. Cities must follow the state regulations for issues like council size, term limits and election procedures.
According to a 2016 study from Common Cause California, the 10 largest cities in the Golden State are charter cities.
The study also found that for the average general law city, like Fullerton, the five elected council members choose who will be mayor.
Residents Raise Transparency Concerns
Resident Faith Forcucci-Morris criticized the decision to debate the item at a special meeting rather than a regular one, saying it was intended to limit public opposition.
“You are deliberately reducing transparency and obstructing free speech for your own gain,” she said at the meeting.
She raised concerns about insufficient outreach and the absence of public forums, as well as problems with how public comment instructions were communicated.
“As a cherry on top, the remote public comment instructions for today’s meeting mysteriously disappeared this morning and were only reinstated after public outcry,” she said.
Kelsey Medlin also raised questions about the decision to discuss the charter proposal during a special meeting.
“Why is it being discussed at this special meeting and not one of the regularly scheduled ones?” she said at the meeting.
Medlin added that she no longer trusts the council’s motives after their recent decision to ban newspaper racks from being placed in the city hall.
Councilwoman Jamie Valencia said it was frustrating to listen to public commenters provide what she considered false information about charter cities.
“Please come to the council with your facts,” Valencia said at the meeting. “I appreciate your emotions on all of this, but I really feel that a charter city will give you back that power.”
Valencia added that becoming a charter city would empower residents to respond to issues they’ve raised about a lack of trust in Mayor Jung.
“If you don’t like who’s mayor, you get a vote on that; if you don’t like where money is allocated, you can vote on that. That’s what a charter is,” she said. “It’s giving back local control.”
Charles said she had experience with creating the charter in Los Angeles City, adding that the process was quickly undermined by corruption and dishonesty.
“It seemed like a really great, exciting way to empower people in a city, honestly, much larger than ours,” Charles said.
Charles said that in a charter city, transparency is reduced by moving election dates and increasing salaries.
“I saw what happened in Los Angeles, where it really did reduce transparency in a very real way, even as they said that they were doing the opposite,” she said.
Is Charter Status the Solution to Challenging State Housing Mandates?
Resident Mary Francis Gable said charter status would be good to explore.
“I feel like our city should have the right to decide what is right for our city,” she said at the meeting.
Francis Gable criticized the state housing mandates and disagreed with putting up high-density housing.
“Are we really in need of all those residences?” she said at the meeting.
Councilman Dunlap said that residents have expressed frustrations with Sacramento and that a charter is part of the solution to people’s concerns.
“They’re explaining issues that could be solved if we were a charter city,” Dunlap said at the meeting.
He added that during his campaign last year, residents voiced a need for the city council to push back against the state.
“Last year, we spent a lot of time out talking to voters, and those were some of the biggest issues that we heard were the need for local control,” Dunlap said.
Zahra argued the transition would not afford the city more power to go up against the state.
“But if the selling point of this is that this is going to protect against housing from the state, then that is deception,” Zahra said at the meeting. “This is not what this is going to be.”
Huntington Beach — one of the cities in OC operating under a charter status — has been in a series of legal battles with the state, trying to use its charter status to push back against state laws and regulations.
Surf City lost its housing mandate lawsuit last year and sued the state earlier this year to repeal the state sanctuary laws.
Zahra said the way to find housing solutions is at the local level.
“If you want to fight for housing, let’s fight for housing. But let’s do it here,” he said.
Concerns Over a Costly Transition
Resident Michael Glick said he doesn’t want to challenge the state government through charter city status.
“If it ain’t broke, don’t fix it,” he said at the meeting.
Glick pointed out that drafting a charter could cost hundreds of thousands of dollars, which he argued would then be met with legal costs when challenged.
“We’ve just come from a budget discussion that shows that we need to look carefully at how we spend the money,” he said. “I don’t think this is a good way to spend the money.”
Fullerton is expected to face a $10 million deficit over the next five years.
Charles also raised concerns about the costs associated with transitioning to a different form of government.
“It seems like we’d be spending quite a bit of money, when I do think we have other priorities to spend money on,” she said at the meeting.
Dunlap said concerns over inflated costs were speculative and tied to potential legal expenses.
“I’ll believe it when I see it.”
Will Fullerton Become the Next Charter City?
If officials decide on switching to a charter city, Fullerton voters would have the final say.
City Attorney Richard Jones said the council does not have the authority to establish the charter.
“The public must generally vote on it, and any approval is by a vote of the people,” he said at the May 13 meeting.
To become a charter city, the measure must appear on a general election ballot and receive more than 50% approval.
Resident Joshua Ferguson said the voters should have the opportunity to decide if they want to make the transition through an election.
“If you believe in democracy, put it up to a vote of the people and educate your fellow voters,” he said at the meeting.
Jung said the city would continue to engage with residents and receive input while working towards the November election.
A charter takes 12 to 18 months to be adopted, according to the staff report.
“So this may never get around to the 2026 election. This may be something that another Council will decide in 2028,” Jung said.
Dunlap said that seeking a charter status was not the solution to the city’s issues, but was a step in the right direction.
“This certainly isn’t a silver bullet, but I do think there’s no downside to the city or to taxpayers by continuing to explore this.”
The city council plans to hold a future regular meeting to discuss voter education efforts on what it means to become a charter city and how a charter is adopted.
