After an hours-long discussion, including political accusations between council members and discontent among residents, Fountain Valley officials paused the process of switching to a charter city.
City council members ultimately voted to create a survey to gauge community interest in becoming a charter city, and move the public vote on the issue to 2028, after initially proposing last Fall that the charter would be put on the 2026 ballot.
[Read: Fountain Valley Could Become OC’s Newest Charter City]
The city currently operates as a general law city, meaning that it is largely bound by state laws, including how elections are run, how contracts are established and term lengths.
Charter cities get a little more leeway in creating local laws, giving them more control over housing regulation, elections and zoning.
If the proposal does hit the ballot and voters approve the switch, Fountain Valley could join the more than 120 cities in California that have governing charters.
The vote passed 4-0 with one abstention coming from Councilmember Kim Constantine, attributing her vote to the community’s hesitance.
“The community is tremendously confused right now. If we walk out of her with a 5-0 vote, it’s gonna be problematic,” Constantine said at the Jan. 20 meeting. “So I will keep an open mind, and we’ll see how it goes.”
During public comment at last week’s city council meeting, several residents criticized the proposed charter, pointing to what they say is unclear reasoning for the switch and a lack of planning as major points of their disapproval.
“I was struck by Mr. Councilmember Grandis asking ‘what’s the plan?’” said resident Bob Dowe, at the Jan. 20 meeting. “I think an even better question is: what’s the problem? What problem are we solving by moving to a charter?”
Councilmember Ted Bui has been a vocal advocate for a charter to be established, saying it would give the city more local control – an argument council members in other cities – like Fullerton – have recently used.
Fullerton’s Mayor Fred Jung has been a vocal proponent of moving to charter city status, to increase local control.
“I am over this state, overreaching and demanding that local government do things at their beck and call,” Jung said at a March 4 meeting. “We need to have opportunities to push back.”
[Read: Fullerton Considers Becoming a Charter City]
Bui also pointed to Grandis’ affiliation with the Democratic Party of Orange County, who wrote a letter against the adoption of a city charter, though the specific city was redacted.
In return, Grandis stated that any decision he was making was not influenced by the sponsorship of a party and publicly said he would not run for higher office, asking Bui to do the same.
Mayor Jim Cunneen moved the discussion forward, calling the back-and-forth “inappropriate” and “out-of-line.”
At the Nov. 4 meeting, Councilmember Patrick Harper stated his support, pointing out that it would give the city additional leverage.
During the Jan. 20 meeting, Harper agreed that the city should slow down progress on the subject, advocating for a survey to be administered.
“I would say that we start with that (community survey),” Harper said. “Pump the brakes a little bit on this matter, and based on the results of that survey, decide the next steps.”
He also mentioned that the decision would move the vote to a presidential election year, meaning that there would be greater voter participation.
In November of last year, city officials voted to add the measure to the 2026 ballot on a 3-2 vote.
City Charters as the Anti-Sacramento Solution?
For many city officials in OC, opposition to state laws being passed is worth considering a charter – especially in terms of affordable housing mandates.
As a part of a statewide initiative, Fountain Valley is required to plan to add 4,839 new homes, with just over 2,000 being reserved for low income households, between 2021 and 2029.
In Orange County, four-person households making less than $135,350 in a year makes them low-income and less than $84,600 is considered very low-income, according to state housing income limits.
One of the leading cities against the housing mandates is Huntington Beach, which has faced litigation for challenging state laws because of their status as a charter city.
[Read: Huntington Beach Continues to Lose Lawsuits Arguing Charter City Rights]
Surf City’s repeated lack of success in lawsuits against the state have caused concern for Fountain Valley residents who wonder if challenging state housing mandates will cost the city money – like Huntington Beach.
“This charter has been a shield for them. It has been a magnet for losing lawsuits. Why would we want to follow that path?” said resident Michael Relich at the Jan. 20 meeting.
For many cities, the passing of Senate Bills 9 and 79 have also been major factors of cities wanting to distance themselves from state legislation.
SB 9 allows for single-family residences to be split four ways and SB 79 allows high-density housing near transportation centers.
Michelle King is a Voice of OC Tracy Wood Reporting Fellow. Contact her at mcaitlin254@gmail.com