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Fullerton might ask city voters to switch from a general law city to a charter city, similar to how Anaheim, Irvine and Huntington Beach are run.
While still bound by the state constitution, charter cities get more flexibility on how local taxes can be levied and more leeway on how public contracts are bid for. Charter cities also have the ability to establish their own government structure, like a “strong mayor” form of governing seen in San Diego.
General law cities provide a more standard form of operation by following state regulations and laws. These cities have salary caps on council members and must be governed by at least five council members, city clerk, city treasurer, and department heads. Mayors in these cities are typically recognized as ceremonial heads, but generally don’t hold more power than city council members.
At the March 4 meeting, Mayor Fred Jung proposed looking into becoming a charter city to push back against what he said is state government overreach, while also criticizing the state legislature for spending millions of dollars on “Trump-proofing the state.”
“I am over this state, overreaching and demanding that local government do things at their beck and call,” Jung said. “We need to have opportunities to push back.”
This comes after the California Assembly approved $50 million last month in funding for lawsuits against President Donald Trump’s administration and to provide legal aid for immigrants facing possible deportation.
Councilman Nicholas Dunlap echoed frustrations with state spending.
“I think it’s very difficult for me, somebody that watches what’s going on in Sacramento, it’s hard not to insulate our community from that,” Dunlap said at the meeting.
But it’s raising concerns among some of their council colleagues and residents.
Councilman Ahmad Zahra, who voted against the initiative, argued that adopting charter status would not grant Fullerton the authority to override state mandates, and the push for local control was to serve political interests such as Jung’s campaign for Orange County Supervisor.
“The local control slogan – that’s going to be used is a ruse,” Zahra said in a phone interview. “It’s meant to target certain people in certain demographics and certain viewpoints in the community that don’t like the state.”
Councilwoman Shana Charles, who also opposed moving forward, said Jung could be politicizing the issue.
“It seemed this was designed to be put on the 2026 general ballot to drive particular voters to come out who would be opposed to state mandates and would think that that’s what this charter city would do,” she said in a phone interview.
Jung refuted the claims the move is politicized and emphasized that the decision to transition to a charter city lies in the hands of voters.
“I suppose, he thrives on accentuating chaos and dissension,” Jung said in a phone interview. “There’s nothing that affords me an opportunity, electively or politically, an advantage by the citizens of Fullerton wanting to go to a charter city.”
The proposed shift from a general law city to a charter city would give Fullerton authority over elections, zoning, and public contracts, as well as the ability to levy local taxes. However, charter cities are still bound by the state constitution, according to the staff report.
Jodi Balma, a political science professor at Fullerton college who closely observes local government, said charter cities are not uncommon, but when the push to transition is not coming from residents, questions about motive arise.
“Not wanting to be dictated to by the state doesn’t justify switching to a charter city when you still have to follow the state laws, so I don’t understand what the benefit is, and that always makes me question things,” Balma said in a phone interview.
What Could Charter Status Mean?
While Jung and Dunlop said the move to a charter city grants more local control over quality of life issues, some residents expressed concerns about the potential loss of state protections if Fullerton transitioned.
Resident Keiko Suda said at the meeting that she saw the move as a power grab and pointed out the risks of operating without state regulations.
“I am troubled by the many implications of the shift, including the ability to get around and subvert state laws such as state sanctuary laws and affordable housing requirements,” said Keiko. “It feels like an attempt to consolidate power in this body in a needless and inappropriate way.”
The concern over sanctuary cities stems from a recent lawsuit from Huntington Beach. The city challenged the sanctuary laws that restrict local law enforcement from cooperating with federal immigration officers.
The legality of the city’s current suit remains undecided, but Surf City lost a similar lawsuit during Trump’s first administration.
At the meeting on March 4, Fullerton School District Trustee Vanesa Estrella said that adopting charter city status could negatively impact minority communities and restrict residents’ voices.
“This change could shift power away from the people and into the hands of a few, making it easier to weaken protections for families, alter election processes, change the sanctuary city status and reduce public oversight,” said Estrella.
Some residents backed the city’s push for charter status, arguing it would enhance local control and ensure equal representation.
Resident Joshua Ferguson favored transitioning to a charter city and said it would be a more direct democracy.
“If we become a charter city, we can throw people out when they don’t do what we want,” said Ferguson.
Resident Kurt Johnston said while he sees benefits to both forms of government, charter cities like Huntington Beach and Newport Beach serve as a better check on the state legislature.
“What we have up in Sacramento is not balanced,” Johnston said. “It is necessary for cities to have some way to fight back against imbalance.”
Zahra noted that charter cities have the authority to exempt themselves from the state minimum wage law and eliminate city council term limits.
“They can change the prevailing wage rule that the state has, so giving contracts to companies that don’t need to necessarily pay prevailing wage,” Zahra said at the meeting. “Now, what does that do to the quality of the work in our city?”
Resident Molly McClanahan also raised concerns about shifting away from state regulations for public contracts, calling the charter city exploration “unwieldy” and “unnecessary.”
“One particular concern is that the city would no longer be required to follow the legal framework for how bids are awarded for contracts,” said McClanahan. “This is a very important safeguard.”
Is a Housing Battle on the Horizon?
The idea of Fullerton switching from a general city to a charter city is raising questions about what the future of housing development could look like in the city.
Jung said municipal control over zoning regulations would benefit the city, arguing state housing mandates burden taxpayers and are impractical for smaller cities like Fullerton.
“No one is against building. We all realize the critical house shortage we have,” he said in a phone interview. “We are just complaining at the fact that you (the state) are telling us to build this and giving us no incentive to do so.”
He said that housing requirements would harm residents and strain resources, giving an example of the burden a 15,000-unit requirement within five years would place on roads, water usage, electricity demand and public safety resources.
“What happens to a municipality when you are extending us that thin without funding and anything more than telling us to build the house?” Jung said.
Last year, Huntington Beach lost its housing mandate lawsuit against the state, arguing that its charter status exempted it from state housing mandates.
California Attorney General Rob Bonta and Gov. Gavin Newsom emphasized that no city is above state law and warned other cities against violating state housing mandates.
Zahra said these legal battles only increase costs for taxpayers.
“They’ve (Huntington Beach) been in battles and spending taxpayer money on frivolous lawsuits to fight this, and they failed in every court,” Zahra said in a phone interview.
Jung said there is misinformation surrounding charter cities, emphasizing that the goal is not to override housing state mandates, but to challenge state overreach.
“We can go down the list, and I can name you city after city, both in Orange County and Los Angeles County, which are charter cities, and I don’t see anybody pushing back on anybody except Huntington Beach,” he said in a phone interview.
The city council can draft a charter and submit it for voter approval, or residents can elect a charter commission made up of registered voters to draft the charter, which is then put to a public vote.
“I think that makes a lot of sense having elections for the commissioners, but I would be very worried about how much that would cost,” Charles said at the March 4 meeting.
She also said the council and staff should focus on increasing revenue to patch the $9 million annual budget deficit the city is facing.
To become a charter city, the measure must appear on a general election ballot and receive more than 50% approval.
Jung said bringing the measure before voters is more democratic than blocking debate. If approved, the measure would not appear on a ballot before 2028. In the meantime, city staff will organize a study session to inform the council and residents.
“There is not one group that’s for it or group that’s against it. This should be where the voters decide, plain and simple.”
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