The City of Fullerton’s recent letter opposing Senate Bill 79 (SB 79), a key initiative aimed at addressing California’s mounting housing affordability crisis, has ignited questions about transparency and decision-making within the city government. The letter, dated March 27, 2025, critiques SB 79 known as the Abundant & Affordable Homes Near Transit Act, which seeks to encourage housing development near public transit and streamline approval processes for housing projects.

While supporters of SB 79 praise its potential to combat the ongoing housing shortage, detractors argue that it undermines local control over land-use decisions. A review of City Council minutes and communications in the wake of the mayor’s letter revealed a concerning lack of official discussion or vote regarding the city’s position on the bill. Should these letters opposing or advocating legislation be disclosed to the public at City Council meetings? Should the public be aware of the City’s position on legislation?

Fullerton’s designation as one of the cities opposing SB 79 in the Senate committee’s official analysis has further fueled scrutiny. An extensive examination of City Council agendas and minutes from the bill’s introduction through to the letter’s submission found no record of Council authorization. When questioned about the absence of a Council decision, Mayor Jung issued a defensive response. “These kinds of letters have always been the honor and within the purview of the mayor. This is not a story. This is nothing new, and you are making it into something it is not,” he remarked, his comments tinged with belligerence and accusatory tones, raising concerns about his leadership and ability to foster constructive civic dialogue.

City Attorney Dick Jones provided clarity on the city’s traditional practices regarding legislative correspondence. He explained that the City Manager and Deputy work with legislative representatives—specifically public affairs lobbyist firm Townsend—to draft letters based on guidelines established by the City Council. This protocol is intended to ensure timely responses to legislation, bypassing the need for each bill to undergo a Council vote, which could hinder the city’s ability to respond effectively.

City Manager Eric Levitt, addressing inquiries from the Fullerton Observer, elaborated that the City Council approves a yearly legislative platform to facilitate rapid responses to bills. “If we were to take every bill to the City Council, it would likely mean that the City would not be able to respond,” Levitt stated, emphasizing that the legislation in question aligns with the city’s guiding principle of local control over land-use decisions.

Levitt outlined the position on supporting housing policies that maintain local control, allowing local governments to dictate zoning and density requirements as a key element within the legislative platform.

As SB 79 progresses, having passed the Senate Housing Committee with a 6-2 vote, it will move to the Senate Local Government Committee. The bill aims to promote the construction of more multi-family housing near public transportation hubs, highlighting the need for increased understanding among residents regarding the workings of their local government. https://sd11.senate.ca.gov/news/senate-housing-committee-passes-major-legislation-senator-wiener-allow-more-homes-near-public#:~:text=SB%2079%20passed%206%2D2,SB%20423%20and%20SB%209.

Below is the letter opposing SB 79 and the agreement between the City and Townsend Public Affairs and Grantwriting Firm. For more information on SB 79: https://calmatters.digitaldemocracy.org/bills/ca_202520260sb79