Photos show how lovely and inviting out door dining is in the City of Fullerton.

Fullerton’s budget is in trouble. But instead of tackling the real culprits —mismanaged land, anti-growth policies, and runaway costs —the City Council is squeezing the very people keeping downtown alive for a few extra dollars. Their solution to a self-inflicted deficit? Force already-struggling small businesses to foot the bill through skyrocketing fees. It’s short-sighted. It’s punitive. And it’s exactly why Fullerton keeps falling behind.

An encroachment agreement allows a business to temporarily use city-owned land, like the sidewalk or right-of-way, often for outdoor dining. In most cities, these agreements aim to strike a fair balance between public use and private activation. But in Fullerton, they’ve become a hidden tax on survival.

Instead of supporting local business recovery, Fullerton has quietly hiked these fees by nearly 35% for some businesses. These charges don’t fund sidewalk improvements or safety measures; they go straight into the City’s general fund to help paper over a growing deficit. Many restaurants that utilize outdoor patios occupy spaces that would otherwise remain unused, and they often invest in insurance policies, maintenance, and cleanliness for these areas. This outdoor dining initiative not only benefits the establishments but also enhances the City’s appeal by deterring vandalism and creating a lively atmosphere for patrons. Meaning this policy does little but penalize restaurants for drawing customers outside.

Signs on the Cafe Patio at the Fullerton Train Station

This policy shift arrives in the wake of a lease deal involving major political donors Tony and George Bushala Jr., whose encroachment agreement covers the patio of the Santa Fe Express Café by the Fullerton train station. Despite donating thousands to Mayor Jung and Councilmembers Valencia and Dunlap, they pay nothing for their patio. When questioned, Councilmember Valencia defended the exemption by claiming the patio is open to the public, but so are most other patios subject to the fee. The disparity speaks volumes.

The core problem is simple: Fullerton’s Council majority governs with fiscal cowardice. Rather than negotiate a fair lease with their donors, they offer sweetheart terms and force others to make up the difference. Rather than extend popular attractions like the Walk on Wilshire, they tax small businesses for creating vibrancy. Rather than grow the tax base through housing and economic development, they rail against the State Legislature and shift blame. It’s a pattern of evasion, not leadership.

Sign on the Cafe Patio at the Fullerton Train Station reported to be historical.

Fullerton still has choices, if its leaders are willing to face them. They could reassess the fees imposed on small businesses and ask a bigger question: are people clamoring to start businesses in Fullerton, or are we pushing them away? In many cities, encroachment fees are modest, one-time, or waived entirely when outdoor space is underused. Why is Fullerton charging more than regional peers and exempting only those with political connections?

City Council should suspend all encroachment fee collections until a new, fair structure is adopted, one that reflects the City’s economic reality and treats all businesses equally. As Councilmember Valencia herself noted, downtown is filled with vacancies. Fullerton can’t afford to keep squeezing the life out of the few businesses still trying to make it work. If we want a thriving economy, we need leaders who understand the difference between stewardship and extraction.

Above shows before with no umbrellas and seating and after. Which do you prefer? When do you enjoy outdoor dining? When is an umbrella and outdoor seating an invitation?

Which encroachments do you want to see in Fullerton? None? All? What makes a place charming and memorable? What do you like about places you have visited? What would you like Fullerton to be? Does your vision include music? Dancing? Quiet Book shops and cafes? Shopping and dinning? Safe walking and bicycling places? Trees and open space? Courtyard style art galleries? Artisan bakeries and unique boutiques? Can we make Fullerton inviting enough that visitors flock here and help our economy thrive?

Above shows the Olde Ship before they had outdoor seating. Below shows after. Which do you prefer?

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