Archives for category: Bruce Whitaker

Diane Vena

On 9/17/19, Fullerton City Council Will Vote Whether Put On 2020 Ballot The Issue Of Banning Safe and Sane Fireworks In Fullerton

These are the reasons I gave them for wanting to ban safe and sane fireworks and thereby urging them to vote to put it in the ballot:

I strongly feel that safe and sane fireworks should not be allowed in Fullerton for the following reasons:
• They are not allowed in most Orange County cities.
• Rather than being done on private property as required, they are used on sidewalks and in the street. Travel on streets requires driving over them.
• They disturb people and frighten pets/wildlife.
• Many people do not clean up after the use of these legal fireworks. Those that do, still leave a residue of chemicals, poisons, powder, etc. which end up being washed down the gutters into the ocean.
• They are unhealthful for the environment and people/animals/wildlife because of the smoke, chemicals, and poisons.
• There is no good way to dispose of them that is not harmful to the environment.
• Even used correctly, injuries and fires can occur.
• There are alternatives for group fundraising that are humanely and environmentally responsible.
• Banning them would make it easier for the police to monitor the use of illegal fireworks as NO fireworks would be allowed in the city.
At this very important time of climate change crisis, all of our decisions and actions must be examined in order to choose and act responsibly, humanely, and safely.

Please let the Council know your wishes prior to and at this meeting.

City of Fullerton
cityoffullerton.com

Mayor & City Council
303 W. Commonwealth Avenue |
Fullerton, CA 92832
council@cityoffullerton.com
(714) 738-6311

Mayor Jesus Silva
jesuss@cityoffullerton.com
714-738-6311

Mayor Pro Tem Jennifer Fitzgerald
jenniferf@cityoffullerton.com

Council Member Jan Flory
council@cityoffullerton.com

Council Member Bruce Whitaker
council@cityoffullerton.com
714-981-8474

Council Member Ahmad Zahra
ahmadz@cityoffullerton.com

The empty seat on the Fullerton City Council should be filled by election, not by appointment.

Diane Vena

(Reprinted from the Fulleton Observer and the Voice of OC)

When Jesus Silva was sworn in as the District 3 Fullerton City Council Member at the December 4 City Council meeting, he vacated the remaining two years of his at-large seat on the Council.  At the December 18 meeting, the new City Council should schedule a special election for the Fullerton voters to determine who will fill the remaining two years of his at-large seat rather than appoint his replacement.

On November 6, a majority on the Council approved a change to the Fullerton Municipal Code that no longer requires a special election to fill a vacancy on the City Council. The revised code still allows for a special election, but it also now gives the Council the power to appoint a council member for the second half of a four-year term without an election.

Residents who were able to attend that Council meeting while the polls were still open on election night, spoke in opposition to this change and expressed concerns that the Council was making this change just in time so that it could appoint a replacement if Silva won his bid for District 3.

Council Member Fitzgerald dismissed the residents’ concerns saying, “We are not having that debate (about whether the Council will appoint a replacement).” She and Council Member Whitaker each stated that the change was simply to align with a new state law – enacted in 2015.

But Fullerton’s code prior to the Council’s changes, last updated in 2011, was not out of synch with the latest version of California Government Code 36512. While the state law does allow a city council to appoint a replacement for the second half of a council member term without a special election, it does not require a city to adopt that option. Section (c)(1) explicitly states that “a city may enact an ordinance that requires that a special election be called immediately to fill every city council vacancy.”

When this important decision comes before the Council on December 18, the argument in favor of appointing will likely be that the cost of holding a special election is too much. When City staff introduced the ordinance at the October 16 meeting to change the code, they estimated a cost of $391,532- $428,150 to run a special election and $224,055 – $260,866 for an all-mail ballot election, which the City might be able to hold if it meets specific criteria in Elections Code Section 4005.

But how much is “too much” when the rights of voters to determine one of five people to represent a city of 130,000 for two years is at stake?

When the Council considers what our voting rights are worth, hopefully it will also consider the opportunities at which it failed to avoid the potential need to fill a council vacancy during the transition to by-district elections. The Council made the decision that created the potential for this vacancy when it chose to place District 3 on the ballot in 2018 knowing that there were two current council members residing in that district and that both would likely run and if the more recently elected was to win, he would have to vacate his at-large seat.

If the Council then argues that it had to put District 3 on the ballot in 2018 to “be fair” to Council Member Sebourn who, upon nearing the end of his at-large term in 2018, would otherwise not be able to run for re-election in his district, that problem was also created by the Council. In August of 2016 it chose the district boundaries. To avoid placing then Council Members Chaffee and Sebourn both in District 2, it approved a map that cut-out a small segment of District 2 to put Council Member Sebourn into his own district, District 3, where no other council member lived until Silva was elected in November 2016.

Voting rights are priceless and should not be taken away to fix any of the problems the Council created. We elect a council member to be one and only one representative on the Council. Making an appointment would give the council members more representation than they rightfully have. The Council makes important decisions that have far-reaching and long-lasting effects on all who live in Fullerton. Those decisions should only be made by voter-elected representatives.

It is unfortunate that when Fullerton is trying to increase voter representation on the Council through a change to district elections, there is now a move to decrease it, which is what would occur if an appointment rather than a special election is used to fill the vacancy on the Fullerton City Council.

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Matthew Leslie

On May 15 the Fullerton City Council voted to form Library Ad-Hoc Committee to consider recommendations to explore future uses of the Hunt Branch Library. The library is currently closed, and leased out to neighboring Grace Ministries on a month-to-month basis. Although the Library Board of Trustees seems generally to favor retaining the Hunt as a city facility, opinions on that board differ about what can, and should, be done with it. The City Council is more sharply divided, with two members, Bruce Whitaker and Jesus Silva, voicing support for keeping it in city hands, while Mayor Doug Chaffee has openly advocated selling it. His position is evidently shared by Council member Jennifer Fitzgerald, who was quoted in a May 24 OC Register story as speculating that a sale of the property could help fund library services on the east side of the city. Mayor Pro Tem Greg Sebourn remains uncommitted on the matter. Although some of his comments in the recent meeting could be taken as encouraging by anyone advocating for the Hunt to remain a city asset, he has not ruled out a sale.

Formation of the ad-hoc committee was ultimately approved on a 4-0 vote during the May 15 meeting (Jennifer Fitzgerald absent), but only after extensive discussion by the council. The city staff report proposed a committee of seven that would include two members of the city council, but just one library trustee, in addition to one member each from the Fullerton Parks and Recreation Commission, Fullerton Heritage, and the Fullerton Planning Commission, and the Fullerton Public Library Foundation*. Council member Jesus Silva, who had suggested establishing the committee at an earlier meeting of the City Council, objected to populating the ad-hoc with “a lot of ‘inside players,’” and suggested expanding it to “include some members of the surrounding community” because they would ultimately be most affected by whatever plans were eventually made for the property. Mr. Silva also said he wanted to include representatives from “cultural and educational organizations to see if we can really generate some ideas,” referring to the possible use of the Hunt as a center for cultural and education programming.

Council member Bruce Whitaker agreed, saying that it was “time to step back and take a wider view as to what the beneficial use of this city-owned property might be over time. And that would be the effort of the ad-hoc committee—to bring people who are creative and who might help forge partnerships that would allow us to renew that facility in a part of town where we need that, where we don’t have much in the way of city facilities.”

Mr. Silva suggested reducing the number of city councilors on the ad-hoc to one, and adding a member of the elementary school district board, another library trustee, and members of the public. Mayor Chaffee objected to including any library trustees at all, stating “I hear way too much bias when I listen to that group.”

Mayor Pro Tem Greg Sebourn called the ad-hoc an opportunity for “getting the community engaged.” He supported including a mix of public members, and didn’t see the need to include a member of the city council. His motion to get the committee started by having each member of the council simply appoint a person of his or her choice was the plan eventually adopted at the meeting. These five initial appointments are expected to be announced at the June 3 meeting of the city council. Library Director Judy Booth will be included as an ex-officio member.

Once convened, the new ad-hoc will appoint four additional members. A link is present on the city’s website for applications for the committee, but does not yet lead to an actual application. Interested parties are encouraged to call or email the City Clerk’s office to find out how to apply at (714) 738-6350 or CityClerksOffice@cityoffullerton.com.

Though not technically required to do so, the new ad-hoc will proceed in accordance with the Brown Act, announcing meetings in advance, and open them to the public, and keep minutes. Rather than the sixty days recommended by city staff, the committee will continue for at least ninety days. During this time City Manager Ken Domer will contact “educational and cultural arts organizations interested in utilizing the property” in advance of an anticipated City Council Study Session later this year.

Some of the many members of the public who spoke to the issue that night didn’t see the need for the formation of an ad-hoc committee at all. Elizabeth Gibbs recalled that another such committee had already existed five years ago, whose recommendations had been adopted by the Fullerton Library Board of Trustees. Others agreed that the trustees themselves were the appropriate body to explore options for the Hunt, but Mayor Chaffee characterized the Hunt as “a building owned by the city without any purpose or restriction on it,”

Area resident Maria Hernandez recalled visiting the Hunt Branch Library frequently with her children, and told the council that if they “converted Hunt Branch library into a cultural center, (they) would be creating jobs, family activities, and come to the rescue of a historic site…” 

Library Trustee Ryan Cantor, who was himself a member of original 2012 ad-hoc  committee, took issue with the agenda item’s reference to the Hunt as a “former library,” as did current Fullerton Library Board of Trustees President Sean Paden. “It’s not the former library, it is the library. It’s closed, but it’s still our library,” said Mr. Paden.  In response, the  city council agreed not to refer to the Hunt Branch in those terms from that point forward. Trustee Cantor recommended issuing Requests for Proposals from interested community groups who might be able to provide funding and/or programming for the Hunt, something also discussed during Library Board meetings.

Nine days later the Library Board itself considered several items regarding the Hunt during their regular May meeting. Rather than meeting in the small boardroom in the west part of the building, the May 24 meeting was held in the Main Library’s Osbourn Auditorium to accommodate the unusual presence of nearly forty public observers. The trustees adopted a document intended to “Define the Intent of the Gift of the Hunt Library.” 

As requested in their previous Special Meeting of May 5, a representative from the office of the City Attorney was present in the person of Deputy City Attorney Kim Barlow for consultation about legal actions the trustees might choose to take over any proposed sale of the Hunt. Ms. Barlow promised to respond to questions in a confidential email to the trustees.

*The Fullerton Public Library Foundation is a non-profit that raises supplemental funds for specific library projects, and is distinct from the Fullerton Public Library Board of Trustees, and from the Friends of the Fullerton Public Library who organize periodic book sales and operate the library’s book store.

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