OC Register Editorial: Democracy Cannot be Stage-Managed by the Majority for their Own Convenience and Political Advantage

The Orange County Register’s editorial of July 17, 2019, correctly calls out and condemns the recent move by the Irvine City Council to prevent a Council Member from putting an item on the agenda unless two other members agree to do so.

As the Register states, “The transparent goal is to shut down the views of the political minority. Irvine officials said they want to stop ‘grandstanding,’ but one person’s grandstanding is another’s chance to raise vital concerns.”

The Register also recognizes that while the new rule was adopted specifically to silence me, the effect of the rule will be to silence all disagreement and dissent:

“Fox has previously discussed supposedly ‘divisive’ issues ranging from flying the LGBTQ flag at City Hall to creating a veterans’ cemetery near the Great Park. But this fracas isn’t about the particular issues any member might want to discuss, but about whether a duly elected official has the right to publicly discuss them. Councils are not private clubs . . . These are the public’s meetings and all officials, even minority voices, represent their constituencies. All elected bodies need to encourage wide-ranging discussions so the public can be part of the self-government process – and not just observers of a carefully crafted script. That’s the essence of representative democracy.”

Thank you to the OC Register for recognizing that public meetings in a real democracy cannot be stage-managed by the majority for their own convenience and political advantage.

As I’ve said before, Irvine’s current pro-Trump Council majority has made it clear that they are following in Irvine the very same playbook of obstruction and bullying used in Washington by Trump and Mitch McConnell, and with the same goal: to silence opposing voices.

But I have no intention of being silent.

And neither do you.

As with Trump and McConnell, we must persist and resist every day, and throw them out decisively in November 2020.

In the meantime, I’ll continue to raise my voice to speak for progressive policies and values — like respect for LGBTQ people, a state cemetery for our veterans, implementation of a serious plan to tackle climate change, more accessible child care, ending sexual violence and discrimination in the workplace, building affordable housing, and ensuring greater government transparency — as I was elected to do.

 

No, We Won’t Back Down

At its last meeting, the Irvine City Council took the unprecedented step of voting to prohibit a council member from placing an item on the agenda without two other council members’ approval.

Now, only the mayor will be allow to put an item on the agenda — a power that until last week had for decades belonged to every individual member of the City Council.

There have been many shifting majorities on the City Council over the years, but no other Council has gone so far to silence dissenting voices and points of view.

You can read about what took place in this excellent article in Voice of OC, including how this new rule is directed squarely at me in retaliation for proposing that Irvine fly the Pride Flag at City Hall, and how they made sure to propose the new rule — and then quickly enact it —  while I was on a long-planned trip to Alaska.

The truth is that Irvine’s Republican, pro-Trump Council majority — created by appointment in a back-room deal — has made it clear that they are following in Irvine the very same playbook of obstruction and bullying used in Washington by Trump and Mitch McConnell, and with the same goal: to silence opposing voices.

But I have no intention of being silent.

And neither do you.

As with Trump and McConnell, we must persist and resist every day.

And throw them out decisively in November 2020.

In the meantime, I’ll continue to raise my voice to speak for progressive policies and values — like respect for LGBTQ people, a state cemetery for our veterans, implementation of a serious plan to tackle climate change, more accessible child care, ending sexual violence and discrimination in the workplace, building affordable housing, and ensuring greater government transparency — as I was elected to do.

 

Congratulations to Irvine on Earning Top Parks Rating in California and 6th in the Nation!

The City of Irvine park system has been ranked 6th in the nation by the Trust for Public Land annual ParkScore Index, effectively making Irvine the top-ranked city in California.

Significantly, with new parks, open space, and amenities added over the past year, the City rose from last year’s ranking of 10th in the nation, climbing up four places.

The Trust for Public Land’s ParkScore rankings assess the nation’s 100 largest cities on factors such as park access, acreage, investment, and amenities. Irvine earned a perfect sore in park spending per resident, and is second in the national for basketball hoops per 10,000 residents.

Among the factors considered in the evaluation is the fact that 80 percent of Irvine’s residents live within a 10 minute walk of a park (compared to a national average of 54 percent) and that 27 percent of Irvine’s city land is used for parks and recreation (compared to a national average of 15 percent).

Of special note, the ParkScore Index did not find any significant difference regarding closeness to parks in Irvine based on the race, nationality, age, or income level of Irvine residents.

The ParkScore Index includes parks, facilities, and amenities managed by the City, either through ownership or joint-use agreements.

The full ParkScore Index is available at tpl.org/parkscore, including score details and demographic information for each city.

Learn more about Irvine parks at cityofirvine.org/parks.

The Trust for Public Land works to protect the places people care about and to create close-to-home parks — particularly in and near cities, where 80 percent of Americans live. It’s goal is to “ensure that every child has easy access to a safe place to play in nature. We also conserve working farms, ranches, and forests; lands of historical and cultural importance; rivers, streams, coasts, and watersheds; and other special places where people can experience nature close at hand.”

Congratulations to my City Council colleagues, our City Manager and City staff, and our Community Services Commissioners, especially our Irvine Community Services Commission Chair Lauren Johnson-Norris!

 

Join Me to Honor our Fallen Heroes in Two Ceremonies this Memorial Day Weekend

Please join me on Memorial Day  weekend as we honor the brave men and women who have made the ultimate sacrifice for our nation and pays special tribute to our local service members and veterans.

Orange County has a long and proud military tradition.

From 1942 to 1999, Irvine was home to Marine Air Station El Toro, the largest Marine Corps Air Station on the West Coast. During World War II, the Korean Conflict, and the Vietnam War, thousands of United States Marines, as well as airmen, sailors and soldiers, departed for war from MCAS El Toro.

Many never returned.

As the daughter of a combat veteran, as the cousin of a Marine who was killed in action, and as an Irvine City Councilmember, I am proud of Irvine’s commitment to honoring our veterans, especially those who made the ultimate sacrifice for our freedom.
Irvine will honor our fallen heroes in two ceremonies this Memorial Day weekend:

Sunday, May 26, 2018 at 4:00 p.m. 

Candle Lighting Ceremony: Northwood Gratitude and Honor Memorial 

4531 Bryan Avenue, Irvine CA 92620 

The Northwood Gratitude and Honor Memorial, dedicated in 2010, is the nation’s first and only memorial dedicated exclusively to listing the names of all the fallen American service members in Afghanistan and Iraq.

The names of every service member who has died in Afghanistan and Iraq are engraved in granite in a permanent memorial, to assure that future generations of Americans will remember and honor them with gratitude as we do today.

The ceremony will honor our fallen heroes from all generations, with special tribute to those fallen heroes of the recent and ongoing wars in Afghanistan and Iraq. The candle lighting ceremony will include presentations from and honor Gold Star families. Please bring lawn chairs or blankets for seating.

Monday, May 27, 2019 at 10:00 a.m. 

Memorial Day Ceremony: Col. Bill Barber Marine Corps Memorial Park 

4 Civic Center Plaza, Irvine CA 92606 

Col. Bill Barber Marine Corps Memorial Park, located next to City Hall, is named in honor of Korean War Medal of Honor recipient and Irvine resident Marine Corps Colonel William E. Barber (1919-2002).

Attendees will have the opportunity to memorialize our troops’ sacrifice by writing a brief Remembrance Card to be posted on a memory board.

As I have done in past years, I will be filling out a memorial card for my cousin, PFC Irwin Handler, USMC, who was killed in Korea, and for the son of family friends, LCPL Donald J. Hogan, USMC, Navy Cross, who was killed in Afghanistan.

Irvine will also specifically honor our own fallen heroes:

Petty Officer Regan Young

Second Lieutenant Mark J. Daily

Lance Corporal Sean Horn

Chief Warrant Officer Steven Michael Larrabee

Major Michael David Martino

Specialist Justin W Pollard

Lance Corporal Michael S. Probst

Major Charles R. Soltes Jr.

Lieutenant Commander Keith E. Taylor

Cards will be also available for well-wishers to send a message of appreciation and support to Irvine’s adopted 211/Marine Battalion.

As stated so beautifully and appropriately by the Veterans of Foreign Wars:

“Pausing to remember and honor America’s fallen service members is a practice dating back more than 100 years. Since the days of the Civil War, humble Americans have gathered together on Memorial Day to remember and pay tribute to all who have fought and selflessly surrendered the precious gift of life, so that other could live free.

Again we gather this Memorial Day, as a nation solemnly united in remembrance of the fallen defenders of our great nation. Freedom is not free. It has come at great cost, paid for with the lives of our sons and daughters, husbands and wives, sisters and brothers, friends and comrades.

Every American owes a great debt to the courageous men and women who have selflessly given their all to defend and protect our way of life. And while giving back to the extent they deserve is impossible, celebrating their memory and honoring their most selfless deeds offers a start.

This Memorial Day, pause to reflect on the absolute selflessness of the 1.3 million members of our nation’s military who paid the price needed to ensure our way of life endures, and let us not forget the families whose pain will never go away, but may lessen with our thanks and prayers.”

God Bless our fallen, their families, and our men and women in uniform all over the world.

Orange County Veterans Deserve a Final Resting Place. The ARDA is the Only Site that has a Real Chance of Receiving the Necessary Funding. Let’s Get it Done!

I have been fighting for a veterans cemetery on the hallowed grounds of the former El Toro Marine Air Station for many years, beginning in 2013.

As I wrote to the Irvine City Council in early 2014:

“Orange County has a long and proud military tradition. Currently, more than two million veterans live in California – more than in any other state.  This military tradition continues into the present, as nearly 7,000 veterans of the Iraq and Afghanistan wars live in Orange County. Yet Orange County veterans do not have their own official military cemetery and those in Orange County who want to visit a veteran’s grave in a national cemetery must travel to Riverside, San Diego or Los Angeles counties.”

“It is time that Orange County offered its veterans – who have sacrificed so much for us – a final resting place close to their families and loved ones.  I believe that a portion of the Great Park in Irvine, which was once the El Toro Marine Corps Air Station, would be an altogether fitting and proper location for this Orange County Veterans Cemetery, as well as a lasting memorial to the Great Park’s military heritage.”

“As an Irvine resident and a member of the Irvine Community Services Commission – and as the daughter of an Orange County Korean War combat veteran – I urge you to create an Orange County Veterans Cemetery and, also, to locate this cemetery in a portion of the Great Park that was once the El Toro Marine Corps Air Station.”

On March 11, 2014, I cheered when the City Council unanimously voted to designate the Amended and Restated Development Agreement [ARDA] site in the Orange County Great Park in Irvine as the future site of a verterans cemetery.

But when I became an Irvine City Councilmember in 2016, I learned that there had been no progress on a veterans cemetery in the intervening two years because, I was informed, of the high cost of the decontamination and demolition necessary on the originally designated ARDA site.

Because the ARDA site did not appear to be financially viable, I, along with the Orange County Veteran’s Memorial Park Foundation and many national and local veterans organizations, supported the Strawberry Fields site as a less expensive, more practical, and faster alternative.

When the voters rejected the Strawberry Fields site as causing too much traffic and being too close to the freeway, I then proposed, along with Irvine City Councilmember Christina Shea, using a portion of the Orange County Great Park (and the former MCAS El Toro) that is currently planned for a golf course to be used instead for a veterans cemetery.

Subsequently, a site was proposed in Anaheim Hills near the 91 Freeway.  While I am not opposed to that site, the fact is that it has not received support from the Assembly, has not received any financial backing from either the county, state, or federal government, and is not located on the historically appropriate grounds of the former MCAS El Toro. It does not appear to be viable.

Now several of our state legislators have recently indicated a strong preference for the ARDA site originally designated by the Irvine City Council.

Assembly Bill 368, authored by Assemblymember Sharon Quirk-Silva (AD 65) and currently before the Assembly Veterans Affairs Committee, states that the California Department of Veterans Affairs “shall acquire, study, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery, which shall be located at the site of the former Marine Corps Air Station El Toro, on 125 acres known as the Amended and Restated Development Agreement [ARDA] Site in the Orange County Great Park in the City of Irvine.”

Significantly, several Orange County members of the legislature, from both sides of the aisle — Democrats Senator Thomas J. Umberg (SD 34) and Assemblymembers Sharon Quirk-Silva (AD 65) and Tom Daily (AD 69) and Republican Assemblymembers Tyler Diep (AD 72), William Brough (AD 73) and Philip Chen (AD 55) — have pledged to allocate the funds necessary for the decontamination of the site and the construction of a veterans cemetery in that location and urged the Irvine City City to re-designate it as the official site.

Their letter states, “Today, we are ready to work with State and Federal officials to secure funding for the Southern California Veterans Memorial Park and Cemetery.  We ask that you stand by your previous commitment to provide a resting place for California veterans at the ARDA site.”

In addition, Nick Berardino, President of VALOR (Veterans Alliance of Orange County) and a Marine Corps veteran of the Vietnam War, who has been advocating for a veterans cemetery for years, has responded to the legislators’ letter by saying “We are excited that the legislature is poised to support the veterans cemetery and impressed that the Orange County delegation is able to secure the funding in this years budget.”

This week, on April 9, 2019, Assembly Bill 368 was unanimously approved (10-0) for passage by the Assembly Veterans Affairs Committee and referred to the Appropriations Committee.

Accordingly, it is now clear that the only site that has a real chance of receiving the necessary funding for an Orange County veterans cemetery is the ARDA site.

For this reason, I am withdrawing my support for the golf course site option and joining with these state legislators in calling for the Irvine City Council to again designate the ARDA as the site for a veterans cemetery and calling on the state and federal government to provide the funding needed to build a veterans cemetery on the ARDA site in the Great Park on the hallowed grounds of the former El Toro Marine Station.

Further, this month, United States Representative Gilbert Cisneros (CA 39), a retired naval officer and a member of the Congressional Subcommittee on Military Construction, Veterans Affairs and Related Agencies has urged the federal government to step up and provide financial help for our long-overdue veterans cemetery in Orange County.

He wrote to the Subcommittee: “I urge you to provide increased funding for the Veterans State Cemetery Grant program in order to support a veterans cemetery in Orange County. With 3.19 million residents, Orange County has a disproportionately high population of veterans. However, it does not have a single veterans cemetery. Local veterans have been campaigning for a veterans cemetery for years, but the federal government has failed to rise to the occasion. While local entities are pursuing a state veterans cemetery, federal funding should be made available in order to get this project across the finish line. I urge you to increase the VA’s State Cemetery Grant program funding to ensure this long overdue project does not suffer any further delays.”

Along with the Orange County Veterans Memorial Park Foundation, which has led the fight years-long fight for an Orange County veterans cemetery, I say “Hurrah!” to Rep. Cisneros’ letter.

Based on all these factors, as a member of the Irvine City Council and the daughter of a combat veteran, I hereby fully commit to the goal of building a Southern California Veterans Cemetery on the grounds of the former MCAS El Toro at the ARDA site.

I have never approached this issue from a partisan perspective, or with concern for anything but properly honoring O.C. veterans like my father. My sole concern now — as it has been from the beginning of this effort — is doing whatever I can to ensure that an O.C. Veterans Cemetery becomes a reality.

I look forward to working in a positive, bipartisan way with our state and federal representatives, other Irvine City Councilmembers, the Orange County Veterans Memorial Park Foundation, veterans organizations, community groups, and private donors, doing whatever it takes and pulling together in the same direction, to finally establish the Orange County veterans cemetery that we have fought for and needed for so long.

Our veterans deserve a final resting place close to their families and loved ones.

Let’s get it done.

Democracy Requires an Election to Fill the Vacancy on the Irvine City Council

When Irvine Mayor Donald Wagner took office as an Orange County Supervisor, Mayor Pro Tem Christina Shea automatically took his place as Mayor.

As a result, there is now a vacancy on the Irvine City Council.

Democracy requires an election rather than an appointment to fill this vacancy.

According to law, a vacancy on the Irvine City Council can be filled by appointment by the remaining four members of the Council or by election by the vote of all the residents of Irvine.

Even if the City Council appoints a new member, the people can still override that appointment and demand an election by filling a petition signed by seven percent of the voters of the City.

Some argue that precedent and financial concerns support appointing the third-place runner-up in the previous election to the open seat on the Irvine City Council, rather than holding an election in which the people will choose the person to serve as their representative.

In fact, neither precedent nor principle support an appointment over the people’s choice as determined by an election.

Since the incorporation of Irvine as a City in 1971, there have been three times that a vacancy needed to be filled for a councilmember.

In the first instance, on October 15, 1985, Ralph A. “Ray” Catalano, a professor at UCI and a former planning commissioner, was appointed to serve the remaining three years of Councilmember David Sills term when Sills resigned from the Council to become a superior court judge.

Significantly, Catalano was not the next highest vote-getter in the previous election.  Catalano was not even a candidate in that election and had never run for office. The person who was the next highest vote-getter in the previous election, Mary Ann Gaido, was not appointed to the open seat. Catalano later explained that he was a political compromise choice and was picked by Sills as his successor.

That is the only time that the Irvine City Council has used an appointment by Councilmembers rather than an election by the people to fill a vacancy on the Council.  In every other case of a vacancy on the City Council, the seat has been filled by a vote of the people in a special election.

Our very first Irvine City Council election was a special election, held on December 21, 1971, when Irvine residents approved the City charter.

On November 6. 1990, a special election was held to fill the vacancy on the City Council when Councilmember Sally Anne Sheridan was elected Mayor the previous June. The next highest vote-getter from the previous election – again it was Mary Ann Gaido – was not appointed.  Bill Vardoulis, who had not run in the prior election, entered that race and won that special election.

On November 3, 1992, a special election was held to fill the vacancy on the City Council when Councilmember Art Bloomer resigned with two years remaining in his term.  The next highest vote getter from the year of Bloomer’s election – and it was again Mary Ann Gaido — was not appointed. Greg Smith won that special election.

Additional special elections have also been called numerous other times for various reasons, such as voting on charter amendments, measures and ordinances.

In fact, in the history of municipal elections in Irvine, special elections seem to be the rule rather than the exception.

Third-place candidates have been elected to the City Council under Measure A, which was adopted by the voters in 1991.

Measure A provides in that in City Council elections where one of the sitting Councilmembers is running for Mayor, the voters can cast three ballots for candidates for the office of City Council, so that “if a council member whose term of office has not yet expired is elected to the office of Mayor, the vacancy in the office of that Councilmember shall be filled by the candidate for Councilmember receiving the third highest number of votes.”

So far, this situation has happened four times.

On June 7, 1988, third-place City Council candidate Cameron Cosgrove was elected when Larry Agran was elected Mayor.

On November 7, 2000, third-place City Council candidate Beth Krom was elected when Larry Agran was elected Mayor.

On November 2, 2004, third-place City Council candidate Sukhee Kang was elected when Beth Krom was elected Mayor.

On November 4, 2008, third-place City Council candidate Larry Agran was elected when Sukhee Kang was elected Mayor.

Our current situation is very different from those cases.

In those cases, the voters were given the explicit opportunity to vote for three candidates for City Council.

As a result, the third-place candidate gained his or her seat on the City Council directly and democratically through the knowing vote of the people, not by appointment based on coming in third when the voters only had the choice of two.

Indeed, as I have shown, our City has NEVER appointed a Councilmember based on a third-place or next-highest finish in a previous election.

Some have argued that we should use this method of appointment – which we’ve never used before – simply in order to save the money that would need to be spent on an election.

First, it should be noted that other local cities are conducting special elections for councilmembers that could easily be coordinated by the Orange County Registrar with our own, thereby reducing the cost of the election.

Most importantly, however, I believe that democracy is worth the cost.

Democracy is far from perfect.

Many of us are convinced that we could pick better officials than those the people elect.

But that is not what our nation is about.

We elect our officials as our representatives; they are not appointed over us.

Democracy is messy, inefficient, and, yes, sometimes expensive.

In the words of Winston Churchill, “democracy is the worst form of Government except for all those other forms that have been tried from time to time.”

I agree.

We should fill the vacant seat on the City Council with the choice of the people as determined by an election.

UPDATE:

On Wednesday, April 3, 2019, the Irvine City Council officially declared a vacancy on the Council.

I have been informed by the city’s attorney and the city manager this declaration “starts the clock” regarding the process of filling the vacant council seat. We now have 60 days from April 3, 2019, to come to an agreement on the appointment of a new Councilmember or there will be an election.

Residents have 30 days from April 3, 2019, to file a petition signed by seven percent of Irvine’s registered voters to require an election regardless of what the council does.

UPDATE:

There is now a Republican proposal to circumvent this voting process by using an arbitrary ‘point proposal,’ under which “each Councilmember shall list three (3) applicants [candidates] in order of preference.” The candidates will be assigned the following point values: Top candidate 3 points, second candidate 2 points, and third candidate, 1 point.

Under this proposed procedure, the applicant receiving the most points will be appointed.

This proposed “point ” procedure:

(1) has never been used by the Irvine City Council to decide how to fill a council vacancy or to make any other appointment;
(2) violates the most crucial principle of a representative democracy — that the people’s representatives are selected by majority rule.

Arbitrarily assigning points to 1st, 2nd, and 3rd choice applicants, and then saying the applicant with the “most points” wins, is simply a way to avoid majority rule. It undermines the basic legitimacy of Irvine’s government.

Please attend the next Irvine City Council meeting on Tuesday, April 9, at approximately 3:00 p.m. to make sure your voices are heard.

UPDATE:

While the so-called “point” procedure was defeated at the last meeting, the question of whether to appoint or have an election is still not settled.

Please attend the next Irvine City Council meeting on Tuesday, April 23, where the Council will likely decide either on a process for appointment of the 5th council member to the vacant seat or deadlock to cause an election.

Closed session starts at 4:00 p.m. and the open meeting begins at 5:00 p.m. The agenda is packed so this may run late.

Let the voters have their say!

 

Happy Saint Patrick’s Day! Mark Your Calendars for the Irish Festival in June at the Great Park!

Happy Saint Patrick’s Day!

Last year, I was named an Irish Honoree by the City of Los Angeles.  The award came as a result of my help in bringing the annual Irish Fair and Music Festival to the Great Park in Irvine.

I am tremendously honored to have been named an Irish Honoree.  Irish Americans have contributed enormously to our nation, and I am proud to help share and celebrate Irish culture.

This year, the Irish Fair and Music Festival will return to the Great Park in Irvine!

Festival dates are Father’s Day weekend, Saturday, June 15 and Sunday, June 16, 2019. 

The Irish Fair and Music Festival is dedicated to preserving and promoting Irish and Irish-American culture in the Southern California area by presenting Irish music, dance, theater, language, sports and all other aspects of the Irish heritage.

Now in its 45th year, the Irish Fair has become a landmark for Irish and Irish American culture and family entertainment. Over 30,000 people attend the event annually. It has been described as the happiest and most fun filled event in all of Southern California!

Among the many artists appearing at the Festival at the Great Park this year are The Fenians,  The Humble HooligansCraic in the Stone,  Sligo Rags,  Young DublinersMarys Lane, and The Ploughboys.

The Irish Fair also features Irish Step Dancing, historical reenactments, Irish and Scottish import shops and arts & craft vendors.

You can find more information, and tickets, online at the Irish Fair and Music Festival.

See you there!

In the meantime, you can get your Irish on and celebrate St. Patrick’s Day by enjoying this phenomenal musical performance of “Rocky Road to Dublin” from last year’s Irish Festival at the Great Park: