Join Melissa Fox, Sharon Quirk-Silva, Cottie Petrie-Norris and Dave Min on September 29, 2020, for a Conversation on Early Child Care and the Education Crisis in Orange County!

Please join me, Sharon Quirk-Silva, Cottie Petrie-Norris, and Dave Min for on Tues., September 29, 2020, at 4:00 p.m. for conversation on early child care the education crisis in Orange County!

The conversation is hosted by Early Childhood OC, Orange County Association for the Education of Young Children (OCAEYC), Pretend City Children’s Museum, and Child360.

This online event is free. The link is: https://us02web.zoom.us/j/81915074314.

What: Conversation on early child care the education crisis in Orange County.
When: Tues., September 29, 2020, at 4:00 p.m. to 5:00 p.m.
Where: Online. Link is https://us02web.zoom.us/j/81915074314.

Early Childhood OC is a community collaborative that was formed to develop Orange County’s Early Childhood Policy Framework in order to ensure that young children reach their developmental potential and are ready to succeed in school and life. The Framework ensures adults are knowledgeable, nurturing, responsive and interact effectively with other adults, children and the family unit and environments that impact children are safe supportive, stable and healthy. Through implementation of the Framework, Orange County will attain economic and social benefits.

Pretend City Children’s Museum is “the world in a nut-shell”, designed for children to learn how the real world works while engaging their curiosities and imaginations. The museum is a child-size interconnected city built to balance rich educational intention with boundless fun, where children can assume various real-world roles and let their creativity rule.  Through interactive exhibits and activities facilitated by our trained professional staff, children learn foundational math, reading and science skills while fostering curiosity, creativity, critical thinking, problem-solving, and teamwork. They see how academic concepts have real-life application by learning in our unique, hands-on environment. Located at 29 Hubble Irvine, CA 92618. For more information, call 949-428-3900.

Child360 is a leading nonprofit working toward a future where every child has the educational opportunities they need to succeed in school and life. Our name reflects our 360 degree approach to improve and expand the vital early learning opportunities our young children need, by working alongside educators, families, partner organizations, policy makers and our communities.

To learn more about my priorities regarding education, please see http://votemelissafox.com/priorities.

Democracy in Action: Public Outrage Leads Irvine City Council to Call on U.S. Postal Service to End and Rescind Actions that Impede Prompt Delivery of the Mail!

Following reports of postal boxes disappearing across Orange County, coupled with recent news stories that the Postmaster General of the United States was removing thousands of postal boxes and mail-sorting machines, eliminating overtime for mail carriers, and reducing post office hours, I joined with Irvine City Councilmember Farrah Khan in calling for the Irvine City Council to speak up on behalf of our residents to urge the Postmaster General to immediately end and rescind these changes.

Thanks to tremendous public support, we succeeded!

At the Irvine City Council meeting on September 8, 2020, the Council unanimously agreed to send an official letter to the U.S. Postmaster, on behalf of our residents, to cease and rescind any actions that undermine prompt delivery of the mail, including “expeditious action to re-store mail sorting equipment and remedy the recent changes to USPS polices and procedures that would result in reduced or delayed mail service levels.”

Here is the full text of the official letter sent to the U.S. Postmaster General:

Thank you to everyone who wrote to the Irvine City Council in support of the U.S. Postal Service! This letter is truly the result of democracy in action.

Now, we must keep the pressure on the federal government to ensure that the USPS “to provide prompt, reliable, and efficient services to patrons in all areas and render postal services to all communities, without interruption.”

UPDATED! Tell the Irvine City Council to Oppose the Slow Down of the U.S. Postal Service!

I have received numerous reports of postal boxes suddenly disappearing across Orange County, including Irvine.  These reports are consistent with recent changes in policy by the Postmaster General of the United States Postal Service, which have included removing thousands of postal boxes and mail-sorting machines, eliminating overtime for mail carriers, and reducing post office hours.

These changes in U.S. Postal Service policy have been faulted for slowing mail delivery — including the delivery of medicine and medical supplies veterans benefits, Social Security checks, census forms, and rent checks — and for making it more difficult for our residents to vote safely and with confidence that their ballots will be timely received during the COVID-19 pandemic.

For these reasons, Councilmember Farrah Khan and I will be asking our colleagues on the Irvine City Council to speak up on behalf of our residents and our businesses to urge the Postmaster General to immediately end and rescind these changes.

Here is the proposed Resolution:

RESOLUTION URGING THE U.S. POSTMASTER GENERAL TO CEASE AND RESCIND ALL ACTIONS THAT SLOW DOWN OR UNDERMINE THE PROMPT DELIVERY OF THE U.S. MAIL, ESPECIALLY DURING THE COVID-19 PANDEMIC AND THE U.S. PRESIDENTIAL ELECTION.

WHEREAS, The United States Postal Service is enshrined in the U.S. Constitution “to bind the country together through the correspondence of the people”; and

WHEREAS, The Postal Service guarantees universal delivery to everyone, ensuring affordable and equitable communication and delivery as a basic right; and is indispensable, especially during the COVID-19 pandemic, to the American people, especially veterans, seniors, and small businesses, delivering medications, stimulus checks, social security checks, census forms, rent checks, medical supplies, and election ballots;

WHEREAS, The Postal Service is one of the most important employers in the United States, providing family sustaining jobs, especially to veterans;

WHEREAS, By failing to seek regulatory approval on policy changes that have a nationwide impact, the United States Postmaster General has unilaterally implemented a series of revisions to the postal service’s protocols and procedures that threaten to undermine the timely delivery of mail across the country, including Irvine. These unilateral changes have included:

  • Removing mailbox locations around the country, including in Irvine and other cities in Orange County;
  • Decommissioning mail-sorting machines, with severe reductions in sorting capacity and the speed of delivery;
  • Severely limiting employees from working overtime, despite reported increases in demand and the need to compensate for employees who are out sick or at home quarantining; and
  • Instructing letter carriers to leave mail behind if it delays routes, running counter to the training postal workers traditionally receive to ensure prompt delivery of the mail;

WHEREAS, The USPS’s actions align with the President’s own recent assertion that he will prevent the postal service from being able to handle the expected surge in demand for voting by mail, and the USPS has warned several states, including California, that it could no longer guarantee timely compliance with all state election deadlines and delivery of all ballots cast by mail for the presidential election.

THEREFORE, BE IT RESOLVED, THAT THE CITY OF IRVINE URGES THE UNITED STATES POSTMASTER GENERAL TO IMMEDIATELY CEASE AND RESCIND ALL ACTIONS, INCLUDING BUT NOT LIMITED TO REMOVAL OF POST BOXES, DECOMMISSIONING OF MAIL SORTING EQUIPMENT,  AND RESTRICTING MAIL CARRIER OVERTIME, THAT SLOW DOWN OR UNDERMINE THE PROMPT DELIVERY OF THE U.S. MAIL, ESPECIALLY DURING THE COVID-19 PANDEMIC AND THE U.S. PRESIDENTIAL ELECTION.

PASSED AND ADOPTED by the City Council of Irvine at the meeting held on the 8th day of September 2020.

Please join us in urging the Irvine City Council to adopt this Resolution.

You can contact the other three members of the Irvine City Council to tell them to urge the Postmaster General to immediately cease and rescind that slow down or undermine the prompt delivery of the U.S. mail here:

Mayor Christina Shea:
christinashea@cityofirvine.org

Councilmember Anthony Kuo:
anthonykuo@cityofirvine.org

Councilmember Michael Carroll:
michaelcarroll@cityofirvine.org

You can also SIGN OUR PETITION here.

Thanks!

UPDATE: On August 27, 2020, the California Assembly voted 50-0 in favor of a Resolution that “urges the federal administration and the Republican-controlled U.S. Senate to cease and desist from all efforts to reduce the ability of voters to cast their ballots by mail or diminish public confidence in the vote by mail program as it relates to the November 3, 2020, general election” and that United States Postmaster General Louis DeJoy to immediately restore all mailboxes and mail sorters back to the communities from which they were removed in order to guarantee the timely and efficient delivery of vote by mail ballots in the November 3, 2020, general election.”

Of course, I would have voted in favor of this Resolution. Our current representative to Sacramento for the 68th AD, Steven Choi, again failed to show up to vote. In fact, Choi has one of the highest no-show rates in the CA legislature.  It’s time for us in AD68 to have a representative in Sacramento who cares about the people’s business and shows up to do the job he was elected to do.

UPDATE: Thank you to everyone who wrote to the Irvine City Council in support of the Postal Service. As the result of your efforts, the Council at its meeting on September 8. 2020, unanimously agreed to send an official letter to the U.S. Postmaster, on behalf of our residents, to cease amd rescind any actions that undermine prompt delivery of the mail.

Tell the Irvine City Council to Implement Community Choice Energy (CCE) Now!

At our Irvine City Council meeting on July 14, 2020, we will be discussing Irvine’s next steps regarding implementation of a Community Choice Energy Plan.

Community Choice Energy (CCE) is a way for cities, counties or regions in California to look out for their own energy interests, a hybrid between regulated and deregulated electricity supply. CCE programs seek to provide energy that is cheaper and cleaner than energy provided by for-profit utility companies.

Nearly two years ago, on September 25, 2018, before a standing-room crowd, as Chair of Irvine’s Green Ribbon Committee, I joined with my colleagues on the Irvine City Council to vote to commission a feasibility study to determine the pros and cons of implementing a Community Choice Energy program in Irvine, including potential economic benefits for the community.

At the direction of the Irvine City Council, EES Consulting completed a comprehensive analysis of the feasibility (including costs and benefits) of a Community Choice Energy program in Irvine.  For this work, the taxpayers of the City of Irvine paid EES Consulting over $180,000.  We received the EES Consulting Feasibility Study in June 2019.

Among the study’s crucial conclusions was the projection that a CCE in Irvine would result in savings of $7.7 million per year in citywide electricity cost savings for Irvine residents and businesses, and a $112,000 per year savings for the City itself in municipal energy costs, as well as driving additional local economic development benefits, such as new jobs and $10 million in annual economic output.

Despite the extremely positive results of the feasibility study (or perhaps precisely because of these very positive results), the Republicans on the Irvine City Council insisted that we undertake a second study to evaluate the results of the first study.

I believed at the time that this second study was unnecessary and feared that it was really a scheme to delay and ultimately derail implementation of CCE in Irvine.

These fears have been born out.

In this second study (a so-called “third-party peer review”), MRW & Associates reviewed the EES Consulting Feasibility Study and found that, while there were some quibbles about the EES Consulting Feasibility Study’s assumptions and analysis, (1) the analytical approach of the EES Consulting Feasibility Study was sound; (2) the rate savings projected by the EES Consulting Feasibility Study is consistent with what current CCE programs are offering, and (3) a CCE program in Irvine could be financially viable.

In addition, MRW & Associates found that (4) the EES Consulting Feasibility Study adequately addressed the four CCE governance options available to the City, and (5) agreed with EES Consulting Feasibility Study that the two most reasonable options are forming an Irvine-only CCE or developing a Joint Powers Agreement (JPA) with other Orange County cities.

Nevertheless, according to the staff report, “Given the uncertainty of some variable inputs, MRW recommends that if the City pursues formation of a CCE, a more extensive and detailed pro forma analysis be required prior to implementation.”

In other words, despite overall agreement with the analytical approach and the positive conclusions of the EES Consulting Feasibility Study, the MSW report recommends that Irvine undertake (and pay for and wait for) yet another study, and of course, more paralysis by analysis.

Instead, the City Council should immediately implement the Community Choice Energy program that studies we have twice paid for show to be a tremendous benefit to both the City and the planet.

We also need to adopt and implement the stand-alone Climate Action Plan that the Irvine City Council unanimously voted to develop, with lots of public fanfare and self-congratulations, in July 2019.   Like the Community Choice Energy plan, I am concerned that the Republican majority on the Irvine City Council has no intention of adopting a stand-alone Climate Action Plan and is delaying implementation with no intention to move forward.

For all of these reasons, I call on all Irvine residents to sign the petition to “Tell Irvine’s City Council to Implement Community Choice Energy (CCE) Now.”

I also ask you to submit an e-comment to the Irvine City Council in support of implementing a CCE now, without further and unnecessary delay.

The Climate Action Campaign has created an engaging 10 minute video explaining the issue.

Watch it here:

 

 

Tell the Irvine City Council To Repeal Its Unconstitutional Anti-LGBTQ Law!

“If the broad light of day could be let in upon men’s actions, it would purify them as the sun disinfects.” — Louis Brandeis, Justice of the United States Supreme Court

Please join us on July 14, 2020, when the Irvine City Council decides whether to approve the motion from Councilmembers Melissa Fox and Farrah N. Khan to repeal and remove a cruel and unconstitutional anti-LGBTQ ordinance that has been part of Irvine’s Municipal Code as Sec. 3-5-501 through 503 since 1989.

[UPDATE: Sign our Petition to Repeal and Remove Irvine’s Ant-LGBTQ Ordinance].

Most residents of Irvine do not know that our diverse and forward-thinking city has an ordinance on the books that specifically and explicitly denies anti-discrimination protection to people based on their sexual orientation.

In fact, most residents are shocked when they learn that the Irvine Municipal Code includes the following:

“Sec. 3-5-503. – City Council parameters.

Except as provided in section 3-5-502, the City Council shall not enact any City policy, law or ordinance that:

A.  Defines sexual orientation as a fundamental human right.

B.  Uses sexual orientation, in whole or in part, as the basis for determining an unlawful discriminatory practice and/or establishes a penalty or civil remedy for such practice.

C.  Provides preferential treatment or affirmative action for any person on the basis of their sexual orientation.”

We believe it is outrageous that this cruel and unconstitutional law is still on the books in Irvine! It’s long past time for it to be repealed and removed!

These provisions were added by Ord. No. 89-1, which was adopted as Measure N by 53% of the voters as an initiative on Nov. 7, 1989, overturning an Irvine Human Rights Ordinance enacted by the Council in July 1988 that prohibited discrimination based on sexual orientation.

The main proponent of the Measure N ballot initiative and the subsequent anti-LGBTQ ordinance was a group calling itself the “Irvine Values Coalition,” led by carwash-developer Michael Shea and his then-wife (and later Irvine mayor) Christina Shea.

According to Christina Shea, the initiative was needed because the earlier Human Rights ordinance gave “special legislative protection to the homosexual, bisexual and lesbian communities” and “homosexuality is characterized by a wide range of sexual perversions, varying degrees of promiscuity and a disproportionate percentage of sexually transmitted diseases.”

Irvine’s anti-LGBTQ ordinance violates both the Equal Protection Clause of the United States Constitution and California’s Unruh Civil Rights Act.

In Romer v. Evans, 517 U.S. 620 (1996), the U.S. Supreme Court ruled that the Equal Protection Clause of the Constitution prohibits a state from banning LGBTQ people from seeking “specific legal protection from injuries caused by discrimination.”

The facts of Romer v. Evans are as follows: after various cities and counties in Colorado enacted laws prohibiting discrimination based on sexual orientation, the State of Colorado, through a ballot initiative, amended its state constitution to “prohibit[] all legislative, executive or judicial action at any level of state or local government designed to protect . . . homosexual persons or gays and lesbians.”  As the Supreme Court explained, under the amendment, “Homosexuals, by state decree, are put in a solitary class with respect to transactions and relations in both the private and governmental spheres. The amendment withdraws from homosexuals, but no others, specific legal protection from the injuries caused by discrimination, and it forbids reinstatement of these laws and policies.”

The Supreme Court declared that the Colorado constitutional amendment was based upon animosity toward homosexual people and lacked a rational relation to any legitimate governmental purpose.  Accordingly, the Court determined that Colorado’s constitutional amendment violated the Equal Protection Clause of the 5th Amendment of the U.S. Constitution, applicable to the states through the 14th Amendment.

Like the Colorado constitutional amendment that the Supreme Court invalidated in Romer v. Evans, Irvine’s anti-LGBTQ ordinance attempts to prohibit local government action “designed to protect . . . homosexual persons or gays and lesbians” [i.e., protects people based on “sexual orientation.”] and like the Colorado constitutional amendment invalidated in Romer v. Evans, Irvine’s anti-LGBTQ ordinance “withdraws from homosexuals, but no others, specific legal protection from the injuries caused by discrimination.” Accordingly, Romer v. Evans renders Irvine’s anti-LGBTQ ordinance unconstitutional.

Moreover, not only is Irvine’s anti-LGBTQ ordinance unconstitutional, it also clearly contradicts and is superseded by California’s Unruh Civil Rights Act, which explicitly prohibits discrimination against people based on “sexual orientation.”

Because state law supersedes any city law or local ordinance, the Unruh Civil Rights Act’s prohibition of discrimination on the basis of sexual orientation anywhere in California means that Irvine lacks the power to declare that “the City Council shall not enact any City policy, law or ordinance that: Uses sexual orientation, in whole or in part, as the basis for determining an unlawful discriminatory practice and/or establishes a penalty or civil remedy for such practice.”

We would like the see the eyes of the world on Irvine. 

We believe that the three others on the Irvine City Council — Mayor Christina Shea and Councilmembers Anthony Kuo and Mike Carroll — are far more likely to vote to repeal and remove this cruel and unconstitutional ordinance from the Municipal Code if they know that PEOPLE ARE WATCHING!

You can read more about the origins of this anti-LGBTQ ordinance — how it was promoted by (now Mayor) Christina Shea and her then-husband Michael Shea out of animosity and fear toward LBGTQ people and as a launching pad for their right-wing political careers — at Melissa Fox’s blog post HERE.

The Irvine City Attorney, who is an ally of Mayor Christina Shea, has stated that because this anti-LGBTQ ordinance was made law by a ballot initiative, it can only be repealed and removed by another ballot initiative. Our argument against this assertion is that this ordinance is clearly unconstitutional under many United States Supreme Court cases, as well as in violation of federal and state law; for this reason, it’s repeal and removal does not change the law in a way that requires another ballot measure.

In fact, the California Legislature dealt with this very issue in its repeal of the unconstitutional sections of Prop 187 by Senate Bill 396 (2014) by a majority vote of the Legislature without a vote of the entire electorate.  As the Judicial Committee of the California Senate noted, “Under existing law, California’s Constitution only authorizes the Legislature to amend or repeal initiative statutes by way of another statute that becomes effective only when approved by the electors –unless the initiative statute permits amendment or repeal without their approval. (Cal. Const., art. II, Sec. 10, subd. (c).) This bill [SB 396] seeks to repeal several state statutes implemented upon voter approval of Proposition 187, which generally prohibited the provision of various benefits to undocumented aliens. That proposition did not authorize the Legislature to amend or repeal its provisions without voter approval.”

Nevertheless, the Judicial Committee found that the Legislature had authority to repeal the unconstitutional sections of Prop 187 without a vote of the entire electorate. It reasoned that because the bill did not modify or repeal any provisions of Prop 187 except those that are unconstitutional and therefore unenforceable, it did not make any change in existing law. Accordingly, “SB 396 would not impermissibly repeal or amend the initiative; rather, it would merely update California statutes to accurately reflect current law.” The bill passed the Assembly and the Senate with only a single No vote.

The same circumstances exist here. Keeping this discriminatory language on the books, “causes confusion and harmful outcomes . . . [Therefore], it is fitting that [we] expressly acknowledge the detrimental impact of the discriminatory [language] by removing its stain from the state’s statutes.”  That is precisely what our City Council needs to do now, and what the precedent of SB 396 gives us clear authority to do: “expressly acknowledge the detrimental impact of the discriminatory [language of Sec. 3-5.501-503] by removing its stain from the [City’s Code.]”

In addition to being unconstitutional and in violation of superseding state laws, Irvine’s anti-LGBTQ ordinance is a cruel and embarrassing relic of a more prejudiced time.

Does Irvine want to remain on record as being one of the very few cities in America, and  indeed the world, that still officially discriminates against people based on their sexual orientation?  We hope not!

Please watch the Irvine City Council Meeting online on July 14.

Please ask your friends and family to watch.

And, crucially, LET THE IRVINE CITY COUNCIL KNOW THAT YOU’RE WATCHING THEM!

You can WATCH the meeting live on ICTV, Cox Communications local access channel 30, and AT&T U-verse channel 99, and livestreamed online at cityofirvine.org/ictv.

You can CONTACT the other three members of the Irvine City Council to tell them to REPEAL AND REMOVE IRVINE’S ANTI-LGBTQ ORDINANCE here:

Mayor Christina Shea:
christinashea@cityofirvine.org

Councilmember Anthony Kuo:
anthonykuo@cityofirvine.org

Councilmember Michael Carroll:
michaelcarroll@cityofirvine.org

You can SIGN OUR PETITION to Repeal and Remove Irvine’s Ant-LGBTQ Ordinance.

Please see our Facebook event page, hosted by Melissa Fox, Farrah N. Khan, Tammy Kim, and Lauren Johnson-Norris.

Rally for Flying the Pride Flag in Irvine! Tues., June 23, 2020 Time: 3:30 pm at Irvine City Hall Plaza!

June is Pride Month, when the State of California, and nations and cities around the world, stand with the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community as they declare their pride in who they are and who they love.

Show your support for flying the Pride Flag in Irvine by joining Irvine City Councilmembers Melissa Fox and Farrah N. Khan at a Rally at City Hall before Tuesday’s Irvine City Council Meeting! 

What: Rally for Flying the Pride Flag in Irvine
Where: Irvine City Hall, 1 Civic Center Plaza
Date: Tues., June 23, 2020
Time: 3:30 p.m. 

Click here to see the Facebook event page for the Rally.

Remember face coverings and social distancing is legally required in Irvine! Let’s keep each other safe while we make the world a better place!

Please also show your support for flying the Pride Flag in Irvine by contacting Mayor Christina Shea and the Irvine City Council to let them know. We need only one more vote! Contact the Irvine City Council: https://www.cityofirvine.org/city-council/contact-council

Note: At the following meeting on July 14th, we will be urging the Irvine City to repeal and remove its unconstitutional and cruel anti-LGBTQ ordinance!
https://melissafoxblog.com/2020/06/14/irvine-should-repeal-its-anti-lgbtq-ordinance-now/

Irvine Should Repeal Its Anti-LGBTQ Ordinance Now!

At the Tues., July 14, 2020, Irvine City Council meeting, I will move to repeal Irvine’s anti-LGBTQ ordinance [Sec. 3-5-501 through 503] as unconstitutional under the Equal Protection Clause of the United States Constitution and in violation of California’s Unruh Civil Rights Act, which explicitly prohibits discrimination against people based on “sexual orientation.”

Councilmember Farrah Khan has agreed to join me in putting this item on the July 14 Council agenda and in supporting this motion.

Most residents of Irvine do not know that our diverse and forward-thinking city has an ordinance on the books that specifically and explicitly denies anti-discrimination protection to people based on their sexual orientation.

In fact, most residents are shocked when they learn that the Irvine Municipal Code includes the following:

“Sec. 3-5-503. – City Council parameters.

Except as provided in section 3-5-502, the City Council shall not enact any City policy, law or ordinance that:

A.  Defines sexual orientation as a fundamental human right.

B.  Uses sexual orientation, in whole or in part, as the basis for determining an unlawful discriminatory practice and/or establishes a penalty or civil remedy for such practice.

C.  Provides preferential treatment or affirmative action for any person on the basis of their sexual orientation.”

These provisions were added by Ord. No. 89-1, which was adopted as Measure N by 53% of the voters as an initiative on Nov. 7, 1989, overturning an Irvine Human Rights Ordinance enacted by the Council in July 1988 that prohibited discrimination based on sexual orientation.

The main proponent of the Measure N ballot initiative and the subsequent anti-LGBTQ ordinance was a group calling itself the “Irvine Values Coalition,” led by carwash-developer Michael Shea and his then-wife (and later Irvine mayor) Christina Shea.

According to Christina Shea, the initiative was needed because the earlier Human Rights ordinance gave “special legislative protection to the homosexual, bisexual and lesbian communities” and “homosexuality is characterized by a wide range of sexual perversions, varying degrees of promiscuity and a disproportionate percentage of sexually transmitted diseases.”

This anti-LGBTQ ordinance violates both the Equal Protection Clause of the United States Constitution and California’s Unruh Civil Rights Act.

In Romer v. Evans, 517 U.S. 620 (1996), the U.S. Supreme Court ruled that the Equal Protection Clause of the Constitution prohibits a state from banning LGBTQ people from seeking “specific legal protection from injuries caused by discrimination.”

The facts of Romer v. Evans are as follows: after various cities and counties in Colorado enacted laws prohibiting discrimination based on sexual orientation, the State of Colorado, through a ballot initiative, amended its state constitution to “prohibit[] all legislative, executive or judicial action at any level of state or local government designed to protect . . . homosexual persons or gays and lesbians.”  As the Supreme Court explained, under the amendment, “Homosexuals, by state decree, are put in a solitary class with respect to transactions and relations in both the private and governmental spheres. The amendment withdraws from homosexuals, but no others, specific legal protection from the injuries caused by discrimination, and it forbids reinstatement of these laws and policies.”

The Supreme Court declared that the Colorado constitutional amendment was based upon animosity toward homosexual people and lacked a rational relation to any legitimate governmental purpose.  Accordingly, the Court determined that Colorado’s constitutional amendment violated the Equal Protection Clause of the 5th Amendment of the U.S. Constitution, applicable to the states through the 14th Amendment.

Like the Colorado constitutional amendment that the Supreme Court invalidated in Romer v. Evans, Irvine’s anti-LGBTQ ordinance attempts to prohibit local government action “designed to protect . . . homosexual persons or gays and lesbians” [i.e., protects people based on “sexual orientation.”] and like the Colorado constitutional amendment invalidated in Romer v. Evans, Irvine’s anti-LGBTQ ordinance “withdraws from homosexuals, but no others, specific legal protection from the injuries caused by discrimination.”

Accordingly, Romer v. Evans renders Irvine’s anti-LGBTQ ordinance unconstitutional.

Moreover, not only is Irvine’s anti-LGBTQ ordinance unconstitutional, it also clearly contradicts and is superseded by California’s Unruh Civil Rights Act, which explicitly prohibits discrimination against people based on “sexual orientation.”

Because state law supersedes any city law or local ordinance, the Unruh Civil Rights Act’s prohibition of discrimination on the basis of sexual orientation anywhere in California means that Irvine lacks the power to declare that “the City Council shall not enact any City policy, law or ordinance that: Uses sexual orientation, in whole or in part, as the basis for determining an unlawful discriminatory practice and/or establishes a penalty or civil remedy for such practice.”

Irvine anti-LBGTQ initiative was one of several ballot measures across the nation in the late 1980s and early 1990s not only to seek to repeal existing anti-discrimination ordinances, but to proactively prohibit any local unit of government from ever passing such ordinances in the future.

Hence, the Irvine anti-LGBTQ ordinance includes provisions that purport to make it extremely difficult for a future Irvine City Council  to repeal it.  According to the ordinance, “Any law or ordinance pertaining to Section 3-5-503 may only be enacted by obtaining the approval of a majority of the voters of the City of Irvine voting on the measure at a regular or special election. Such a measure may only be placed on the ballot by citizen’s initiative or a two-thirds majority vote by the City Council.” [Sec. 3-5-502.].

The Supreme Court in Romer v. Evans made clear that it is an unconstitutional violation of the Equal Protection Clause to single out LGBTQ people for special burdens. including burdening them with special difficulties in enacting anti-discriminatory laws.  According, it is clear that the procedural provisions of Irvine’s anti-LGBTQ ordinance — requiring a 2/3 vote of the Council and then a ballot initiative for repeal — is again a violation of the Equal Protection Clause of the 5th and 14th Amendments because it is designed to make passage of protections against discrimination based on sexual orientation especially burdensome and difficult.

The California Legislature dealt with this very issue in its repeal of the unconstitutional sections of Prop 187 by Senate Bill 396 (2014) by a majority vote of the Legislature without a vote of the entire electorate.

As the Judicial Committee of the California Senate noted, “Under existing law, California’s Constitution only authorizes the Legislature to amend or repeal initiative statutes by way of another statute that becomes effective only when approved by the electors –unless the initiative statute permits amendment or repeal without their approval. (Cal. Const., art. II, Sec. 10, subd. (c).) This bill [SB 396] seeks to repeal several state statutes implemented upon voter approval of Proposition 187, which generally prohibited the provision of various benefits to undocumented aliens. That proposition did not authorize the Legislature to amend or repeal its provisions without voter approval.”

Nevertheless, the Judicial Committee found that the Legislature had authority to repeal the unconstitutional sections of Prop 187 without a vote of the entire electorate. It reasoned that because the bill did not modify or repeal any provisions of Prop 187 except those that are unconstitutional and therefore unenforceable, it did not make any change in existing law. Accordingly, “SB 396 would not impermissibly repeal or amend the initiative; rather, it would merely update California statutes to accurately reflect current law.” The bill passed the Assembly and the Senate with only a single No vote.

The same circumstances exist here.

Like the parts of Prop 187 repealed by a simple majority vote of the Legislature in 2014, the anti-LGBTQ ordinance is unconstitutional and enforceable. Like the unconstitutional parts of Prop 187, although Irvine’s anti-LGBTQ ordinance is unconstitutional and unenforceable, its language remains on the books. Keeping this discriminatory language on the books, “causes confusion and harmful outcomes . . . [Therefore], it is fitting that [we] expressly acknowledge the detrimental impact of the discriminatory [language] by removing its stain from the state’s statutes.”

That is what our City Council needs to do now, and what the precedent of SB 396 gives us clear authority to do: “expressly acknowledge the detrimental impact of the discriminatory [language of Sec. 3-5.501-503] by removing its stain from the [City’s Code.]”

In addition to being unconstitutional and in violation of superseding state laws, Irvine’s anti-LGBTQ ordinance is a cruel and embarrassing relic of a more prejudiced time.

Does Irvine want to remain on record as being one of the very few cities in America, and  indeed the world, that still officially discriminates against people based on their sexual orientation?  I hope not.

For all of these reasons, I will move to repeal Irvine’s anti-LGBTQ ordinance.  

As noted above, Councilmember Farrah Khan has agreed to join me in putting this item on the next Council agenda for Tues., July 14, 2020, and in supporting this motion.

If you agree with us, please tell Mayor Christina Shea and the rest of the Irvine City Council that Irvine’s anti-LGBTQ ordinance [Sec. 3-5-501 through 503] needs to be repealed NOW.

Contact the Mayor and the Irvine City Council by email here.

June is Pride Month: Support Flying the Pride Flag at Irvine City Hall!

June is Pride Month, when the State of California, and nations and cities around the world, stand with the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community as they declare their pride in who they are and who they love.

June holds historic significance for the LGBT community.  In 1969, the Stonewall Riots occurred in the New York City as a protest against the police department’s unfair targeting of the LGBT community. The Stonewall Riots led to political organizing that is considered to be the beginning of the modern LGBT civil rights movement. The following year, the first LGBT Pride Parade was held in New York City on the anniversary of the Stonewall Riots. Today, California has the largest LGBT population in the nation and is home to over forty LGBT Pride celebrations. 

As Governor Newsom stated recently in his Pride Month Proclamation, “The LGBTQ community has worked tirelessly for respect, equality and their very right to exist. Their battles have been fought in the courts, from marriage equality to demanding equal protection under the law.  While there has been remarkable progress towards acceptance and equality in recent years, members of the LGBTQ community in the United States and around the world still face an unacceptable level of discrimination and violence. This includes LGBTQ people who aren’t safe at home and those who do not have a home in which to stay.  We must push back against those who threaten the safety of LGBTQ Californians and challenge our progress. And we must continue to make the case that all human beings share something fundamental in common – all of us want to be loved, and all of us want to love. We cannot march in a parade this June, but we can and will stand with our LGBTQ family, friends and neighbors. Pride celebrations may look different this year, but in California, no matter the circumstances, we are proud to support our LGBTQ community’s right to live their lives out loud. As we celebrate Pride across the state, we must continue to demand equal rights for all to create a California for all.”

Last year, I asked the Irvine City Council to fly the Pride Flag from our Civic Center. In doing so, we would be joining many other cities, including Anaheim, Costa Mesa, Laguna Beach, and Fullerton, as well as the Orange County Fairgrounds, in flying the Pride Flag to recognize Pride Month by making it clear to all that our community is a place where LGBT people are visible, accepted, and welcome.

Unfortunately, although dozens of residents spoke at the meeting in support of flying the Pride Flag, the Council defeated the proposal and I was the only Councilmember to speak in favor of it. Councilmember Mike Carroll even called the Pride Flag “a spectacle of divisiveness.” 

In fact, in direct response to my motion to fly the Pride Flag, 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.  As the Orange County Register correctly stated in a powerful editorial opposing the Council’s action, “the transparent goal [was] to shut down the views of the political minority.”

Following the City Council’s rejection of my Pride Flag motion, I joined with numerous other Irvine residents in our own Pride Flag event in front of City Hall, celebrating LGBTQ Pride and diversity in Irvine.  I also placed a Pride Flag in front of my office at City Hall.

I said at the time that I had no intention of being silent.  Therefore, I will again bring a motion to the Irvine City Council to fly the Pride Flag from our Civic Center as a visible and prominent expression of our City’s commitment to equal rights for all and to ensure that our LGBTQ community can live their lives out loud.

Under the new rules imposed by the City Council majority in response to my Pride Flag motion last year, I asked Councilmember Farrah Khan to join me in placing this motion on the City Council agenda.  She told me she was working with other, Republican, councilmembers on a Pride-related agenda item.  When I asked her specifically whether the item included flying the Pride Flag, she did not respond.

I have now seen the agenda item, a proclamation, and it does not call for flying the Pride Flag from the Civic Center as a clear symbol of Irvine’s commitment. 

Accordingly, this year I will again bring a motion to fly the Pride Flag from our Irvine Civic Center.

Please show your support for flying the Pride Flag in Irvine by contacting Mayor Christina Shea and the Irvine City Council to let them know.  Click here for their email addresses.

Click here for a link to e-comment of the agenda item. Your comment is supposed to be read aloud by the clerk during the City Council meeting.

As Harvey Milk told us, “Hope will never be silent.”

UPDATE: Tues., June 9, 2020

I am deeply disappointed that no other member of the Council supported my motion to fly the Pride flag in Irvine during Pride. Not Mayor Christina Shea. Not Councilmembers Farrah Khan, Anthony Kuo, or Mike Carroll. What an embarrassment for our City. 

 

Let’s Help Celebrate Woodbridge High School Seniors Graduation on Thurs., June 4!

Help the Woodbridge Warriors celebrate 🎉 on the Loop at 2 this Thursday!

This Thursday, June 4, at 2:00 pm our Woodbridge High School Seniors will be driving around the loop (East Yale to West Yale) as a mark of celebration for graduation 🎓.

Red and Yellow Ribbons have been placed around the trees for them in the center of the loop, but it would be great to show up for them too!

This Thursday walk up to the loop where it’s all happening and show your support for our wonderful seniors, who missed out on not only their graduation but the second half of their senior year. (Think about your own senior year for a minute and imagine not having any of those memories, moments to reflect on for your life).

Please wear a facial covering and maintain social distance!

I’d also like to add my personal enthusiastic congratulations to all our City of Irvine 2020 graduates!  You are now the leaders that you’ve been waiting for to make the changes we need to make our nation stronger, fairer, and more just for all of us!

 

 

Exposing Inequalities During COVID-19: Join Melissa Fox’s ZOOM Town Hall with Dr. Ebony Jade Hilton!

Join us on Thurs., May 28 at 6:00 pm PDT for a ZOOM Town Hall Meeting with Irvine City Councilmember Melissa Fox and special guest Dr. Ebony Jade Hilton on “Exposing Inequalities During COVID-19.” 

Black and brown communities in the United States are being hit much harder by the COVID-19 pandemic than white communities. 

Join Melissa and Dr. Hilton as they discuss why people of color have a much higher risk of being infected and dying from COVID-19, what the pandemic reveals about the underlying racial and economic disparities in our society, and what we can — and must — do about it.

Dr. Ebony Jade Hilton is Associate Professor of Anesthesiology and Critical Care Medicine at the University of Virginia Medical School, medical director of Goodstock Consulting, and a nationally recognized expert on how institutional racism has led to more severe impacts for communities of color from diseases such as COVID-19. 

Dr. Ebony Jade Hilton received her M.D. from the Medical University of South Carolina (MUSC) in 2008. She remained at MUSC for completion of her Residency in Anesthesia, followed by a Fellowship in Critical Care Medicine. In 2013 Dr. Hilton made history as she was hired as the 1st African American Female anesthesiologist since the hospital’s opening in 1824.

Throughout her tenure at MUSC Dr. Hilton’s passions have centered on exploring the issue of health disparities, particularly as it pertains to race, and bridging the gap between physicians and the communities they serve. Her works have led to her integration in the medical school curriculum, serving as a clinical instructor for fourth year medical students in Intern 101 and has taken her across the globe as a participant in numerous medical mission trips via Project Madaktari at Bugando Medical Center in Mwanza, Tanzania.

Now as a practicing physician at the University of Virginia – Charlottesville, Dr. Hilton has continued advocating for underserved and marginalized populations.

Her efforts have been recognized by the National Medical Association as well as the National Minority Quality Forum as one of the top 40 under 40 Leaders in Health Care award recipients.

She is also the author of the children’s book “We’re Going to be O.K.,” a book about staying safe, healthy, and optimistic during the COVID-19 pandemic.

What: “Exposing Inequalities During COVID-19” : A Virtual Town Hall with Irvine City Councilmember Melissa Fox and Dr. Ebony Jade Hilton

When: Thurs., May 28, 2020 at 6:00 p.m. PDT

Where: ZOOM Meeting ID 951-321-0807

See the Facebook page for this event HERE.

Melissa Fox is an Irvine City Councilmember and a candidate to represent AD 68 in the California State Assembly.

Visit Melissa’s assembly campaign website at http://votemelissafox.com.

Please “like” Melissa Fox for California Assembly!

For more information, please contact Allison at alli@votemelissafox.com

UPDATE: Watch the video of “Exposing Inequalities During COVID-19” : A Virtual Town Hall with Irvine City Councilmember Melissa Fox and Dr. Ebony Jade Hilton HERE

Congratulations to Irvine on Earning Top Parks Rating in California and 7th in the Nation!

The City of Irvine park system has been ranked 7th in the nation by the Trust for Public Land annual ParkScore Index, effectively making Irvine the top-ranked city in California.

This is the third consecutive year the City’s parks have ranked in the top 10 nationally.

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 nation for basketball hoops per 10,000 residents.

Among the factors considered in the evaluation is the fact that 82 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 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 my appointee to the Irvine Community Services Commission, Lauren Johnson-Norris, who has worked so hard to improve the experiences of our residents in our parks and open spaces.

Watch Melissa Fox’s ZOOM Town Hall with Irvine Ranch Conservancy Director Mike O’Connell!

I’ve always been an outdoors person, and I love going hiking and exploring in Southern California’s beautiful wild lands, mountains, and deserts.  Long before I entered politics, I served as a volunteer Ranger with the Orange County Park Ranger Reserve.  This past week, I had the pleasure of talking with Irvine Ranch Conservancy Executive Director Michael O’Connell last week during a ZOOM meeting Town Hall.  

The Irvine Ranch Conservancy is a non-profit, non-advocacy organization, committed to the highest possible standards of long-term land stewardship. Based in Orange County, California, the mission of the IRC is to ensure the protection, restoration and enhancement of the natural resources of the Irvine Ranch Natural Landmarks forever and to provide diverse opportunities for public participation by conducting and supporting scientific, recreational and educational initiatives and programs.

Michael O’Connell, Irvine Ranch Conservancy President and Executive Director, oversees all aspects of stewardship, public programs and business operations for the Irvine Ranch Conservancy. He has 25 years experience in land protection and conservation science including senior positions with The Nature Conservancy and World Wildlife Fund. He has served on the Board of Governors of the Society for Conservation Biology, and the Advisory Board of the Bren School of Environmental Science and Management at UC Santa Barbara. He is currently on the Dean’s Leadership Council for the School of Biological Sciences at UC Irvine. Michael has co-authored two books on conservation and a number of scientific and popular articles. He has a bachelor’s degree in Geology from Carleton College and a Master’s in Conservation Biology from Yale School of Forestry and Environmental Studies.

After we talk about the history and the special character of this incredible land, Mike leads us on a tour of this incredible natural resource in our backyard.

 Watch our Town Hall on the Irvine Ranch Conservancy here:

Join Melissa Fox’s ZOOM Town Hall with Irvine Ranch Conservancy Director Mike O’Connell. Thurs., May 14 at 4:00 PM!

Join Irvine City Councilmember Melissa Fox in a ZOOM Town Hall with Irvine Ranch Conservancy Executive Director Mike O’Connell

Thurs., May 14, 2020 at 4:00 p.m. — 5:00 p.m.

ZOOM Meeting ID 951-321-0807

Note: We will also be streaming live from Melissa Fox’s YouTube Channel HERE.

The Irvine Ranch Conservancy is a non-profit, non-advocacy organization, committed to the highest possible standards of long-term land stewardship.

Based in Orange County, California, the mission of the IRC is to ensure the protection, restoration and enhancement of the natural resources of the Irvine Ranch Natural Landmarks forever and to provide diverse opportunities for public participation by conducting and supporting scientific, recreational and educational initiatives and programs.

Michael O’Connell, Irvine Ranch Conservancy President and Executive Director, oversees all aspects of stewardship, public programs and business operations for the Irvine Ranch Conservancy. He has 25 years experience in land protection and conservation science including senior positions with The Nature Conservancy and World Wildlife Fund. He has served on the Board of Governors of the Society for Conservation Biology, and the Advisory Board of the Bren School of Environmental Science and Management at UC Santa Barbara. He is currently on the Dean’s Leadership Council for the School of Biological Sciences at UC Irvine. Michael has co-authored two books on conservation and a number of scientific and popular articles. He has a bachelor’s degree in Geology from Carleton College and a Master’s in Conservation Biology from Yale School of Forestry and Environmental Studies.

Melissa Fox has been a member of the Irvine City Council since 2016. She is life-long hiker, outdoors person, and fierce environmental advocate. She also served as a Ranger in the Orange County Park Ranger Reserve.

For more information, contact Allison Binder at abinder@cityofirvine.org

To see the Facebook event for this Town Hall, click here.

UPDATED: Watch the ZOOM Town Hall with Mike O’Connell here.

We look forward to you joining us!

The People Have Spoken: The Irvine City Council Should Designate the ARDA as the Site for the Orange County Veterans Cemetery. UPDATED!

UPDATE[May 13, 2020] At last night’s Irvine City Council meeting, the Council voted 4-1 to agree with me and to adopt the citizens’ initiative calling for locating a state veterans cemetery at the originally designated ARDA site adjacent to the Great Park on the ground of the former El Toro Marine Corps Air Station (MCAS El Toro).  The ARDA is located in the 68th Assembly District.  As the Assemblymember for the 68th Assembly District, I will work to ensure that the state fulfills its promise to “acquire, study, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery” on the hallowed grounds of the former El Toro Marine Base.

The time has come to settle the issue of where to locate a state veterans cemetery in Irvine. The people have spoken – twice – on this issue. Accordingly, at the next Irvine City Council meeting, I will propose that the City Council adopt, as an ordinance, the recent citizens’ initiative calling for locating a state veterans cemetery at the originally designated ARDA site adjacent to the Great Park.

Adopting the initiative as an ordinance will finally settle this long-divisive issue in the way that the people of this City have now twice demanded — first, by their overwhelming rejection in 2018 of Measure B and the land exchange, and most recently, by gathering nearly 20,000 signatures expressing the residents’ desire to locate the veterans cemetery on the ARDA.

Adopting the citizen’s initiative as an ordinance would also allow construction of the much-needed Orange County State Veterans Cemetery to begin as early as possible without any further political delays.

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, long before I was elected to the City Council.  As I wrote to the Irvine City Council in early 2014:

Melissa Fox in May 2014 urging the Irvine City Council to fulfill its promise to create an Orange County Veterans Cemetery without delay.

“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.”

Control Tower of MCAS El Toro, still visible on the ARDA site.

On March 11, 2014, I cheered with others in the audience 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 veterans 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. The reason for this lack of progress, I was informed, was the high cost of the decontamination and demolition necessary on the ARDA site.

Marine Corps A4 Skyhawks in flight over El Toro, 1961

Because construction of a veterans cemetery at the ARDA site did not appear to be financially viable for the City of Irvine, I supported the Strawberry Fields site (and the land exchange with FivePoint) as a less expensive, more practical, and faster alternative to the ARDA site. This land exchange proposal became Measure B, which was placed on the ballot for the voters in June 2018. The land exchange was supported by the Orange County Veteran’s Memorial Park Foundation and many national and local veterans organizations, as well as both the Democratic and Republican Parties of Orange County. 

The voters, however, decisively rejected Measure B and the land exchange, with 63 percent opposed. I understood from the defeat of Measure B that Irvine residents did not trust the City Council to put the people’s interests ahead of the interests of Irvine’s powerful developers, and, specifically, did not want to risk the possibility that the land exchange with FivePoint that would lead to massive development and more traffic congestion.

MCAS El Toro patch, designed by Walt Disney.

Following the voters’ rejection of Measure B, it again seemed that the construction of a veterans cemetery at the Great Park had stalled. However, several members of the California State Legislature continued to look for a way to create an Orange County Veterans Cemetery on the grounds of the former El Toro Marine Base.

Assemblywoman Sharon Quirk-Silva, who taken the lead in earlier legislation regarding an Orange County Veterans Cemetery, introduced Assembly Bill 368, which requires the California Department of Veterans Affairs toJoining Democrat Sharon Quirk-Silva (AD 65) in support of this bill was a bipartisan group of Orange County legislators, including Republican Assemblymembers Tyler Diep (AD 72), William Brough (AD 73) and Philip Chen (AD 55), as well as Democrats Senator Thomas J. Umberg (SD 34) and Assemblymember Tom Daily (AD 69).  These legislators wrote to the Irvine City Council stating, “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.”

Most important to me, this legislation committed the State of California, rather than the residents of Irvine, to provide the funding for the veterans cemetery. Initially, the legislation specified state financial support only for the ARDA site. After pressure from FivePoint and Mayor Christina Shea, the bill was amended to apply to either the ARDA site or a new site now proposed by Mayor Christina Shea and developer FivePoint. This newly proposed site was called the “Golf Course” site because it was comprised, in part, of land in the Great Park that had originally been designated to become a city-run golf course. However, the new site also included land that had previously been designated as part of the Orange County Great Park’s long-awaited “Cultural Terrace,” meant to include museums, botanical gardens, and other very popular cultural amenities that the people of Orange County had been waiting for a very long time. 

WW2 Era Marine aviators at MCAS El Toro.

Crucially, this new and hastily unveiled “Golf Course” site has never been studied or evaluated – by either the City or the State — for use as a veterans cemetery. As a result, the claims of FivePoint and Mayor Shea that the Golf Course site is a significantly less costly alternative to the ARDA are wholly conjectural. The truth is, since we have not actually studied the question, we have no idea whether locating the veterans cemetery on the Golf Course site rather than the ARDA would save a penny for the taxpayers.

We do know, however, that FivePoint very much wants to develop the ARDA site. Of course, this development of the ARDA site by FivePoint can not happen if the ARDA becomes a veterans cemetery.

We also know that Mayor Shea very much wants FivePoint to be able to develop the ARDA. In fact, when discussing this new alternative site with a group of Great Park residents, Mayor Shea stated that her plan was to give FivePoint a 99-year lease for development on the ARDA. Mayor Shea further said that Golf Course site was really a “diversion” or “short-time solution” to buy time and ensure that the ARDA did not become a veterans cemetery. She made it clear that to her, whether a veterans cemetery was actually built on the Golf Course site – or anywhere in Irvine — was secondary to making sure that the ARDA site remained available for development by FivePoint. In other words, Mayor Shea and FivePoint still intended to do precisely what the voters in defeating Measure B had specifically rejected.

Marine Corps Air Station El Toro Air Show Poster, 1991

For these reasons, when it again came before the City Council in April 2019, I supported designation of the ARDA as the site for a veterans cemetery, for the State of California to “acquire, study, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery” on the grounds of the former El Toro Marine Base. Nevertheless, the Irvine City Council rejected the ARDA and designated the Golf Course site for a veterans cemetery by a vote of 4 to 1, with only myself opposed.

The citizens’ initiative drive followed. Advocates for the ARDA site were able to collect nearly 20,000 signatures of Irvine residents to force the City Council to locate the veterans cemetery at the ARDA or place the issue on the ballot in November 2020.

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 Orange County Veterans Cemetery becomes a reality.

My criteria for deciding where to locate the veterans cemetery has also remained consistent: I support the site that I believe is most viable, most likely to be completed, and at the least cost to Irvine taxpayers. That site is the ARDA.

Our veterans deserve a final resting place close to their families and loved ones. Veterans like my father have waited long enough for Irvine to do the right thing.

Let’s build an Orange County Veterans Cemetery at the ARDA without further unnecessary delay.

Let’s listen to the people.

Happy Earth Day 2020!

Today, Wednesday, April 22, is Earth Day.

Nearly 50 years ago, on April 22, 1970, millions of people took to the streets to protest the negative impacts of 150 years of industrial development.

In the US and around the world, smog was becoming deadly and evidence was growing that pollution led to developmental delays in children. Biodiversity was in decline as a result of the heavy use of pesticides and other pollutants.

The global ecological awareness was growing, and the US Congress and President Nixon responded quickly.  In July of the same year, they created the Environmental Protection Agency, and robust environmental laws such as the Clean Water Act and the Endangered Species Act, among many.

Earth Day is now a global event each year, and more than 1 billion people in 193 countries now take part in what is the largest civic-focused day of action in the world.

The City of Irvine has been a leader in earth-friendly environmental policies, green technology, and environmental awareness.  Irvine’s environmental programs have been on the leading edge of advances in green building and construction, environmental education, recycling, water conservation, waste disposal, and energy-saving.

Under Irvine Mayors Larry Agran, Beth Krom and Sukhee Kang, Irvine was indeed a world leader in environmental programs and innovation. One of the highlights of Irvine’s environmental engagement was presence of the U.S. Solar Decathlon at the Orange County Great Park in Irvine. The Solar Decathlon is an international competition held every two years that challenges collegiate teams to design, build, and operate solar-powered houses that are cost-effective, energy-efficient, and attractive. The houses are assembled at a central location for display, evaluation, and awards. The winner of the competition is the team that best blends affordability, consumer appeal, and design excellence with optimal energy production and maximum efficiency. The Solar Decathlon was held at the Great Park in 2013 and 2015.

Another highlight of Irvine’s environmental leadership was the creation of the Green Ribbon Environmental Committee in 2012.  The Green Ribbon Committee was charged with the crucial task of developing and recommending environmental policy initiatives and programs, including sustainability policies related to energy, recycling and waste management, mobility, open space and water issues.

Unfortunately, when Steven Choi became mayor of Irvine in November 2014, both the Great Park Solar Decathlon and the Green Ribbon Committee became victims of Choi’s climate change denial and hostility to environmental action.

As I’ve detailed in How Orange County Lost the U.S. Solar Decathlon, Steven Choi was hostile to the very premises of the Solar Decathlon — the need for replacing burning fossil fuels with renewable sources of energy.  In sharp contrast to the previous three Irvine mayors who championed environmental and climate concerns, Choi “completely question[ed] the idea of global warming being caused by human intervention.”  Rather than recognizing the importance of environmental action,  both as an opportunity for technological innovation and as an existential imperative, Choi saw all environmental concerns as anti-business and climate change as wholly unconnected to human activity. You can read the full story of the Solar Decathlon here.

Similarly, Choi sabotaged the Green Ribbon Environmental Committee. In fact, when I was elected to the Irvine City Council in November 2016, the Irvine Green Ribbon Environmental Committee had been inoperative for several years because Mayor Steven Choi and his allies on the Irvine City Council did not appoint sufficient members to constitute a quorum. In fact, the Committee did not meet during all of 2014 and 2016, cancelling every scheduled meeting. The words “climate change” and “global warming” were not permitted to be used in official City of Irvine publications or staff reports. Choi didn’t even allow the City of Irvine to participate in the Annual National Mayor’s Challenge for Water Conservation, sponsored by the Irvine-based Wyland Foundation.

As a longtime environmental activist, I wasn’t going to allow the City of Irvine to continue to ignore environmental issues and global warming. I convinced newly elected Mayor Donald P. Wagner, who replaced Steven Choi, to re-invigorate the Green Ribbon Environmental Committee and appoint me to the Committee as the City Council’s representative.  I then appointed Krishna Hammond, a young progressive scientist, as my representative to the Committee and encouraged the other Councilmembers to make appointments.  At our first meeting, I was elected Chair of the Committee and Krishna was elected Vice Chair. The Green Ribbon Environmental Committee was out of Choi-imposed exile and was off and running.

 

 

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A crucial environmental issue facing Irvine in the near future is whether to switch from purchasing energy from SoCal Edison to utilizing a Community Choice Energy provider.

Community Choice Energy (CCE) is a program that brings local control and freedom of choice and competition into the electricity marketplace. Community Choice allows cities and counties to purchase power on behalf of their residents and businesses to provide cleaner power options at a competitive price.

We’ve made progress since the days when Steven Choi drove the U.S. Solar Decathlon out of town, shut down the Green Ribbon Environmental Committee, refused to participate in the Wyland Foundation’s Water Challenge, and banned the words “climate change” and “global warning.”

But there is still much to be done. In particular, the current Irvine City Council leadership needs to show that its professed concern for action on climate change and protecting the environment isn’t just lip service and a public relations smokescreen.

Instead, the City Council needs to adopt a stand-alone Climate Action Plan that we’ve been promised and implement the Community Choice Energy program that we’ve shown to be a tremendous benefit to both the City and the planet.

 

Celebrate “The Week of the Young Child” at Home with Pretend City Children’s Museum!

The Week of the Young Child (April 11-17) is an annual celebration hosted by the National Association for the Education of Young Children (NAEYC) celebrating early learning, young children, their teachers, and families.

Unfortunately, this year, young children are stuck at home, away from their schools, teachers, and friends.

The good news is that although Irvine’s Pretend City Children’s Museum is temporarily closed to prevent the spread of COVID-19, it has made it easier to celebrate the Week of the Young Child from your home — and keep your young children moving, thinking, and expressing throughout this quarantine period.

The staff at Pretend City has said, “We want to share our sincere hope that you and your loved ones are staying safe and healthy. As we continue to monitor COVID-19, our top priority remains the well-being of our Pretend City citizens -– all of you! While we’re adapting to new ways of serving you while the museum is temporarily closed, our team is committed to working together to support you.”

Pretend City has put together some fun at-home activities for young children for every day of the week.

To view these activities, click HERE.

Pretend City has also put together a terrific “Way to Play Guide” for Pretend City @ Home, providing age and development appropriate play activities for children from birth to 6 months old, 7 to 12 months old, 13 to 18 months old, 19 to 24 months old, 2 to 3 years old, 3 to 4 years old, 4 to 5 years old, and 5+ years old.

To view the “Way to Play Guide” for Pretend City @ Home, click HERE.

As Pretend City says, “You are your child’s best teacher. By trying these simple and fun play activities, you are helping your child reach his or her developmental milestones. This process of change involves learning skills like walking, talking and playing with others, often at predictable times during the first five years of life. You can use this sheet as a tool to help you better understand your child’s milestones, gauge each new stage of growth and encourage emerging abilities in your child’s life.”

To learn more about helping Pretend City Children’s Museum continue its great work during this difficult time, please click HERE.

Visit Pretend City Children’s Museum on Facebook HERE.

COVID-19 Notes

I’ve added a new “COVID-19 Community Resources and Information Page to my blog, with links to up-to-date and reliable resources and information from federal, state, and county sources, as well as the cities and public schools in the 68th Assembly District.

I have also decided to use my Assembly campaign phone-banking and community outreach resources to call seniors and people in need of critical services in the cities of Assembly District 68 — Lake Forest, Tustin, Orange, Irvine, Anaheim Hills and Villa Park — to ask how they’re doing during this stressful time and to see whether they need any help, including food assistance and mental health assistance and other community resources.  Our volunteer callers will be able to provide information and connect seniors with any community assistance or resources they might need. Read the story in the O.C. Register.

If you would like to join our “Supporting Seniors” virtual phone-bank and be a volunteer caller, please contact Carson at carson@votemelissafox.comSee our event page on Facebook HERE.

If you need help yourself or have any questions, don’t hesitate to email me at melissa@melissafoxlaw.com or call me at 949-683-8855.

 

Help Develop a Strategic Energy Plan for Irvine by Attending a Community Workshop on January 13, 2020

The City of Irvine is developing a Strategic Energy Plan to create a sustainable, economically feasible, and actionable road map for City operations and to identify effective measures the Irvine community can implement to become energy efficient. The objectives of the Plan are to analyze the City’s baseline energy use to project future energy needs, evaluate priorities to meet those needs, and identify funding opportunities to implement the Plan.

The project began in November 2018 and is anticipated to be completed in April 2020. When the Plan is completed, it will be presented to the City Council for consideration and adoption.

Community engagement will help form the vision for the Plan.  As part of the Plan’s development, the City seeks community stakeholder feedback via public workshops, which will be scheduled in the coming months.

The next community workshop on the Strategic Energy Plan will be held on Monday, January 13, 2020 at 5:00 p.m. – 6:30 p.m. at City of Irvine City Hall, 1 Civic Center Plaza, Irvine, California 92606.

At this workshop, City of Irvine staff will present strategies to reduce energy consumption in our energy supply, buildings, and transportation sectors, and guide participants through facilitated discussions on each area.  All residents are invited to ensure that your ideas and feedback are captured as we create the Strategic Energy Plan.

To register for the workshop and to learn more, click HERE.

You can also help by taking our City of Irvine Strategic Energy Plan Stakeholder Input Survey HERE.

For more information about the project, contact Sona Coffee in Public Works at 949-724-7562.

 

 

 

Why I Voted “No” on a Zoning Change to Permit 1,000 More Million Dollar Single Family Houses in Irvine. Tell the Irvine City Council What You Think!

Recently, I voted “No” on continuing the second reading of a re-zoning proposal that would allow the addition of 1,000 single family million dollar houses to be built by the Irvine Company in the area of Portola Springs/Orchard Hills in Irvine.

This vote could have been the end of the issue, since on the first reading both Mayor Christina Shea and Councilmember Mike Carroll voted against the re-zoning.

However, Councilmember Mike Carroll now voted with the supporters of adding 1,000 new homes (Councilmembers Anthony Kuo and Farrah N. Khan) to continue the item to January 2020.

Carroll, Kuo and Khan won the vote to continue, 3-2. This means that these additional 1,000 million dollar single family houses will again come before the Council.

As a longtime advocate for local communities to permit more housing to alleviate our statewide affordable housing crisis, I was initially disposed to vote in favor of this re-zoning proposal.

But on further reflection, it became apparent to me that this proposed housing development would be built without the necessary infrastructure, including new schools and a local retail center, which are needed and have long been promised to residents.

I am a strong advocate for action on the local and state level addressing the housing crisis, but not at the cost of overcrowded schools and the abandonment of Irvine’s renowned village model and our Master Plan balancing housing with schools, retail centers, and open space.

In particular, I am a strong supporter of Irvine’s village concept, which is intended to reduce sprawl and traffic congestion, and create walkable neighborhoods and a sense of community, by locating housing, at several different levels of purchase price or rental cost, around both local schools and a local retail center.  This village model — an essential part of Irvine’s Master Plan long promoted by the Irvine Company — has been enormously successful.  As the Irvine Chamber of Commerce has boasted, Irvine is a “City of Villages.”

You can see a video promoting the Irvine Master Plan, with specific reference to the Irvine village model as an integral part of the Master Plan, here:

For this reason, I was very concerned — shocked, actually — when a representative of the Irvine Company responded to my questioning by stating that the Irvine Company had no plans to build a retail center near these new homes and were no longer committed to the village model.

In other words, I came to see that voting in favor of this zoning change is tantamount to voting for Irvine to no longer be a “City of Villages.”

On the issue of whether these proposed 1,000 million dollar homes would help alleviate the affordable housing crisis, here are the facts:

This week’s OC Register reports on an analysis by the Southern California News Group that graded every jurisdiction in California on its progress on state-mandated housing goals (the Regional Housing Needs Assessment or RHNA).

According to the article, Irvine is supposed to permit 12,149 homes between 2013 and 2021. Housing units are mandated in each of four categories: (1) very low income, (2) low income, (3) moderate income, and (4) above moderate income.

The number show that Irvine has done exceptionally well in providing housing in the moderate and (especially) above moderate income categories, but is not doing nearly as well in the low income and very low income categories, where it is seriously off track in meetings its RHNA goals.

Very Low Income Units: Irvine has permitted 907 very low income units, needs 1,761 to be on track, 2,817 for final goal.  In sum, very low income units are not on track, and are far from the final goal.

Low Income Units: Irvine has permitted 3 units, needs 271 to be on track, 2,034 for final goal. In sum, low income units are not on track, and are far from final goal.

Moderate Income Units: Irvine has permitted 12,973 units, needs 1,399 to be on track, 2,239 for final goal. In sum, moderate income units are more than on track, and are already in excess of the final goal.

Above Moderate Income Units: Irvine has permitted 12,137 units, needs 3,162 to be on track, 5,059 for final goal. In sum, above moderate income units are far more than on track, and are already far in excess of the final goal.

These numbers demonstrate what everyone knows: Irvine’s housing is overwhelmingly skewed toward the “Above Moderate Income” market.

The 1,000 housing units that would be added to Portola Springs/Orchid Hills under the re-zoning proposed by the Irvine Company are single family homes costing above $1,000,000.  These 1,000 “Above Moderate Income” units would not help Irvine meet its Regional Housing Needs Assessment (RHNA) goals.

On the contrary, they would exacerbate Irvine’s school over-crowding and traffic congestion problems while doing little or nothing to ease our affordable housing crisis.

That’s why I voted No.

It is my belief that only saying No to these projects that provide housing only for the well-to-do, will we encourage developers to build more environmentally responsible and affordable housing projects.

I hope Irvine residents will make their views on this proposal for an additional 1,000 million dollar single family houses clear to all members of the Council between now and then.

Contact information for all members of the Irvine City Council can be found here.

UCI Named No. 1 College in U.S. for Sustainability. The City of Irvine Should Follow UCI’s Example and Adopt the Community Choice Energy Program and Stand-Alone Climate Action Plan We’ve Been Promised!

Congratulations to the University of California, Irvine (UCI), on being named the No. 1 “Cool School” in the nation by the Sierra Club in its annual ranking of sustainability leaders among U.S. colleges.

UCI is the only university to score in the top 10 for 10 consecutive years.

“As UCI is the only university to have ranked in the top 10 ‘Cool Schools’ for an unprecedented 10 years and counting, we’re continually impressed with its commitment to modeling, teaching and embodying excellent environmental stewardship in all areas,” said Katie O’Reilly, Sierra Magazine’s adventure and lifestyle editor. “The Anteaters are truly standouts in this increasingly important space.”

Colleges were ranked according to which ones offer the best sustainability-focused courses and carbon-neutral land and energy policies, as well as the most opportunities to engage with the environmental movement. UCI was recognized for EV charging stations and converting its central-cooling plant to a system that conserves over 80 million gallons of potable water per year while cooling campus buildings —17 of which are certified LEED Platinum and seven of which are zero-waste facilities. UCI also was recognized for creating a new pilot project to provide free insulation retrofits and solar installations in nearby low-income communities.  In addition, UCI researchers were recognized for their work in  adapting medical and public health curricula to better prepare students to treat tropical diseases as they expand in range due to climate change.

You can listen to a podcast on UCI’s “Cool School” Award, including UCI’s efforts regarding sustainability and achieving reach net-zero carbon dioxide emissions here.

The City of Irvine has a lot to learn from UCI’s accomplishments.

Under Irvine Mayors Larry Agran, Beth Krom and Sukhee Kang, Irvine was indeed a world leader in environmental programs and innovation. One of the highlights of Irvine’s environmental engagement was presence of the U.S. Solar Decathlon at the Orange County Great Park in Irvine. The Solar Decathlon is an international competition held every two years that challenges collegiate teams to design, build, and operate solar-powered houses that are cost-effective, energy-efficient, and attractive. The houses are assembled at a central location for display, evaluation, and awards. The winner of the competition is the team that best blends affordability, consumer appeal, and design excellence with optimal energy production and maximum efficiency. The Solar Decathlon was held at the Great Park in 2013 and 2015.

Another highlight of Irvine’s environmental leadership was the creation of the Green Ribbon Environmental Committee in 2012.  The Green Ribbon Committee was charged with the crucial task of developing and recommending environmental policy initiatives and programs, including sustainability policies related to energy, recycling and waste management, mobility, open space and water issues.

Unfortunately, when Steven Choi became mayor of Irvine in November 2014, both the Great Park Solar Decathlon and the Green Ribbon Committee became victims of Choi’s climate change denial and hostility to environmental action.

As I’ve detailed in How Orange County Lost the U.S. Solar Decathlon, Steven Choi was hostile to the very premises of the Solar Decathlon — the need for replacing burning fossil fuels with renewable sources of energy.  In sharp contrast to the previous three Irvine mayors who championed environmental and climate concerns, Choi “completely question[ed] the idea of global warming being caused by human intervention.”  Rather than recognizing the importance of environmental action,  both as an opportunity for technological innovation and as an existential imperative, Choi saw all environmental concerns as anti-business and climate change as wholly unconnected to human activity. You can read the full story of the Solar Decathlon here.

Similarly, Choi sabotaged the Green Ribbon Environmental Committee. In fact, when I was elected to the Irvine City Council in November 2016, the Irvine Green Ribbon Environmental Committee had been inoperative for several years because Mayor Steven Choi and his allies on the Irvine City Council did not appoint sufficient members to constitute a quorum. In fact, the Committee did not meet during all of 2014 and 2016, cancelling every scheduled meeting. The words “climate change” and “global warming” were not permitted to be used in official City of Irvine publications or staff reports. Choi didn’t even allow the City of Irvine to participate in the Annual National Mayor’s Challenge for Water Conservation, sponsored by the Irvine-based Wyland Foundation.

As a longtime environmental activist, I wasn’t going to allow the City of Irvine to continue to ignore environmental issues and global warming. I convinced newly elected Mayor Donald P. Wagner, who replaced Steven Choi, to re-invigorate the Green Ribbon Environmental Committee and appoint me to the Committee as the City Council’s representative.  I then appointed Krishna Hammond, a young progressive scientist, as my representative to the Committee and encouraged the other Councilmembers to make appointments.  At our first meeting, I was elected Chair of the Committee and Krishna was elected Vice Chair.  The Green Ribbon Environmental Committee was out of Choi-imposed exile and was off and running.

I am extremely proud of the work we’ve done and the things we’ve accomplished since then.

Perhaps most important, we commissioned a study of Community Choice Energy (CCE) and then recommended that the City Council follow its recommendation to implement a CCE plan with an expected savings of $7.7 million per year in citywide electricity cost savings for Irvine residents and businesses, and a $112,000 per year savings for the City itself in municipal energy costs, as well as driving additional local economic development benefits, such as new jobs and $10 million in annual economic output. 

Now I am concerned that the work we’ve done on CCE is about to be undermined by the current City Council leadership.  I have learned that CCE advocates have been getting “push back” from the City and the City Manager.

The Green Ribbon Committee also recommended swift adoption of a stand-alone Climate Action Plan, so that, in the words of climate activist Robin Raeder Ganahl, “Irvine residents know what the City’s plan is to reduce emissions, meet state targets, and protect our quality of life.” Again, I am now concerned that the current City Council leadership has no intention of adopting a stand-alone Climate Action Plan, and is simply sitting on the Green Ribbon Committee’s recommendation with no intention to move forward.

Melissa Fox attending the 2013 U.S. Solar Decathlon at the Orange County Great Park as an Irvine Community Services Commissioner.

We’ve made progress since the days when Steven Choi drove the U.S. Solar Decathlon out of town, shut down the Green Ribbon Environmental Committee, refused to participate in the Wyland Foundation’s Water Challenge, and banned the words “climate change” and “global warning.”

But there is still much to be done. In particular, the current Irvine City Council leadership needs to show that its professed concern for action on climate change and protecting the environment isn’t just lip service and a public relations smokescreen.

Instead, the City Council needs to adopt a stand-alone Climate Action Plan that we’ve been promised and implement the Community Choice Energy program that we’ve shown to be a tremendous benefit to both the City and the planet. 

 

Join Us on Thursday, September 19, at 5:30–6:30 p.m. for Public Outreach on the Universal Playground Project at Sweet Shade Neighborhood Park!

Please join us on Thursday, September 19, at 5:30–6:30 p.m. for the City’s public outreach opportunity regarding the Sweet Shade Ability Center at Sweet Shade Neighborhood Park. 

This event is the public’s first opportunity to provide input that will help guide the planning and design for this important Universal Playground project.

In July 2019, the City’s Disability Services program relocated its offices from City Hall to Sweet Shade Neighborhood Park. As a renovated facility, the Sweet Shade Ability Center provides a larger, more accessible, and inviting hub for the delivery of Disability Services activities to Irvine residents. To complement this use, the City proposes to develop the City’s first Universal Playground.

Universal playgrounds are designed to be usable by all people to the greatest extent possible without the need for adaptation or specialized design, including theme-oriented playground equipment, site furnishings, and shade canopies that are well integrated with the existing park, leaving no child on the sidelines.

This public outreach event will include a staff-led tour of the existing playground and potential locations for integrating universal play elements or developing an adjacent universal playground. Planning staff will be present to answer questions about the project, and participants will be able to sign up and receive project updates.

Universal Playgrounds are designed to provide inclusive and meaningful play experiences for children of all ages and abilities. Your input will help the City of Irvine create a unique and meaningful play environment that meets universal developmental needs by providing opportunities for physical, cognitive, communicative, social/emotional, and sensory development for all children to the greatest extent possible.

I’m excited to join Irvine Community Services Commission Chair Lauren Johnson-Norris and other City officials who have been working for all of Irvine’s children at this important event.

Date: Thursday, September 19, 2019
Time: 5:30–6:30 p.m.
Location:Sweet Shade Ability Center at Sweet Shade Neighborhood Park, 15 Sweet Shade, Irvine CA 92606

See you there!

Defend Democracy. Tell the Irvine City Council: These are the Public’s Meetings!

City Councils are not private clubs. Public meetings in a real democracy should not be stage-managed by the political majority to prevent public discussion of issues that they want to avoid for their own political advantage.

Last July, while I was on a long-planned vacation to visit my son in Alaska, the Irvine City Council adopted a new anti-democratic policy that prohibits an item from being placed on the agenda unless the mayor or two city council members agree to do so.

As the Orange County Register correctly stated in a powerful editorial opposing the Council’s action, “the transparent goal is to shut down the views of the political minority.”

The new policy was in direct response to my proposal in June to fly the Gay Pride Flag from City Hall during Gay Pride Month. Although dozens of residents spoke at the meeting in support of flying the Pride Flag, the Council defeated the proposal and I was the only Councilmember to speak in favor of it.

In opposing this restrictive and anti-democratic agenda policy, the Register observed that “Public-meetings laws have a vital purpose in a free society. The public is supposed to be privy to the inner workings of government so they can witness the sausage-making legislative process in action, ugly and unappetizing as it can be. Unfortunately, many local officials act as if hearings are a show – a way to put their best foot forward before the citizenry.”

The Register also recognized 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.”

At this Tuesday’s Irvine City Council meeting, the political majority will propose to extend this anti-democratic policy to the Great Park Board (composed of the members of the Irvine City Council) as well as to all City Commissions.

The public should not tolerate this extension of the current majority’s attack on representative democracy.

Please attend the Tuesday, September 10, 2019, Irvine City Council meeting and let them know that your City Council is not a private club. The meetings of the City Council, the Orange County Great Park, and Irvine City Commissions belong to the public and cannot be staged managed for political advantage. 

As the O.C. Register eloquently stated, “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.”

As I stated in July, I have no intention of being silent.

And neither do you.

Irvine’s Kids Need You! City of Irvine Seeks Applicants for Four Positions on Child Care Committee!

The Irvine Community Services Commission is accepting applications to fill two government, civic, or community agencies vacancies, and two child care provider vacancies on the Irvine Child Care Committee.

There is a serious child care crisis in Irvine.  At present, nearly 2,500 Irvine families do not have adequate child care. Irvine will need an additional 4,551 child care spaces by 2035, due to the increase in housing development and the concomitant increase in the number of families with young children moving to Irvine.

As a member of the Irvine City Council, I have made it a priority to increase childcare and early childhood education opportunities in Irvine. By volunteering to serve on the Irvine Child Care Committee, you can serve our community and help me and others work to alleviate our childcare crisis.

The Irvine Child Care Committee is a 15-member advisory body to the Irvine Community Services Commission, and works cooperatively with the Irvine Children, Youth, and Families Advisory Committee, Child Care Coordination staff, and Community Development to enhance the quality of childcare and school readiness in the City of Irvine.

The Irvine Child Care Committee acts in an advisory capacity to the Community Services Commission, providing input on the needs of the community pertaining to child care-related issues. The full committee includes five City Council appointees; two center- or home-based child care providers; two parents/guardians; three representatives, one each from Irvine Unified School District, University of California Irvine, and Irvine Valley College; and two community representatives.

Committee meetings  are held on the second Tuesday of January, March, May, September, October and November, from 9:00 am to 10:30 am at Heritage Park Community Center, or other designated Irvine location.

Applicants must be willing to commit to a two-year term of active service, January 2020 through December 2021. Irvine Child Care Committee meetings are held the second Tuesday of select months (at least six times a year) from 9 to 10:30 a.m. at Heritage Park Community Center or other Irvine locations.

Applications are available now at the Irvine Child Resource Center and Irvine Civic Center, and online at cityofirvine.org/childcare. Completed applications must be received by 5 p.m. Monday, September 9. Applications may be mailed or hand-delivered to: Irvine Civic Center, 1 Civic Center Plaza, Irvine, CA 92606.

For additional information, contact Traci Stubbler at 949-724-6635 or tstubbler@cityofirvine.org.  Or contact my Lead Council Executive Assistant, Allison Binder, at abinder@ci.irvine.ca.us.

Thanks!

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, again aided by its ostensibly Democratic ally, 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 with its ostensibly Democratic ally and the developer FivePoint — 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.

 

Urge the Irvine City Council to Adopt a Climate Action Plan Without Delay!

I’m unable to attend the Tuesday, July 9, 2019, Irvine City Council meeting because I’m on a long-planned trip to visit my son in Alaska.

Although I’m not able to be present, I urge you to attend the City Council meeting and speak in support of the City creating a Climate Action Plan without delay.

Action on climate and the environment have been crucial issues for me as a member of the Irvine City Council and as Chair of the Irvine Green Ribbon Environmental Committee.

Interestingly, I’m unable to attend the City Council meeting because I’m currently in Glacier Bay National Park, which is perhaps the place on earth where the effects of climate change can most dramatically be seen.

The magnificent tidewater glaciers here have been receding at an alarming rate because over time the snowpack has been inadequate to counteract the impact of long-term temperature increase.

In addition, the sky here is thick with smoke from more than 120 wildfires, because Alaska, like California, is suffering from the effects of long-term drought as well as climate change.

From my current vantage point in Glacier Bay National Park, there is no greater issue demanding action than climate change.

Please read the very compelling letter that Climate Action Campaign Orange County has sent to members of the Irvine City Council, explaining the urgent need for — and the benefits of — a swift adoption of a Climate Change Plan for Irvine.

As Climate Action Campaign Orange County Organizer Robin Raeder Ganahl has aptly stated, “Irvine residents deserve to know what the City’s plan is to reduce emissions, meet state targets, and protect their quality of life!”

I hope you can attend the Tuesday, July 9, 2019, Irvine City Council meeting, as well as write to the Mayor and the City Council, explaining why this issue matters to you.

Your participation in support of Irvine’s adoption of a Climate Action Plan can make a very big difference, not just for our generation but for generations to follow.

Thanks!

Join Me at the Green Ribbon Committee Meeting on Monday, June 24, to Discuss the Community Choice Energy Study!

Community Choice Energy (CCE) is a way for cities, counties or regions in California to look out for their own energy interests, a hybrid between regulated and deregulated electricity supply. CCE programs seek to provide energy that is cheaper and cleaner than energy provided by for-profit utility companies.

Under a CCE program, the local utility company still provides all of the billing services and infrastructure to supply electricity to the point of use, but they are no longer responsible for selecting the electricity supplier. Instead, the community chooses its energy supplier. CCEs across the state are now offering more renewable energy content, and at lower cost, than the electricity supplied by the utility company.

On September 25, 2018, before a standing-room crowd, I joined with my colleagues on the Irvine City Council in voting to commission a feasibility study to determine the pros and cons of implementing a CCE program in Irvine, including potential economic benefits for the community.

The proposal for a feasibility study of CCE in Irvine was initially developed and endorsed by the Irvine Green Ribbon Environmental Committee, which I have the honor to serve as Chair.

We now have that study, as EES Consulting has completed a comprehensive analysis of the viability (including costs and benefits) of a Community Choice Energy program in Irvine.

Among the study’s crucial conclusions is the projection that a CCE in Irvine would result in $7.7 million per year in citywide electricity cost savings for Irvine residents and businesses, and a $112,000 per year savings for the City itself in municipal energy costs.

The study further reports that implementation of a CCE program in Irvine is likely to drive additional local economic development benefits, such as new jobs and $10 million in annual economic output.

While the study notes that there is some risk involved, it also points to several strategies by which these risks could be mitigated and managed.

As a member of the Irvine City Council and as Chair of the Green Ribbon Commission, I am tremendously excited by this study and its conclusions.

The Green Ribbon Environmental Committee will be discussing the study and next steps to take regarding implementation of Community Choice Energy in Irvine at our meeting on Monday, June 24, 2019, at 4:30 in Room L102 at Irvine City Hall. 

I urge everyone interested to attend the meeting and to speak up for cleaner, cheaper energy.

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!

 

Happy Earth Day 2019!

Today, Monday, April 22, is Earth Day.

Nearly 50 years ago, on April 22, 1970, millions of people took to the streets to protest the negative impacts of 150 years of industrial development.

In the US and around the world, smog was becoming deadly and evidence was growing that pollution led to developmental delays in children. Biodiversity was in decline as a result of the heavy use of pesticides and other pollutants.

The global ecological awareness was growing, and the US Congress and President Nixon responded quickly.  In July of the same year, they created the Environmental Protection Agency, and robust environmental laws such as the Clean Water Act and the Endangered Species Act, among many.

Earth Day is now a global event each year, and more than 1 billion people in 193 countries now take part in what is the largest civic-focused day of action in the world.

The City of Irvine has been a leader in earth-friendly environmental policies, green technology, and environmental awareness.  Irvine’s environmental programs have been on the leading edge of advances in green building and construction, environmental education, recycling, water conservation, waste disposal, and energy-saving.

Irvine’s San Joaquin Wildlife Sanctuary. Photo by Geoff Fox.

Unfortunately, when Steven Choi was Irvine’s mayor, our city took several steps backwards. The term “climate change” was banned from all city documents and not enough Councilmembers made appointments to the Green Ribbon Environmental Committee to enable a quorum.

Mayor Steven Choi even refused to participate in the National Mayor’s Challenge for Water Conservation, sponsored by Irvine’s own Wyland Foundation.

When I joined the Irvine City Council, I successfully pushed for revitalization of the Committee, which has now resumed its work of serving as the official environmental advisory committee, increasing public participation in energy conservation and sustainable practices, and helping the city serve the community through advancing environmental policy initiatives and programs.

I am delighted that the Committee now has the full support of the entire City Council, and both Mayor Don Wagner and Mayor Christina Shea have joined with other mayors across the country in asking residents to make a commitment to conserve water and protect this vital resource by taking part in annual Wyland Mayor’s Challenge for Water Conservation, through the month of April.

One of the best — and most distinctive — qualities of Irvine is our commitment to preserving open space. The City of Irvine has more than 16,000 acres of permanently preserved parkland and open space – remarkable for a city of our size.

“The Sinks” — Irvine’s own Grand Canyon.

In 1974, early in our city’s history, voters approved multi-million dollar measures to fund public parks and recreational facilities, and for the acquisition and development of bicycle trail and hiking trail improvements.

In 1989, the City negotiated an historic agreement with the Irvine Company that set aside more than 9,500 acres as permanent open space marshlands, bike trails, parks, nature conservancies and agricultural areas, protecting fully one-third of the city from development.

In addition, in 2006, nearly 37,000 acres of the Irvine Ranch were selected as a National Natural Landmark, a designation which reflects the outstanding condition, rarity, diversity, and value to science and education of the natural resources on the land.

As our Irvine Open Space Preserve website explains, “Since its incorporation in 1971, Irvine has had a strong desire to balance the built and natural environment. As this incredible master-planned community has grown, each phase of development has been accompanied by the preservation and enhancement of natural open spaces, creating the network of parks, trails, and wildlands that residents and visitors may enjoy today and for generations to come.”

Bommer Canyon. Photo by Sanjay B. Dalal.

A crucial environmental issue facing Irvine in the near future is whether to switch from purchasing energy from SoCal Edison to utilizing a Community Choice Energy provider.

Community Choice Energy (CCE) is a program that brings local control and freedom of choice and competition into the electricity marketplace. Community Choice allows cities and counties to purchase power on behalf of their residents and businesses to provide cleaner power options at a competitive price.

It has been operating in California since 2002 following passage of Assembly Bill 117.

On September 25, 2018, the Irvine City Council approved conducting a feasibility study to determine the pros and cons of implementing a CCE program, including potential economic benefits for the community.

Community Choice programs enable local government control over energy procurement to purchase power, set competitive rates, and collect revenue. The local utility still maintains the electricity grid, deliver energy, and bill customers.

Community Choice Energy programs offer automatic enrollment to businesses and residences in its jurisdiction, with the ability for the customer to opt out and continue to purchase electricity from the utility. Customers have the option of choosing increased percentages of renewable energy.

Councilmember Melissa Fox with the artist Wyland at his studio in Irvine.

CCE programs in California generally procure and resell a power mix between 50 percent and 100 percent renewable energy to their customers.

Community Choice Energy can be one of the most powerful ways to accelerate the transition from fossil to cleaner renewable energy.

Community Choice introduces competition and consumer choice into the electricity sector with a focus on local, renewable energy to stimulate rapid innovations in clean energy systems.

By the mid 2020s, as much as 85% of Californians will be served by a Community Choice Energy program.

When our feasibility study is completed, I hope Community Choice Energy will soon be available in Irvine and throughout Orange County.

At our best, the City of Irvine has striven to be simultaneously people-friendly, business-friendly, and earth-friendly.

We must continue to insist that each phase of our City’s development be informed by science, accompanied by careful planning, and prioritize the preservation and enhancement of our environment.

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.

Sunday, March 30, is Earth Hour 2019

This Saturday, March 30, join millions of people around the world in switching off your lights and electronics from 8:30 – 9:30 p.m. for Earth Hour.

Starting as a symbolic lights out event in Sydney in 2007, Earth Hour is now the world’s largest grassroots movement for the environment, inspiring millions of people to take action for our planet and nature.

As a member of the Irvine City Council, I have been able to reinstate and vitalize the Irvine Green Ribbon Environmental Commission, which seeks to increase public participation in energy conservation and sustainable practices, helping the City serve the community through advancing environmental policy initiatives and programs.

I’ve also helped move the City toward adopting Community Choice Energy, which allows cities and counties to purchase power on behalf of their residents and businesses to provide cleaner power options at a competitive price.

In addition, I’ve helped to make Irvine a national leader in finding non-toxic solutions to weed and pest control, and finding effective, non-toxic and eco-friendly ways to maintain Irvine’s open spaces and reduce fire danger.

I’ve helped Irvine increase our iShuttle program by 50 percent, and worked to improve Irvine’s bike trails for recreation and commuting.

But we need to do more, and faster. Most importantly, we need to step up efforts to switch from using fossil fuels – the biggest cause of climate change – to clean, renewable energy.  And we need to help people and nature adapt to the inevitable changes ahead.

Climate change is perhaps the greatest challenge humanity has ever faced.  It affects every corner of our planet – from the poles to the tropics, and from the mountains to the oceans. People and nature worldwide are already feeling the effects: water supplies are shrinking, extreme weather events increasing in frequency and intensity, forests burning, and coral reefs dying.

All around the world, governments and communities are coming together to act –- and we can still escape the worst impacts of climate change, and build a safer future for all.

You can find out more about Earth Hour and how you can participate at EarthHour.org.

You can also find out more about what Irvine is doing to preserve and protect our planet, and what else you can do, at https://www.cityofirvine.org/environmental-programs/make-earth-day-every-day.

Our connection to Earth and nature is undeniable: our planet’s gain is everyone’s gain.

Nature not only provides us with all the things we need to live — from the air we breathe to the water we drink, and from the shelter we need to the economy we rely on — but also makes our lives better.  But its growing loss puts this all under threat.

This Earth Hour, join millions around the world to turn off the lights and speak up about why nature matters!

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:

 

Join Me for a Community Choice Energy Workshop!

Join me on Sunday, March 17, 2019, 12:30 p.m. to 2:00 p.m., for Community Choice Energy Workshop!

SoCal Edison rates are going up in March 2019 under the new time of use rate plan, so there’s never been a better time to look into a local not-for-profit alternative – Community Choice Energy.

What is Community Choice Energy?

Community Choice Energy (CCE) is a program that brings local control and freedom of choice and competition into the electricity marketplace. Community Choice allows cities and counties to purchase power on behalf of their residents and businesses to provide cleaner power options at a competitive price.

It has been operating in California since 2002 following passage of Assembly Bill 117.

On September 25, 2018, the Irvine City Council approved conducting a feasibility study to determine the pros and cons of implementing a CCE program, including potential economic benefits for the community.

Community Choice programs enable local government control over energy procurement to purchase power, set competitive rates, and collect revenue. The local utility still maintains the electricity grid, deliver energy, and bill customers.

Community Choice Energy programs offer automatic enrollment to businesses and residences in its jurisdiction, with the ability for the customer to opt out and continue to purchase electricity from the utility. Customers have the option of choosing increased percentages of renewable energy.

CCE programs in California generally procure and resell a power mix between 50 percent and 100 percent renewable energy to their customers.

Community Choice Energy can be one of the most powerful ways to accelerate the transition from fossil to cleaner renewable energy.

Community Choice introduces competition and consumer choice into the electricity sector with a focus on local, renewable energy to stimulate rapid innovations in clean energy systems.

By the mid 2020s, as much as 85% of Californians will be served by a Community Choice Energy program.  When will it be available in Orange County?

Join us Sunday, March 17th to learn:

  • What is Community Choice Energy?
  • How 160 cities across California are already benefiting from community choice energy.
  • What is the status of Irvine’s community choice study & what comes next?
  • What you can do to advocate for community choice in Irvine or your city.

Featuring:

The Workshop location is Irvine United Congregational Church, 4915 Alton Parkway, Irvine, CA 92604

This event is free and open to the public.

Donations appreciated to offset the cost of food/drink and/or to support Climate Action Campaign’s expansion to Orange County.