Melissa J. Fox

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Happy National Coming Out Day from a Proud Supporter of LGBTQ+ Rights!

Happy National Coming Out Day!

Observed since 1980, the one year anniversary of the first National March on Washington for Lesbian and Gay Rights, National Coming Out Day is a day for lesbian, gay, bisexual, transgender or queer people to be proud of who you are and your support for LGBTQ equality.  It is also a day for LGBTQ+ allies to come out as supporters of LGBTQ+ Pride and truly equal rights.

The foundational belief of National Coming Out Day is that homophobia thrives in an atmosphere of silence and ignorance, and that once people know that they have loved ones who are lesbian or gay, they are far less likely to maintain homophobic or oppressive views.  As the Human Rights Campaign states, “Coming out — whether it is as lesbian, gay, bisexual, transgender or queer — STILL MATTERS. When people know someone who is LGBTQ, they are far more likely to support equality under the law. Beyond that, our stories can be powerful to each other.”

I am proud that this year, for the first time, based on my motion and my organizing work with the community, Irvine flew the Pride Flag from City Hall in recognition of Pride Month.

I am also proud that on my motion, brought with City Councilmember Farrah Khan, the Irvine City Council unanimously repealed and removed a section of the municipal code (known as Measure N) that had prohibited any anti-discrimination protections for people based on their sexual orientation.

As the Voice of OC noted , “Over the last year, Irvine has seen a dramatic shift in its recognition of the LGBTQ+ community after widespread calls from the public for renewed action to acknowledge the community. In June 2019, the panel voted against flying the pride flag during pride month, with [Councilmember Mike] Carroll referring to the flag as a ‘ spectacle of divisiveness.’ . . . But last month, the  council reversed its position, voting 4-1 to fly the flag over City Hall for the remainder of June and to make it an annual occurrence, flying from Harvey Milk Day (May 22) to the end of pride month. The city also officially recognized pride month for the first time this June two weeks ahead of the flag vote. The City Attorney questioned whether we had the authority to repeal the anti-LGBTQ ordinance. The council decided to move forward with the vote I noted that the only challenges that could potentially come to their decision would be a lawsuit calling for the legislation to be restored to the old city code. “Who in their right mind is going to come sue us to put this anti-LGBTQ language back in our code?” Fox said. “Lets clean this up and move on.”

Also for the first time this year, the Lavender Democratic Club of OC issued an OC LGBTQ+ Voting Guide. The Voting Guide recommends voting for candidates who have pledged their support for LGBTQ+ equality legislation, with a specific commitment to stand with our community in matters related to these public accommodations. public facilities, federally-funded programs, employment, housing, education, credit, marriage equality, disability and family leave, public safety, and the Equality Act.

I am proud to say that I am recommended for California State Assembly (AD 68) and recognized as “a long-time champion for LGBTQ equality.”

With the recent news that marriage equality is in imminent peril at the Supreme Court, it is more important than ever to elect strong pro-LGBTQ+ advocates to the California legislature.

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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.

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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.”

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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.

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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.

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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/

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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.

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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. 

 

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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.com. See 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.

 

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Happy Martin Luther King Day! National Day of Service: Volunteer Opportunities in Irvine and Orange County

“The arc of the moral universe is long, but it bends towards justice.” — Dr. Martin Luther King Jr.

“We must learn to live together as brothers or perish together as fools.” — Dr. Martin Luther King Jr.

“Power without love is reckless and abusive, and love without power is sentimental and anemic. Power at its best is love implementing the demands of justice, and justice at its best is power correcting everything that stands against love.” — Dr. Martin Luther King Jr.

Life’s most persistent and urgent question is, What are you doing for others?” — Dr. Martin Luther King Jr.

“Everybody can be great … because anybody can serve. You don’t have to have a college degree to serve. You don’t have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love.” — Dr. Martin Luther King Jr.

In 1994, Congress passed the King Holiday and Service Act, designating the Martin Luther King Jr. Federal Holiday as a National Day of Service.

Taking place each year on the third Monday in January, the MLK National Day of Service is the only federal holiday observed as a national day of service – a “day on, not a day off.”  It calls for Americans from all walks of life to work together to provide solutions to our most pressing national and community problems.

There are many opportunities for service in Irvine and Orange County.

Click here to see our City of Irvine website special section on volunteer opportunities.

Among the many Irvine organizations that need volunteer service are: the Irvine Animal Care Center, Community Emergency Response Team (CERT), Farm + Food Lab at the Great Park, Irvine Fine Arts Center, the Irvine Global Village Festival, High School Youth Action Team, Irvine 2/11 Marine Adoption Committee, Meals on Wheels, and Senior Centers.

In addition, Irvine Gives is a comprehensive online resource to help locate the giving opportunities you seek.

If you want to donate time, money or materials, clicking on Irvine Gives is a great place to start.

There are also many opportunities for service in greater Orange County.

A terrific local organization for service is the Community Action Partnership of Orange County.  The Community Action Partnership is dedicated to enhancing the quality of life in Orange County by eliminating and preventing poverty. Volunteers are a key element of the Community Action Partnership’s to bring hope and resources to those who need help the most.  You can make a difference by caring and taking action.  Contact them at 714-897-6670.

One of the main activities of the Community Action Partnership is the Orange County Food Bank.

The OC Food Bank works with nearly 400 local charities, soup kitchens, and community organizations to end hunger and malnutrition by providing donated food, USDA commodities, and purchased food to non-profit agencies in Orange County that serve low-income families and individuals.

Annually, the OC Food Bank is able to distribute more than 20 million pounds of food. The OC Food Banks is located at 11870 Monarch Street, Garden Grove, CA 92841. You can also contact them by phone at 714-897-6670.

Other organizations providing great service opportunities in Orange County are the Orange County Rescue Mission (714-441-8090) and the United Way (949-263-6125).  The United Way website lists many opportunities to help people in need throughout Orange County.

Volunteering is a wonderful way to give back to our community and directly help those in need.

Thank you for your service to our community!

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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.

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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!

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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.

 

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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.

 

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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!

 

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What I’m Listening for in the Mayor’s 2019 State of the City Address

Irvine Mayor Don Wagner will give his “State of the City” address at the Irvine City Council meeting on Tuesday, February 26, 2019.

The Mayor will have many positive things to talk about, including the tremendous progress that we’ve made on fulfilling the promise of the Great Park — a new 80,000 square-foot ice arena, a 1200-seat Great Park Championship Baseball Stadium and new additional baseball and softball fields, a 5,000-seat Championship Soccer Stadium, a 2.5 mile nature corridor, plus an agreement with Wild Rivers to build a new water park and an exclusive negotiating agreement with Pretend City Children’s Museum to relocate in the Great Park

He will remind us that Irvine remains America’s safest city and was recently declared one of the safest cities in the world.

He will also note that Irvine was rated the number one city in the nation in fiscal strength.

He can also speak positively about the advances that our City Council has made in providing for greater openness and transparency in our budget process, pointing to our new two-year budget cycle, our new five-year planning program and our new Irvine Sunshine Ordinance that expands public notice of agenda items to four times longer than California law requires.

These are indeed wonderful accomplishments that the Mayor, the entire City Council, and all residents of Irvine should be proud of.

But much more remains to be done and problems remain to be solved.

Here is what I would like to hear the Mayor address:

Climate and the Environment

Irvine must become ever more environmentally responsible and should be a national leader in meeting the existential ecological demands of the future.

As Chair of the Irvine Green Ribbon Environmental Committee, I have helped guide Irvine toward greener policies related to energy, recycling and waste management, mobility, open space and water issues.

But more must be done.

I would like to hear the Mayor commit to establishing a Climate Action Plan for Irvine, with the goal of eliminating half of all greenhouse gas emissions in the city and aiming for all electricity used in the city to be from renewable sources by 2035.

Climate Action Plans make it easy for the public to see what cities plan to do to meet state targets for reducing greenhouse gas emissions. Sprinkling such actions throughout the General Plan is not as transparent and is not in the best interest of the public.

Other cities, including San Diego, Los Angeles, Long Beach, Seattle, Baltimore, Phoenix and Houston already have Climate Action Plans.  As the self-proclaimed City of Innovation, Irvine should be a leader in this national effort.

An Irvine Climate Action Plan would benefit both the environment and the regional economy, creating new jobs in the renewable energy industry, improve public health and air quality, conserve water, more efficiently use existing resources, increase clean energy production, improve the quality of life, and save taxpayer money.

Most importantly, a Climate Action Plan would fulfill our obligation to ensure that Irvine remains a beautiful green city for future generations.

Traffic Congestion and Traffic Safety

We have made significant progress in alleviating Irvine’s traffic congestion.  We expanded the iShuttle to provide more transportation.  We’ve enabled left-hand turns in some intersections to allow traffic to move faster and more efficiently.  We’ve widened roads and made other improvements.

But we need to do more.

I would like to hear the Mayor announce a plan to create a greener, smarter, and more efficient transportation future by further expanding our iShuttle.  For example, a route that would take people from UCI to the Spectrum would be good for both Irvine traffic reduction, Irvine’s air quality, as well as for UCI students and Spectrum businesses.

Our roads are not only too often congested, they are also becoming too dangerous, as people fail to obey stop signs and follow the rules of the road.

I have been working with residents and the Irvine Police Department on improving the safety of our pedestrians and bicyclists, especially our children, and I held a Town Hall Meeting on Traffic Safety with the Chief of Police, but more must be done.

I would like to hear the Mayor propose a major comprehensive traffic safety project, focusing on ensuring motorists come to a full stop at stop signs.  This project would involve education, increased enforcement and deploying more advanced stop sign technology.

Many cities have lighted stop signs.  Irvine should have them as well.  Our Irvine Police should also receive a clear mandate from the Mayor and the City Council to take whatever enforcement actions are necessary to make our streets safer for our residents.

The Great Park

Irvine has made tremendous progress on fulfilling the promise of the Great Park and all of us should be proud of what we’ve accomplished.

I am looking forward to the Grand Opening of the new 270,000-square-foot Great Park Ice Area — the largest ice-skating facility in California and one of the largest in the United States.

I am also looking forward to the announcement of further progress on the return of Wild Rivers Water Park.

I also continue to support a veterans cemetery within the hallowed grounds of the former Marine Air Station El Toro, where so many brave men and women flew to Vietnam and other war zones, some never to come back.  My proposal (along with Christina Shea) to locate the veterans cemetery on land that had been intended as a golf course has been through the Commission process and will soon come before the City Council.

What I would like to hear the Mayor speak about tonight is a vision and a plan for completing the next crucial phase of the park – the Cultural Terrace.

The City Council entered into an exclusive negotiating agreement to bring Pretend City Children’s Museum to the Cultural Terrace.  When the relocation of Pretend City to the Great Park Cultural Terrace initially came before the City Council in 2017, I strongly supported it and was disappointed when we did not have the votes to act at that time.  I am extremely pleased that we have moved forward this year.

But much more needs to be done to truly create the Cultural Terrace as the jewel of the Great Park.

I believe the Great Park’s Cultural Terrace would be the ideal location for a natural history museum, showcasing the natural history of our area.

Importantly, the history of the Juaneno/Acjachemen and Gabrielino/Tongva — our County’s indigenous people — needs to be told!

In fact, while Orange County is the only county in Southern California that does not have a natural history museum, Orange County is already home to a fabulous collection of fossils and artifacts in the Dr. John D. Cooper Archaeological and Paleontological Center, now located in several warehouses in Santa Ana.  This rich history of fossils and artifacts, perhaps one of the most important fossil-bearing areas in North America, if not the world, needs to be curated and displayed.

Our county’s rich store of fossils and artifacts ought to be open to all in a magnificent museum – a new Orange County Natural History Museum in the Great Park!

I have also made clear my support for the California Fire Museum and Safety Learning Center, and for preserving the heritage of our California firefighters in a permanent facility in the Great Park.

I have also long been a strong advocate for botanical gardens in the Great Park’s Cultural Terrace.  In fact, every survey we’ve done has shown that gardens are among amenities that people most want in the Great Park.

I agree with the Great Park Garden Coalition that “We need places where children can experience nature and explore, where all can find refuge from the ever-increasing urban density and traffic, where people of all ages and abilities can experience beautiful outdoor spaces. All great urban parks have great garden spaces: Golden Gate Park, Central Park, Balboa Park.”

The Great Park in Irvine should, too.

Homelessness and Attainable Housing

As we all know, Irvine is among the most expensive real estate markets in the nation; for this reason, there is a tremendous need for, and tremendous obstacles to, affordable housing.

Finding solutions to the housing crisis and alleviating homelessness has been a priority for me, both as a member of the Irvine City Council and as Chair of the Irvine Community Land Trust.

Irvine has been a model in this area and the Land Trust concept, now being adopted by Orange County and many other cities, is something that Irvine has pioneered.  No other city has a Land Trust like we have, and other cities are working to copy ours.

I’m proud of what the Irvine Land Trust has accomplished in the past year.

In 2018, we opened Parc Derian, which brings 80 new units of housing for working families, veterans, and special-needs residents of Irvine.  We also began work on Salerno, a new 80-unit rental community. Like Parc Derian, Salerno will provide permanent affordable housing for working families, veterans, and special-needs residents of Irvine.

Significantly, we have begun to develop our first homes for ownership with help from a new partnership with Habitat for Humanity of Orange County. This new Irvine community, called Chelsea on Native Spring, located north of Irvine Boulevard, will include 68 affordable home for sale to income-eligible veterans, working families, and young professionals.

In all, that’s 466 households, and more than a thousand people, who can comfortably live, work and raise families in Irvine directly because of the work of the Irvine Community Land Trust.

In addition to my work on the Irvine Land Trust, I have traveled to Pittsburgh and San Antonio to see what other cities have done to successfully combat homelessness, and I have traveled to Sacramento to encourage the legislature to revise regulations and the tax code to make it easier to build affordable housing.

I would like to hear the Mayor reaffirm Irvine’s commitment to support the Irvine Community Land Trust as successful model for other cities to emulate in providing housing for diverse income levels.

I would also like to hear the Mayor present his vision for alleviating the homelessness crisis, and especially what role he envisions Irvine should play in providing shelter and services, especially in light of the case in federal court.

How will he work with the federal court and Board of Supervisors to tackle this crisis on a truly regional basis, and how will he get the Board of Supervisors to spend the money and resources that they have been given specifically to deal with homelessness on an actual solution?

Working Together in an Inclusive Democracy  

Our City Council is no longer gridlocked in the partisan bickering that prevented progress for so many years; we have seen that we need to work together to improve the lives of all of Irvine’s residents.

I would like to see our city leaders display the truly democratic spirit that united all decent people in our community in condemning religious and racial bigotry, and not the divisiveness that is created when wedge issues, outside our jurisdiction and purview, are brought before the City Council.  Focusing on these wedge issues does not produce positive policies that bring our city together, but instead a theatrical politics of division that can only drive us apart.

I would like to hear the Mayor reach out to those of us on the other side of the aisle, as he has often done, recognizing that it is best for our city and our residents when we work for the common good by looking for common ground.

A Vision for our Great City of Irvine

Our great City of Irvine is truly blessed with wonderful people, a beautiful natural environment, thriving businesses, and remarkable schools.

What Irvine needs is a vision for the future that focuses and energizes our continued quest for being the very best place in the world to live, work and raise a family.

The event begins with a reception at 5:00 p.m., followed by the Mayor’s address at 6:00 p.m.

Both the “State of the City” address and the reception are open to the public. No RSVP is necessary to attend.

The Civic Center is located at 1 Civic Center Drive, Irvine CA 92606-5207.  Call 949-724-6077 for more information.

I hope to see you there!

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Irvine’s Kids Need You! Volunteers Needed for Irvine Children, Youth and Families Advisory Committee

The City of Irvine is accepting applications to fill two community member-at-large vacancies on the Irvine Children, Youth and Families Advisory Committee (ICYFAC).

Comprised of 15 members, the ICYFAC is an advisory body to the Community Services Commission.

The Committee provides ongoing review and evaluation of programs and services that support the development of Irvine children and youth.

Goals included in the ICYFAC work plan for 2018–19 include:

  • Minimizing stress, anxiety, and depression by strengthening resiliency of young people
  • Connecting children and youth to their schools and community
  • Valuing youth as a vibrant section of the Irvine community
  • Collaborating with youth and community serving agencies

Applicants must live or work in Irvine and be willing to commit to a voluntary two-year term of active participation.

Committee meetings are held quarterly on Wednesdays from 5:30 to 7:30 p.m. at the Irvine Civic Center.

The application period begins Monday, February 4, 2019. Applications are available at Irvine Civic Center, 1 Civic Center Plaza, 2nd Floor, Community Services Department, or online here.

Completed applications must be submitted by 5:00 p.m. on Monday, March 4, 2019, to: City Clerk, City of Irvine, 1 Civic Center Plaza, Irvine, CA, 92623

Thanks!

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Support Pretend City Children’s Museum at the Great Park at Tonight’s Irvine City Council Meeting!

At tonight’s Irvine City Council meeting on Tues., January 22, 2019, the Council will discuss entering into an exclusive negotiating agreement (ENA) with Pretend City Children’s Museum regarding the relocation of the museum to the Great Park’s Cultural Terrace.

Pretend City Children’s Museum, which opened in Irvine in 2009, is an interactive children’s museum that builds better brains through whole body learning experiences, educational programs, and creative exhibits.  It is is a non-profit 501(c)(3) organization serving all children.

Designed as a small city, with a grocery store, construction site, art studio, house, café, bank, emergency services, health center and farm, Pretend City is a familiar environment in which children infant through eight-years-old will have joyful opportunities to build problem solving and critical thinking skills, develop creativity and begin a life-long love of learning.

Pretend City is dedicated to ensuring that each child is ready for school success by providing the ideal real-world learning experiences needed by children to develop their essential foundational learning skills.

When the relocation of Pretend City to the Great Park Cultural Terrace initially came before the City Council in 2017, I strongly supported it and was disappointed when we did not have the votes to act at that time.

I strongly support taking action in support of Pretend City at the Great Park now!

Irvine is a wonderful city for families, but will be even better with more educational opportunities for young children.

The Pretend City Children’s Museum is an amazing asset for Irvine and will be a fantastic addition to the Great Park Cultural Terrace.

If you’re a fan of Pretend City, be sure to attend!

Pretend City Children’s Museum is currently located at 29 Hubble, Irvine CA 92618

Learn more about Irvine City Council meetings here.

 

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Celebrate Martin Luther King Jr Day at Pretend City on Monday! Support Pretend City at the Irvine City Council on Tuesday!

Our friends at Pretend City Children’s Museum have put together a wonderful program for Martin Luther King, Jr. Day in Irvine on Monday, January 21, 2019, from 11:00 am – 5:00 pm.

Here is what they have to say:

“Every child is unique, and they should know that no matter how different their friend may look from them, everyone should be treated fairly. On this special day at Pretend City, we want to have an open discussion with your child about equality. Don’t miss out on this important life lesson for your child!”

MLK Day Activities include:

Smart Art (in the Art Studio): Today in our Art Studio we will learn all about the word Peace and create a Dove of Peace handprint to encourage peaceful play at Pretend City and at home.

Cultural Connection (11:30 am): As children create their very own self-portrait, they will engage in discussions that show them that even though we are different in many ways (skin color, hair color, eye color, age, etc.) – everyone is special, and we have many of the same hopes, dreams and feelings on the inside.

Loud & Proud (3:00 pm): Dr. King had a dream of peace! What is your child’s dream? After we sing-along to the Martin Luther King Song children will be given the opportunity to share their dream with others.

The cost of the program is included in museum admission. You can purchase your ticket here.

Pretend City Children’s Museum is a non-profit 501(c)(3) organization serving all children. The museum is a child-size interconnected city built with rich educational intention, where children can assume various real-world roles. It is designed for children to learn how the real-world works.

Through interactive exhibits and activities facilitated by highly trained professional staff, children learn foundational math, reading and science skills while fostering curiosity, creativity, critical thinking, problem-solving, and teamwork.

Pretend City Children’s Museum is located at 29 Hubble, Irvine CA 92618

Call 949-428-3900 for more information.

Note: At the Irvine City Council meeting on Tues., January 22, 2019, the Council will discuss entering into an exclusive negotiating agreement (ENA) with Pretend City Children’s Museum regarding the relocation of the museum to the Great Park’s Cultural Terrace.

If you’re a fan of Pretend City, be sure to attend!

When the relocation of Pretend City to the Great Park Cultural Terrace initially came before the City Council in 2017, I strongly supported it and I was disappointed when we did not have the votes to act at that time.

I strongly support taking action now.

The Pretend City Children’s Museum is an amazing asset for Irvine and will be a fantastic addition to the Great Park Cultural Terrace.

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Happy Martin Luther King Day: National Day of Service

“Life’s most persistent and urgent question is, What are you doing for others?” — Dr. Martin Luther King Jr.

“Everybody can be great … because anybody can serve. You don’t have to have a college degree to serve. You don’t have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love.” — Dr. Martin Luther King Jr.

In 1994, Congress passed the King Holiday and Service Act, designating the Martin Luther King Jr. Federal Holiday as a national day of service.

Taking place each year on the third Monday in January, the MLK Day of Service is the only federal holiday observed as a national day of service – a “day on, not a day off.”  It calls for Americans from all walks of life to work together to provide solutions to our most pressing national and community problems.

There are many opportunities for service in Irvine.

Click here to see our City of Irvine website special section on volunteer opportunities.

Among the many Irvine organizations that need volunteer service are: the Irvine Animal Care Center, Community Emergency Response Team (CERT), Farm + Food Lab at the Great Park, Irvine Fine Arts Center, the Irvine Global Village Festival, Heritage and Aviation Exhibition-Orange County Great Park, High School Youth Action Team, Irvine 2/11 Marine Adoption Committee, Irvine Disaster Emergency Communications (IDEC), Meals on Wheels, Senior Center, and the Turtle Rock Nature Center and Irvine Open Space Preserve.

Volunteering is a wonderful way to give back to our community and directly help those in need.

In addition, Irvine Gives is a comprehensive online resource to help locate the giving opportunities you seek.

If you want to donate time, money or materials, clicking on Irvine Gives is a great place to start.

Thank you for your service to our community!