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.

Is Your Pet Ready for Their Close-Up? Enter the 2020 Irvine Pet Calendar Contest!

Is your dog, cat or rabbit ready for their close-up?

The Irvine Animal Care Center is seeking photo entries for this year’s Make Your Pet a Star Photo Fundraiser!

All pictures that meet entry guidelines will be included in our 2020 Irvine Animal Care Center wall calendar!

Photo fundraiser entrants receive a free print calendar, and 13 winners will have their pet featured in a full-month spread.

Online photo submissions will be accepted up to August 31, 2019.

Entry fee is $25 per photo or $100 for five photos.

Funds raised go toward the center’s Enhanced Care, Foster Care, and Third Chance for Pets programs.

For entry guidelines and to submit your photo, please visit irvineanimals.org/petcalendar.

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

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

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

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

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

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

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

But I have no intention of being silent.

And neither do you.

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

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

 

No, We Won’t Back Down

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

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

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

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

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

But I have no intention of being silent.

And neither do you.

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

And throw them out decisively in November 2020.

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

 

All You Need is Love: Volunteers Needed to Foster Kittens!

It’s kitten season.

Every week, dozens of stray kittens are brought into the Irvine Animal Care Center and the OC Animal Shelter in Tustin.

Many of these kittens are too young to even open their eyes, and unfortunately many of them will not survive without their mothers.

Neonatal kittens are especially susceptible to picking up infectious diseases in-shelter because their immune systems are so weak

Many of the current shelter volunteers already foster kittens at home, but their resources are stretched thin.

New volunteers are needed who can foster the kittens, which involves bottle feeding the kittens every three or four hours.

The kittens can survive only with this attention and care.

Bottle baby fostering may be best for people who work from home, have flexible schedules, or are retired.

f you think that you might be able to foster these kittens, please go to the shelters or visit them online at here (Irvine Animal Care Center) and here (Orange County Animal Care in Tustin)

The shelters are located at 6443 Oak Creek, Irvine, CA 92618 and 1630 Victory Road, Tustin, CA 92782.

Never bottle-fed a kitten before?  No problem!

Our shelters have experienced volunteers and staff happy who will help every step of the way.

Need Supplies?  Our shelters have you covered!

All you need is love.

Your love and care could mean the difference between life and death for these young kittens.

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!

 

Run or Walk a 5K and Support Animals in Need!

The Irvine Animal Care Center is inviting all runners, walkers, and animal-lovers to take part in its 2019 Virtual 5K throughout the month of April to support animals in need.

Register for the Irvine Animal Care Center Virtual 5K and receive your exclusive medal along with race completion certificate!

How does a Virtual 5K work?

The Irvine Animal Care Center Virtual 5K allows you to customize your fundraising experience and race at your own pace, in your own time. There is no set location for the Virtual 5K, which ensures that participants can participate from wherever they’re located.

Once you’re registered, your race medal and completion certificate will be mailed directly to you. All that’s left to do is complete your 5K (3.1 miles) between April 1 and April 30. It’s that easy!

You can walk or run on any terrain you prefer — you can even include your four-legged family members for an additional fee, and they’ll receive their very own medal for completing the race too.

Complete a 5K in April, and help provide care and shelter for adoptable animals at the center.

Register online here.

For more information or questions, call 949-724-7740.

There is still time to get the perfect holiday present for your loved one (person or pet)!

The mission of the Irvine Animal Care Center is to provide a safe, clean, caring and enriching environment that meets the high standards of our community and provides the community a resource of trained and knowledgeable staff and volunteers; place all adoptable animals into permanent, loving, responsible pet homes and reunites owner-identified animals with their owners; and promote human responsibility for companion animals.