Christina Shea
Mayor
Anthony Kuo
Mayor Pro Tempore
Michael C. Carroll
Councilmember
Melissa Fox
Councilmember
Farrah N. Khan
Councilmember
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SUPPLEMENTAL AGENDA*
CITY COUNCIL REGULAR MEETING
November 12, 2019
4:00
PM
City Council Chamber
One Civic Center Plaza
Irvine, CA 92606
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* NOTE: ITEMS WITH AN ASTERISK (*) INCLUDE THE FOLLOWING CHANGES TO THE MEETING AGENDA ORIGINALLY PUBLISHED ON OCTOBER 31, 2019:
ITEM 1.3 - ADDED
ITEM 3.12 - AMENDED
Speaker's Card/Request to Speak: If you would like to address the City Council on a scheduled agenda item, including a Consent Calendar item, a Regular Council Business item, a Public Hearing item, or Public Comments, please complete the "Request to Speak Form." The card is at the table at the entrance to the City Council Chamber. Please identify on the card your name and the item on which you would like to speak and return to the City Clerk. The "Request to Speak Form" assists the Mayor in ensuring that all persons wishing to address the City Council are recognized. It also ensures the accurate identification of meeting participants in the City Council minutes. Your name will be called at the time the matter is heard by the City Council. City policy is to limit public testimony to up to three minutes per speaker depending on relevant circumstances (unless the time limit is extended by the Mayor), which includes the presentation of electronic or audio visual information. Speakers may not yield their time to other persons.
Please take notice that the order of scheduled agenda items below and/or the time they are actually heard, considered and decided may be modified by the Mayor or the City Council during the course of the meeting, so please stay alert.
CALL TO ORDER
ROLL CALL
CLOSED SESSION
| 1.1 |
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8); Property: 17861 Cartwright Road, Irvine CA; Agency Negotiators: John Russo, City Manager; Peter Carmichael, Director of Community Development; and Steve Holtz, Manager of Neighborhood Services; Negotiating Parties: City of Irvine; Mark Asturias, Irvine Community Land Trust; Todd Cottle, C&C Development; and Sean Rawson, Waterford Group; Under Negotiation: Price and Terms of Payment
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| 1.2 |
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – Pursuant to Government Code Section 54956.9(d)(1) — City of Irvine v. Purdue Pharma, et al.– San Francisco County Superior Court Case No. CGC–19-574866
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| 1.3 |
* CONFERENCE WITH REAL PROPERTY NEGOTIATORS: (Government Code § 54956.8); Property: APN No. 58076135; Agency Negotiators: John Russo, City Manager/Executive Director, Orange County Great Park; Pete Carmichael, Director of Community Development; Rebecca Bridgeford, Manager of Great Park; Kaitlyn Nguyen, Manager, Economic Development; Wil Soholt, Kosmont Companies; and Allison Lemoine-Bui, Rutan & Tucker; Negotiating Parties: City of Irvine; Wild Rivers Irvine, LLC; and EPR Irvine, LLC; Under Negotiation: Price and Terms of Payment
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RECONVENE TO THE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
| 2.1 |
Proclaim Sikh Awareness and Appreciation Month
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| 2.2 |
Evacuation Plan Overview
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| 2.4 |
Implementation of Senate Bill 245
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CITY MANAGER’S REPORT
ANNOUNCEMENTS/COMMITTEE REPORTS/COUNCIL REPORTS
Announcements, Committee Reports and Council Comments are for the purpose of presenting brief comments or reports, are subject to California Government Code Section 54954.2 of the Brown Act and are limited to 15 minutes per meeting.
ADDITIONS AND DELETIONS
Additions to the agenda are limited by California Government Code Section 54954.2 of the Brown Act and for those items that arise after the posting of the Agenda and must be acted upon prior to the next City Council meeting.
CONSENT CALENDAR
All matters listed under Consent Calendar are considered by the City Manager to be routine and enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion. Any member of the public may address the Council on items on the Consent Calendar. See information for Speaker’s Card/Request to Speak on first page.
| 3.1 |
MINUTES
ACTION:
Approve the minutes of a regular meeting of the Irvine City Council held on October 10, 2019. |
| 3.2 |
PROCLAMATIONS
ACTION:
Proclaim November 10-16, 2019, as "National Nurse Practitioner Week." |
| 3.3 |
WARRANT AND WIRE TRANSFER RESOLUTION
ACTION:
Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID |
| 3.4 |
PROFESSIONAL SERVICES AGREEMENT FOR EXPANDED SCOPE OF WORK FOR THE COMPREHENSIVE GENERAL PLAN UPDATE
ACTION:
Authorize the Mayor to execute a new Agreement for Professional Consulting Services with PlaceWorks, Inc., expanding the scope of work for the Comprehensive General Plan Update to include (1) City of Irvine California Environmental Quality Act (CEQA) Manual update; (2) Climate Change Adaptation and Resiliency Strategy; (3) Housing Element update; and, (4) a new Environmental Protection and Climate Action element, which was recently directed for inclusion by the City Council. The additional work totals $811,300 for a total project not-to-exceed amount of $2,431,480 |
| 3.5 |
2019 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SENATE BILL 2 PLANNING GRANTS PROGRAM
ACTION:
Adopt – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE SENATE BILL 2 PLANNING GRANTS PROGRAM |
| 3.6 |
FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FEDERAL FISCAL YEAR 2020-21 THROUGH 2025-26
ACTION:
Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, WHICH CERTIFIES THAT THE CITY OF IRVINE HAS THE RESOURCES TO FUND THE PROJECTS IN THE FEDERAL FISCAL YEAR 2020-21 THROUGH 2025-26 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM |
| 3.7 |
VENTA SPUR TRAIL AND STATE ROUTE 133 BICYCLE AND PEDESTRIAN BRIDGE PROJECT
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| 1) |
Receive and file the preliminary design plans and profile, a Permit Engineering Evaluation Report, and Categorical Exemption for the Venta Spur Trail and State Route 133 Bicycle and Pedestrian Bridge, approved by California Department of Transportation, District 12.
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| 2) |
Direct staff to proceed with the final design and right-of-way phase.
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| 3.8 |
SECOND READING OF ORDINANCE NO. 19-14 AMENDING CHAPTERS 1, 2, 3, 4 AND 5 OF DIVISION 9 OF SECTION 5 OF THE IRVINE MUNICIPAL CODE PERTAINING TO BUILDING AND FIRE CODE REGULATIONS
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 19-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AMENDING CHAPTERS 1, 2, 3, 4 AND 5 OF DIVISION 9 OF SECTION 5 OF THE IRVINE MUNICIPAL CODE PERTAINING TO BUILDING AND FIRE CODE REGULATIONS |
| 3.9 |
SECOND READING OF ORDINANCE NO. 19-15 APPROVING DEVELOPMENT AGREEMENT 00771503-PDA WITH ELEMENTS 1 LEASEHOLD LLC, FOR A RESIDENTIAL MIXED-USE PROJECT IN PLANNING AREA 36
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 19-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 00771503-PDA WITH ELEMENTS 1 LEASEHOLD LLC, FOR ELEMENTS RESIDENTIAL MIXED-USE PROJECT LOCATED NORTH OF CAMPUS DRIVE BETWEEN BARDEEN AVENUE AND JAMBOREE ROAD IN PLANNING AREA 36 (IRVINE BUSINESS COMPLEX) |
| 3.10 |
SECOND READING OF ORDINANCE NO. 19-16 APPROVING DEVELOPMENT AGREEMENT 00771507-PDA WITH J&R MAIN STREET LLC, FOR 15 DEGREES SOUTH RESIDENTIAL PROJECT IN PLANNING AREA 36
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 19-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 00771507-PDA WITH J&R MAIN STREET LLC, FOR 15 DEGREES SOUTH RESIDENTIAL PROJECT LOCATED AT THE NORTHEAST CORNER OF MAIN STREET AND CARTWRIGHT ROAD IN PLANNING AREA 36 (IRVINE BUSINESS COMPLEX) |
| 3.11 |
SECOND READING OF ORDINANCE NO. 19-17 AMENDING CHAPTER 5 OF DIVISION 10 OF TITLE 4 OF THE MUNICIPAL CODE RELATING TO THE REGULATION AND PROHIBITION OF SMOKING
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 19-17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AMENDING CHAPTER 5 OF DIVISION 10 OF TITLE 4 OF THE IRVINE MUNICIPAL CODE RELATING TO THE REGULATION AND PROHIBITION OF SMOKING |
| 3.12 |
* COMMUNITY PARTNERSHIP FUND GRANT NOMINATIONS
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| 1) |
Approve Mayor Shea’s request for Community Partnership Fund Grant Nomination to the Ektaa Center in the amount of $1,500 in support of program costs.
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| 2) |
Approve Mayor Pro Tem Kuo’s request for Community Partnership Fund Grant Nomination to the New Horizon School in the amount of $500 in support of program costs.
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| 3) |
Authorize the City Manager to prepare and sign the funding agreement for individual awards of $1,000 or more.
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PUBLIC HEARINGS
Public Hearings are scheduled for a time certain of 4:00 p.m., unless noticed otherwise, or as soon thereafter as possible. Those wishing to address the City Council during the Public Hearing are requested to complete a form and provide it to the City Clerk prior to the hearing.
Notice: Public Hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuation. Any matter not noted for continuance, will be posted separately.
| 4.1 |
ON-DEMAND MOBILE FUELING OPERATIONS UPDATE AND PROPOSED MUNICIPAL CODE AMENDMENTS
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| 1) |
Conduct public hearing.
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| 2) |
Introduce for first reading and read by title only – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AMENDING SECTION 5-9-408 OF CHAPTER 4 OF DIVISION 9 OF TITLE 5 OF THE IRVINE MUNICIPAL CODE RELATING TO REGULATION OF ON-DEMAND MOBILE FUELING OPERATIONS
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| 3) |
Direct staff to continue monitoring mobile fueling activity and provide a written update to City Council in 24 months.
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| 4.2 |
ZONE CHANGE (00793363-PZC) TO AMEND THE ZONING ORDINANCE TO PROHIBIT RESIDENTIAL AND HOTEL USES ON THAT PORTION OF THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT (ARDA) TRANSFER SITE GENERALLY LOCATED NORTH OF CADENCE AND TO CHANGE THE ZONING DESIGNATION FROM 8.1 TRAILS AND TRANSIT ORIENTED DEVELOPMENT TO 1.9 ORANGE COUNTY GREAT PARK ON THAT PORTION OF THE ARDA TRANSFER SITE GENERALLY LOCATED SOUTH OF CADENCE WITHIN PLANNING AREA 51
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| 1) |
Conduct public hearing.
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| 2) |
Introduce for first reading and read by title only - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING A CITY-INITIATED ZONE CHANGE (00793363-PZC) TO AMEND THE ZONING ORDINANCE TO PROHIBIT RESIDENTIAL AND HOTEL USES ON THAT PORTION OF THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT (ARDA) TRANSFER SITE GENERALLY LOCATED NORTH OF CADENCE AND TO CHANGE THE ZONING DESIGNATION FROM 8.1 TRAILS AND TRANSIT ORIENTED DEVELOPMENT (TTOD) TO 1.9 ORANGE COUNTY GREAT PARK (OCGP) ON THAT PORTION OF THE ARDA TRANSFER SITE GENERALLY LOCATED SOUTH OF CADENCE WITHIN PLANNING AREA 51
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PUBLIC COMMENTS - Public comments will be heard at approximately 6:30 p.m. or prior to adjournment, whichever occurs earlier.
Any member of the public may address the City Council on items within the City Council’s subject matter jurisdiction but which are not listed on this agenda during Public Comments; however, no action may be taken on matters that are not part of the posted agenda. See information for Speaker’s Card/Request to Speak on the first page.
ADJOURNMENT
NOTICE TO THE PUBLIC
LIVE BROADCASTING AND REBROADCASTING
Regular City Council meetings are broadcast live every 2nd and 4th Tuesday of the month at 4 p.m. and are replayed on Tuesdays at 4 p.m. (in weeks in which there is not a live City Council meeting), Sundays at 11 a.m., Wednesdays at 7 p.m., and Thursdays at 10 a.m. until the next City Council meeting. All broadcasts can be viewed on Cox Communications Local Access Channel 30 and U-Verse Channel 99. City Council meetings are also available via live webcast and at any time for replaying through the City's ICTV webpage at cityofirvine.org/ictv . For more information, please contact the City Clerk''s office at (949) 724-6205.
ADJOURNMENT
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 12:00 midnight and will continue all other items on which additional time is required until a future City Council meeting. All meetings are scheduled to terminate at 12:00 midnight.
STAFF REPORTS
As a general rule, staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Copies of these materials are on file with the City Clerk and are available for public inspection and copying once the agenda is publicly posted, (at least 12 days prior to a regular City Council meeting). Staff reports can also be downloaded from the City's website at cityofirvine.org at least 12 days prior to the scheduled City Council meeting on Tuesday.
In addition, meetings can be viewed live at the time posted on the agenda and related staff reports can be opened and viewed simultaneously along with the streaming of the meeting. To view the meeting, go to cityofirvine.org/ictv.
If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact City Clerk staff at (949)724-6205.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda after the posting of the agenda will be available for public review in the City Clerk''s Office, One Civic Center Plaza, Irvine, California, during normal business hours. In addition, such writings or documents will be made available for public review at the respective public meeting.
If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact City Clerk staff at (949)724-6205.
SUBMITTAL OF INFORMATION BY MEMBERS OF THE PUBLIC FOR DISSEMINATION OR PRESENTATION AT PUBLIC MEETINGS
Media Types and Guidelines
1. Written Materials/Handouts:
Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the City Council. Please provide 15 copies of the information to be submitted and file with the City Clerk at the time of arrival to the meeting. This information will be disseminated to the City Council at the time testimony is given.
2. Large Displays/Maps/Renderings:
Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the City Clerk's Office at (949)724-6205 no later than 12:00 noon on the day of the scheduled meeting so that an easel can be made available, if necessary.
3. Electronic Documents/Audio-Visuals:
Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Public Information Office (PIO) no later than 12:00 noon on the day of the scheduled meeting. To facilitate your request contact the PIO Office at (949)724-6253 or the City Clerk''s Office at (949)724-6205.
Information must be provided on CD, DVD, or VHS; or, emailed by 12:00 noon on the day of the scheduled meeting to pio@ci.irvine.ca.us. Members of the public will be asked to provide their name, identify the meeting and the agenda item to be addressed, and a day time phone number.
The PIO office will notify the person submitting the information as soon as possible prior to the meeting if the information cannot be accessed or if the version provided is incompatible with the City''s system. Every effort will be made by City staff to facilitate the presentation.
CITY SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
It is the intention of the City of Irvine to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Irvine will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (949)724-6205.
Assisted listening devices are available at the meeting for individuals with hearing impairments. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35. 104 ADA Title II)
CHALLENGING CITY DECISIONS
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge that is not filed within this 90-day period will be barred.
If a person wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Irvine, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesdays of each month at 4:00 p.m. Study Sessions and/or Closed Sessions are periodically held prior to the start of the regular meeting. Agendas are available at the following locations:
• City Clerk's Office
• Police Department
• Front Entrance of City Hall
• University Park Center (Culver/Michelson)
• Walnut Village Center (Culver/Walnut)
• Northwood Town Center (Irvine Blvd./Yale)
• City's web page at www.ci.irvine.ca.us
I hereby certify that the agenda for the City Council meeting was posted in accordance with law at the entrance of City Hall and in the posting book located in the Public Safety Lobby of City Hall, One Civic Center Plaza, Irvine, California on ________________, by __________ as well as on the City's web page.
_________________________
Molly M. Perry, MPA/CMC
City Clerk
