Farrah N. Khan
Mayor
Anthony Kuo
Vice Mayor
Larry Agran
Councilmember
Mike Carroll
Councilmember
Tammy Kim
Councilmember
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SUPPLEMENTAL AGENDA*
CITY COUNCIL REGULAR MEETING
May 10, 2022
4:00
PM
1 Civic Center Plaza
One Civic Center Plaza
Irvine, CA 92606
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PARTICIPATION AT CITY COUNCIL MEETINGS
MEETINGS ARE BROADCAST LIVE ON ICTV, COX COMMUNICATIONS LOCAL ACCESS CHANNEL 30, AND AT&T U-VERSE CHANNEL 99, AND LIVESTREAMED ONLINE AT CITYOFIRVINE.ORG/ICTV. YOU MAY SUBMIT COMMENTS ON ANY AGENDA ITEM OR ON ANY ITEM NOT ON THE AGENDA, IN WRITING VIA MAIL TO “ATTN: CITY COUNCIL,” 1 CIVIC CENTER PLAZA, IRVINE, CA 92606; BY EMAIL TO CLERK@CITYOFIRVINE.ORG; OR THROUGH E-COMMENT AT CITYOFIRVINE.ORG/ICTV. E-COMMENTS SUBMITTED AT LEAST TWO HOURS PRIOR TO THE COMMENCEMENT OF THE MEETING WILL BE DISTRIBUTED TO CITY COUNCILMEMBERS AT THE MEETING. YOU MAY ALSO PROVIDE LIVE COMMENTS VIA “ZOOM.” FOR MORE INFORMATION, VISIT CITYOFIRVINE.ORG/ICTV AND SELECT “CITY COUNCIL MEETINGS.”
REQUEST TO SPEAK IN PERSON: IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL ON A SCHEDULED AGENDA ITEM, NON-AGENDA ITEM, OR PUBLIC HEARING, PLEASE REGISTER BY COMPLETING THE ELECTRONIC FORM AVAILABLE ON THE KIOSK AT THE ENTRANCE TO THE CITY COUNCIL CHAMBER. WE RESPECTFULLY ASK THAT YOU IDENTIFY ON THE FORM YOUR NAME AND THE ITEM(S) ON WHICH YOU WOULD LIKE TO SPEAK. THE REQUEST TO SPEAK FORM ON THE KIOSK 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 PUBLIC COMMENTS AND PUBLIC HEARINGS ARE 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.
PLEASE NOTE: THE CITY COUNCIL IS MAKING EVERY EFFORT TO FOLLOW THE SPIRIT AND INTENT OF THE BROWN ACT AND OTHER APPLICABLE LAWS REGULATING THE CONDUCT OF PUBLIC MEETINGS, IN ORDER TO MAXIMIZE TRANSPARENCY AND PUBLIC ACCESS. FOR QUESTIONS OR ASSISTANCE, PLEASE CONTACT THE CITY CLERK’S OFFICE AT 949-724-6205, OR VIA EMAIL AT CLERK@CITYOFIRVINE.ORG. IT WOULD BE APPRECIATED IF WRITTEN COMMUNICATIONS OF PUBLIC COMMENTS RELATED TO ITEMS ON THE AGENDA, OR ITEMS NOT ON THE AGENDA, ARE PROVIDED PRIOR TO THE COMMENCEMENT OF THE MEETING.
* NOTE: ITEMS WITH AN ASTERISK (*) INCLUDE THE FOLLOWING CHANGES TO THE MEETING AGENDA ORIGINALLY PUBLISHED ON APRIL 28, 2022:
CLOSED SESSION - ADDED
ITEM 2.9 - ADDED
ITEM 2.10 - ADDED
ITEM 4.2 - ADDED
ITEM 4.3 - ADDED
CALL TO ORDER
ROLL CALL
CLOSED SESSION
* CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) -- Property: 8000 Great Park Blvd, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Joel Belding, Deputy Director of Planning and Development; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Dan Hedigan, Chief Executive Officer, Five Point Holdings, LLC; Under Negotiation: Price and Terms of Payment
PLEDGE OF ALLEGIANCE - IRVINE POLICE COLOR GUARD
INVOCATION
PRESENTATIONS
| 1.1 |
Proclaim May 15-21, 2022 as "National Police Week"
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| 1.2 |
Employee Recognition: 20, 25, and 30 Years of Service
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| 1.3 |
Celebrating National Bike Month
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| 1.4 |
Update by City of Hope
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PUBLIC COMMENTS - AGENDIZED ITEMS (Limited to 3 minutes per speaker per item.)
Public comments on agendized items (excluding Public Hearing items) will be heard no sooner than 5 p.m. Public comments on Public Hearing items shall occur during the public hearing.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS (Limited to 3 minutes per speaker.)
Public comments on non-agendized items will be heard no sooner than 5 p.m. 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.
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 a maximum of 15 minutes, 3 minutes per member of the City Council. In addition, the Mayor shall receive any necessary additional time to deliver announcements of community events and opportunities.
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 will be 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.
| 2.1 |
MINUTES
ACTION:
Approve the minutes of the regular meeting of the Irvine City Council held on April 12, 2022.
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| 2.2 |
PROCLAMATIONS
ACTION:
1) Proclaim May 2022 as "Older Americans Month."
2) Proclaim May 2022 as "Food Allergy Awareness Month."
3) Proclaim May 2022 as "National Asparagus Month."
4) Proclaim May 2022 as "Jewish American Heritage Month."
5) Proclaim May 15-21, 2022, as "National Public Works Week."
6) Proclaim May 19, 2022, as "National Stop the Bleed Day."
7) Proclaim May 21, 2022, as "Kids to Parks Day."
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| 2.3 |
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
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| 2.4 |
APPROVAL OF SOLE SOURCE CONTRACT FOR PROJECT INDEPENDENCE TO PROVIDE MAIL CENTER SERVICES
ACTION:
Approve a sole source contract for Project Independence to provide Mail Center services in the amount of $139,700 for Fiscal Year 2022-23.
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| 2.5 |
FINDINGS ALLOWING FOR REMOTE PARTICIPATION IN PUBLIC MEETINGS (ASSEMBLY BILL 361)
ACTION:
Declare that the findings made in RESOLUTION NO. 21-68 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, MAKING FINDINGS NECESSARY FOR REMOTE PARTICIPATION IN PUBLIC MEETINGS OF LEGISLATIVE BODIES OF THE CITY OF IRVINE, AS AUTHORIZED BY ASSEMBLY BILL 361" remain valid and applicable, so as to allow for remote participation in public meetings for the next 30 days.
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| 2.6 |
SECOND READING AND ADOPTION OF ORDINANCE NO. 22-07 APPROVING ZONE CHANGE 00863847-PZC TO AMEND THE ZONING ORDINANCE AND MUNICIPAL CODE TO PROVIDE NEW CITYWIDE REGULATIONS FOR RESIDENTIAL BEEKEEPING
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 22-07 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING ZONE CHANGE 00863847-PZC TO AMEND THE ZONING ORDINANCE AND MUNICIPAL CODE TO PROVIDE NEW CITYWIDE REGULATIONS FOR RESIDENTIAL BEEKEEPING
(Unless otherwise directed by a Member of the City Council, the vote at second reading will reflect the same vote as at first reading. However, if a Councilmember was absent at first reading, his or her vote cast at second reading will be reflected. If a Councilmember is not present at the second reading/adoption, the vote will be reflected as absent.)
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| 2.7 |
SECOND READING AND ADOPTION OF ORDINANCE NO. 22-08 APPROVING A ZONE CHANGE TO AMEND CHAPTER 9-39 OF THE MUNICIPAL CODE AND REZONING THE VILLAGE OF LOS OLIVOS (PLANNING AREA 39) FROM 2.4 TO 2.4H
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 22-08 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING ZONE CHANGE 00832948-PZC TO AMEND CHAPTER 9-39 OF THE IRVINE ZONING ORDINANCE BY INCREASING THE MAXIMUM RESIDENTIAL CAP BY 330 DWELLING UNITS AND REZONING THE SUBJECT PROPERTY FROM 2.4 TO 2.4H MEDIUM-HIGH DENSITY RESIDENTIAL; LOCATED AT THE NORTHEAST CORNER OF ENCANTO AND DANA IN PLANNING AREA 39 (LOS OLIVOS); FILED BY IRVINE COMPANY
(Unless otherwise directed by a Member of the City Council, the vote at second reading will reflect the same vote as at first reading. However, if a Councilmember was absent at first reading, his or her vote cast at second reading will be reflected. If a Councilmember is not present at the second reading/adoption, the vote will be reflected as absent.)
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| 2.8 |
SECOND READING AND ADOPTION OF ORDINANCE NO. 22-09 ADDING CHAPTER 1 OF DIVISION 23 OF TITLE 4 TO THE MUNICIPAL CODE REGARDING THE POLICE DEPARTMENT’S ACQUISITION AND USE OF EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 22-09 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, ADDING CHAPTER 1 OF DIVISION 23 OF TITLE 4 TO THE IRVINE MUNICIPAL CODE ESTABLISHING RULES PURSUANT TO ASSEMBLY BILL 481 REGARDING THE IRVINE POLICE DEPARTMENT'S ACQUISITION AND USE OF EQUIPMENT
(Unless otherwise directed by a Member of the City Council, the vote at second reading will reflect the same vote as at first reading. However, if a Councilmember was absent at first reading, his or her vote cast at second reading will be reflected. If a Councilmember is not present at the second reading/adoption, the vote will be reflected as absent.)
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| 2.9 |
* LETTER OF AGREEMENT BETWEEN THE CITY OF IRVINE AND THE COUNTY OF ORANGE RESERVING FUNDS SET ASIDE UNDER 2012 LIBRARY MEMORANDUM OF UNDERSTANDING
ACTION:
Authorize the City Manager to execute a letter of agreement between the City of Irvine and the County of Orange, under which the County will reserve funds previously set aside under a 2012 library services Memorandum of Understanding (MOU) for a period of 90 days, during which time the City and County will continue to negotiate a new MOU that will provide for the use of those funds on library facilities in Irvine. |
| 2.10 |
* COMMUNITY PARTNERSHIP FUND GRANT NOMINATION
ACTION:
1) Approve Councilmember Carroll's request for Community Partnership Fund Grant Nomination to the Ryan Lemmon Foundation in the amount of $2,000 in support of program costs.
2) Authorize the City Manager to prepare and sign a funding agreement in the amount of $2,000. |
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. 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.
| 3.1 |
OVERRULE OF THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION OF INCONSISTENCY TO THE 2021-2029 HOUSING ELEMENT UPDATE (00832121-PGA)
ACTION:
1) Conduct the public hearing.
2) Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, FINDING THE GENERAL PLAN 2021-2029 HOUSING ELEMENT UPDATE CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE 2021-2029 HOUSING ELEMENT UPDATE IS INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN
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| 3.2 |
GENERAL PLAN - AMENDED ADOPTED 2021-2029 HOUSING ELEMENT
ACTION:
1) Conduct public hearing.
2) Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING THE AMENDED ADOPTED 2021-2029 HOUSING ELEMENT IN ITS CURRENT FORM, AND RECOMMENDING THAT THE CITY COUNCIL APPROVE CORRESPONDING GENERAL PLAN AMENDMENT 00832121-PGA IN FURTHERANCE THEREOF
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COUNCIL BUSINESS
| 4.1 |
CONTRACT AWARD FOR NEW PERMITTING AND LAND MANAGEMENT SOFTWARE SOLUTION
ACTION:
1) Approve and authorize the Mayor to execute an agreement with Clariti Cloud, Inc., for permitting and land management software subscription licensing for a ten-year period not to exceed $3,470,760.
2) Approve and authorize the Mayor to execute an agreement with Avocette, Inc., for one-time implementation costs, a 10% contingency reserve and a maintenance service contract for a ten-year period not to exceed $2,862,426.
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| 4.2 |
* CONSIDERATION OF A REQUEST BY COUNCILMEMBER AGRAN, MAYOR KHAN, AND COUNCILMEMBER KIM TO ADOPT A RESOLUTION OF SUPPORT FOR THE MENTAL HEALTH JUSTICE ACT OF 2021
ACTION:
Consider adoption of - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, TO EXPRESS SUPPORT FOR THE MENTAL HEALTH JUSTICE ACT OF 2021 |
| 4.3 |
* CONSIDERATION OF AMENDMENTS TO SECTION 5-9-205 OF CHAPTER 2 OF DIVISION 9 OF TITLE 5 OF THE IRVINE MUNICIPAL CODE RELATING TO CERTAIN CONTRACTOR DISCLOSURES
ACTION:
Re-introduce for first reading and read by title only ORDINANCE NO. 22-06 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AMENDING SECTION 5-9-205 OF CHAPTER 2 OF DIVISION 9 OF TITLE 5 OF THE IRVINE MUNICIPAL CODE RELATING TO CERTAIN CONTRACTOR DISCLOSURES |
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 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 12 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 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 available for public inspection and copying once the agenda is publicly posted, (at least 12 days prior to the 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 the City Clerk's office 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, 1 Civic Center Plaza, Irvine, California, during normal business hours. In addition, such writings or documents will be made available for public review on the City's website and 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 the City Clerk's Office 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 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 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 e-mailed by 12 noon on the day of the scheduled meeting to pio@cityofirvine.org. However, we encourage submission as early as possible to allow adequate time to navigate any potential technical issues. 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.
Still image formats must be submitted via PowerPoint (ppt) or JPEG. PDF files (i.e. Adobe) are not acceptable. Videos must be submitted as .mp4 or .mov files. Multi-media presentations shall not include testimony from another person providing comments. In addition, a single multi-media presentation shall not be divided among multiple multi-media presenters. Unless otherwise directed by the Mayor or a majority vote of the City Council, all multi-media public comments shall be taken last in order.
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 p.m. Study Sessions and/or Closed Sessions are generally held at 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.cityofirvine.org
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, 1 Civic Center Plaza, Irvine, California on ________________, by __________ as well as on the City's web page.
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Carl Petersen, MPA, CMC
City Clerk
