Farrah N. Khan
Mayor/Chairwoman
Anthony Kuo
Vice Mayor/Vice Chairman
Larry Agran
Councilmember/Boardmember
Mike Carroll
Councilmember/Boardmember
Tammy Kim
Councilmember/Boardmember
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AGENDA
CITY COUNCIL REGULAR MEETING AND REGULAR JOINT MEETING WITH THE CITY OF IRVINE AS SUCCESSOR AGENCY TO THE DISSOLVED IRVINE REDEVELOPMENT AGENCY
August 9, 2022
4:00
PM
City Council Chamber
1 Civic Center Plaza
Irvine, CA 92606
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PARTICIPATION AT CITY COUNCIL/SUCCESSOR AGENCY 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-AGENDIZED 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 MAYO/CHAIR IN ENSURING THAT ALL PERSONS WISHING TO ADDRESS THE CITY COUNCIL/SUCCESSOR ARE RECOGNIZED. IT ALSO ENSURES THE ACCURATE IDENTIFICATION OF MEETING PARTICIPANTS IN THE CITY COUNCI/SUCCESSOR AGENCY MINUTES. YOUR NAME WILL BE CALLED AT THE TIME THE MATTER IS HEARD BY THE CITY COUNCIL/SUCCESSOR AGENCY. CITY POLICY IS TO LIMIT PUBLIC TESTIMONY TO UP TO THREE MINUTES PER SPEAKER DEPENDING ON RELEVANT CIRCUMSTANCES, 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/CHAIR OR THE CITY COUNCIL/SUCCESSOR AGENCY DURING THE COURSE OF THE MEETING, SO PLEASE STAY ALERT.
PLEASE NOTE: THE CITY COUNCIL/SUCCESSOR AGENCY 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.
CALL TO ORDER
ROLL CALL
STUDY SESSION
| 1.1 |
CONSIDERATIONS FOR GREAT PARK SOCCER STADIUM USE
ACTION: Receive and provide input and direction for Great Park Soccer Stadium use. |
CLOSED SESSION
| 2.1 |
CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Negotiators: Oliver Chi, City Manager; Jimmee Medina, Director of Human Resources & Innovation; Mark Alvarado, Interim Director of Finance; Employee Organizations: Associated Supervisory/ Administrative Personnel (ASAP); Irvine City Employees Association (ICEA); Irvine Professional Employees Association (IPEA); Irvine Police Association (IPA); and Irvine Police Management Association (IPMA)
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| 2.2 |
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – Pursuant to Government Code Section 54956.9(d)(1) — Alysia Bathelder v. City of Irvine, Susan Craft; Superior Court Case No. 30-2020-01129189-CU-CO-CJC (Pink Kitty Boutique)
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RECONVENE TO THE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
| 3.1 |
Commend Officer Alex Mendoza, 2022 International D.A.R.E. Officer of the Year
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| 3.2 |
Ratify and Proclaim June 28, 2022, as "Pacific Symphony Day"
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| 3.3 |
Proclaim August 2022 as "American Muslim Appreciation and Awareness Month"
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| 3.4 |
Townsend Public Affairs State Legislative Advocacy Update
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PUBLIC COMMENTS - CITY COUNCIL - AGENDIZED ITEMS
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. If 20 or fewer requests to provide public comments are submitted, each speaker shall be limited to three minutes per item. If between 21 and 30 speakers submit public comments, each speaker shall be limited to two minutes per item. If more than 30 speakers submit public comments, each speaker shall be limited to 90 seconds per item. The time limit per speaker shall be established based on the number of requests to speak submitted to the City Clerk before the first speaker is called. Requests to speak submitted after the first speaker is called shall receive 90 seconds. These time limits may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the Mayor or by a majority vote of the City Council.
PUBLIC COMMENTS - CITY COUNCIL - NON-AGENDIZED ITEMS
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. If 20 or fewer requests to provide public comments are submitted, each speaker shall be limited to three minutes. If between 21 and 30 speakers submit public comments, each speaker shall be limited to two minutes. If more than 30 speakers submit public comments, each speaker shall be limited to 90 seconds. The time limit per speaker shall be established based on the number of requests to speak submitted to the City Clerk before the first speaker is called. Requests to speak submitted after the first speaker is called shall receive 90 seconds. These time limits may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the Mayor or by a majority vote of the City Council.
CITY MANAGER’S REPORT
ANNOUNCEMENTS/COMMITTEE REPORTS/COUNCIL REPORTS
Announcements, Committee Reports and Council/Agency 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.
CONVENE TO THE REGULAR JOINT MEETING
PUBLIC COMMENTS - SUCCESSOR AGENCY - AGENDIZED ITEMS
Public comments on agendized items will be heard no sooner than 5 p.m. If 20 or fewer requests to provide public comments are submitted, each speaker shall be limited to three minutes per item. If between 21 and 30 speakers submit public comments, each speaker shall be limited to two minutes per item. If more than 30 speakers submit public comments, each speaker shall be limited to 90 seconds per item. The time limit per speaker shall be established based on the number of requests to speak submitted to the Secretary before the first speaker is called. Requests to speak submitted after the first speaker is called shall receive 90 seconds. These time limits may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the Chair or by a majority vote of the Board.
PUBLIC COMMENTS - SUCCESSOR AGENCY - NON-AGENDIZED ITEMS
Public comments on non-agendized items will be heard no sooner than 5 p.m. If 20 or fewer requests to provide public comments are submitted, each speaker shall be limited to three minutes per item. If between 21 and 30 speakers submit public comments, each speaker shall be limited to two minutes per item. If more than 30 speakers submit public comments, each speaker shall be limited to 90 seconds per item. The time limit per speaker shall be established based on the number of requests to speak submitted to the Secretary before the first speaker is called. Requests to speak submitted after the first speaker is called shall receive 90 seconds. These time limits may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the Chair or by a majority vote of the Board.
CONSENT CALENDAR - CITY COUNCIL
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.
| 4.1 |
MINUTES
ACTION: Approve the minutes of an adjourned regular meeting of the Irvine City Council held on July 12, 2022. |
| 4.2 |
COMMENDATIONS/PROCLAMATIONS
ACTION: 1) Commend Dr. Gwen Hecht, Founder of the Hecht Trauma Institute, for over 35 years of dedicated service.
2) Proclaim September 9, 2022, as "Mid-Autumn Festival/Chuseok Celebration Day."
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| 4.3 |
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 |
| 4.4 |
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. |
| 4.5 |
2021 GENERAL PLAN ANNUAL PROGRESS REPORT
ACTION: Recommend City Council review and direct staff to submit the 2021 General Plan Annual Progress Report to the Governor's Office of Planning and Research; filed by the City of Irvine Community Development Department. |
| 4.6 |
ACCEPTANCE OF GRANT TO SUPPORT THE IRVINE ANIMAL CARE CENTER PROGRAMS
ACTION: 1) Accept a $5,000 grant from the University of California, Davis, Koret Shelter Medicine Program to support the Irvine Animal Care Center (IACC) Third Chance for Pets program.
2) Authorize the City Manager, or his/her designee, to execute documents as required by University of California, Davis, Koret Shelter Medicine Program and accept future grant funding associated with the Animal Shelter Assistance Program to benefit IACC.
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| 4.7 |
AMENDMENT TO THE 2022 CITY COUNCIL MEETING CALENDAR
ACTION: Approve the amended 2022 City Council Meeting Calendar. |
| 4.8 |
SINGLE AUDIT OF FEDERALLY ASSISTED GRANT PROGRAMS FOR THE FISCAL YEAR ENDED JUNE 30, 2021
ACTION: Receive and file. |
| 4.9 |
DEFINED BENEFIT AND DEFINED CONTRIBUTION PENSION PLAN AUDITS FOR THE YEAR ENDED DECEMBER 31, 2021
ACTION: Receive and file the Defined Benefit and the Defined Contribution Pension Plan audits for the year ended December 31, 2021. |
| 4.10 |
ACCEPTANCE OF CALIFORNIA HIGHWAY PATROL (CHP) CANNABIS TAX FUND LAW ENFORCEMENT GRANT FISCAL YEAR (FY) 2022-23
ACTION: 1) Accept the CHP Cannabis Tax Fund Law Enforcement Grant FY 2022-23 award in the amount of $190,755.
2) Authorize the Chief of Police to approve and execute, and the City Clerk to attest to a grant agreement with the CHP Cannabis Tax Fund Law Enforcement Grant FY 2022-23 between CHP and the City of Irvine.
3) Approve a budget adjustment request in the amount of $190,755, reflecting an increase in revenues and appropriations.
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| 4.11 |
SECOND READING AND ADOPTION OF ORDINANCE NO. 22-12 APPROVING TECHNICAL UPDATES TO THE MUNICIPAL CODE AND ZONING ORDINANCE
ACTION: Read by title only, second reading and adoption of ORDINANCE NO. 22-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING A ZONE CHANGE (00869397-PZC) TO AMEND THE MUNICIPAL CODE AND ZONING ORDINANCE BY PROVIDING NEW AND REVISED MUNICIPAL CODE AND ZONING PROVISIONS RELATED TO MUNICIPAL CODE CHAPTER 2, GENERAL PENALTY AND CHAPTER 3, ADMINISTRATIVE FINES, AND ZONING ORDINANCE CHAPTER 3-25, SHORT TERM RENTALS; CHAPTER 1-2, GENERAL DEFINITIONS; CHAPTER 2-15, LARGE FAMILY DAY CARE PERMIT; CHAPTER 3-3, LAND USE MATRIX; CHAPTER 3-35, WALL AND FENCE STANDARDS; CHAPTER 3-37, ZONING DISTRICT LAND USE REGULATIONS AND DEVELOPMENT STANDARDS; CHAPTER 7-3, SIGN REGULATIONS; AND CHAPTER 2-22, PARK PROCEDURES
(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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| 4.12 |
COMMUNITY PARTNERSHIP FUND GRANT NOMINATIONS
ACTION: 1) Approve Vice Mayor Kuo's request for Community Partnership Fund Grant Nominations to the following organizations in support of program costs:
a) Asian Youth Liberty League ($1,000)
b) Crimes Survivors, Inc. ($1,000)
2) Authorize the City Manager to prepare and sign a funding agreement for individual awards of a $1,000 or more.
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CONSENT CALENDAR - SUCCESSOR AGENCY
All matters listed under Consent Calendar are considered by the Executive Director to be routine and will be enacted by one roll call vote. There will be no discussion of these items unless members of the Successor Agency request specific items to be removed from the Consent Calendar for separate discussion.
| 5.1 |
WARRANT AND WIRE TRANSFER RESOLUTION - CITY COUNCIL AS SUCCESSOR AGENCY TO THE DISSOLVED IRVINE REDEVELOPMENT AGENCY
ACTION: Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AS SUCCESSOR AGENCY TO THE DISSOLVED IRVINE REDEVELOPMENT AGENCY ALLOWING CERTAIN CLAIMS AND DEMANDS OF THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE DISSOLVED IRVINE REDEVELOPMENT AGENCY AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID |
ADJOURNMENT - REGULAR JOINT MEETING
RECONVENE TO THE CITY COUNCIL MEETING
COUNCIL BUSINESS
| 6.1 |
DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR LEAGUE OF CALIFORNIA CITIES 2022 ANNUAL CONFERENCE
ACTION: Appoint a member of the City Council to serve as the voting delegate, and up to two alternates, for the Annual Business Meeting at the League of California Cities 2022 Annual Conference |
| 6.2 |
CONSIDERATION OF A REQUEST BY COUNCILMEMBER AGRAN REGARDING A STATUS UPDATE ON THE JAMBOREE-MICHELSON PEDESTRIAN BRIDGE (CIP 321601)
ACTION: City Council discussion and direction. |
ADJOURNMENT-CITY COUNCIL
NOTICE TO THE PUBLIC
LIVE BROADCASTING AND REBROADCASTING
Regular City Council and Successor Agency 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 and/or Successor Agency meeting), Sundays at 11 a.m., Wednesdays at 7 p.m., and Thursdays at 10 a.m. until the next City Council/Successor Agency 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/Successor Agency 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/Successor Agency 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 7 days prior to a regular City Council/Successor Agency meeting). Staff reports can also be downloaded from the City's website at cityofirvine.org at least 7 days prior to the scheduled City Council/Successor Agency 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/Successor Agency 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 emailed 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 (e.g. Adobe) are not acceptable. Videos must be submitted as .mp4 or .mov files. Multi-media presentations shall not be dividied among multiple multi-media presenters. Unless otherwise directed by the Mayor/Chair or a majority vote of the City Council/Successor Agency Board, 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/Successor Agency 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.cityofirvine.org
I hereby certify that the agenda for the City Council/Successor Agency meeting was posted in accordance with law in the posting book located in the Public Safety Lobby and at the entrance of City Hall, One Civic Center Plaza, Irvine, California on _____________________ by ___________ as well as on the City's web page.
_________________________
Carl Petersen, MPA, CMC
City Clerk/Successor Agency Secretary