Farrah N. Khan
Mayor

Tammy Kim
Vice Mayor

Larry Agran
Councilmember

Mike Carroll
Councilmember

Kathleen Treseder, PhD
Councilmember








AGENDA

CITY COUNCIL SPECIAL MEETING

April 11, 2023
1:00 PM

City Council Chamber
1 Civic Center Plaza
Irvine, CA 92606

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, 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.

CALL TO ORDER

ROLL CALL

CLOSED SESSION

1.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1): City of Irvine vs. All American Asphalt (AAA), Orange County Superior Court Case No. 30-2020-01153015-CU-MC-CJC (All American Asphalt Litigation)

RECONVENE TO THE CITY COUNCIL MEETING

COUNCIL BUSINESS

Public comments on Council Business items will be heard at the time the matters are considered. If 10 or fewer requests to speak are submitted, each speaker shall be limited to three (3) minutes per item. If between 11 and 15 speakers submit requests to speak, each speaker shall be limited to two (2) minutes per item. If 16 or more requests to speak are submitted, 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.

2.1 CREATION OF THE GATEWAY PRESERVE, ACQUISITION OF THE ALL AMERICAN ASPHALT PLANT, AND APPROVAL OF ASSOCIATED TRANSACTIONAL DOCUMENTS

ACTION:

1) Approve and authorize the City Manager to execute a "Purchase and Sale Agreement and Joint Escrow Instructions" with Dix Leasing for the Acquisition of the All American Asphalt Property located at 10671 Jeffrey Road, Irvine, CA, find the Agreement exempt from further environmental review and direct staff to file a Notice of Exemption.

2) Approve the financing plan to support the acquisition of the All American Asphalt Property located at 10671 Jeffrey Road, Irvine, CA.

3) Approve and authorize the City Manager to execute the "Agreement Regarding Satisfaction and Discharge of Community Park Obligations, Extinguishment of Affordable Housing Credits, Dedications of Land, and Related Matters," with The Irvine Company LLC and the Irvine Community Development Company LLC, adopt findings that the environmental impacts of this Agreement, including the exhibits hereto, and implementation thereof, have been analyzed pursuant to previously certified Environmental Impact Reports (EIRs) in accordance with California Environmental Quality Act (CEQA) and direct staff to file a Notice of Determination.

4) Approve a budget appropriation in the amount of $500,000 from the General Fund for site studies and due diligence work related to the above property transactions.

2.1

2.1 Errata

2.1 PowerPoint

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 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 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 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 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 (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 Regular City Council meeting was posted in accordance with law in the posting book located in the Public Safety Lobby and at the entrance of City Hall, 1 Civic Center Plaza, Irvine, California on ________________ by __________ as well as on the City's web page.

_________________________
Carl Petersen, MPA, CMC
City Clerk