Farrah N. Khan
Mayor
Larry Agran
Vice Mayor
Mike Carroll
Councilmember
Tammy Kim
Councilmember
Kathleen Treseder, PhD
Councilmember
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AGENDA
CITY COUNCIL REGULAR MEETING
October 8, 2024
4:00
PM
City Council Chamber
1 Civic Center Plaza
Irvine, CA 92606
PARTICIPATION VIA ZOOM
MEETING ID: 848-4853-1263
PASSCODE: 272906
WEBSITE: zoom.us/join
TELEPHONE: 669-900-6833
or 346-248-7799
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To participate virtually, visit zoom.us/join using any web browser, or the Zoom app on smartphones or tablets, and enter the Meeting ID and Passcode noted above. To participate by telephone, dial one of the two numbers listed above and enter the same Meeting ID and Passcode. For technical assistance before or during the meeting, call 949-724-6078.
CALL TO ORDER
ROLL CALL
CLOSED SESSION
| 1.1 |
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) - Property: APNs 43007204, 43008201, 43008206; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Assistant City Manager; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Bo Prock, Director of Acquisitions, Pacific Industrial; 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 October 20-26, 2024, as “Red Ribbon Week”
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PUBLIC COMMENTS - 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 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.
Any member of the public may address the City Council on items on the Consent Calendar. Public comments on Consent Calendar items will be heard at the time the Consent Calendar is considered, but no sooner than 5 p.m. If 10 or fewer requests to speak on Consent Calendar items 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.
| 3.1 |
MINUTES
ACTION:
Approve the minutes of a regular meeting of the City Council held on September 10, 2024. |
| 3.2 |
PROCLAMATIONS
ACTION:
1) Proclaim October 2024, as "Filipino American History Month."
2) Proclaim October 2024, as "Down Syndrome Awareness Month."
3) Proclaim October 2024, as "Breast Cancer Awareness Month."
4) Proclaim October 2024, as "Hindu American Awareness and Appreciation Month."
5) Proclaim October 2024, as "National Disability Employment Awareness Month."
6) Proclaim October 2024, as "Community Planning Month."
7) Proclaim October 9, 2024, as "Hangul Day."
8) Proclaim October 20-26, 2024, as "Red Ribbon 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 |
CONTRACT AWARD FOR ENTERPRISE RESOURCE PLANNING (ERP) SOFTWARE IMPLEMENTATION
ACTION:
1) Approve and authorize the Mayor to execute an agreement with Cognizant Worldwide Limited, LLC., for Enterprise Resource Planning software implementation and post go-live support for a three-year period not to exceed $5,110,000.
2) Approve a budget adjustment for FY 2024-25 of $1,679,500 in the Strategic Technology Plan Fund for the implementation, contingency, and staff augmentation.
3) Delegate authority to the City Manager to approve and effectuate any necessary amendments and change orders. |
| 3.5 |
BUDGET ADJUSTMENT TO ESTABLISH THE MEADOWS RESIDENT ASSISTANCE PROGRAM
ACTION:
Approve a budget adjustment in an amount not to exceed $500,000 from the City's Asset Management Plan for the Meadows Resident Assistance Program. |
| 3.6 |
MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM GRANT APPLICATIONS
ACTION:
Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING THE SUBMITTAL OF GRANT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS |
| 3.7 |
COOPERATIVE AGREEMENT WITH CITY OF TUSTIN FOR JAMBOREE ROAD AND IRVINE BOULEVARD INTERSECTION IMPROVEMENT PROJECT
ACTION:
1) Approve Cooperative Agreement for Jamboree/Irvine Intersection Improvement Project between the cities of Irvine and Tustin.
2) Authorize the Director of Public Works & Sustainability to sign and execute the subject agreement. |
| 3.8 |
NOTICE OF PENDING APPROVAL FOR TRACT MAPS IN GREAT PARK NEIGHBORHOODS
ACTION:
Receive and file. |
| 3.9 |
AWARD OF ON-CALL CONCRETE IMPROVEMENTS CONSTRUCTION CONTRACT (CITYWIDE)
ACTION:
Award an on-call construction contract in the amount of $8,100,137.75 for Concrete Improvements (citywide), to the lowest responsive and responsible bidder, Pub Construction Inc. |
| 3.10 |
BUDGET ADJUSTMENT AND AWARD OF CONSTRUCTION CONTRACT FOR THE HARVARD AVENUE AND MICHELSON DRIVE INTERSECTION IMPROVEMENTS PROJECT
ACTION:
1) Approve a budget adjustment appropriating $600,000 in Irvine Business Complex (IBC) Fees and $306,311 in M2-ICE Program Construction funds to Harvard Avenue and Michelson Drive Intersection Improvements, CIP 311906.
2) Award a construction contract in the amount of $3,647,251.50 for the Harvard Avenue and Michelson Drive Intersection Improvements project, CIP 311906, to the lowest responsive and responsible bidder, Sully-Miller Contracting. |
| 3.11 |
AWARD OF CONSTRUCTION CONTRACT FOR ANNUAL BRIDGE MAINTENANCE PROJECT
ACTION:
Award a construction contract in the amount of $600,000 for the Annual Bridge Maintenance project, CIP 322201 and 322501, to the lowest responsive and responsible bidder, American Civil Constructors West Coast LLC. |
| 3.12 |
PORTOLA SPRINGS COMMUNITY PARK INDIGENOUS INTERPRETIVE SPACE PROJECT
ACTION:
Approve a budget appropriation in the amount of $500,000 to establish a capital improvement project for the Indigenous interpretive space at Portola Springs Community Park's Native American garden. |
| 3.13 |
SECOND READING AND ADOPTION OF ORDINANCE NO. 24-16 MODIFYING THE CITY LOBBYING ORDINANCE
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 24-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AMENDING TITLE 1, DIVISION 7, AND TITLE 1, DIVISION 6, OF THE CITY OF IRVINE MUNICIPAL CODE RELATING TO LOBBYING
(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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PUBLIC HEARINGS
Public Hearings are scheduled for a time certain of 5 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. If 10 or fewer requests to provide public comments are submitted, each speaker shall be limited to three (3) minutes. If between 11 and 15 speakers submit requests to speak, each speaker shall be limited to two (2) minutes. If 16 or more requests to speak are submitted, 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.
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 |
PUBLIC HEARING TO RECEIVE COMMUNITY INPUT FOR 2025-2029 CONSOLIDATED PLAN AND 2025-2026 ACTION PLAN
ACTION:
1) Conduct the public hearing.
2) Receive comments from members of the public concerning housing and community development needs, program performance, and strategies for affirmatively furthering fair housing. |
| 4.2 |
OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION OF INCONSISTENCY REGARDING THE 2045 GENERAL PLAN UPDATE
ACTION:
1) Conduct the public hearing.
2) Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, FINDING THE 2045 GENERAL PLAN (FILE NO. 00921398-PGA) AND ASSOCIATED ZONE CHANGE (FILE NOS. 00938046-PZC AND 00928638-PZC) CONSISTENT WITH PURPOSES OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS ACT AND OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE 2045 GENERAL PLAN UPDATE AND ASSOCIATED ZONE CHANGE ARE INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN
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| 4.3 |
ZONE CHANGE TO ADD FOCUS AREA 1 TO THE RESIDENTIAL AND RESIDENTIAL MIXED USE OVERLAY DISTRICT IN SUPPORT OF THE 2045 GENERAL PLAN UPDATE
ACTION:
1) Conduct the public hearing.
2) Introduce for the first reading and read by title only - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING ZONE CHANGE 00938046-PZC TO AMEND CHAPTER 5-9 OF THE IRVINE ZONING ORDINANCE TO EXPAND THE RESIDENTIAL AND RESIDENTIAL MIXED USE OVERLAY DISTRICT TO INCLUDE FOCUS AREA 1 IN SUPPORT OF THE COMPREHENSIVE 2045 GENERAL PLAN UPDATE |
ADJOURNMENT
NOTICE TO THE PUBLIC
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.”
REQUESTS 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 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 greatly 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.
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 or a Commission meeting), Sundays at 11 a.m., Wednesdays at 7 p.m., and Thursdays at 10 a.m. (unless a live Commission meeting is being televised) 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/ictv 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
• Irvine Police Department
• Main Entrance of City Hall
• Lakeview Senior Center, 20 Lake Rd
• Northwood Community Center, 4521 Bryan Ave
• Rancho Senior Center, 3 Ethel Coplen Way
• William Woollett Jr. Aquatics Center, 4601 Walnut Ave
• City's web page at cityofirvine.org
I hereby certify that the agenda for the Regular City Council meeting was posted in accordance with law at the main 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
