Farrah N. Khan
Mayor/Chairwoman
Tammy Kim
Vice Mayor/Vice Chairwoman
Larry Agran
Councilmember/Boardmember
Mike Carroll
Councilmember/Boardmember
Kathleen Treseder, PhD
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
November 14, 2023
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 MAYOR/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 COUNCIL/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
CLOSED SESSION
| 1.1 |
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)): One Case
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| 1.2 |
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation (Government Code section 54956.9(d)(4)): One case
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RECONVENE TO THE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
| 2.1 |
Proclaim November 5 - 11, 2023, as "Animal Shelter Appreciation Week"
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| 2.2 |
Irvine Unified School District
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| 2.3 |
Townsend Public Affairs State Legislative Advocacy Update
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| 2.4 |
All American Asphalt and Gateway Preserve Update
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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 - 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 Successor Agency on items within the Successor Agency'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 Successor Agency 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.
| 3.1 |
MINUTES
ACTION:
Approve the minutes of a regular meeting of the City Council and regular joint meeting with the City of Irvine as Successor Agency to the dissolved Irvine Redevelopment Agency held on October 10, 2023. |
| 3.2 |
PROCLAMATIONS
ACTION:
1) Proclaim November 2023, as "American Indian and Alaska Native Heritage Month."
2) Proclaim November 2023, as "National Alzheimer's Disease Awareness Month.
3) Proclaim November 2023, as "Family Court Awareness Month."
4) Proclaim November 2023, as "Sikh Awareness and Appreciation Month."
5) Proclaim November 5-11, 2023, as "Animal Shelter Appreciation Week."
6) Proclaim November 25, 2023, as "Small Business Saturday." |
| 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 |
CONSIDERATION OF A COMPREHENSIVE UPDATE OF BYLAWS FOR CITY COMMISSIONS AND COMMITTEES
ACTION:
1) Review and approve templates for comprehensive bylaws updates for all City commissions and committees.
2) Direct staff to prepare and present to the City Council bylaws amendments for all commissions and committees that substantially conform with the Council-approved templates. |
| 3.5 |
CONSIDERATION OF PARTICIPATION IN A UNITED NATIONS’ CAMPAIGN RELATING TO ACTIVISM AGAINST GENDER-BASED VIOLENCE
ACTION:
Direct staff to utilize the social media toolkit provided by UN Women to increase awareness of the 16 Days of Activism Against Gender-Based Violence. |
| 3.6 |
FISCAL YEAR 2023-24 BUDGET ADJUSTMENT TO ALLOCATE IRVINE RECOVERY PLAN FUNDS FOR PUBLIC ARTS MASTER PLAN
ACTION:
Approve a Fiscal Year 2023-24 budget adjustment to allocate $210,000 of Irvine Recovery Plan Funds to develop a Public Arts Master Plan and to execute a sole source agreement with Arts Orange County, an independent non-profit arts council for Orange County, California. |
| 3.7 |
NOTICE OF REVIEW AND PENDING APPROVAL FOR TRACT MAPS IN IRVINE BUSINESS COMPLEX AND GREAT PARK NEIGHORHOODS
ACTION:
Receive and file. |
| 3.8 |
ACCEPTANCE OF THE BOARD OF STATE AND COMMUNITY CORRECTIONS ORGANIZED RETAIL THEFT PREVENTION GRANT
ACTION:
1) Accept a Board of State and Community Corrections (BSCC) Organized Retail Theft (ORT) Grant award in the amount of $5,403,369.
2) Authorize the Chief of Police to approve and execute, and the City Clerk to attest to a grant agreement including any amendments thereof, associated with the ORT Prevention Grant Program between the BSCC and the City of Irvine.
3) Approve a budget adjustment appropriating $5,403,369, reflecting an increase in revenues and appropriations. |
| 3.9 |
ACCEPTANCE OF STATE FUNDING PROVIDED BY ASSEMBLYMEMBER PETRIE-NORRIS AND SENATOR MIN TO FUND THE REAL-TIME CRIME CENTER AND PURCHASE PUBLIC SAFETY EQUIPMENT
ACTION:
1) Accept state funding in the amount of $2,990,000.
2) Approve a budget adjustment appropriating $2,990,000, reflecting an increase in revenues and appropriations. |
| 3.10 |
COMMUNITY PARTNERSHIP FUND GRANT NOMINATIONS
ACTION:
1) Approve Councilmember Carroll's request for Community Partnership Fund Grant Nomination for Love Irvine in the amount of $1,500 in support of program costs.
2) Authorize the City Manager to prepare and sign a funding agreement for the organization listed above. |
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.
| 4.1 |
MINUTES
ACTION:
Approve the minutes of a regular joint meeting of the City of Irvine as Successor Agency to the dissolved Irvine Redevelopment Agency with the Irvine City Council held on October 10, 2023. |
| 4.2 |
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
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.
| 5.1 |
DEVELOPMENT AGREEMENT STATUS REPORT
ACTION:
1) Conduct the public hearing.
2) Find all active City Development Agreements in compliance with their respective terms and conditions. |
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.
| 6.1 |
ESTABLISHMENT OF THE PUBLIC ARTS COMMITTEE AND BYLAWS
ACTION:
1) Introduce for first reading and read by title only - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, ADDING DIVISION 7 TO TITLE 3 OF THE IRVINE MUNICIPAL CODE ESTABLISHING A PUBLIC ARTS COMMITTEE
2) Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, ADOPTING THE BYLAWS OF THE PUBLIC ARTS COMMITTEE OF THE CITY OF IRVINE |
| 6.2 |
AWARD OF CONSTRUCTION CONTRACT FOR JEFFREY OPEN SPACE TRAIL (JOST) / I-5 BICYCLE AND PEDESTRIAN BRIDGE PROJECT (CIP 341502)
ACTION:
1) Award a construction contract in the amount of $23,144,703 for the JOST/I-5 Bicycle and Pedestrian Bridge Project, CIP 341502, to the lowest responsive and responsible bidder, Guy F. Atkinson Construction, LLC.
2) Approve the budget adjustment appropriating $3,700,000 Irvine Recovery Fund (Fund 014), to the JOST/I-5 Bicycle and Pedestrian Bridge Project, CIP 341502.
3) Approve and authorize the Mayor to execute a sole source professional services contract with T. Y. Lin International in the amount not-to-exceed $2,499,989.17 for construction engineering services during construction, for the JOST/I-5 Bicycle and Pedestrian Bridge Project, CIP 341502. |
| 6.3 |
CIVIC CENTER SOLAR PHOTOVOLTAIC AND ENERGY STORAGE
ACTION:
Direct the City Manager to prepare and execute a Power Purchase Agreement with TotalEnergies for a solar photovoltaic and battery energy storage system microgrid at Irvine Civic Center. |
| 6.4 |
CONSIDERATION OF A REQUEST BY VICE MAYOR KIM TO DIRECT STAFF TO STUDY THE IMPLEMENTATION OF A BICYCLE / PEDESTRIAN OVERCROSSING AT THE INTERSECTION OF JAMBOREE AND EL CAMINO REAL
ACTION:
City Council discussion and direction. |
| 6.5 |
CONSIDERATION OF A REQUEST BY COUNCILMEMBER CARROLL TO DISCUSS NON-RENEWAL OF CELL PHONE TOWER LEASES ON CITY-OWNED PROPERTY
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 / Successor Agency meeting), Sundays at 11 a.m., Wednesdays at 7 p.m., and Thursdays at 7 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/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, 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 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 / Successor Agency 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 12:00 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 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 cityofirvine.org
I hereby certify that the agenda for the Regular City Council meeting and Regular Joint Meeting with the City of Irvine as Successor Agency to the dissolved Irvine Redevelopment Agency was posted 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
Secretary Successor Agency
