Christina Shea
Mayor/Chairwoman
Mike Carroll
Vice Mayor/Vice Chairman
Melissa Fox
Councilmember/Boardmember
Farrah N. Khan
Councilmember/Boardmember
Anthony Kuo
Councilmember/Boardmember
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SUPPLEMENTAL AGENDA*
CITY COUNCIL SPECIAL MEETING AND SPECIAL JOINT MEETING WITH THE CITY OF IRVINE AS SUCCESSOR AGENCY TO THE DISSOLVED IRVINE REDEVELOPMENT AGENCY
November 24, 2020
2:30
PM
City Council Chamber
One Civic Center Plaza
Irvine, CA 92606
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IMPORTANT PUBLIC HEALTH AND SAFETY MESSAGE REGARDING
PARTICIPATION AT CITY COUNCIL MEETINGS
AS A RESULT OF THE COVID-19 VIRUS, AND RESULTING ORDERS AND DIRECTION FROM THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA, AND THE ORANGE COUNTY HEALTH CARE AGENCY, AS WELL AS THE CITY OF IRVINE EMERGENCY DECLARATION, THE PUBLIC WILL NOT BE PERMITTED TO PHYSICALLY ATTEND THE IRVINE CITY COUNCIL MEETING TO WHICH THIS AGENDA APPLIES.
YOU MAY SUBMIT COMMENTS ON ANY AGENDA ITEM OR ON ANY ITEM NOT ON THE AGENDA, IN WRITING VIA MAIL TO “ATTN: CITY COUNCIL,” ONE CIVIC CENTER PLAZA, IRVINE, CA 92606; BY EMAIL TO CLERK@CITYOFIRVINE.ORG; OR THROUGH E-COMMENT AT CITYOFIRVINE.ORG/ICTV. YOU MAY WATCH THE MEETING LIVE ON ICTV, COX COMMUNICATIONS LOCAL ACCESS CHANNEL 30, AND AT&T U-VERSE CHANNEL 99, AND LIVESTREAMED ONLINE AT CITYOFIRVINE.ORG/ICTV.
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. IT WOULD BE APPRECIATED IF 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. IF THAT IS NOT POSSIBLE, EVERY EFFORT WILL BE MADE TO ATTEMPT TO REVIEW E-COMMENTS DURING THE COURSE OF THE MEETING. TOWARDS THIS END, THE MAYOR WILL ENDEAVOR TO TAKE A BRIEF PAUSE BEFORE ACTION IS TAKEN ON ANY AGENDA ITEM TO ALLOW THE CITY CLERK TO REVIEW E-COMMENTS, AND SHARE ANY E-COMMENTS RECEIVED DURING THE MEETING.
* NOTE: ITEMS WITH AN ASTERISK (*) INCLUDE THE FOLLOWING CHANGES TO THE MEETING AGENDA ORIGINALLY PUBLISHED ON NOVEMBER 12, 2020:
ITEM 1.5 – ADDED
ITEM 3.3 – AMENDED
ITEM 3.14 – AMENDED
ITEM 3.16 – ADDED
ITEM 3.17 – ADDED
ITEM 6.4 – AMENDED
ITEM 6.5 – ADDED
CALL TO ORDER
ROLL CALL
CLOSED SESSION
| 1.1 |
THREAT TO PUBLIC SERVICES OR FACILITIES (Gov. Code Section 54957): Consultation with Chief of Police and City Attorney (COVID-19)
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| 1.2 |
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation (Gov. Code Section 54956.9): Three Cases
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| 1.3 |
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1) - County of Orange v. City of Irvine, Sacramento Superior Court Case No. 34-2018- 00232248, consolidated and/or related with Case No. 34-2018- 80002879, Case No. 34-2018-80002878, Case No. 34-2018-80002883, Case No. 34-2019-80003156, Case. No. 34-2019-80003154, and Case No. 34-2019-80003157
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| 1.4 |
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1): one case - City of Irvine vs. All American Asphalt, Orange County Superior Court Case No. 30-2020-01153015-CU-MC-CJC
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| 1.5 |
* CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1): one case - Lamar West v. Christina Shea, United States District Court, Central District of California Case No. 20-01293-CJC
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RECONVENE TO THE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE - IRVINE POLICE COLOR GUARD
INVOCATION
PRESENTATIONS
| 2.1 |
Recognition of Outgoing Mayor Christina Shea and Councilmember Melissa Fox
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INTERIM 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.
CONVENE TO THE SPECIAL JOINT MEETING
CONSENT CALENDAR - CITY COUNCIL
| 3.1 |
MINUTES
ACTION:
1) Approve the minutes of a special meeting of the Irvine City Council held on October 27, 2020.
2) Approve the minutes of a regular meeting of the Irvine City Council held on October 27, 2020. |
| 3.2 |
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 |
| 3.3 |
* COMMENDATIONS/PROCLAMATIONS
ACTION:
1) In recognition of the Republic of Artsakh in the pursuit of independence and freedom.
2) Proclaim November 2020 as "Sikh Awareness and Appreciation Month." |
| 3.4 |
2021 CITY COUNCIL MEETING CALENDAR
ACTION:
Approve the proposed 2021 City Council Meeting Calendar. |
| 3.5 |
ANNUAL DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR 2019-20
ACTION:
Receive and file. |
| 3.6 |
FISCAL YEAR 2019-20 MEASURE M2 EXPENDITURE REPORT
ACTION:
Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, CONCERNING THE FISCAL YEAR 2019-20 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF IRVINE |
| 3.7 |
AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND AUDIT FOR THE FISCAL YEAR ENDED JUNE 30, 2020
ACTION:
Receive and file. |
| 3.8 |
ORANGE COUNTY GREAT PARK FUNDS FINANCIAL STATEMENT AUDIT - FISCAL YEAR 2019-20
ACTION:
Receive and file.
(Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when he or she sat and voted as a member of the Board of Directors of the Orange County Great Park Corporation. However, if a Councilmember is not present at the City Council meeting, his or her vote will be reflected as absent.) |
| 3.9 |
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2020 AND AUDITORS’ COMMUNICATION
ACTION:
Receive and file. |
| 3.10 |
FISCAL YEAR 2020-21 FIRST QUARTER BUDGET UPDATE
ACTION:
Receive and file the Fiscal Year 2020-21 First Quarter Budget Update. |
| 3.11 |
CITY OF IRVINE RESPONSE TO GRAND JURY REPORT ENTITLED "PROTECTING THOSE WHO PROTECT AND SERVE"
ACTION:
Authorize the Mayor to sign a response letter, on behalf of the City Council, to the Orange County Grand Jury Report on "Protecting Those Who Protect and Serve" for submittal to the Presiding Judge of the Superior Court of Orange County by the statutory deadline of November 25, 2020. |
| 3.12 |
CITY OF IRVINE RESPONSE TO GRAND JURY REPORT ENTITLED "OC RECYCLING: DOING IT THE RIGHT WAY"
ACTION:
Authorize the Mayor to sign a response letter, on behalf of the City Council, to the Orange County Grand Jury Report on "OC Recycling: Doing it the Right Way" for submittal to the Presiding Judge of the Superior Court of Orange County by the statutory deadline of November 25, 2020. |
| 3.13 |
SECOND READING OF ORDINANCE NO. 20-08 AMENDING CHAPTERS 3-37 AND 9-12 OF THE IRVINE ZONING ORDINANCE RELATED TO THE REDISTRIBUTION OF NON-RESIDENTIAL DEVELOPMENT INTENSITY RESULTING IN THE OVERALL REDUCTION OF INTENSITY WITHIN PLANNING AREA 12 (OAK CREEK)
ACTION:
Read by title only, second reading and adoption of ORDINANCE NO. 20-08 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING ZONE CHANGE 00800352-PZC TO AMEND CHAPTERS 3-37 AND 9-12 OF THE IRVINE ZONING ORDINANCE FOR THE OVERALL REDUCTION OF NON-RESIDENTIAL DEVELOPMENT INTENSITY, A CHANGE TO THE ZONING DESIGNATION MAP, AND A MODIFICATION TO THE CURRENT TRIP MONITORING PROGRAM FOR PLANNING AREA 12; 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.) |
| 3.14 |
* COMMUNITY PARTNERSHIP FUND GRANT NOMINATION
ACTION:
1) Approve Mayor Shea and Councilmember Kuo's request for Community Partnership Fund Grant Nomination to Irvine Adult Day Health Services in the amount of $500 in support of program costs.
2) Approve Councilmember Fox's request for Community Partnership Fund Grant Nominations to the following organizations in support of program costs:
a) Second Harvest Food Bank ($500)
b) Irvine Adult Day Health Services ($500)
c) Irvine Korean Evergreen Association ($250)
d) Jamboree Housing (Rental Assistance Fund) ($500)
e) Arts Orange County ($500)
f) Ektaa Center ($250)
g) Orange County Food Bank ($500)
h) Sea & Sage Audobon Society ($250)
i) Irvine Barclay Theatre ($250)
j) Irvine Chinese Evergreen Association ($250)
k) Association of Iranian American Seniors (NEDA) ($250)
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| 3.15 |
APPROVE A BUDGET ADJUSTMENT TO THE CITY COUNCIL BUDGET
ACTION:
Approve budget transfer from the Council Executive Aide account to the Postage and Mail Services accounts. |
| 3.16 |
* LETTER REGARDING USE OF CAPITAL FUNDS FOR IRVINE BARCLAY THEATRE OPERATIONS DUE TO COVID-19
ACTION:
Approve letter to the Irvine Barclay Theatre and UCI outlining the City's obligations and concurrence to re-classify the use of Capital Funds provided by University of California, Irvine, for Irvine Barclay Theatre operations due to the COVID-19 pandemic. |
| 3.17 |
* REQUEST TO CONVENE A CLOSED SESSION OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL COUNCIL REGARDING RECOMMENDATIONS OF REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) LITIGATION STUDY TEAM
ACTION:
Authorize the Mayor and Vice Mayor to sign the letter of support requesting the SCAG Regional Council convene a special closed session to discuss the recommendations of the SCAG RHNA Litigation Study Team. |
CONSENT CALENDAR - SUCCESSOR AGENCY
| 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 September 22, 2020. |
| 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 |
| 4.3 |
ADOPTION OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE OF THE FORMER IRVINE REDEVELOPMENT AGENCY AND THE ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY TO THE DISSOLVED IRVINE REDEVELOPMENT AGENCY, FOR JULY 1, 2021 THROUGH JUNE 30, 2022
ACTION:
1) Adopt the Recognized Obligation Payment Schedule of the former Irvine Redevelopment Agency for July 1, 2021 through June 30, 2022, and authorize revisions to the reporting format, if needed, to comply with potential form changes by the State of California Department of Finance.
2) Adopt the Administrative Budget for the Successor Agency for July 1, 2021 through June 30, 2022. |
PUBLIC COMMENT - SUCCESSOR AGENCY
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 during Public Comments; however, no action may be taken on matters that are not part of the posted agenda.
ADJOURNMENT - SPECIAL JOINT MEETING
RECONVENE TO THE CITY COUNCIL MEETING
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. Notice: 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 |
APPEAL OF THE PLANNING COMMISSION’S DECISION TO UPHOLD THE APPROVAL BY THE DIRECTOR OF COMMUNITY DEVELOPMENT RELATED TO A SIDE-YARD SETBACK FOR A PROPOSED RESIDENTIAL SECOND STORY REMODEL AND ADDITION AT 20 MANDARIN IN PLANNING AREA 15 (WOODBRIDGE)
ACTION:
1) Conduct the public hearing.
2) Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, DENYING AN APPEAL BY KELLY HAGEMANN AT 18 MANDARIN AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO UPHOLD THE DIRECTOR OF COMMUNITY DEVELOPMENT'S APPROVAL ALLOWING A REDUCED SIDE-YARD SETBACK FOR A PROPOSED RESIDENTIAL SECOND STORY ADDITION LOCATED AT 20 MANDARIN IN PLANNING AREA 15 (WOODBRIDGE) |
COUNCIL BUSINESS
| 6.1 |
COVID-19 SITUATIONAL UPDATE AND DIRECTION TO DIRECTOR OF EMERGENCY SERVICES ON RELEVANT ACTION ITEMS
ACTION:
1) Receive updates from staff on relevant COVID-19 related developments.
2) Provide direction to the Director of Emergency Services on relevant action items related to COVID-19. |
| 6.2 |
DISCUSSION OF PUBLIC PARTICIPATION IN IRVINE CITY COUNCIL AND COMMISSION MEETINGS DURING THE COVID-19 PANDEMIC
ACTION:
Discuss, review, and direct staff to facilitate public participation by considering submitted alternatives in an effort to enhance public participation during social distancing at City Council and Commission meetings. |
| 6.3 |
WESTPARK COMMUNITY PARKING REGULATIONS
ACTION:
Adopt - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, TO ESTABLISH A PILOT PREFERENTIAL PARKING DISTRICT PROGRAM IN THE WESTPARK AND WESTPARK II NEIGHBORHOODS (PLANNING AREA 14 AND 38) |
| 6.4 |
* SECOND READING OF ORDINANCE NO. 20-09 AUTHORIZING IMPLEMENTATION OF COMMUNITY CHOICE AGGREGATION PROGRAM
ACTION:
1) Read by title only, second reading and adoption of ORDINANCE NO. 20-09 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM
2) Appoint two individuals to serve on the board of the Orange County Power Authority. |
| 6.5 |
* CONSIDERATION OF A REQUEST BY MAYOR-ELECT KHAN AND COUNCILMEMBER KUO REGARDING REVISIONS TO THE CITY COUNCIL POLICY/PROCEDURE CONCERNING CITY COUNCIL INITIATED AGENDA ITEMS
ACTION:
City Council discussion and direction. |
PUBLIC COMMENT - CITY COUNCIL - Public comments will be heard at approximately 6:30 p.m. or prior to adjournment, whichever occurs earlier.
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 during Public Comments; however, no action may be taken on matters that are not part of the posted agenda.
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 12 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 12 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
Written Materials/Handouts:
Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting. This information will be disseminated to the City Council/Successor Agency Board.
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.ci.irvine.ca.us
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.
_________________________
Molly M. Perry, MPA, CMC
City Clerk/Successor Agency Secretary
