Christina Shea
Mayor

Mike Carroll
Vice Mayor

Melissa Fox
Councilmember

Farrah N. Khan
Councilmember

Anthony Kuo
Councilmember








SUPPLEMENTAL AGENDA*

CITY COUNCIL REGULAR MEETING
May 12, 2020
4:00 PM

City Council Chamber
One Civic Center Plaza
Irvine, CA 92606



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 APRIL 30, 2020:

ITEM 1.1 – MOVED TO 3 PM SPECIAL MEETING
ITEM 2.1 – AMENDED
ITEM 2.2 – AMENDED
ITEM 2.3 – ADDED
ITEM 4.2 – AMENDED
ITEM 5.1 – AMENDED
ITEM 5.2 – AMENDED



CALL TO ORDER

ROLL CALL

* CLOSED SESSION

Closed Session Item 1.1: See 3 PM Special Meeting Agenda

RECONVENE TO THE CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE

INVOCATION

CITY COUNCIL RECOGNITIONS

2.1 * Irvine Rotary Club and Newport-Irvine Rotary Club

2.2 * South Coast Chinese Cultural Center/Irvine Chinese School

2.3 * IvyMax Academy

2.1-2.3

PRESENTATIONS

3.1 Community Choice Energy Status Update

3.1

3.1 PowerPoint

3.1 Correspondence

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 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.

CONSENT CALENDAR

All matters listed under Consent Calendar are considered by the City Manager to be routine and 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 Council on items on the Consent Calendar. See information for Speaker’s Card/Request to Speak on first page.

4.1 MINUTES

ACTION:

Approve the minutes of a special meeting of the Irvine City Council held on April 10, 2020.

4.1

4.2 PROCLAMATIONS

ACTION:

1) Proclaim Orange County Fire Authority's "Wildfire Awareness and Prevention Season."

2) Proclaim May 10-16, 2020, as "Food Allergy Awareness Week."

4.2

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

4.3

COUNCIL BUSINESS

5.1 * PUBLIC SAFETY COVID-19 UPDATE

ACTION:

Receive and file.

5.1

5.1 Supplemental Report

5.1 Supplemental Information

5.1 Errata - Supplemental Staff Report

5.1 Correspondence

5.1 PowerPoint

5.2 * CERTIFY THE SUFFICIENCY OF THE INITIATIVE MEASURE TO REMOVE CEMETERY, MAUSOLEUM, CREMATORY, FUNERAL HOME, AND MORTUARY USES ("CEMETERY USES") FROM THE LIST OF ALLOWABLE USES WITHIN THE ORANGE COUNTY GREAT PARK AND MOST OF THE SURROUNDING LAND, AND TO CREATE A NEW ZONING DESIGNATION FOR THE APPROXIMATELY 125.5 ACRES OF CITY-OWNED LAND NEAR THE INTERSECTION OF PUSAN AND IRVINE BOULEVARD WHERE CEMETERY USES WILL BE PERMITTED; AND CONSIDER ACTIONS (1) TO ADOPT THE INITIATIVE ORDINANCE, (2) TO ADOPT RESOLUTIONS SUBMITTING THE INITIATIVE ORDINANCE TO THE VOTERS AT THE NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION, OR (3) ORDER A REPORT ON THE EFFECT OF THE PROPOSED ORDINANCE ON MUNICIPAL OPERATIONS; * AND CONSIDERATION OF A REQUEST BY MAYOR SHEA TO DISCUSS A CITY COUNCIL SPONSORED INITIATIVE MEASURE AFFIRMING VETERANS CEMETERY SITE SELECTION

ACTION:

1) Approve Certificate of Sufficiency of Initiative Petition executed by the City Clerk for the Initiative Petition to Rezone The Amended and Restated Development Agreement Site for Cemetery Uses

2) Adopt the initiative ordinance, without alteration, and introduce for first reading and read by title only - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, ADOPTING AN INITIATIVE PETITION THAT WILL REMOVE CEMETERY USES FROM THE LIST OF ALLOWABLE USES WITHIN THE ORANGE COUNTY GREAT PARK AND MOST OF THE SURROUNDING LAND, AND CREATE A NEW ZONING DESIGNATION FOR THE APPROXIMATELY 125.5 ACRES OF CITY-OWNED LAND NEAR THE INTERSECTION OF PUSAN AND IRVINE BOULEVARD WHERE CEMETERY USES WILL BE PERMITTED
OR

3) Submit the initiative ordinance, without alteration, to the voters at the November 3, 2020 General Municipal Election and adopt the following resolutions:

(i) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE REMOVAL OF CEMETERY USES FROM THE LIST OF ALLOWABLE USES WITHIN THE ORANGE COUNTY GREAT PARK AND MOST OF THE SURROUNDING LAND, AND CREATION OF A NEW ZONING DESIGNATION FOR THE APPROXIMATELY 125.5 ACRES OF CITY-OWNED LAND NEAR THE INTERSECTION OF PUSAN AND IRVINE BOULEVARD WHERE CEMETERY USES WILL BE PERMITTED

(ii) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2020, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE

(iii) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, SETTING PRIORITIES FOR FILING (A) WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS

(iv) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS
OR

4) Order a report on the effect of the proposed initiative on municipal operations in accordance with Elections Code section 9212; and direct staff to return with the report at the City Council meeting on June 9, 2020, at which time the City Council must take one of the actions described in 2 or 3 above.

AND

5) * City Council discussion and direction on a request by Mayor Shea to discuss a City Council sponsored initiative measure affirming Veterans Cemetery site selection.

5.2

5.2 Correspondence

5.2 Video Correspondence

5.2 PowerPoints

PUBLIC COMMENTS - 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. See information for Speaker’s Card/Request to Speak on the first page.

Public Comments Correspondence

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 11:00 p.m., the City Council 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 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 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 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 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.

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 4:00 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 meeting was posted in accordance with law at the entrance of City Hall and in the posting book located in the Public Safety Lobby 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