CITY COUNCIL SPECIAL MEETING

MINUTES

CITY COUNCIL

# SPECIAL MEETING

December 15, 2022 City Council Chamber 1 Civic Center Plaza Irvine, CA 92606

## CALL TO ORDER

The special meeting of the Irvine City Council was called to order at 8:35 a.m. on December 15, 2022, in the City Council Chamber, Irvine Civic Center, 1 Civic Center Plaza, Irvine, California; Vice Mayor Kim presiding.

## ROLL CALL

Present: 5 Councilmember: Larry Agran Councilmember: Mike Carroll Councilmember: Kathleen Treseder Vice Mayor: Tammy Kim Mayor: Farrah Khan\*

- Mayor Khan joined Closed Session at 8:51 a.m. and participated virtually.

Vice Mayor Kim noted additional opportunities to participate in the meeting virtually; and encouraged those providing public comments to be civil, polite, and courteous when addressing one another, City staff, and members of the public.

In addition, Carl Petersen, City Clerk, provided instructions on how to participate in the meeting; and noted that the e-comment feature had been extended, which allowed members of the public the ability to submit e-comments on all agenda items, which would be included as part of the official record and uploaded to the City’s website.

* * *

## 1\. CLOSED SESSION

City Attorney Melching announced the following Closed Session item:

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

There were no requests to speak.

## RECESS

Vice Mayor Kim recessed the City Council meeting to Closed Session at 8:39 a.m.

## RECONVENE TO THE CITY COUNCIL MEETING

Vice Mayor Kim reconvened the City Council meeting at 10:12 a.m. City Attorney Melching, on behalf of the City Council, announced that no reportable action was taken in Closed Session; however, the City Council did receive a robust briefing from its outside on the All American Asphalt matter, and through that discussion, the City Council has elected to appoint a subcommittee consisting of Councilmember Agran and Councilmember Carroll to deal with All American Asphalt issues on a going forward basis.

## ADJOURNMENT

Moved by Councilmember Carroll, seconded by Councilmember Treseder, and unanimously carried to adjourn the special City Council meeting at 10:13 a.m.

MAYOR OF THE CITY OF IRVINE

CITY CLERK OF THE CITY OF IRVINE

January 24, 2023

Farrah N. Khan

Mayor

Tammy Kim

Vice Mayor

Larry Agran

Councilmember

Mike Carroll

Councilmember

Kathleen Treseder, PhD

Councilmember

AGENDA CITY COUNCIL SPECIAL MEETING

December 15, 2022

8:30 AM

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): one case - 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

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.