CITY COUNCIL SPECIAL MEETING - REVISED

MINUTES CITY COUNCIL SPECIAL MEETING January 24, 2023 City Council Chamber 1Civic Center Plaza Irvine, CA 92606 CALL TO ORDER The special meeting of the City Council was called to order at 3:05 p.m. on January 24, 2023, in the City Council Chamber, Irvine Civic Center, 1 Civic Center Plaza, Irvine, California; Mayor Khan presiding. ROLL CALL Present: 5 Councilmember Councilmember Councilmember Vice Mayor Mayor 1. CLOSED SESSION Larry Agran Mike Carroll Kathleen Treseder Tammy Kim Farrah N. Khan City Attorney Melching announced the following Closed Session items: 1.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code§ 54956.8) - Property: 8000 Great Park Blvd, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Michael Aguilar, Chief Executive Officer, Flying Leathernecks Historical Foundation/Flying Leathernecks Aviation Museum; Under Negotiation: Price and Terms of Payment

City Council Minutes January 24, 2023 1.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code§ 54956.8) - Property: 8000 Great Park Blvd, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Ellen Pais, Executive Director, Pretend City Children's Museum; Under Negotiation: Price and Terms of Payment 1.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) - Property: 8000 Great Park Blvd, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Douglas Freeman, Chief Executive Officer, OC Music and Dance: Under Negotiation: Price and Terms of Payment 1.4 CONFERENCE WITH REAL PROPERTY NEGOT/A TORS (Government Code § 54956.8) - Property: 8065 Marine Way, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Arthur Kazarian, Chief Executive Officer, Tierra Verde Industries: Under Negotiation: Price and Terms of Payment 1.5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) - Property: 10671 Jeffrey Rd., Irvine, CA 92602; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Mark Leur, Chief Executive Officer, All American Asphalt: Under Negotiation: Price and Terms of Payment 1.6 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION- Pursuant to Government Code Section 54956.9(d)(1): two cases- (1) City of Irvine vs. All American Asphalt (AAA), Orange County Superior Court Case No. 30-2020-01153015-CU-MC-CJC (AII American Asphalt Litigation); and (2) Alliance for Constitutional Sex Offense Laws, Inc. v. City of Irvine, Orange County Superior Court Case No. 30-2020-01156612 Prepared by the City Clerk's Office 2

City Council Minutes January 24 2023 1.7 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)): One Case There were no requests to speak. RECESS Mayor Khan recessed the special City Council meeting to Closed Session at 3:14 p.m. RECONVENE TO THE CITY COUNCIL MEETING Mayor Khan reconvened the special City Council meeting at 5: 19 p.m. City Attorney Melching, on behalf of the City Council, announced that no reportable action was taken in Closed Session. RECESS Mayor Khan recessed the Special City Council meeting at 5:19 p.m. RECONVENE TO THE CITY COUNCIL MEETING Mayor Khan reconvened the special City Council meeting at 7:44 p.m. PUBLIC COMMENTS - AGENDIZED ITEMS Item 2.1 The following individuals spoke in support of an independent investigation related to the Melahat Rafiei matter: • Susan Sayre, Irvine resident • Branda Lin, Irvine resident • Christina Shea, Irvine resident • Eric Nashanian, Irvine resident • Doug Elliott, Irvine resident • (909) ***-*666 The following individuals spoke in opposition to an independent investigation related to the Melahat Rafiei matter using public funds: • Alan Meyerson, Irvine resident • Dee Fox, Irvine resident Prepared by the City Clerk's Office 3

City Council Minutes 2. COUNCIL BUSINESS January 24, 2023 2.1 DISCUSSION AND DIRECTION REGARDING PLEA AGREEMENT IN THE CASE, UNITED STATES OF AMERICA V. MELAHAT RAF/El Oliver Chi, City Manager, provided a brief report related to the plea agreement details related to Irvine in the above-referenced case, and official actions taken in 2018 related to cannabis. City Council discussion included: noting the allegations listed in the plea deal by Ms. Rafiei; reiterated the necessity for an internal investigation related to actions taken by the City Council in 2018 and Ms. Rafiei's engagement with staff; noted staffing challenges by the Federal Bureau of Investigation (FBI); reiterated actions taken by current Councilmembers who previously retained the services of Ms. Rafiei; discussed the length of time and potential costs for an internal investigation; suggested deferring an internal investigation until the FBI concluded its own investigation; referenced a prior investigation of misconduct by a Councilmember, its outcome, associated impacts, and related expenses; questioned who would conduct an internal investigation; inquired about municipal subpoena authority; reiterated the responsibility to cooperate fully with an FBI investigation; expressed concern about public opinion if the City Council chose not to initiate an internal investigation; discussed the deferment of an investigation by six months; and suggested the preservation of evidence and potential witnesses if an investigation was deferred by six months. ACTION: Moved by Councilmember Treseder, seconded by Vice Mayor Kim, to: Conduct an independent investigation into the actions of Melahat Rafiei, especially concerning her actions 2018 and surrounding times to assess if criminal misconduct occurred, constrained by a timeframe of 30 days. Following discussion, Councilmember Treseder amended her motion. ACTION: Moved by Councilmember Treseder to: Conduct an independent investigation into the actions of Melahat Rafiei, especially concerning her actions 2018 and surrounding times to assess if criminal misconduct occurred, with such investigation commencing in six (6) months. After additional discussion ensued, Councilmember Treseder withdrew her amendment and asked for City Council consideration of her prior motion. Prepared by the City Clerk's Office 4

City Council Minutes ACTION: Kim, to: January 24 2023 Moved by Councilmember Treseder, seconded by Vice Mayor Conduct an independent investigation into the actions of Melahat Rafiei, especially concerning her actions 2018 and surrounding times to assess if criminal misconduct occurred, constrained by a timeframe of 30 days. The motion failed as follows: AYES: NOES: ABSENT: ABSTAIN: No action was taken. ADJOURNMENT 2 3 0 0 COUNCILMEMBERS: Kim and Treseder COUNCILMEMBERS: Agran, Carroll, and Khan COUNCILMEMBERS: None COUNCILMEMBERS: None Moved by Vice Mayor Kim, seconded by Councilmember Carroll, and unanimously carried by to adjourn the special City Council meeting at 8:58 p.m. AYOR, CITY OF IRVINE CITY CLERK Prepared by the City Clerk's Office 5 February 28 2023

Farrah N. Khan

Mayor

Tammy Kim

Vice Mayor

Larry Agran

Councilmember

Mike Carroll

Councilmember

Kathleen Treseder, PhD

Councilmember

REVISED AGENDA CITY COUNCIL SPECIAL MEETING

January 24, 2023

3:00 PM

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 REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) - Property: 8000 Great Park Blvd, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Michael Aguilar, Chief Executive Officer, Flying Leathernecks Historical Foundation/Flying Leathernecks Aviation Museum; Under Negotiation: Price and Terms of Payment

1.2

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) - Property: 8000 Great Park Blvd, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Ellen Pais, Executive Director, Pretend City Children’s Museum; Under Negotiation: Price and Terms of Payment

1.3

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) - Property: 8000 Great Park Blvd, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Douglas Freeman, Chief Executive Officer, OC Music and Dance: Under Negotiation: Price and Terms of Payment

1.4

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) - Property: 8065 Marine Way, Irvine, CA 92618; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Arthur Kazarian, Chief Executive Officer, Tierra Verde Industries: Under Negotiation: Price and Terms of Payment

1.5

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) - Property: 10671 Jeffrey Rd., Irvine, CA 92602; Agency Negotiators: Oliver Chi, City Manager; Pete Carmichael, Executive Director Great Park; Jeffrey Melching, City Attorney; Negotiating Parties: City of Irvine; Mark Leur, Chief Executive Officer, All American Asphalt: Under Negotiation: Price and Terms of Payment

1.6

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1): two cases – (1) City of Irvine vs. All American Asphalt (AAA), Orange County Superior Court Case No. 30-2020-01153015-CU-MC-CJC (All American Asphalt Litigation); and (2) Alliance for Constitutional Sex Offense Laws, Inc. v. City of Irvine, Orange County Superior Court Case No. 30-2020-01156612

1.7

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)): One Case

1.7 eComments

RECONVENE TO THE CITY COUNCIL MEETING