OF IRL  MINUTES CITY COUNCIL REGULAR MEETING October 24, 2023 City Council Chamber 1 Civic Center Plaza Irvine, CA 92606  1971  CALL TO ORDER  The regular meeting of the Irvine City Council was called to order at 4:06 p.m. on October 24, 2023, in the City Council Chamber, Irvine Civic Center, 1 Civic Center Plaza, Irvine,  California; Mayor Khan presiding.  ROLL CALL  Present: 5 Councimember:  Larry Agran Mike Carroll Kathleen Treseder Tammy Kim Farrah N. Khan  Councilmember: Councilmember: Vice Mayor: Mayor:  1.  CLOSED SESSION  City Attorney Melching announced the following Closed Session items:  1.1  CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation (Gov. Code Section CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation (Government Code section  54956.9(d)(2) or (3)): One Case  1.2  54956.9(d)(4): One case There were no requests to speak.    City Council Agenda RECESS  October 24. 2023  Mayor Khan recessed the City Council meeting to Closed Session at 4:10 p.m.  RECONVENE TO THE CITY COUNCIL MEETING  Mayor Khan reconvened the City Council meeting at 5:21 p.m. City Attorney Melching, on behalf of the City Council, announced that no reportable action was taken in Closed  Session.  PLEDGE OF ALLEGIANCE  Councimember Agran led the Pledge of Allegiance.  INVOCATION  Lead Pastor Yohan Shin from Mariners Church provided the invocation.  Following the Invocation, City Manager Chi announced that a request had been received to remove Item 4.1 (Consideration of a Request by Vice Mayor Kim for Discussion and Direction Regarding Charter Amendment for Council Expansion while Retaining At Large  Elections) from the agenda. PRESENTATIONS 2.1  2.  Proclaim October, 27, 2023, as "Millie Rose Scooter. Safety Day" Mayor Khan introduced parents Jarret and Ariella Calmenson, brother Asher Calmenson, and presented a brief video and proclamation recognizing October 27, 2023, as Millie Rose Scooter Safety Day." The following individuals spoke in support of the proclamation and the  importance of road safety:  Youssef Kaddeche, Irvine resident Ayn Craciun, Climate Action Campaign Alex Lewis, Remake Irvine Streets for Everyone (RISE) Tomas Castro, Citizens Climate Lobby Nathan Guerrero, University of California, Irvine (UCI) student and Irvine resident Kyle Brodie, Irvine resident  Prepared by the City Clerk's Office  2    City Council Agenda  October 24. 2023  2.2 Irvine Ranch Conservancy  Mayor Khan introduced Michael O'Connell, President & Chief Executive Officer, who provided a brief overview of Irvine Ranch Conservancy's (IRC) mission and programs through its partnership with the City of Hoiyin Ip, Irvine resident, spoke in support of the City's partnership with IRC, and banning single use plastics in open space areas.  Irvine.  By consensus, received and filed. Orange County Power. Authority  2.3  Mayor Khan introduced Joe Mosca, Interim Chief Executive Officer, and Andrew Marc Di Giovanna, External Affairs Manager, who provided a brief update on the Orange County Power Authority (OCPA). The following individuals spoke in support of OCPA: Adriana Maestas, Irvine resident Kyle Brodie, Irvine resident Ayn Craciun, Climate Action Campaign Brandon Harris, Irvine resident Doug Elliott, Irvine resident Hoiyin Ip, Irvine resident Tiffany I, Irvine resident  The following individuals spoke in opposition to OCPA:  Eric Neshanian, Irvine resident Dee Fox, Irvine resident Harvey Liss, Irvine resident  Alan Meyerson, Irvine resident, suggested a presentation on how OCPA Sol inquired about City funding and contribution amounts for OCPA. Don Geller, Irvine resident, spoke in support of OCPA repaying its loan City Council discussion included: discussing notable achievements and upcoming improvements by OCPA; clarified repayment terms of the agreement between OCPA and the City and whether repayment could occur sooner; expressed concern about the agency's ability to repay the loan; questioned the impact of the City of Huntington Beach's decision  was separating clean and dirty energy.  to the City.  Prepared by the City Clerk's Office  3    City Council Agenda  October 24. 2023  to withdraw from OCPA, including the coverage of any financial losses; inquired about the qualifications of the interim chief executive officer; questioned whether OCPA had been in compliance with the its credit agreement with U.S. Bank; and clarified how repayment of the loan would impact the City's representation on OCPA Board.  By consensus, received and filed.  PUBLIC COMMENTS-NON-AGENDIZED ITEMS  Susan Sayre, Irvine resident, spoke in support of wage increase and rentalllease control Cielo, Irvine resident, spoke in opposition to the rise in people bringing their pets to supermarkets and restaurants, and suggested enforcement assistance from the Irvine The following individuals spoke in support of transit-oriented development (TOD) and/or  ordinances.  Police Department to address the issue.  ino opposition to minimum parking regulations at the Irvine Spectrum:  Adriana Maestas, Irvine resident Youssef Kaddeche, Irvine resident  Leeza Bondarchuk, RISE and student at Irvine Valley College Caden Bracken-Sorte, University High School student  Konstantin Evchenko Brandon Harris, Irvine resident Alex Lewis, RISE Joshua Moore, Irvine resident James, Irvine resident Justin Bai Dane Carstens, recent UCI graduate Kyle Brodie, Irvine resident Nathan Guerrero, Irvine resident Sahand Cyrusian, Irvine resident Spencer Lynch Doug Elliott, Irvine resident Ayn Craciun, Climate Action Campaign  Geneva Bailey, Irvine resident, spoke in opposition to the Irvine Unified School District's response tol her daughter being bullied at school, and requested assistance from the Chief Alan Meyerson, Irvine resident, spoke in opposition to continuing with at-large elections,  of Police.  and in support of improving transportation in the master plan.  Prepared by the City Clerk's Office  4    City Council Agenda noise.  October 24. 2023  Jason Garshfield, Irvine resident, spoke in opposition to early morning trash collection Eric Neshanian, Irvine resident, spoke in opposition to Chief Kent's lack of response to his concerns at the August 10, 2023 Orange County Human Relations Commission meeting, and in opposition to Vice Mayor Kim's qualifications for Mayor. Dee Fox, Irvine resident, spoke in opposition to City funds being donated to the Korean Jeremy Ficarola, Irvine resident, spoke ins suPportolrenvionmenaly responsible planning  American Chamber of Commerce of Orange County. of the City's transportation infrastructure. CITY MANAGER'S REPORT There was no report.  ANNOUNCEMENTSICOMMITTEE REPORTSICOUNCIL REPORTS  Mayor Khan  This past Saturday, Mayor Khan hosted a CalOptima Renewal and Resource Fair at Free Chapel in Irvine and expressed appreciation to all Orange County partner organizations, including Orange County Social Services Agency, for providing resources and services consisting of diapers, food boxes, toys, and health screenings; the Irvine Police Department, including Irvine Police Explorers and the Community Emergency Response Team (CERT); and Free Chapel for hosting and OnN Monday, October 23, Mayor Khan held an anti-hate roundtable discussion with many Irvine and Orange County ethnic and religious community leaders, and California Attorney General Rob Bonta. Panel speakers included Yulan Chung of the South Coast Chinese Cultural Center, Rabbi Peter Levi of the Ant-Defamation League, Amr Shabaik of the Council on American-lslamic Relations Los Angeles, Chris Meza of National Association for the Advancement of Colored People Orange County, John Gutierrez of the Hispanic American Chamber of Commerce, Irvine ChiefofPolice Mike Kent, and Orange County District Attorney Todd Spitzer. Attorney General Bonta reaffirmed his commitment to ensuring that those  providing support.  engaging in hate crimes would be held accountable.  Prepared byt the City Clerk's Office  5    City Council Agenda  October 24. 2023  Irvine is the safest city of its size for Part I violent crime when compared to FBI data recently released for 2022. Compared to information released by the FBI, Irvine had the lowest per capita violent crime rate of any city in the nation with a population of 250,000 ormore, the 18th consecutive year Irvine has had the lowest per capita violent crime rate among cities its size. Mayor Khan expressed appreciation to Chief Kent and all members of Irvine Police Department for their professionalism and continued partnership with the community that Irvine remains adestination where people can live, work, and enjoy life with a sense of unmatched The City is in the planning phase of a new library at Great Park as part of the Great Park Framework Plan. Residents are invited to attend two upcoming Community Town Hall meetings to help create a space that reflects the needs and aspirations of the City. The first town hall, which will take place on October 25 at 6 p.m. at Portola Springs Community Center, will provide an opportunity to learn about the library, planned for a site adjacent to the Botanical Gardens and the Veterans Memorial Park and Gardens, and share feedback. The second town hall meeting on Thursday, November 16, at 6 p.m. at Lakeview Senior Center will provide an opportunity to review and discuss design options for what is envisioned as Irvine's future central library. To learn more, visit cityofirvine.org/GreatParkLbrary, An update to the City of Irvine's General Plan is in process, and the community is invited to participate. The General Plan Update is a state-required document that will help preserve and enhance Irvine's quality of life as the City matures. The City will host a series of community workshops that will allow the public to learn more about the General Plan Update and share feedback on important issues, including land use, transportation, noise, and safety. The first workshop will be held on Wednesday, October 25, from 6 to 7:30 p.m. at Quail Hill Community Center with af focus on land use, and the short- and long.termmanagement of the City's natural and built environments. There will also be a Circulation Workshop on Wednesday, November 1, focusing on transportation, and a virtual workshop on Wednesday, November 15, with at focus on safety and noise. For details about these workshops The community is invited to honor veterans and their families at a special Veterans Day Ceremony on Saturday, November 11, from 11 a.m. to 12:30 p.m. int the formal garden area at Colonel Bill Barber Marine Corps Memorial Park. Tribute will be paid to our nation's past and present troops, and local veterans, veterans groups, and military organizations will be honored. For more information, call 949-724-  security and belonging.  and the General Plan Update, visit rvine2045.org.  6606 or visit oimmeopepeoevents  Prepared by the City Clerk's Office  6    City Council Agenda  October 24. 2023  The City is developing its first Climate Action and Adaptation Plan (CAAP), which sets ambitious but achievable emissions reduction targets fori the City and lays out a pathway to achieving climate goals across municipal operations and the community. For the climate action plan to reflect the priorities and values of the community and to gain input from stakeholders, the Environmental Programs Division has been conducting significant community outreach, including launching an online survey, which all Irvine residents and businesses are encouraged toi take. Community input will be used in combination with feedback from public workshops to inform the adaptation and mitigation measures in the draft climate action plan. Toaccess the survey and learn more about the CAAP, visit tvolinne.orgcimat.  Councilmember Treseder  At the meeting of the Newport Bay' Watershed Committee, it was reported that staff of the Irvine Ranch Water District and other organizations had sampled extensively along the Newport Bay' Watershed fort the past year to check for pollutants, toxins, and sediment. The results were positive, showing low levels of toxins, nutrients, and sediment that drains into Newport Bay. One uncommon finding was an increase in algae; the cause is unknown and further study will take place. The following items were considered at the last Orange County Power Authority  (OCPA) Board meeting:  Chief Executive Officer (CEO) Recruitment Ad Hoc Committee update: The application for the new permanent CEO position closed on October 18, with and a strong number of applicants applying. The Ad Hoc Committee is narrowing the applicant pool and will send these candidates to the Board Support the Solar on Multifamily Affordable Housing Program (SOMAH): SOMAH was largely created by advocacy efforts of environmental justice groups and funded by greenhouse gas auction revenues to expand clean energy access to lowi income and environmental, justice communities. There are over 200 likely SOMAH-eligible properties in Orange County and OCPA's partnership with SOMAH will greatly benefit the local community through energy bill savings, decreased pollution, and workforce career OCPA survey on climate change: OCPA surveyed 1,800 registered voters in Orange County and found that a significant majority believe that climate change is a serious threat to the quality of life in Southern California and that small changes by individuals can make a ditference. The survey also found that messaging about OCPA caused a significant shift in positive ratings, presenting an opportunity to significantly improve brand awareness  for final review.  opportunities.  with a targeted outreach campaign.  Prepared by the City Clerk's Office  7    City Council Agenda Vice Mayor Kim  October 24. 2023  Vice Mayor Kim invited the community to an event she is hosting in collaboration with the Orange County Fire Authority (OCFA) on Wednesday, October 25 at 4 p.m. at Fire Station 6, located behind City Hall on Barranca Parkway. Residents will have an opportunity to connect with local heroes and experience firefighting demonstrations, including CPR and fire extinguishers. Snacks and refreshments will be available, and attendees will have a chance to meet and greet with OCFA Vice Mayor Kim and the City of Irvine team attended Supervisor Foley's Climate Inflation Reduction Grant Roundtable at the Orange County Board of Supervisors' Office. By collaborating with the OC/LA region, the City is strategizing for Irvine to secure funding for vital projects that address climate pollution. This effort is part of  Fire Chiefs and Battalion Chiefs.  af $5 billion investment by the Biden administration.  Councilmember Carroll  Councilmember Carroll expressed disappointment at the potential gapi inl liver music after last weekend's Zac Brown Band concerts due to the termination of the amphitheater proposal with Live Nation, and noted attempts by other cities to  develop a live music venue. ADDITIONS AND DELETIONS  Item 4.1 (Consideration of a Request by Vice Mayor Kim for Discussion and Direction Regarding Charter Amendment for Council Expansion while Retaining At Large Elections) was removed from the agenda at the request of City Manager Chi. See page 2.  3.  CONSENT CALENDAR There were no requests to speak.  Moved by Vice Mayor Kim, seconded by Councilmember Carroll, and unanimously carried to approve City Council Consent Calendar Item Nos.  3.1 through 3.7. 3.1  MINUTES ACTION:  Approved the minutes of a regular meeting of the City Council held  on September 26, 2023.  Prepared by the City Clerk's Office  8    City Council Agenda  October 24. 2023  3.2  PROCLAMATIONS ACTION: Day."  Proclaimed October 27, 2023, as "Millie Rose Scooter Safety  3.3  WARRANT. AND WIRE TRANSFER RESOLUTION  ACTION:  Adopted RESOLUTION NO. 23-94 - 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 AGREEMENT WITH PBK ARCHITECTS FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES TO DEVELOP AN ADDITIONAL SWIMMING POOL AT WILLIAM WOOLLETT JR.  BE PAID  3.4  AQUATICS CENTER ACTION:  Approved an agreement with PBK Architects for design and construction support services not-to-exceed $1,150,000. BUDGET ADJUSTMENT AND AWARD OF CONSTRUCTION CONTRACT FOR TRABUCO ROAD IMPROVEMENTS FROM  (Contract No. 11733)  3.5  JEFFREYROAD TO SAND CANYON AVENUE  ACTION:  1) Awarded a construction contract in the amount of $5,620,484 for the Trabuco Road Improvements from Jeffrey Road to Sand Canyon Avenue, CIP 312205, to the lowest responsive and responsible bidder, Nationwide Contracting Services, Inc. 2) Approved the budget adjustment appropriating $2,646,900 Infrastructure & Rehabilitation Fund (Fund 010), to Trabuco  (Contract No. 11734)  Road improvements, CIP 312205.  3.6  JAMBOREE ROAD AT ALTON PARKWAY PEDESTRIAN BRIDGE  (JAMBOREE NORTH OF INTERSTATE 405)  ACTION:  1) Approved the Jamboree Road Pedestrian Bridge Feasibility Study which identifies the bridge just south of Alton Parkway  (CIP 322101) as the preferred location.  Prepared by the City Clerk's Office  9    City Council Agenda  October 24. 2023  2) Directed staff to file the Notice of Exemption for the Jamboree at Alton Parkway Pedestrian Bridge project to document that the project is exempt from requirements of California  Environmental Quality Act.  3.7  SECOND READING AND ADOPTION OF ORDINANCE NO. 23-21 APPROVING ZONE CHANGE 00870341-PZC AND ORDINANCE NOS. 23-22 AND 23-23 APPROVING DEVELOPMENT AGREEMENTS ON LOTS 103 AND 106 OF PLANNING AREA 33  (IRVINE SPECTRUM CENTER)  ACTION: ordinances:  Read by title only, second reading and adoption of the following 1) ORDINANCE NO. 23-21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING ZONE CHANGE 00870341-PZC TO AMEND CHAPTER 9-33 AND SECTION 3-37-26 OF THE IRVINE ZONING ORDINANCE TO ALLOW THE ADDITION OF 1,000 DWELLING UNITS TO THE DWELLING UNIT CAP IN PLANNING AREA 33 (IRVINE SPECTRUM CENTER) WITHA CORRESPONDING REDUCTION IN URBAN COMMERCIAL SQUARE FOOTAGE; TO CHANGE THE ZONING DESIGNATION OF SUBJECT PROPERTIES (LOT 103&LOT 106) FROM 4.7 URBAN COMMERCIAL AND 4.8 IRVINE CENTER GARDEN COMMERCIAL, RESPECTIVELY, TO 4.7C URBAN COMMERCIAL; AND TO AMEND DEVELOPMENT STANDARDS FOR THE 4.7 URBAN COMMERCIAL ZONING DISTRICT RELATIVE TO RESIDENTIAL DEVELOPMENT; FILED BY IRVINE 2) ORDINANCE NO. 23-22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 00911705-PDA TO ESTABLISH PUBLIC BENEFITS AND AFFORDABLE HOUSING REQUIREMENTS ASSOCIATED WITH THE LOT 103 RESIDENTIAL DEVELOPMENT; LOCATED AT THE NORTHEAST CORNER OF PACIFICA AND GATEWAY IN PLANNING AREA 33 (IRVINE SPECTRUM CENTER); FILED 3) ORDINANCE NO. 23-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 00911981-PDA TO ESTABLISH PUBLIC BENEFITS AND AFFORDABLE HOUSING REQUIREMENTS ASSOCIATED WITH THE LOT 106 RESIDENTIAL DEVELOPMENT; LOCATED AT THE  COMPANY  BY IRVINE COMPANY  Prepared by the City Clerk's Office  10    City Council Agenda  October 24, 2023  SOUTHWEST CORNER OF PACIFICA AND GATEWAY IN PLANNING AREA 33 (IRVINE SPECTRUM CENTER); FILED (Unless otherwise directed by a Member of the City Council, the vote at second reading will reflect the same vote as ati first reading. However, if a Councimember 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  BY IRVINE COMPANY  vote will be reflected as absent.)  Approved 5-0.  4.  COUNCIL BUSINESS  4.1  CONSIDERATION OF A REQUEST BY VICE MAYOR KIM FOR DISCUSSION AND DIRECTION REGARDING CHARTER AMENDMENT FOR COUNCIL EXPANSION WHILE RETAINING AT This item was removed from the agenda. See Additions and CONSIDERATION OF A REQUEST BY COUNCILMEMBER AGRAN TO EXPAND THE MUNICIPAL COMMUNITY GARDENS PROGRAM This item was removed from the agenda originally posted on CONSIDERATION OF A REQUEST BY VICE MAYOR KIM TO DIRECT. STAFF TO STUDY THE MPLEMENTATION OFA BICYCLE/ PEDESTRIAN OVERCROSSING AT THE INTERSECTION OF This item was removed from the agenda originally posted on CONSIDERATION OF A REQUEST BY VICE MAYOR KIM TO UPDATE THE HOTEL WORKER PROTECTION ORDINANCE This item was agendized at the request of Vice Mayor Kim, who asked for City Council consideration to update and enhance the Hotel Worker  LARGE ELECTIONS Deletions.  4.2  October 17, 2023.  4.3  JAMBOREE AND EL CAMINO REAL  October 17, 2023.  4.4  Protection Ordinance.  Prepared by the City Clerk's Office  11    City Council Agenda  October 24. 2023  The following individuals spoke in support: Susan Sayre, Irvine resident Parker Shea, Unite Here Local 11 Austin Lynch, Unite Here Local 11 Filomena Alvarez, room attendant at Hilton Irvine Laura Pacheco, room attendant at Irvine Marriott Diana Nufio, room attendant at Irvine Hilton Alan Meyerson, Irvine resident Doug Elliott, Irvine resident Sahand Cyrusian, Irvine resident Joshua Moore, Irvine resident  Jerry von Talge, Clergy and Laity United for Economic Justice  Tony Zand, Pacific Hospitality Group, and Eric Neshanian, Irvine Marleen Gillespie spoke in support of stipulating that there be no increases in managerial pay, bonuses, stock options, vacation, and benefits for at least a year before a hotel requests a hardship waiver. City Council discussion included: inquiring about the number of hotels in the City and how many applied for waivers; questioned the status of the implementation of safety measures and waiver applications, and any other issues that had arisen; clarified areas of concern with the ordinance; inquired about options for non-complance by hotels; and questioned the current appeal/waiver process and associated timelines ACTION: Moved by Vice Mayor Kim, seconded by Councimember  resident, spoke in opposition.  for consideration. Treseder, to:  Direct the City Manager to present an updated Hotel Worker Protection Ordinance that would grant waivers to employers limited to bankruptcy, hotel closure, staff reductions exceeding ACTION: A substitute motion was made by Councilmember Agran,  15%, or cuts in hotel workers exceeding 30%.  seconded by Mayor Khan, to:  1) Direct the City Manager and City Attorney to review the waiver provisions of the Hotel Worker Protection Ordinance and consider other manners in which the ordinance could be improved and strengthened, and return to the City Council for  consideration.  Prepared by the City Clerk's Office  12    City Council Agenda  October 24. 2023  2) Direct Mayor Khan and Councilmember Agran to be part of the process by meeting with representatives from the hotel industry and Unite Here Local 11, either separately or together. ACTION: A friendly amendment to the substitute motion was made by Mayor Khan and accepted by Councilmember: Agran as the  maker, to*:  1) Direct the City Manager and City Attorney to review the waiver provisions of the Hotel Worker Protection Ordinance and consider other manners in which the ordinance could be improved and strengthened, as amended to return to the City Council for consideration and vote at its meeting of November 2) Direct Mayor Khan and Councimember Agran to be part of the process by meeting with representatives from the hotel industry and Unite Here Local 11, either separately or together.  14, 2023.  The motion carried as follows:  AYES: NOES:  3 COUNCILMEMBERS: Agran, Carroll, and 2 COUNCILMEMBERS: Kim and Treseder  Khan  ABSENT: 0 COUNCIL-MEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None * The friendly amendment to the substitute motion carried and takes precedence over prior motions; therefore, a vote was not taken on the prior motions. CONSIDERATION OF A REQUEST BY COUNCILMEMBER CARROLL TO CHANGE CELL TOWER SETBACK MINIMUM This item was agendized at the request of Councilmember Carroll, who asked for City Council consideration to change the cell tower setback  4.5  minimum.  The following individuals spoke in support: David Regan, Irvine resident Alan Meyerson, Irvine resident Ali Youssefiha, Irvine resident Jaleh Youssefiha, Irvine resident Melina, Irvine resident  Prepared by the City Clerk's Office  13    City Council Agenda  October 24. 2023  Rechelle Wifler, Irvine resident (949)***--406, Irvine resident  John Heffernan, AT&T External Affairs team, noted AT&T's availability to connect with concerned residents via stores, call centers, and other  channels.  The following individuals spoke in opposition: Eric Neshanian, Irvine resident Tiffany I, Irvine resident Jeremy Ficarola, Irvine resident  City Council discussion included: inquiring about the notification process and adherence at the time of cell tower construction; questioned the potential impacts on cell reception; inquired about potential health impacts; questioned actions taken by other jurisdictions and examples of similar preferred setbacks; inquired about the applicability of zoning ordinances; discussed public notice requirements, and what notification records the City would have maintained; inquired about constraints imposed by federal law and what remaining authority, if any, the City maintained; and questioned what information would be provided to the ACTION: Moved by Councilmember Carroll, seconded by Mayor  Planning Commission for consideration.  Khan, to:  Direct staff and the City Attorney to prepare a Zoning Code amendment to modify the setback requirement, which cannot be applied retroactively, to 1,500 feet from residential properties, tot lots, children's playgrounds, and schools for review and approval by the Planning Commission, and, if recommended by the Planning Commission, return to the City Council with a draft  ordinance for final adoption. The motion carried as follows:  AYES: NOES:  3 COUNCILMEMBERS: Agran, Carroll, and 2 COUNCILMEMBERS: Kim and Treseder  Khan  ABSENT: 0 COUNCIL-MEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None  Prepared by the City Clerk's Office  14    City Council Agenda  October 24. 2023  4.6  CONSIDERATION OF A REQUEST BY COUNCILMEMBER CARROLL TO DISCUSS NON-RENEWAL OF LEASES ON CITY- OWNED PROPERTY WITH LOS ANGELES SMSA LIMITED PARTNERSHIP AND NEW CINGULAR WIRELESS PCS, LLC This item was agendized ati the request of Councimember Carroll, who asked for City Council consideration to discuss non-renewal of leases on City-owned property with Los Angeles SMSA Limited Partnership Melina, Irvine resident, and (949)**-"639, Irvine resident, spoke in  and New Cingular Wireless PCS, LLC.  support.  The following individuals spoke in opposition: Eric Neshanian, Irvine resident Tiffany I, Irvine resident Jeremy Ficarola, Irvine resident  City Council discussion included: requesting historical information on how the cell tower at the intersection of Culver Drive and Shady Canyon Drive was placed in its current location; inquired about the potential impacts of not renewing the leases; suggested the possibility of working with the lessees to find an alternative site to maintain cellular coverage; questioned the potential impacts on coverage in other parts of the City; inquired about the timeline for non-renewal, next steps, and what actions the City could take right away; and inquired about legal impacts of ACTION: Moved by Councilmember Carroll, seconded by  decisions based on health and safety. Councilmember Agran, to:  Direct staff to draft and provide a letter of intent of non-renewal for the Land Lease Agreement, dated November 21, 2011, by and between the City of Irvine and Los Angeles SMSA Limited Partnership, and the Land Lease Agreement, dated March 23, 2012, byand! between the City ofl Irvine and New CingularWireless  PCS, LLC.  ACTION: A substitute motion was made by Vice Mayor Kim to:  Direct staff to explore alternatives for coverage and return with a  report in 90 days.  The motion failed for lack of second.  Following discussion, a vote was taken on the main motion.  Prepared by the City Clerk's Office  15    City Council Agenda  October 24.2023  ACTION: Moved by Councimember Carroll, seconded by  Councimember Agran, to:  Direct staff to draft and provide a letter of intent of non-renewal for the Land Lease Agreement, dated November 21, 2011, by and between the City of Irvine and Los Angeles SMSA Limited Partnership, and the Land Lease Agreement, dated March 23, 2012, byand between the City of Irvine and New Cingular' Wireless  PCS, LLC. The motion failed as follows:  AYES: NOES:  2 COUNCILMEMBERS: Agran and Carroll 3 COUNCILMEMBERS: Kim, Treseder, and  Khan  ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None  No further action was taken.  4.7  CONSIDERATION OF A REQUEST BY COUNCILMEMBER TRESEDER AND VICE MAYOR KIM TO DEVELOP A L/VING WAGE This item was removed from the agenda originally posted on  ORDINANCE October 17, 2023.  ADJOURNMENT  Moved by Councilmember Agran, seconded by Councilmember Carroll, and unanimously carried to adjourn the meeting in memory of former Community  Services Director Deanna Manning at 11:42 p.m.  MANOR OF THE CITY OFIRVINE  November 2023  CRC CITY CLERK OF THE CITY OF IRVINE  28,  Prepared by the City Clerk's Office  16