AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 23-01
REVISED SAFETY ALERT
(EFFECTIVE AS OF MARCH 1, 2022)
AS COVID-19 RELATED RESTRICTIONS ARE UPDATED, THE PUBLIC WILL BE ALLOWED
TO ATTEND COUNCIL MEETINGS PROVIDED SOCIAL DISTANCING GUIDELINES ARE FOLLOWED. THESE GUIDELINES WILL RESULT IN VERY LIMITED OPPORTUNITIES, ON
A FIRST COME BASIS, FOR THE PUBLIC TO OBSERVE THE COUNCIL MEETING FROM THE COUNCIL CHAMBER AND ADJACENT FOYER. MEMBERS OF THE PUBLIC MAY
CHOOSE TO PARTICIPATE ELECTRONICALLY BY WATCHING THE MEETING LIVE ON COX CABLE CHANNEL 855 OR VIA THE CITY’S YOUTUBE CHANNEL.
PUBLIC COMMENT: PUBLIC COMMENT MAY BE PROVIDED IN PERSON, ELECTRONICALLY, OR BY MAIL. CITY STAFF WILL BE COORDINATING ENTRY TO THE
COUNCIL CHAMBERS DURING PUBLIC COMMENT AND MANAGING AVAILABLE SEATING CAPACITY THROUGHOUT THE MEETING. THEIR DIRECTIONS MUST BE FOLLOWED.
ALTERNATIVELY, COMMENTS MAY BE SUBMITTED ON ANY AGENDA ITEM OR ON ANY ITEM NOT ON THE AGENDA IN WRITING VIA MAIL TO “CITY COUNCIL” 33282 GOLDEN LANTERN, DANA POINT, CA 92629 OR BY EMAIL TO [email protected]. TO
BE CONSIDERED AS PART OF THE MEETING TO WHICH THIS AGENDA APPLIES AND
PROVIDED TO CITY COUNCIL PRIOR TO THE MEETING, COMMENTS MUST BE RECEIVED NO LATER THAN 4:00 P.M. ON THE DAY OF THE MEETING. ALL COMMENTS, WHENEVER RECEIVED, WILL BE SHARED WITH THE CITY COUNCIL. EMAILS SHOULD INCLUDE “PUBLIC COMMENT”, THE DATE OF THE MEETING IN THE SUBJECT LINE, AS WELL AS REFERENCE TO THE AGENDA ITEM NUMBER, IF APPLICABLE. MAILED COMMENTS
SHOULD PROMINENTLY INCLUDE A SIMILAR REFERENCE AT THE TOP OF THE FIRST PAGE. MAILED AND EMAILED COMMENTS WILL NOT BE READ BY THE CITY CLERK DURING THE MEETING, BUT WILL BE INCLUDED IN THE RECORD.
CALL TO ORDER
ROLL CALL OF CITY COUNCIL MEMBERS:
Mike Frost, Mayor
Jamey M. Federico, Mayor Pro Tem
CITY COUNCIL
REGULAR
MEETING
TUESDAY
JANUARY 17, 2023
4:30 P.M.
City of Dana Point
City Council Regular Meeting Agenda January 17, 2023
2 John Gabbard, Council Member
Matthew Pagano, Council Member
Michael Villar, Council Member
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - LITIGATION STRATEGY REVIEW INCLUDING POTENTIAL DISCUSSION OF THE FOLLOWING EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (4 cases), AND POTENTIAL DISCUSSION OF ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (4 cases) a. City of DP v. Sunshine Group LLC (Seaside Inn), Orange County Superior Court Case No. 30-2017- 00915900
b. Concerned Residents of Dana Point vs. City of Dana Point Case No. 2019- 01117892-CUTT-CXC c. Susan A. Aguirre, Trustee Of The Aguirre Family Trust Dated December 29, 1993 v. City of Dana Point, Orange County Superior Court Case No: 30-2021-01217610 CU-WM-CJC d. Center For Natural Lands Management v City of Dana Point, Orange County Superior Court Case No: 30-2021-01219668 CU-OR-CJC
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (2 cases) RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS AND PROCLAMATIONS
Employee of the Quarter – Belinda Deines, Principal Planner
READING OF ORDINANCE TITLES
At this time, the City Clerk will read the title(s) of the ordinance(s) listed on the agenda.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.
City of Dana Point
City Council Regular Meeting Agenda January 17, 2023
3 1. WAIVE THE READING OF ORDINANCES AND APPROVE READING BY TITLE ONLY RECOMMENDED ACTION: That the City Council approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
2. REGULAR MEETING MINUTES, DECEMBER 6, 2022
RECOMMENDED ACTION: That the City Council approve the minutes.
3. PLANNING COMMISSION MEETING MINUTES, NOVEMBER 28, 2022 RECOMMENDED ACTION: That the City Council receive and file.
4. YOUTH BOARD MEETING MINUTES, OCTOBER 20, 2022
RECOMMENDED ACTION: That the City Council receive and file.
5. YOUTH BOARD MEETING MINUTES, NOVEMBER 17, 2022
RECOMMENDED ACTION: That the City Council receive and file.
6. MEETING CALENDAR / COMMUNITY SPECIAL EVENTS CALENDAR RECOMMENDED ACTION: That the City Council receive and file.
7. CITY TREASURER’S REPORT, NOVEMBER 2022
RECOMMENDED ACTION: That the City Council receive and file the City Treasurer’s Report, November 2022.
8. CLAIMS AND DEMANDS
RECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.
9. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022
RECOMMENDED ACTION: That the City Council receive and file the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2022.
10. DEVELOPMENT UPDATE
RECOMMENDED ACTION: That the City Council receive and file the Development Update.
City of Dana Point
City Council Regular Meeting Agenda January 17, 2023
4 11. CITY COUNCIL 2023 MEETING SCHEDULE
RECOMMENDED ACTION: That the City Council approve the 2023 City Council meeting schedule.
12. RECRUITMENT FOR THE PLANNING COMMISSION AND TRAFFIC IMPROVEMENT
SUBCOMMITTEE
RECOMMENDED ACTION: That the City Council direct Staff to proceed with the recruitment for Planning Commission and Traffic Improvement Subcommittee.
13. 2023 SPECIAL EVENTS CALENDAR AND CONCERT SERIES CONTRACT(S) RECOMMENDED ACTION: That the City Council:
1. Approve the special event calendar for 2023 with the recommended venues; and
2. Authorize the City Manager to execute two contracts with Southern California Sound, Stage & Lighting Corporation for: 1) Festival of Whales Concert, and 2) Concerts in the Park.
14. AWARD OF CONTRACT FOR THE 4TH OF JULY AERIAL FIREWORKS DISPLAY AND
BARGE SERVICES
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute a contract with Garden State Fireworks, Inc., for the 2023 4th of July fireworks and barge services.
15. CODE ENFORCEMENT OPERATIONS AND STRATEGIC PLAN UPDATE RECOMMENDED ACTION: That the City Council receive and file the Code Enforcement Operations and Strategic Plan update.
PUBLIC COMMENTS
Any person wishing to address the City Council during the Public Comments section or on an Agenda item is asked to complete a “Request to Speak” form available on the table at the side of the Council Chamber. The completed form is to be submitted to the City Clerk prior to the Agenda item being called by the Mayor and prior to the individual being heard by the City Council.
In order to conduct a timely meeting, there will be a three-minute time limit per person and an overall time limit of thirty minutes for this Public Comments portion of the agenda. At the Mayor’s discretion, the balance of public comments will be heard after the New Business portion of the agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.
If anyone has handouts to distribute to the City Council, please follow proper procedure and hand them to the City Clerk. The City Clerk will see that they are distributed.
City of Dana Point
City Council Regular Meeting Agenda January 17, 2023
5 PUBLIC HEARINGS
UNFINISHED BUSINESS
16. APPOINTMENT TO THE OCEAN WATER QUALITY SUBCOMMITTEE AND PLANNING
COMMISSION
That the City Council conduct interviews and consider an appointment to fill one (1) vacancy on the Ocean Water Quality Subcommittee and one (1) vacancy on the Planning Commission.
NEW BUSINESS
17. 2022 COMMUNITY SURVEY RESULTS
RECOMMENDED ACTION: That the City Council receive a presentation from FM3 Research on the 2022 Dana Point Community Survey.
18. STRATEGIC PLAN REVIEW – PERFORMANCE MEASURES
RECOMMENDED ACTION: That the City Council receive an update from Staff on the City’s Strategic Plan 2022 Measurements, and provide direction should any amendments to the Plan or measures be deemed necessary.
19. CITY COUNCIL APPOINTED REPRESENTATIVES AND CITY COMMISSIONS,
COMMITTEES, SUBCOMMITTEES AND TASK FORCES
RECOMMENDED ACTION: That the City Council:
1) Approve appointments of City Council representatives to outside agencies; and 2) Approve appointments to City Committees, Subcommittees and Task Forces; and 3) Direct Staff to notify affected agencies as necessary; and 4) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS
PUBLIC COMMENTS (Continued)
COUNCIL REPORTS, INCLUDING CITY RELATED MEETINGS ATTENDED The City Council may discuss, act upon or seek consensus on matters described under Council Reports only if: they are agendized with a complete written report included; or, if an item arose subsequent to the City of Dana Point
City Council Regular Meeting Agenda January 17, 2023
6 posting of the agenda and the Council determines that an emergency exists. Non-agendized items may be presented as informational only.
STAFF REPORTS
(City Manager Michael Killebrew)
(City Attorney Patrick Muñoz)
ADJOURNMENT
The next Regular Meeting of the City Council will be February 7, 2023, at 5:00 p.m. in the City Council Chamber located at 33282 Golden Lantern, Suite 210, Dana Point, California.
CERTIFICATION
I, Shayna Sharke, City Clerk of the City of Dana Point, do hereby certify that a copy of the foregoing Agenda was posted at Dana Point City Hall, the Dana Point Post Office, and the Capistrano Beach Post Office, and Dana Point Library by Thursday, January 12, 2023, at 5:30 p.m.
Subscriptions to receive City Council Agendas on a regular basis are available through the City Clerk’s Office. Agendas are also available on the City’s website at www.danapoint.org. In addition, Agenda related materials (including materials, if any, provided to the City Council after the Agenda was posted) may be reviewed in the office of the City Clerk during regular business hours or on the website at www.danapoint.org.
PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH A DISABILITY WHO
REQUIRE A DISABILITY-RELATED MODIFICATION OR ACCOMMODATION IN ORDER TO
PARTICIPATE IN A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY REQUEST SUCH MODIFICATION OR ACCOMMODATION FROM THE CITY CLERK AT (949) 248-3500 (TELEPHONE) OR (949) 248-9920 (FACSIMILE). NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL
ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE MEETING.