CITY OF DANA POINT
LIFOR
CITY COUNCIL TUESDAY
REGULAR
JANUARY 17, 2023
MEETING
4:30 P.M.
MINUTES
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 23-01
CALL TO ORDER
The Regular Meeting of the City Council of the City of Dana Point, California, was called to order by Mayor Mike Frost at 4:30 p.m. in the City Council Chambers, 33282 Golden Lantern, Dana Point.
ROLL CALL OF CITY COUNCIL MEMBERS:
Mike Frost, Mayor
Jamey M. Federico, Mayor Pro Tem
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-
CU-TT-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
City of Dana Point
City Council Regular Meeting Minutes January 17, 2023
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (2 cases) Mayor Frost recessed the meeting into a Closed Session at 4:31 p.m. pursuant to Government Code Section 54957.
RECESS OF CITY COUNCIL MEETING
RECONVENE CITY COUNCIL MEETING
Mayor Frost reconvened the meeting at 5:06 p.m.
Toni Nelson (Capistrano Beach) encouraged the Council to accept the California Coastal Commission's recommended cap of 66 un-hosted short-term rentals in the Coastal Zone.
Kim Tarantino (Capistrano Beach) requested that the City's zoning code language be clarified before the new short-term rental program becomes operational and encouraged the Council to direct staff to develop a detailed implementation plan and create a subcommittee to help streamline program implementation.
Mayor Frost recessed the meeting into a Closed Session at 5:11 p.m. pursuant to Government Code Section 54957.
RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
Mayor Frost reconvened the meeting at 6:01 p.m.
STAFF PRESENT: Michael A. Killebrew, City Manager; Kelly Reenders, Assistant City Manager; Patrick Munoz, City Attorney; Shayna Sharke, City Clerk; KC Calder, Administrative Sergeant; Brenda Wisneski, Director of Community Development; Matthew Sinacori, Director of Public Works/City Engineer; James Shadle, Director of General Services; and Jaimie To, Senior Management Analyst.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Federico.
INVOCATION
There was no Invocation.
PRESENTATIONS AND PROCLAMATIONS
Employee of the Quarter
Mayor Frost presented a Certificate of Recognition to Belinda Deines, Principal Planner. 2 City of Dana Point
City Council Regular Meeting Minutes January 17, 2023
READING OF ORDINANCE TITLES
There were no Ordinance titles.
- CONSENT CALENDAR
Council Member Villar thanked staff for their efforts in developing Item 13 and pointed out all of the upcoming events on the calendar.
IT WAS MOVED BY COUNCIL MEMBER VILLAR, SECONDED BY MAYOR PRO TEM FEDERICO, THAT THE RECOMMENDATIONS BE ACCEPTED FOR ALL ITEMS ON THE CONSENT CALENDAR.
The motion carried by the following vote:
AYES: Council Member Gabbard, Council Member Pagano, Council Member Villar, Mayor Pro Tem Federico. , and Mayor Frost
NOES: None
ABSENT: None
1. WAIVE THE READING OF ORDINANCES AND APPROVE READING BY TITLE ONLY
APPROVED THE READING BY TITLE ONLY OF ALL ORDINANCES AND THAT FURTHER READING OF SUCH ORDINANCES BE WAIVED.
2. REGULAR MEETING MINUTES, DECEMBER 6, 2022
APPROVED THE MINUTES.
3. PLANNING COMMISSION MEETING MINUTES, NOVEMBER 28, 2022 RECEIVED AND FILED.
4. YOUTH BOARD MEETING MINUTES, OCTOBER 20, 2022
RECEIVED AND FILED.
5. YOUTH BOARD MEETING MINUTES, NOVEMBER 17, 2022
RECEIVED AND FILED.
6. MEETING CALENDAR / COMMUNITY SPECIAL EVENTS CALENDAR RECEIVED AND FILED.
7. CITY TREASURER'S REPORT, NOVEMBER 2022
RECEIVED AND FILED THE CITY TREASURER'S REPORT, NOVEMBER 2022. 3 City of Dana Point
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8. CLAIMS AND DEMANDS
RECEIVED AND FILED THE CLAIMS AND DEMANDS.
9. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022
RECEIVED AND FILED THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022.
10. DEVELOPMENT UPDATE
RECEIVED AND FILED THE DEVELOPMENT UPDATE.
11. CITY COUNCIL 2023 MEETING SCHEDULE
APPROVED THE 2023 CITY COUNCIL MEETING SCHEDULE.
12. RECRUITMENT FOR THE PLANNING COMMISSION AND TRAFFIC IMPROVEMENT
SUBCOMMITTEE
DIRECTED STAFF TO PROCEED WITH THE RECRUITMENT FOR PLANNING COMMISSION AND TRAFFIC IMPROVEMENT SUBCOMMITTEE.
13. 2023 SPECIAL EVENTS CALENDAR AND CONCERT SERIES CONTRACTS) THE CITY COUNCIL:
1. APPROVED THE SPECIAL EVENT CALENDAR FOR 2023 WITH THE RECOMMENDED VENUES; AND
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
AUTHORIZED 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
RECEIVED AND FILED THE CODE ENFORCEMENT OPERATIONS AND STRATEGIC PLAN UPDATE.
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PUBLIC COMMENTS
Lucinda Salinas (Laguna Niguel, Monarch Beach Sunrise Rotary) stated that Sleigh the Holidays was a successful new holiday event that raised $3,000 for the Rotary.
Todd Wallin (Dana Point, DPEAC) provided an update on the Dana Point Film Festival and asked for public screening funds from the City to screen Endless Summer 60* Anniversary, Birth of Endless Summer, and 40 hours of movies.
Maria Elena Banks (Dana Point, Arts & Culture Commission) thanked the Council and Rotary for their support of Sleigh the Holidays.
Joy Rossello (Dana Point) spoke of a neighborhood nuisance in Doheny Village regarding oversized commercial vehicles and asked the Council for help in resolving the issue.
Larry White (Dana Point) spoke regarding Creekside Dog Park issues with maintenance and lack of trees/shade, as well as the benefits of adding traffic circles and rebuilding historical Quonset huts in the Sherrie Adcock (Dana Point) spoke regarding Creekside Dog Park and getting trees replaced, as well as safety issues in the community.
PUBLIC HEARINGS
There were no Public Hearings.
UNFINISHED BUSINESS
16. APPOINTMENT TO THE OCEAN WATER QUALITY SUBCOMMITTEE AND PLANNING
COMMISSION
City Clerk Shayna Sharke provided a staff report.
Katie Armstrong introduced herself to the City Council.
IT WAS MOVED BY MAYOR PRO TEM FEDERICO, SECONDED BY COUNCIL MEMBER
VILLAR, TO APPOINT KATIE ARMSTRONG TO THE OCEAN WATER QUALITY
SUBCOMMITTEE
The motion carried by the following vote:
AYES: Council Member Gabbard, Council Member Pagano, Council Member Villar, Mayor Pro Tem Federico, and Mayor Frost
NOES: None
ABSENT: None
The City Council interviewed the following applicants for one (1) position on the Planning Commission:
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• Roland Sansone
• Richard Michaels
• Abigail Margolle
• Philip Vandermost
• Nickolas St. George
Discussion ensued.
RECESS OF CITY COUNCIL MEETING
Mayor Frost recessed the meeting for a five-minute break at 7:14 p.m.
RECONVENE CITY COUNCIL MEETING
Mayor Frost reconvened the meeting at 7:19 p.m.
Discussion ensued.
City Clerk Shayna Sharke read into the record the votes of the City Council, with the majority of votes tor Abigail Margolle.
IT WAS MOVED BY COUNCIL MEMBER VILLAR, SECONDED BY MAYOR PRO TEM FEDERICO, TO APPOINT ABIGAIL MARGOLLE TO THE PLANNING COMMISSION.
The motion carried by the following vote:
AYES: Council Member Gabbard, Council Member Pagano, Council Member Villar, Mayor Pro Tem Federico, and Mayor Frost
NOES: None
ABSENT: None
NEW BUSINESS
17.2022 COMMUNITY SURVEY RESULTS
City Manager Michael Killebrew introduced the item.
Adam Sonenshein (FM3 Research) provided a presentation on the 2022 Dana Point Community Survey and answered questions of the Council.
18. STRATEGIC PLAN REVIEW - PERFORMANCE MEASURES
Senior Management Analyst Jaimie To provided a staff report.
Assistant City Manager Kelly Reenders answered questions of the Council. 6 City of Dana Point
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Discussion ensued.
THE CITY COUNCIL RECEIVED AND FILED THE UPDATE ON STRATEGIC PLAN MEASUREMENTS.
19. CITY COUNCIL APPOINTED REPRESENTATIVES AND CITY COMMISSIONS, COMMITTEES,
SUBCOMMITTEES AND TASK FORCES
City Clerk Shayna Sharke provided a staff report.
Discussion ensued.
IT WAS MOVED BY MAYOR FROST, SECONDED BY COUNCIL MEMBER GABBARD, THAT THE CITY COUNCIL:
1) APPROVE THE MAYOR'S SUGGESTED APPOINTMENTS OF CITY COUNCIL
REPRESENTATIVES TO OUTSIDE AGENCIES AND TASK FORCES, WITH THE
EXCEPTION OF COUNCIL MEMBER PAGANO SERVING ON THE FINANCIAL REVIEW COMMITTEE IN LIEU OF MAYOR PRO TEM FEDERICO; COUNCIL MEMBER VILLAR SERVING AT SONGS; AND THE REMAINING APPOINTMENTS TO BE DETERMINED DURING COUNCIL DISCUSSION.
2) APPROVE APPOINTMENTS TO CITY COMMITTEES, SUBCOMMITTEES AND TASK FORCES; AND
3) DIRECT STAFF TO NOTIFY AFFECTED AGENCIES AS NECESSARY; AND 4) ADOPT RESOLUTION 23-01-17-01 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
The motion carried by the following vote:
AYES: Council Member Gabbard, Council Member Pagano, Council Member Villar, Mayor Pro Tem Federico, and Mayor Frost
~ NOES: None
ABSENT: None
COUNCIL REPORTS, INCLUDING CITY RELATED MEETINGS ATTENDED Council Member Gabbard turned in his list of meetings attended to the City Clerk.
Council Member Pagano stated he has not attended any meetings and shared his thoughts and prayers for Evan McMillin who recently passed away.
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Council Member Villar turned in his list of meetings attended to the City Clerk.
Mayor Pro Tem Federico turned in his list of meetings attended to the City Clerk and stated the Pet Project Foundation is beginning construction to renovate the dog kennels at the San Clemente-Dana Point Animal Shelter.
Mayor Frost stated he will turn in his list of meetings attended to the City Clerk and spoke about signing the Sister Cities agreement with Sorrento, Italy and thanked those involved in the effort.
STAFF REPORTS
City Manager Michael A. Killebrew stated he had nothing to report.
City Attorney Patrick Munoz shared that Heather Johnston has been appointed as the new Executive Director of Visit Dana Point.
PUBLIC COMMENTS (CONTINUED)
Terry Rifkin (Dana Point, Dana Point 5' Marine Regiment Support Group) spoke about Hank Snyder and honored his memory.
Mayor Frost spoke about Hank Snyder and his contributions to the community and adjourned the meeting back into closed session in his honor.
RECESS OF CITY COUNCIL MEETING TO CLOSED SESSION AT 8:33 P.M.
RECONVENE CITY COUNCIL MEETING AT 9:59 P.M.
There were no reportable items.
ADJOURNMENT
There being no further business before the City Council at this session, Mayor Frost adjourned the meeting at 9:59 p.m. in honor of Hank Snyder. He announced that 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.
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SHAYNA SHARKE
CITY CLERK
APPROVED AT THE MEETING OF FEBRUARY 7, 2023
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Meetings attended since December 7, 2023
Mayor Mike Frost
12/07/2022 Ribbon Cutting Young Beach Schack
~ 12/07/2022 Ribbon Cutting Berkshire Hathaway
12/10/2022 Boat Parade
12/14/2022 City Auditor Call
12/15/2022 Orange County Housing and Community Development Committee 12/15/2022 Dana Point Chamber Holiday Mixer
12/17/2022 Dana Point Police Services Holiday Party
12/21/2022 Janet Nguyen Swearing in Ceremony
01/10/2023 Katrina Foley Swearing in Ceremony
01/12/2023 Dana Point Harbor Boat Parade Awards Ceremony 01/13/2023 Sister Cities Friendship Agreement
Mayor Pro Tem Jamey M. Federico
12/09/2022 Boat Parade
12/14/2022 OCHFT
01/09/2023 OCTA
01/11/2023 ACC-OC
01/13/2023 Dana Point Sister Cities MOU Signing Ceremony Council Member John Gabbard
12/07/2022 Young's Beach Shack Ribbon Cutting
12/15/2022 Chamber of Commerce Holiday Mixer
12/17/2022 Dana Point Police Services Appreciation Party 12/18/2022 La Plaza Menorah Lighting
12/21/2022 Senator Janet Nguyen Oath of Office
01/10/2023 Supervisor Katrina Foley Oath of Office
01/12/2023 ACC-OC Newly Elected Councilmember Training
Council Member Matthew Pagano
No meetings to report.
Council Member Michael Villar
01/12/2023 Ethics Training