CITY OF DANA POINT
CITY COUNCIL
TUESDAY
REGULAR
FEBRUARY 21, 2023
MEETING
1989 5:00 P.M.
MINUTES
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 23-02
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 5:00 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 - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Government Code § 54956.9 (d) (1), (1 case)
a. City of DP v. Sunshine Group LLC (Seaside Inn), Orange County Superior Court Case No. 30-2017- 00915900
Mayor Frost recessed the meeting into a Closed Session at 5:01 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 6:00 p.m.
City of Dana Point
City Council Regular Meeting Minutes February 21, 2023
STAFF PRESENT: Michael A. Killebrew, City Manager; Kelly Reenders, Assistant City Manager; Patrick Munoz, City Attorney; Shayna Sharke, City Clerk; Commander Kirsten Monteleone; Brenda Wisneski, Director of Community Development; Matthew Sinacori, Director of Public Works/City Engineer; James Shadle, Director of General Services; Belinda Deines, Principal Planner; and Jaimie To, Senior Management Analyst.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Pagano.
INVOCATION
There was no Invocation.
PRESENTATIONS AND PROCLAMATIONS
Providence Mission Hospital
Seth Tiegen (Chief Executive Officer, Providence Mission Hospital) provided a presentation.
Business of the Quarter
Mayor Frost presented a Certificate of Recognition to Jake Palmer, Robling Mill & Supply.
Presentation Honoring Commander Kirsten Monteleone
Mayor Frost presented a Certificate of Recognition to Kirsten Monteleone.
Vickie McMurchie (Chamber of Commerce) thanked Kirsten and wished her luck in her new role.
Commander Rick Jauregui and Wayne Yost (VFW Post 9934) presented Kirsten with a Certificate of Recognition.
City Manager Michael A. Killebrew and Assistant City Manager Kelly Reenders presented Kirsten with a City Tile and Street Sign and thanked her for her hard work.
READING OF ORDINANCE TITLES
City Clerk Shayna Sharke read one (1) ordinance title.
CONSENT CALENDAR
ITEM 8 WAS PULLED MY COUNCIL MEMBER VILLAR.
IT WAS MOVED BY MAYOR FROST, SECONDED BY MAYOR PRO TEM FEDERICO, THAT THE
RECOMMENDATIONS BE ACCEPTED FOR ALL ITEMS ON THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 8.
The motion carried by the following vote:
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City Council Regular Meeting Minutes February 21, 2023
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, FEBRUARY 7, 2023
APPROVED THE MINUTES.
3. PLANNING COMMISSION MEETING MINUTES, JANUARY 9, 2023 RECEIVED AND FILED.
4. ARTS & CULTURE MEETING MINUTES, NOVEMBER 9, 2022
RECEIVED AND FILED.
5. CITY TREASURER'S REPORT, JANUARY 2023
RECEIVED AND FILED THE CITY TREASURER'S REPORT, JANUARY 2023.
6. CLAIMS AND DEMANDS
RECEIVED AND FILED THE CLAIMS AND DEMANDS.
7. DEVELOPMENT UPDATE
RECEIVED AND FILED THE DEVELOPMENT UPDATE.
8. INTRODUCTION OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE TITLE 12 Item 8 was pulled by Council.
Director of Public Works/City Engineer Matthew Sinacori provided a brief staff report.
Discussion ensued.
IT WAS MOVED BY MAYOR FROST, SECONDED BY COUNCIL MEMBER VILLAR, THAT THE CITY COUNCIL:
1) INTRODUCE AND HOLD THE FIRST READING OF AN ORDINANCE OF THE CITY OF DANA POINT AS FOLLOWS:
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City Council Regular Meeting Minutes February 21, 2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA AMENDING IN ITS ENTIRETY TITLE 12 OF THE DANA POINT MUNICIPAL CODE
PERTAINING TO THE REGULATION OF VEHICLES AND TRAFFIC
) DIRECT STAFF TO SCHEDULE A SECOND READING AND ADOPTION OF THE PROPOSED! RDINANCE AMENDING TITLE 12 FOR THE MARCH 7. 2023 REGULAR CITY COUNCI
MEETING
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
9. EMERGENCY PURCHASE OF AUTOMATIC EXTERNAL DEFIBRILLATORS FOR CITY
SHERIFF VEHICLES
RATIFIED THE CITY MANAGER'S PURCHASE OF TWENTY-THREE (23) AUTOMATIC
EXTERNAL DEFIBRILLATOR (AED) UNITS FOR ALL CITY-BASED ORANGE COUNTY SHERIFF'S VEHICLES.
PUBLIC COMMENTS
Larry Robinson (Dana Point) voiced his concerns regarding the scope and density of the proposed Victoria Boulevard Apartments and referenced the handout he brought showing Attachment 5 of the Draft EIR.
Brent Neumeyer (Capistrano Beach) voiced his concerns regarding the height of the proposed Victoria Boulevard Apartments and referenced the handout he brought.
Vickie McMurchie (Chamber of Commerce) spoke about the upcoming Festival of Whales activities.
PUBLIC HEARINGS
There were no Public Hearings.
UNFINISHED BUSINESS
10. PLAN DANA POINT - GENERAL PLAN VISIONING INTRODUCTION Principal Planner Belinda Deines introduced the item.
Diane Bathgate (RRM Design Group) provided a presentation. 4 City of Dana Point
City Council Regular Meeting Minutes February 21, 2023
Theresa C. Morrison (Newport Beach, Cagney Enterprises, LLC) referenced her ownership of Monarch Bay Plaza and stated she is looking forward to being involved in the General Plan Update process.
Discussion ensued.
• THE CITY COUNCIL PROVIDED FEEDBACK ON THE PROPOSED COMMUNITY ENGAGEMENT
PROGRAM FOR THE GENERAL PLAN VISIONING PHASE AND RECEIVED AND FILED THE PRESENTATION FROM RRM DESIGN GROUP.
NEW BUSINESS
11. AMENDMENT FOR STORM DRAIN MASTER PLAN UPDATE AND AUTHORIZATION OF
DESIGN SERVICES FOR A STORM DRAIN ON CALLE REAL/CALLE PORTOLA Council Member Villar recused himself at 7:10 p.m.
Director of Public Works/City Engineer Matthew Sinacori provided a staff report and answered questions of the Council.
Discussion ensued.
IT WAS MOVED BY MAYOR FROST, SECONDED BY MAYOR PRO TEM FEDERICO, THAT THE CITY COUNCIL:
1) APPROVE A SECOND AMENDMENT TO THE ORIGINAL AGREEMENT WITH GHD,
INCORPORATED (ACTION DOCUMENT A) FOR STORM DRAIN MASTER PLAN UPDATE (CIP #1332), AND APPROVE THE ASSOCIATED EXPENDITURES AS DESCRIBED IN THE FISCAL IMPACT SECTION; AND
2) AUTHORIZE THE CITY MANAGER TO SIGN A STANDARD CONSULTANT SERVICES AGREEMENI WITH GHD, INC. FOR FINAL ENGINEERING AND DESIGN OF A NEW
STORM DRAIN SYSTEM ON CALLE PORTOLA/CALLE REAL, AND APPROVE THE ASSOCIATED EXPENDITURES AS NOTED IN THE FISCAL IMPACT SECTION; AND 3) AUTHORIZE THE CITY MANAGER TO SIGN A STANDARD CONSULTANT SERVICES
AGREEMENT WITH WEST COAST CIVIL, INCORPORATED, TO DEVELOP
ASSOCIATED CIVIL ENGINEERING CONSTRUCTION DOCUMENTS FOR A NEW - STORM DRAIN SYSTEM ON CALLE PORTOLAICALLE REAL, AND APPROVE THE ASSOCIATED EXPENDITURES AS NOTED IN THE FISCAL IMPACT SECTION; AND 4) AUTHORIZE THE CITY MANAGER TO SIGN A STANDARD CONSULTANT SERVICES
AGREEMENT WITH WESTLAND GROUP, INCORPORATED FOR TOPOGRAPHIC
SURVEY SERVICES FOR A NEW STORM DRAIN SYSTEM ON CALLE PORTOLA/CALLE
REAL, AND APPROVE THE ASSOCIATED EXPENDITURE AS NOTED IN THE FISCAL IMPACT SECTION; AND
5) AUTHORIZE THE FUNDING TRANSFER AS NOTED IN THE FISCAL IMPACT SECTION. 5 City of Dana Point
City Council Regular Meeting Minutes February 21, 2023
Discussion ensued.
The motion carried by the following vote:
AYES: Council Member Gabbard, Council Member Pagano, Mayor Pro Tem Federico, and Mayor Frost
NOES: None
ABSENT: None
ABSTAIN: Council Member Villar
Council Member Villar re-entered Council Chambers at 7:15 p.m.
COUNCIL REPORTS, INCLUDING CITY RELATED MEETINGS ATTENDED Council Member Gabbard turned in his list of meetings attended to the City Clerk.
Council Member Pagano turned in his list of meetings attended to the City Clerk.
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 thanked Commander Monteleone for her service.
Mayor Frost stated he will turn in his list of meetings attended to the City Clerk.
STAFF REPORTS
Assistant City Attorney Jessica Sanders stated she had nothing to report.
City Manager Michael A. Killebrew introduced Captain Todd Hylton.
ADJOURNMENT
There being no further business before the City Council at this session, Mayor Frost adjourned the meeting at 7:20 p.m. in honor of Dr. Michael Mammone. He announced that the next Regular Meeting of the City Council will be March 7, 2023, at 5:00 p.m. in the City Council Chamber located at 33282 Golden Lantern, Suite 210, Dana Point, California.
Shanashh
HAYNA SHARKE
CITY CLERK
APPROVED AT THE MEETING OF MARCH 7, 2023
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City of Dana Point
City Council Regular Meeting Minutes February 21, 2023
Meetings attended since February 8, 2023
Mayor Mike Frost
Mayor Pro Tem Jamey M. Federico
02/08/2023 TCA Indoc
02/09/2023 TCA Board
02/09/2023 Dana Hills Girls Basketball Playoff Game
02/10/2023 OCTA Meeting with Staff
02/11/2023 Meeting with Assemblywoman Davies
02/13/2023 OCTA Board Meeting
02/16/2023 Chamber of Commerce Mixer
02/16/2023 Tip-A-Cop Fundraiser
Council Member John Gabbard
02/13/2023 CDP Process Meeting
02/15/2023 Emergency Operation Center Tour
02/15/2023 Dana Point Historical Society Annual Dinner
02/16/2023 ACC-OC Mass Shooting & Incident Preparedness Forum 02/16/2023 Tip-A-Cop Special Olympics Fundraiser
02/17/2023 Coastal Animal Services Authority Tour
Council Member Matthew Pagano
No meetings attended.
Council Member Michael Villar
02/13/2023 Tour of Seaside Inn