MINUTES
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 23-04
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
STAFF PRESENT: Michael A. Killebrew, City Manager; Kelly Reenders, Assistant City Manager; Patrick Munoz, City Attorney; Shayna Sharke, City Clerk; Captain Todd Hylton; Sea Shelton, Director of Administrative Services; Matthew Sinacori, Director of Public Works/City Engineer; James Shadle, Director of General Services, Joe Romero, Building Official; John Ciampa, Senior Planner; and Jaimie To, Senior Management Analyst.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (1 case)
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Government Code § 54957 Title: City Attorney
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.
CITY COUNCIL
REGULAR
MEETING
TUESDAY
JUNE 20, 2023
5:00 P.M.
City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
2 RECONVENE CITY COUNCIL MEETING
Mayor Frost reconvened the meeting at 6:06 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Villar.
INVOCATION
PRESENTATIONS AND PROCLAMATIONS
Project Bike Love Presentation
Mayor Frost invited Dania Arteaga and Gabriela Cruz from the Dana Point Youth Board to present a donation to Belen Ramirez, Melissa Chabot, and Alyssa Gonzalez of Project Bike Love.
Teacher of the Year
Mayor Frost and Council Member Villar presented Bryn Stamos, Palisades Elementary School Teacher of the Year, with a Certificate of Recognition.
READING OF ORDINANCE TITLES
City Clerk Sharke read three (3) Ordinance titles.
CONSENT CALENDAR
Council Member John Gabbard removed Item 9 from the Consent Calendar.
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 9.
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. SPECIAL MEETING MINUTES, MAY 30, 2023
APPROVE THE MINUTES.
City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
3 3. REGULAR MEETING MINUTES, JUNE 6, 2023
APPROVE THE MINUTES.
4. PLANNING COMMISSION MEETING MINUTES, MAY 22, 2023
RECEIVED AND FILED THE MINUTES.
5. CLAIMS AND DEMANDS
RECEIVED AND FILED THE CLAIMS AND DEMANDS.
6. TREASURER’S REPORT, MAY 2023
RECEIVED AND FILED THE TREASURER’S REPORT FOR MAY 2023.
7. DEVELOPMENT UPDATE
RECEIVED AND FILED THE DEVELOPMENT UPDATE.
8. POLICE SERVICES UPDATE
RECEIVED AND FILED THE POLICE SERVICES UPDATE.
9. AWARD OF A CONTRACT FOR THE CONSTRUCTION OF THE SLURRY SEAL FY22/23
PROJECT
Item 9 was removed from the Consent Calendar by Council Member Gabbard.
Director of Public Works Matthew Sinacori provided a staff report.
Discussion ensued.
IT WAS MOVED BY MAYOR FROST, SECONDED BY COUNCIL MEMBER GABBARD, THAT THE CITY COUNCIL:
1) APPROVE THE AWARD OF A CONTRACT TO ROY ALLAN SLURRY SEAL, INC. FOR THE CONSTRUCTION OF THE SLURRY SEAL FY 22/23 PROJECT (PROJECT); AND 2) AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO SIGN AND ADMINISTER THE
SUBJECT CONTRACT AND APPROVED ADDITIONAL PAYMENT FOR CHANGE ORDERS, AND CONTINGENCIES AS OUTLINED IN THE FISCAL IMPACT SECTION; AND 3) AUTHORIZE ADDITIONAL MATERIALS INSPECTION AND TESTING SERVICES, PAVEMENT
DESIGN REVIEW SERVICES, AND UTILITY POTHOLING PER THE AS-NEEDED
CONSULTANT SERVICES AGREEMENT WITH GMU GEOTECHNICAL AS OUTLINED IN THE FISCAL IMPACT SECTION.
City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
4 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
10. AWARD OF CONTRACT FOR STORM WATER BEST MANAGEMENT PRACTICE (BMP)
MAINTENTANCE SERVICES AND AS-NEEDED SPILL RESPONSE
1) APPROVED A CONTRACT AGREEMENT WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC. FOR STORM WATER BEST MANAGEMENT PRACTICE (BMP) MAINTENANCE SERVICES AND AS-NEEDED SPILL RESPONSE; AND
2) AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT.
11. SECOND READING AND ADOPT AND ORDINANCE AMENDING DANA POINT MUNICIPAL CODE TITLE 13
HELD A SECOND READING AND ADOPTED AN ORDINANCE OF THE CITY OF DANA POINT ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA AMENDING IN ITS ENTIRETY TITLE 13 OF THE DANA POINT MUNICIPAL CODE
PERTAINING TO THE REGULATION OF PARKS AND RECREATIONAL FACILITIES
12. INTERVENTION SPECIALIST AGREEMENT FOR FY 2023-2024
1) AUTHORIZED THE CITY MANAGER TO APPROVE A CONTRACT FOR CONSULTANT SERVICES FOR THE INTERVENTION SPECIALIST PROGRAM FOR FY 2023-2024; AND 2) APPROVED ONE, ONE-YEAR RENEWAL IN ACCORDANCE WITH THE FISCAL IMPACT SECTION.
13. RECRUITMENT FOR THE PLANNING COMMISSION
DIRECTED STAFF TO PROCEED WITH THE RECRUITMENT OF ONE (1) PLANNING COMMISSION MEMBER.
14. FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL
BAKER INTERNATIONAL FOR PREPARATION OF THE VICTORIA BOULEVARD SPECIFIC
PLAN ENVIRONMENTAL IMPACT REPORT
AUTHORIZED THE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT WITH MICHAEL BAKER INTERNATIONAL – FOURTH AMENDMENT TO AGREEMENT FOR ADDITIONAL FUNDING, WITH A REVISED CONTRACT AMOUNT.
City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
5 15. PLAN DANA POINT: GENERAL PLAN VISIONING STATUS UPDATE RECEIVED AND FILED THE STATUS UPDATE.
16. CONTRACT WITH MARBO PRODUCTIONS FOR DOHENY VILLAGE RAMPS AND REELS EVENT
AUTHORIZED THE CITY MANAGER OR HIS DESIGNEE TO CONTRACT WITH MARBO
PRODUCTIONS TO INSTALL AND MANAGE A PROFESSIONAL, TEMPORARY SKATE COURSE IN DOHENY VILLAGE FOR A TWO-DAY EVENT TAKING PLACE AUGUST 11 AND
12. 17. PERMIT FEE WAIVER FOR OUTDOOR DINING STRUCTURE
WAIVED PERMIT FEES FOR OLAMENDI’S MEXICAN RESTAURANT TO SUBMIT AN
APPLICATION FOR A COASTAL DEVELOPMENT PERMIT TO CONSTRUCT AN OUTDOOR DINING STRUCTURE.
PUBLIC COMMENTS
Vickie McMurchie (Dana Point Chamber of Commerce) praised the non-profit symposium hosted by the City, stating that resources were shared and it had great community impact.
PUBLIC HEARINGS
18. AMENDMENT TO THE DANA POINT MUNICIPAL CODE TITLE 8 BUILDINGS AND
CONSTRUCTION
Building Official Joe Romero provided a staff report.
Mayor Frost opened the Public Hearing at 6:32 p.m.
There were no Public Comments.
Mayor Frost closed the Public Hearing at 6:32 p.m.
Discussion ensued.
IT WAS MOVED BY COUNCIL MEMBER GABBARD, SECONDED BY COUNCIL MEMBER PAGANO
THAT THE CITY COUNCIL INTRODUCE AND HOLD FOR A FIRST READING AN ORDINANCE ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING CHAPTER 8.02.010 OF TITLE 8 OF THE DANA POINT MUNICIPAL CODE City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
6 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
19. ZONE TEXT AMENDMENT ZTA23-0001 TO MODIFY THE ZONING CODE SECTION 9.07.210
RELATED TO ACCESSORY DWELLING UNITS AND ADOPTION OF ASSOCIATED
RESOLUTION
Senior Planner John Ciampa provided a staff report.
Mayor Frost opened the Public Hearing at 6:47 p.m.
Jeremy Hohnbaum (Dana Point) requested additional parking enforcement for driveway blocking and non-conforming driveways and stated that parking is a perceived issue.
Mayor Frost closed the Public Hearing at 6:50 p.m.
IT WAS MOVED BY MAYOR FROST, SECONDED BY COUNCIL MEMBER PAGANO, THAT THE CITY COUNCIL INTRODUCE FOR A FIRST READING OF AN ORDINANCE ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT ZTA23-0001 TO MODIFY THE ZONING CODE SECTION 9.07.210 RELATED TO ACCESSORY DWELLING UNITS
WITH THE DELETION OF SECTION 9.07.210.F9(e)6
Discussion ensued.
COUNCIL MEMBER PAGANO WITHDREW HIS SECOND.
Discussion ensued.
MAYOR PRO TEM FEDERICO SECONDED THE MOTION.
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
City Attorney Patrick Munoz clarified the motion.
Discussion ensued.
City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
7 IT WAS MOVED BY MAYOR FROST, SECONDED BY COUNCIL MEMBER GABBARD, THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT ZTA ZTA23-0001 TO MODIFY THE ZONING
CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
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
UNFINISHED BUSINESS
20. DIGITAL INFRASTRUCTURE AND CITYWIDE ASSESSMENT FINDINGS Director of Public Works and Engineering Matthew Sinacori, Al Brown and Nathan Rosenberg of Smartwave Technologies provided a staff report and answered questions of City Council.
There were no Public Comments.
Discussion ensued.
IT WAS MOVED BY MAYOR FROST SECONDED BY MAYOR PRO TEM FEDERICO THAT THE CITY COUNCIL:
1) RECEIVE AND FILE THE MEMORANDUM FROM THE BROADBAND GROUP
SUMMARIZING THEIR FINDINGS FROM THE DIGITAL INFRASTRUCTURE ASSESSMENT
AND THE CELLULAR COVERAGE SURVEY AND ANALYSIS AND
2) AUTHORIZE THE CITY MANAGER TO PROCESS A STANDARD CONSULTANT SERVICES
AGREEMENT (INCLUDING NON-SUBSTANTIVE CHANGES) WITH SMART WAVE TECHNOLOGIES LLC TO DELIVER AND MANAGE A PUBLIC WI-FI SYSTEM ON DEL PRADO.
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
City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
8 NEW BUSINESS
21. AUTHORIZE STAFF TO ESTABLISH AN ARTS AND CULTURE AMBASSADOR PROGRAM
AND DISSOLVE THE ARTS AND CULTURE COMMISSION
Mayor Pro Tem Federico provided a report.
Mayor Frost opened public comments.
Maria Elena Banks (Arts and Culture Commissioner) spoke regarding her passion for the Arts and Culture Commission and clarified that the Ambassador Program would have support of the City as the Commission did.
Laura Smith-Hatch (Arts and Culture Commissioner) spoke in support of the Ambassador Program concept, but shared her concerns for a gap in service.
Kimberly Williams (Arts and Culture Commission Ex-Officio Member) spoke in favor of the Ambassador Program.
Karin Schnell (Arts and Culture Commissioner) shared her concerns regarding the Ambassador Program.
Discussion ensued.
IT WAS MOVED BY MAYOR PRO TEM FEDERICO SECONDED BY COUNCIL MEMBER GABBARD THAT THE CITY COUNCIL:
1) AUTHORIZE STAFF TO ESTABLISH AN ARTS AND CULTURE AMBASSADOR PROGRAM; AND
2) ADOPT RESOLUTION ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT CALIFORNIA,
DISSOLVING THE ARTS AND CULTURE COMMISSION
The motion carried by the following vote:
AYES: Council Member Gabbard, Council Member Pagano, Council Member Villar, and Mayor Pro Tem Federico
NOES: Mayor Frost
ABSENT: None
22. ORANGE COUNTY HISTORIC COMMISSION PLAQUE APPLICATION FOR PINES PARK
AND PALISADES GAZEBO PARK
Senior Planner John Ciampa provided a staff report and answered questions of the City Council.
Mayor Frost opened public comments.
City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
9 Keith Johannes (Dana Point Historical Society) provided history of the park and gazebo and encouraged the Council to approve the recommended action.
Discussion ensued.
Barbara Johannes (Dana Point Historical Society / Orange County Historical Commission) answered questions of the City Council.
IT WAS MOVED BY MAYOR FROST SECONDED BY COUNCIL MEMBER PAGANO THAT THE CITY
COUNCIL THAT THE CITY COUNCIL AUTHORIZE THE DIRECTOR OF COMMUNITY
DEVELOPMENT TO SUBMIT TWO ORANGE COUNTY HISTORICAL COMMISSION (OCHC)
PLAQUE APPLICATIONS FOR PINES PARK AND PALISADES GAZEBO PARK 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
PUBLIC COMMENTS (Continued)
COUNCIL REPORTS, INCLUDING CITY RELATED MEETINGS ATTENDED Council Member Gabbard stated that he has turned in his list of meetings attended to the City Clerk.
Council Member Pagano stated that he will turn in his list of meetings attended to the City Clerk.
Council Member Villar stated that he has turned in his list of meetings attended to the City Clerk.
Mayor Pro Tem Federico stated that he will turn in his list of meetings attended to the City Clerk and spoke regarding the Pet Project Foundation hosted event.
Mayor Frost stated that he will turn in his list of meetings attended to the City Clerk.
STAFF REPORTS
City Manager Michael Killebrew invited the public to upcoming events.
City Attorney Patrick Muñoz stated that he had nothing to report.
ADJOURNMENT
There being no further business before the City Council at this session, Mayor Frost adjourned the meeting at 8:48 p.m. He announced that the next Regular Meeting of the City Council will be July 18, 2023, at 5:00 p.m. in the City Council Chamber located at 33282 Golden Lantern, Suite 210, Dana Point, California.
City of Dana Point
City Council Regular Meeting Agenda June 20, 2023
10 ___________________________
SHAYNA SHARKE, CITY CLERK
APPROVED AT THE MEETING OF JULY 18, 2023
Meetings attended since June 7, 2023
Mayor Mike Frost
Mayor Pro Tem Jamey M. Federico
06/08/2023 TCA
06/11/2023 ArtFest
06/12/2023 OCTA
06/12/2023 Dana Point 5th Marines Support Group Golf Tournament 06/14/2023 OCTA
Council Member John Gabbard
06/07/2023 Foothill/ETCA Board Meeting
06/12/2023 Dana Point 5th Marines Support Group Golf Tournament 06/19/2023 Victoria Blvd Update with Toll Brothers
06/20/2023 Niguel Shores Men’s Club Budget and Mariner Apartment Update Council Member Matthew Pagano
Council Member Michael Villar
No meetings.