AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 23-07
Public comment may be provided in-person, electronically, or by mail. Comments may be submitted via mail Attn: City Clerk, 33282 Golden Lantern, Dana Point, CA 92629; or via email at [email protected]. In order to be provided to the City Council prior to the meeting, comments must be received by 4:00P.M. on the day of the meeting. All written comments should include the date of the meeting as well as reference to the Agenda Item number, if applicable. Written comments will not be read aloud during the meeting but will be included in the meeting record.
CALL TO ORDER
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), (3 cases) B. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Government Code § 54956.9 (c), (2 case)
C. CONFERENCE WITH LEGAL COUNSEL - LITIGATION STRATEGY REVIEW INCLUDING POTENTIAL DISCUSSION OF THE FOLLOWING EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (3 cases), AND POTENTIAL DISCUSSION OF ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (3 cases) a. City of DP v. Sunshine Group LLC (Seaside Inn), Orange County Superior Court Case No. 30-2017- 00915900
CITY COUNCIL
REGULAR
MEETING
TUESDAY
SEPTEMBER 19, 2023
5:00 P.M.
City of Dana Point
City Council Regular Meeting Agenda September 19, 2023
2 b. Concerned Residents of Dana Point vs. City of Dana Point Case No. 2019- 01117892-CUTT-CXC c. Center For Natural Lands Management v City of Dana Point, Orange County Superior Court Case No: 30-2021-01219668 CU-OR-CJC
D. CONFERENCE WITH LABOR NEGOTIATOR, Government Code § 54957.6 Agency Designated Representatives: City Manager
Unrepresented and Represented Employees: All positions in City RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS AND PROCLAMATIONS
Business of the Quarter - HŌM Dana Point
Hunger Action Month
Harbor Heroes
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.
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, JULY 18, 2023
RECOMMENDED ACTION: That the City Council approve the minutes.
City of Dana Point
City Council Regular Meeting Agenda September 19, 2023
3 3. PLANNING COMMISSION MEETING MINUTES, JULY 10, 2023 RECOMMENDED ACTION: That the City Council receive and file the minutes.
4. PLANNING COMMISSION MEETING MINUTES, AUGUST 14, 2023 RECOMMENDED ACTION: That the City Council receive and file the minutes.
5. TRAFFIC IMPROVEMENT SUBCOMMITTEE MEETING MINUTES, APRIL 6, 2023 RECOMMENDED ACTION: That the City Council receive and file the minutes.
6. CLAIMS AND DEMANDS
RECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.
7. TREASURER’S REPORT, JULY 2023
RECOMMENDED ACTION: That the City Council receive and file the Treasurer’s Report for July 2023.
8. DEVELOPMENT UPDATE
RECOMMENDED ACTION: That the City Council receive and file the report.
9. POLICE SERVICES UPDATE
RECOMMENDED ACTION: That the City receive and file the report.
10. CITY COUNCIL POLICY 235 – MUNICIPAL CODE REVEIW
RECOMMENDED ACTION: That the City Council adopt the proposed addition to the City Council Policy establishing a routine review of the Dana Point Municipal Code.
11. SENIOR SERVICES CONTRACT WITH AGE WELL SENIOR SERVICES FOR MEAL
SERVICES AND CASE MANAGEMENT
RECOMMENDED ACTION: That the City Council:
1) Ratify the Memorandum of Understanding (MOU) signed on August 22, 2023, between Age Well Senior Services Inc. and the City of Dana Point; and 2) Award a contract to Age Well and authorize the City Manager to execute the contract.
City of Dana Point
City Council Regular Meeting Agenda September 19, 2023
4 12. CITY COUNCIL APPOINT A REPRESENTATIVE TO THE ORANGE COUNTY HARBOR
ADVISORY COMMITTEE
RECOMMENDED ACTION: That the City Council:
1) Approve appointment of the current Mayor or Mayor’s designee to the Orange County Harbor Advisory Committee; and
2) Direct Staff to notify affected agencies as necessary.
13. PEG FEE FUNDS AUTHORIZATION
RECOMMENDED ACTION: That the City Council:
1) Authorize Staff to utilize a portion of the City’s Public, Educational, and Governmental (PEG) Fund fees to upgrade the audio and visual needs of the Ocean Institute’s Samueli Lecture Hall and Conference Center, City Council Chamber, and Emergency Operations Center; and, 2) Authorize the Mayor to enter a Memorandum of Understanding (MOU) between City of Dana Point and the Ocean Institute (OI) providing for occasional use of the Samueli Lecture Hall and Conference Center for City-related meetings and events at no charge, including the annual State of the City event, and credit the City as a title sponsor of the annual Maritime Festival for a period of 5 years.
14. ENVIRONMENTAL REVIEW AGREEMENT FOR THE STONEHILL DRIVE WIDENING
IMPROVEMENT PROJECT
RECOMMENDED ACTION: That the City Council authorize the City Manager to enter into a Standard Consultant Services Agreement (with any non-substantive modifications) with LSA Associates, Incorporated for the environmental review of the Stonehill Drive Widening Improvement Project.
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.
City of Dana Point
City Council Regular Meeting Agenda September 19, 2023
5 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.
PUBLIC HEARINGS
UNFINISHED BUSINESS
15. APPOINTMENT TO THE PLANNING COMMISSION
RECOMMENDED ACTION: That the City Council conduct interviews and consider an appointment to fill one (1) vacancy on the Planning Commission.
16. COMMUNITY BENEFIT DISTRICT FORMATION PROCESS FOR THE LANTERN DISTRICT RECOMMENDED ACTION: That the City Council:
1) Approve a contract with New City America for the formation a Community Benefit District (CBD) in the Lantern District; and
2) Authorize the City Manager to execute the agreement.
17. FISCAL YEAR 2022-23 (FY23) 4TH QUARTER FINANCIAL REPORT; PROPOSED FY24 CARRY-OVER BUDGET ADJUSTMENTS; HEALTH PLAN PROVISIONS FOR CALENDAR YEAR 2024; AND SALARY RANGES FOR REPRESENTED AND NON-REPRESENTED EMPLOYEE CLASSIFICATIONS; AND AMENDMENTS TO CITY’S CONFLICT OF INTEREST CODE
RECOMMENDED ACTION: That the City Council:
1. Receive and file the FY23 Financial Report for the quarter ended June 30, 2023; and
2. Amend the FY2023-24 (“FY24”) budget by authorizing the carry-over and appropriation of encumbered and unencumbered funds from FY23 to FY24, and authorize the FY24 revenue and expenditure amendments; and
3. Authorize an annual loan from the General Fund to the Coastal Transit Fund for the City’s Trolley program to ensure adequate funding until Orange County Transit Authority Project V grant funding is received by the City; and
4. Adopt a resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
MODIFYING HEALTH BENEFIT PLAN ALLOWANCES FOR ELIGIBLE REPRESENTED AND ELIGIBLE NON-REPRESENTED CLASSIFICATIONS; and
5. Adopt a resolution entitled:
City of Dana Point
City Council Regular Meeting Agenda September 19, 2023
6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
ESTABLISHING SALARY RANGES FOR REPRESENTED AND NON-REPRESENTED
CLASSIFICATIONS AND ADOPTING NEW JOB TITLES AND CLASS
SPECIFICATIONS; and
6. Adopt a resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING THE CITY’S CONFLICT OF INTEREST CODE
NEW BUSINESS
18. DPMC UPDATE REMAINING PORTIONS OF TITLE 1 GENERAL PROVISIONS AND TITLE 2
ADMINISTRATION AND PERSONNEL
RECOMMENDED ACTION: That the City Council receive, direct, discuss and advise on the proposed changes to remaining portions of Title 1 General Provisions and Title 2 Administration and Personnel Dana Point Municipal Code as part of the comprehensive review of the City’s Municipal Code.
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 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 October 3, 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, September 14, 2023, at 5:30 p.m.
City of Dana Point
City Council Regular Meeting Agenda September 19, 2023
7 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.