CITY OF DAMA POINT
LIFOR
CITY COUNCIL TUESDAY
REGULAR
NOVEMBER 21, 2023
MEETING
5:00 P.M.
MINUTES
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 23-08
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 - ABSENT
STAFF PRESENT: Michael A. Killebrew, 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; Brenda Wisneski, Director of Community Development; James Shadle, Director of General Services; Jeff Rosaler, Deputy Director of Community Services; Belinda Deines, Principal Planner; John Ciampa, Principal Planner; Ray Oropeza, Code Enforcement Supervisor; and Jaimie To, Senior Management Analyst.
CLOSED SESSION
A. 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 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 Agenda November 21, 2023
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Gabbard
INVOCATION
PRESENTATIONS AND PROCLAMATIONS
None.
READING OF ORDINANCE TITLES
City Clerk Shayna Sharke read one (1) Ordinance title.
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.
The motion carried by the following vote:
AYES: Council Member Gabbard, Council Member Pagano, Mayor Pro Tem Federico, and Mayor Frost
NOES: None
ABSENT: Council Member Villar
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, NOVEMBER 7, 2023
APPROVED THE MINUTES.
3. TRAFFIC IMPROVEMENT SUBCOMMITTEE MINUTES, AUGUST 24, 2023 -
RECEIVED AND FILED THE MINUTES.
4. YOUTH BOARD MEETING MINUTES, MAY 18, 2023
RECEIVED AND FILED THE MINUTES.
CLAIMS AND DEMANDS
RECEIVED AND FILED THE CLAIMS AND DEMANDS.
2 City of Dana Point
City Council Regular Meeting Agenda November 21, 2023
TREASURER'S REPORT, OCTOBER 2023
RECEIVED AND FILED THE TREASURER'S REPORT FOR OCTOBER, 2023. - 7. DEVELOPMENT UPDATE WITH QUARTERLY REPORT
RECEIVED AND FILED THE REPORT.
DISPOSITION OF NON-ESSENTIAL CITY RECORDS
APPROVED THE 2023 DISPOSITION OF NON-ESSENTIAL CITY RECORDS IN
ACCORDANCE WITH CALIFORNIA STATE LAW AND THE CITY'S APPROVED RECORDS RETENTION SCHEDULE AND ADOPTED RESOLUTION 23-11-21-01 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT,
CALIFORNIA, AUTHORIZING THE DISPOSITION OF CERTAIN INACTIVE CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA
9. MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2022-2023 1) ADOPTED RESOLUTION 23-11-21-02 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, CONCERNING THE MEASURE M (M2) EXPENDITURE REPORT FOR THE CITY OF DANA POINT FOR FISCAL YEAR 2022-2023; AND
2) AUTHORIZED THE MAYOR TO SIGN THE RESOLUTION ON BEHALF OF THE CITY; 3) DIRECTED STAFF TO SUBMIT THE ADOPTED RESOLUTION AND M2 EXPENDITURE REPORT FOR FISCAL YEAR 2022-2023 FOR THE CITY OF DANA POINT TO THE ORANGE
COUNTY TRANSPORTATION AUTHORITY (OCTA) TO MAINTAIN ELIGIBILITY IN THE MEASURE M (M2) PROGRAM.
PUBLIC COMMENTS
Betty Hill (Dana Point) announced a citizen's short-term rental initiative and provided a handout to the City Council.
Terry Rifkin (Dana Point, 5'h Marine Support Group) spoke regarding a proposed sculpture in Heritage Park to honor Marines, Navy Corpsmen, and families of the 5'h Marine Regiment, and provided a handout to the City Council.
Mayor Pro Tem Federico suggested that Staff work with the 5'h Marine Support Group on the project. 3 City of Dana Point
City Council Regular Meeting Agenda November 21, 2023
PUBLIC HEARINGS
10. PROPOSED UPDATES TO THE PARK USE POLICY AND ASSOCIATED PARK RENTAL Deputy Director of Community Services Jeff Rosaler provided a staff report.
Mayor Frost opened the Public Hearing at 6:25 p.m.
There were no Public Comments.
Discussion ensued.
Mayor Frost continued the Public Hearing to January 16, 2024.
11. LOCAL COASTAL PROGRAM AMENDMENT LCPA23-0001 AND ZONE TEXT AMENDMENT ZTA22-0002 TO AMEND THE ZONING CODE TO COMPLY WITH STATE HOUSING LAWS
AND CITY'S HOUSING ELEMENT
Principal Planner Belinda Deines 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 MAYOR FROST, SECONDED BY COUNCIL MEMBER GABBARD, THAT THE CITY COUNCIL:
1) ADOPT RESOLUTION 23-11-21-03 APPROVING AND REQUESTING CERTIFICATION OF LCPA23-0001 FROM THE CALIFORNIA COASTAL COMMISSION:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING LOCAL COASTAL PROGRAM AMENDMENT LCPA23-0001 AND SUBMISSION OF ZTA22-0002 AS LOCAL COASTAL PROGRAM AMENDMENT LCPA23.* 0001 FOR APPROVAL AND CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION; AND
2) INTRODUCE FOR FIRST READING AN ORDINANCE ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT ZTA22-0002 TO AMEND THE ZONING
ORDINANCE IN COMPLIANCE WITH STATE HOUSING LAWS AND SUBMISSION AS 4 City of Dana Point
City Council Regular Meeting Agenda November 21, 2023
PART OF LOCAL COASTAL PROGRAM AMENDMENT LCPA23-0001 FOR APPROVAL
AND CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION
The motion carried by the following vote:
~ AYES: Council Member Gabbard, Council Member Pagano, Mayor Pro Tem Federico, and Mayor Frost
NOES: None
ABSENT: Council Member Villar
UNFINISHED BUSINESS
12. SHORT-TERM RENTAL PROGRAM EVALUATION
Principal Planner John Ciampa and Code Enforcement Supervisor Ray Oropeza provided a staff report.
Discussion ensued.
City Clerk Shayna Sharke stated that two public comments were received via email and distributed to the City Council.
IT WAS MOVED BY MAYOR PRO TEM FEDERICO, SECONDED BY COUNCIL MEMBER PAGANO,
THAT THE CITY NOT ISSUE ANY ADDITIONAL PERMITS OUTSIDE OF THE COASTAL ZONE UNTIL STAFF RETURNS TO THE COUNCIL WITH A 2024 MID-YEAR PROGRAM EVALUATION, TO
INCLUDE COMPARATIVE DATA BETWEEN SHORT-TERM RENTAL AND NON-SHORT-TERM RENTAL ENFORCEMENT.
The motion carried by the following vote:
AYES: Cost Member Gabard, Council Member Pagano, Mayor Pro Tem roderico, and Mayor NOES: None
ABSENT: Council Member Villar
NEW BUSINESS
13. ADOPTION OF MEMORANDUM OF UNDERSTANDING WITH DANA POINT EMPLOYEES'
ASSOCIATION (DPEA) AND ADOPTION OF CERTAIN COMPENSATION AND BENEFITS
FOR NON-REPRESENTED EMPLOYES
Director of Administrative Services Sea Shelton provided a staff report.
Discussion ensued.
IT WAS MOVED BY MAYOR FROST, SECONDED BY COUNCIL MEMBER GABBARD, THAT THE CITY COUNCIL:
1) ADOPT RESOLUTION 23-11-21-04 ENTITLED:
5 ity of Dana Poit
ity Council Regular Meeting Agenc November 21, 2023
A RESOLUTION OF THE CITY COUNCIL OF THE OF DANA POINT,
CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DANA POINT AND THE DANA POINT EMPLOYEES'
ASSOCIATION
2) ADOPT RESOLUTION 23-11-21-05 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE OF DANA POINT,
CALIFORNIA, ADOPTING CERTAIN COMPENSATION AND BENEFITS FOR
NON-REPRESENTED EMPLOYEES
The motion carried by the following vote:
AYES: Council Member Gabbard, Council Member Pagano, Mayor Pro Tem Federico, and Mayor Frost
NOES: None
ABSENT: Council Member Villar
PUBLIC COMMENTS (Continued)
COUNCIL REPORTS, INCLUDING CITY RELATED MEETINGS ATTENDED Council Member Gabbard stated that he will turn in his list of meetings attended.
Council Member Pagano stated that he turned in in his list of meetings attended.
Mayor Pro Tem Federico stated that he turned in his list of meetings attended and shared that OCTA began a mid-range feasibility study of maintaining coastal tracks for the next 5-25 years.
Mayor Frost stated that he turned in his list of meetings attended and shared the success of the Senior Thanksgiving Luncheon and the direction of the Community Center. He also invited the community to the Turkey Trot Thanksgiving Morning.
STAFF REPORTS
City Manager Michael A. Killebrew wished everyone a Happy Thanksgiving and shared the 2024 Community Calendars are available at City Hall and the Community Center.
City Attorney Patrick Munoz stated he has nothing to report.
City of Dana Point
City Council Regular Meeting Agenda November 21, 2023
ADJOURNMENT
There being no further business before the City Council at this session, Mayor Frost adjourned the meeting at 7:08 p.m. He announced that the next Regular Meeting of the City Council will be December 5, 2023, at 5:00 p.m. in the City Council Chamber located at 33282 Golden Lantern, Suite 210, Dana Point, Calitornia.
Laurashl
SHAYNA SHARKE, CITY CLERK
APPROVED AT THE MEETING OF DECEMBER 5, 2023
City of Dana Point
City Council Regular Meeting Agenda November 21, 2023
Meetings attended since November 7, 2023
Mayor Mike Frost
11/08/2023 Board Meeting with Ocean Institute
11/09/2023 Ribbon Cutting at Monarch Beach Pet Supply
11/11/2023 Veteran's Day Ceremony
11/15/2023 OCHFT
11/15/2023 TCA Joint Toll Operations Meeting
11/15/2023 Coastal Cities Leadership Committee Meeting
Mayor Pro Tem Jamey M. Federico
11/09/2023 TCA Board
11/11/2023 Veteran's Day Ceremony
11/13/2023 OCTA Board
11/14/2023 Meeting with Dana Point Sister Cities
11/15/2023 OCTA Finance Committee
Council Member John Gabbard
10/05/2023 SCAG Committee and Regional Council Meeting
10/11/2023 Supervisor Foley Mayor Meeting
10/12/2023 TCA Joint Meeting
Council Member Matthew Pagano
No meetings to report.
Council Member Michael Villar
No meetings to report.
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