AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 24-01
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:
Jamey M. Federico, Mayor
Matthew Pagano, Mayor Pro Tem
Mike Frost, Council Member
John Gabbard, Council Member
Michael Villar, Council Member
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - LITIGATION STRATEGY REVIEW INCLUDING
POTENTIAL DISCUSSION OF ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (3 cases) AND THE FOLLOWING EXISTING LITIGATION, Government Code 54956.9 (d)(1), (5 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-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
CITY COUNCIL
REGULAR
MEETING
TUESDAY
MARCH 5, 2024
5:00 P.M.
City of Dana Point
City Council Regular Meeting Agenda March 5, 2024
2 d. Mitchell Carr vs. City of Dana Point, County of Orange (1973115) (Ironshore Claim No.:
SANCAS000317850) (AWNAC Ref. No.: 2021007664) (AWAC Ref. No.: 2021007660) e. City of Dana Point v. Paul Frederic Meyers, Trustee of the Meyers Family Trust, Orange County Superior Court Case No: 30-2022-01301502-CU-PT-CJC RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
League of California Cities – Connor Medina
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, FEBRUARY 6, 2024
RECOMMENDED ACTION: That the City Council approve the minutes.
3. PLANNING COMMISSION MEETING MINUTES, JANUARY 22, 2024 RECOMMENDED ACTION: That the City Council approve the minutes.
4. CITY TREASURER’S REPORT, JANUARY 2024
RECOMMENDED ACTION: That the City Council receive and file the City Treasurer’s Report, January 2024.
5. CLAIMS AND DEMANDS
RECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.
City of Dana Point
City Council Regular Meeting Agenda March 5, 2024
3 6. NAVIANT CONTRACT AMENDMENT
RECOMMENDED ACTION: That the City Council:
1) Authorize the City Manager or his designee to Execute a First Amendment to the Contract Agreement with Naviant, Inc.
2) Authorize the City Manager or his designee to renew the contract annually for two consecutive years with an annual increase of 7.5%.
7. AWARD OF CONTRACT FOR THE 4TH OF JULY AERIAL FIREWORKS DISPLAY AND BARGE
SERVICES
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute a contract with Garden State Fireworks, Inc., for the 2024 4th of July fireworks and barge services.
8. STAGE, SOUND AND LIGHTING CONTRACT FOR OC SHAKESBEER IN THE PARK AND
SUMMER CONCERT SERIES
RECOMMENDED ACTION: That the City Council:
1) Authorize the City Manager or his designee to execute a contract with Southern California Sound, Stage & Lighting Corporation for stage and sound for Concerts in the Park; and 2) Authorize the City Manager or his designee to execute a contract with Select Multimedia for stage, sound and lighting for OC ShakesBEER in the Park.
9. ROAD AND STORM DRAIN MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF ORANGE
RECOMMENDED ACTION: That the City Council approve the Cooperative Services Agreement between the City of Dana Point and the County of Orange for Road and Storm Drain Maintenance Services and authorize the City Manager or his designee to execute the Agreement.
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 City of Dana Point
City Council Regular Meeting Agenda March 5, 2024
4 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.
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
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
10.MID-FISCAL YEAR 2023-24 BUDGET STATUS REPORT
RECOMMENDED ACTION: That the City Council:
1) Receive and file the Mid-Fiscal Year 2023-24 Budget Status Report and authorize the budget amendments detailed within this report; and
2) Authorize the City Manager to make an Additional Discretionary Payment to CalPERS towards the City’s “Classic” pension plan unfunded liability; and 3) Adopt a Resolution entitled:
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
11. DAYLIGHTING OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER
5.42, SMALL WIRELESS FACILITY BUSINESS REGULATIONS
RECOMMENDED ACTION: That the City Council receive, discuss and advise on the proposed changes to portions of Chapter 5.42 of the Dana Point Municipal Code pertaining to Small Wireless Facility Business Regulations 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.
City of Dana Point
City Council Regular Meeting Agenda March 5, 2024
5 STAFF REPORTS
(City Manager Michael Killebrew)
(City Attorney Patrick Muñoz)
ADJOURNMENT
The next Regular Meeting of the City Council will be March 19, 2024, 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 and www.danapoint.org by February 29, 2024, at 5:30 p.m. ___________________________________ 2/29/2024
SHAYNA SHARKE, CITY CLERK DATE
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.