CITY OF DANA POINT
CITY COUNCIL
REGULAR TUESDAY
MEETING MARCH 5, 2024
5:00 P.M.
MINUTES
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 24-01
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 (ABSENT)
Michael Villar, Council Member
STAFF PRESENT: Michael A. Killebrew, City Manager, Patrick Munoz, City Attorney; Kelly Reenders, Assistant City Manager; 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; Danny Giometti, Senior Planner; and Jaimie To, Senior Management Analyst.
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-CU- TT-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 of Dana Point
City Council Regular Meeting Minutes March 5, 2024
Mitchell Carr vs. City of Dana Point, County of Orange (1973115) (Ironshore Claim No ANCAS000317850) (AWNAC Ref. No.: 2021007664) (AWAC Ref. No: 202100766( 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 Mayor Federico recessed the meeting into a Closed Session at 5:02 p.m. pursuant to Government Code Section 54957.
RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
Mayor Federico reconvened the meeting at 6:00 P.M.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Pagano.
INVOCATION
PRESENTATIONS AND PROCLAMATIONS
League of California Cities - Connor Medina
Connor Medina, Regional Public Affairs Manager OC Division, provided a slideshow presentation.
READING OF ORDINANCE TITLES
There were no Ordinance Titles.
CONSENT CALENDAR
IT WAS MOVED BY MAYOR JAMEY M FEDERICO, SECONDED BY MAYOR PRO TEM MATTHEW
PAGANO, THAT THE RECOMMENDATIONS BE ACCEPTED FOR ALL ITEMS ON THE CONSENT CALENDAR.
The motion carried by the following vote:
AYES: Council Member Frost, Council Member Villar, Mayor Pro Tem Pagano, and Mayor Federico NOES: None
ABSENT: Council Member Gabbard
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City of Dana Point
City Council Regular Meeting Minutes March 5, 2024
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.
REGULAR MEETING MINUTES, FEBRUARY 6, 2024
APPROVED THE MINUTES.
PLANNING COMMISSION MEETING MINUTES, JANUARY 22, 2024
RECEIVED AND FILED.
CITY TREASURER'S REPORT, JANUARY 2024
RECEIVED AND FILED THE CITY TREASURER'S REPORT, JANUARY 2024.
5. CLAIMS AND DEMANDS
RECEIVED AND FILED THE CLAIMS AND DEMANDS.
6. NAVIANT CONTRACT AMENDMENT
1) AUTHORIZED THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIRST AMENDMENT TO THE CONTRACT AGREEMENT WITH NAVIANT, INC.
2) AUTHORIZED THE CITY MANAGER OR HIS DESIGNEE TO RENEW THE CONTRACT ANNUALLY FOR TWO CONSECUTIVE YEARS WITH AN ANNUAL INCREASE OF 7.5%.
AWARD OF CONTRACT FOR THE 4TH OF JULY AERIAL FIREWORKS DISPLAY AND
BARGE SERVICES
AUTHORIZED THE CITY MANAGER TO EXECUTE A CONTRACT WITH GARDEN STATE FIREWORKS, INC., FOR THE 2024 4TH OF JULY FIREWORKS AND BARGE SERVICES.
STAGE, SOUND AND LIGHTING CONTRACT FOR OC SHAKESBEER IN THE PARK AND
SUMMER CONCERT SERIES
1) AUTHORIZED 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) AUTHORIZED THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT
WITH SELECT MULTIMEDIA FOR STAGE, SOUND AND LIGHTING FOR OC SHAKESBEER IN THE PARK.
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City Council Regular Meeting Minutes March 5, 2024
ROAD AND STORM DRAIN MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY
OF ORANGE
APPROVED 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
Danny Gray (Capistrano Beach) encouraged Council to invite Orange County Power Authority (OCPA) to speak regarding the benefits of Community Choice Energy (CCE).
Hoiyin Ip (Dana Point) encouraged Council to invite OCPA to speak regarding funds for home upgrades.
PUBLIC HEARINGS
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
10. MID-FISCAL YEAR 2023-24 BUDGET STATUS REPORT
Director of Administrative Services, Sea Shelton, provided a staff report.
There were no public comments.
Discussion ensued.
IT WAS MOVED BY MAYOR JAMEY M. FREDERICO SECONDED BY COUNCIL MEMBER MIKE FROST 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; 3) ADOPT RESOLUTION 24-03-05-01 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 4 City of Dana Point
City Council Regular Meeting Minutes March 5, 2024
The motion carried by the following vote:
AYES: Council Member Frost, Council Member Villar, Mayor Pro Tem Pagano, and Mayor Federico NOES: None
ABSENT: Council Member Gabbard
DAYLIGHTING OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER
5.42, SMALL WIRELESS FACILITY BUSINESS REGULATIONS
Danny Giometti, Senior Planner, provided a staff report.
There were no public comments.
Discussion ensued.
THE CITY COUNCIL RECEIVED AND FILED THE AMENDMENTS.
PUBLIC COMMENTS (Continued)
None.
COUNCIL REPORTS, INCLUDING CITY RELATED MEETINGS ATTENDED Council Member Frost stated that he will turn in his list of meetings attended and stated that would like to evaluate OCPA and CCE further.
Council Member Villar stated that he turned in his list of meetings attended and expressed appreciation for the Festival of Whales Parade.
Mayor Pro Tem Pagano stated that he turned in his list of meetings attended and expressed appreciation for the Festival of Whales Parade.
Mayor Federico stated that he turned in his list of meetings attended. He also expressed appreciation for the Festival of Whales parade and thanked Kelly Reenders for her work with Dana Point's Sister City.
STAFF REPORTS
City Attorney Patrick Munoz stated that he had nothing to report. • City Manager Michael A. Killebrew thanked staff for their help with the Festival of Whales Parade. He provided information regarding a draft development agreement that will be coming before the Planning Commission and City Council for the Capistrano Unified School District bus yard property in Doheny Village.
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City Council Regular Meeting Minutes March 5, 2024
ADJOURNMENT
There being no further business before the City Council at this session, Mayor Federico adjourned the meeting at 6:36 p.m. He announced that 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, Califofia.
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SHAYNA SHARKE, CITY CLERK
APPROVED AT THE MEETING OF MARCH 19, 2024
City of Dana Point
City Council Regular Meeting Minutes March 5, 2024
Meetings attended since January 17, 2023
Mayor Jamey Federico
02/13/2024 Meeting with San Manuel Band of Mission Indians 02/17/2024 Redo Vinyl Market
~ 02/21/2024 ACC-OC Executive Committee
02/21/2024 OCTA Real Estate Ad Hoc Committee
02/26/2024 OCTA Board meeting
02/26/2024 Ribbon Cutting Spine and Sport
02/27/2024 General Plan Advisory Committee
02/28/2024 DP/Sorrento welcome dinner
03/02/2024 Festival of Whales •
03/04/2024 OCTA RTP Committee
Mayor Pro Tem Matthew Pagano
01/24/2024 Dana Point Chamber of Commerce Awards and Reception 02/24/2024 Dana Point Youth Baseball opening day
02/02/2024 Sister Cities Meeting with Sorrento Delegation 03/02/2024 Festival of the Whales
03/02/2024 Sister Cities Dinner with Sorrento Delegation Council Member Mike Frost
Council Member Michael Villar
03/02/2024 Festival of Whales Parade
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