AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 24-08
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 5:00 P.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 - DISCUSSION OF ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (1 case) B. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Government Code § 54956.9 (c), (1 case)
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (1 case)
a. Center For Natural Lands Management v City of Dana Point, Orange County Superior Court Case No: 30-2021-01219668 CU-OR-CJC
b. Meyers v City of Dana Point, Orange County Superior Court Case No: 30-2024- 01411301-CU-EI-CXC
CITY COUNCIL
REGULAR
MEETING
TUESDAY
SEPTEMBER 3, 2024
5:00 P.M.
C I T Y O F D A N A P O I N T
City of Dana Point
City Council Regular Meeting Agenda September 3, 2024
2 RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
Sister Cities
Proclamation for Hunger Action Month
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 16, 2024
RECOMMENDED ACTION: That the City Council approve the minutes.
3. PLANNING COMMISSION MEETING MINUTES, JULY 8, 2024
RECOMMENDED ACTION: That the City Council receive and file the minutes.
4. CLAIMS AND DEMANDS
RECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.
5. TREASURER’S REPORT
RECOMMENDED ACTION: That the City Council receive and file the Treasurer’s Report for June and July, 2024.
City of Dana Point
City Council Regular Meeting Agenda September 3, 2024
3 6. LAZ PARKING SHUTTLE SERVICE AT STRANDS BEACH
RECOMMENDED ACTION: That the City Council:
1) Approve a First Amendment to a contract with LAZ Parking California, LLC for Shuttle Service at Strands Beach; and
2) Authorize the City Manager, or designee, to execute the First Amendment with the option to extend the agreement for three additional, one-year terms, including annual Consumer Price Index (CPI) increases; and,
3) Authorize the budget adjustment outlined in the Fiscal Impact section of this report.
7. SECOND READING AND ADOPTION OF AN ORDINANCE RELATED TO THE CALIFORNIA
COASTAL COMMISSION SUGGESTED MODIFICATIONS TO DANA POINT LOCAL COASTAL PROGRAM AMENDMENT LCPA19-0003/ZONE TEXT AMENDMENT ZTA19-0003 AMENDING PLANNING AREA 3 (VISITOR SERVING COMMERCIAL) OF THE DANA POINT HARBOR
REVITALIZATION PLAN AND DISTRICT REGULATIONS
RECOMMENDED ACTION: That the City Council hold a second reading and adopt an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, ADOPTING ZONE TEXT AMENDMENT ZTA19-0003 WITH THE CALIFORNIA COASTAL COMMISSION’S SUGGESTED MODIFICATIONS TO AMEND THE DANA POINT HARBOR REVITALIZATION PLAN AND DISTRICT REGULATIONS FOR PLANNING AREA 3 AS PART OF LOCAL COASTAL PROGRAM AMENDMENT LCPA19-0003 FOR APPROVAL AND
CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION
8. 2024 COMMUNITY SURVEY
RECOMMENDED ACTION: That the City Council:
1) Approve a Contract Agreement with Fairbank, Maslin, Maullin, Metz & Associates (FM3) for the 2024 Community Survey; and
2) Authorize the City Manager, or designee, to execute the Agreement.
9. ADOPTION OF A RESOLUTION APPROVING NOTICES OF COMPLETION FOR THE CONSTRUCTION OF THE SLURRY SEAL FY 23/24 PROJECT (CIP #1353) AND THE COAST HIGHWAY COMPLETE STREET PROJECT (CIP #1368)
RECOMMENDED ACTION: That the City Council:
1) Adopt a Resolution entitled:
City of Dana Point
City Council Regular Meeting Agenda September 3, 2024
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
APPROVING A NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE PROJECT ENTITLED “SLURRY SEAL FY 23/24 PROJECT”; and
2) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
APPROVING A NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE PROJECT ENTITLED “THE COAST HIGHWAY COMPLETE STREET 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.
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
10.APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE COASTAL DEVELOPMENT PERMIT CDP24-0010 AND SITE DEVELOPMENT PERMIT SDP24-0017 TO
ALLOW THE DEMOLITION OF EXISTING IMPROVEMENTS AND THE CONSTRUCTION OF TWO (2), THREE (3) STORY, INDOOR SELF-STORAGE BUILDINGS AT 25802 & 25831
VICTORIA BOULEVARD
RECOMMENDED ACTION: That the City Council:
1) Conduct a public hearing; and
2) Review and adopt a Resolution for Coastal Development Permit CDP24-0010 and Site Development Permit SDP24-0017 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
DENYING THE APPEAL AND UPHOLDING PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP24-0010 AND SITE DEVELOPMENT PERMIT SDP24-0017 TO ALLOW THE DEMOLITION OF EXISTING IMPROVEMENTS AND THE CONSTRUCTION OF A TWO (2), DETACHED, THREE (3) STORY, INDOOR SELF-STORAGE BUILDINGS LOCATED 25802 AND 25831 VICTORIA BOULEVARD
City of Dana Point
City Council Regular Meeting Agenda September 3, 2024
5 11.TENTATIVE PARCEL MAP TPM22-0001 AND MINOR SITE DEVELOPMENT PERMIT SDP24- 0009(M) TO SUBDIVIDE ONE LOT INTO THREE RESIDENTIAL LOTS AND ONE LETTER LOT,
CONSTRUCT ONE SINGLE-FAMILY RESIDENCE ON EACH LOT, AND A RETAINING WALL UP TO 10-FEET IN HEIGHT, AT 35372 DEL REY UNIT C
RECOMMENDED ACTION: That the City Council:
1) Conduct a public hearing; and
2) Review and adopt a Resolution for Tentative Parcel Map TPM22-0001 and Minor Site Development Permit SDP24-0009(M) entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF TENTATIVE PARCEL MAP TPM22-0001 AND MINOR SITE DEVELOPMENT PERMIT SDP24- 0009(M) TO SUBDIVIDE ONE LOT INTO THREE RESIDENTIAL LOTS AND ONE LETTER LOT,
CONSTRUCT ONE SINGLE FAMILY RESIDENCE ON EACH RESIDENTIAL LOT, AND A RETAINING WALL UP TO 10-FEET IN HEIGHT, AT 35372 DEL REY UNIT C
UNFINISHED BUSINESS
NEW BUSINESS
12.FINANCIAL REVIEW COMMITTEE RECRUITMENT
RECOMMENDED ACTION: That the City Council:
1) Direct Staff to proceed with the recruitment for a vacancy on the Financial Review Committee; 2) Appoint two members of the City Council to a subcommittee to interview the applicants and recommend an appointment for Council approval.
13.CONSIDERATION OF FINDINGS BY HCD RELATED TO ORDINANCE 23-06 (ACCESSORY
DWELLING UNITS)
RECOMMENDED ACTION: That the City Council adopt a Resolution pursuant to Government Code Section 66326 finding Ordinance 23-06 complies with the State’s ADU Laws, and/or provide direction to Staff regarding possible amendments to Ordinance 23-06.
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 City of Dana Point
City Council Regular Meeting Agenda September 3, 2024
6 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)
UPCOMING EVENTS
• September 13 – 15
• September 21
• September 22
• September 25
• September 26
• September 27 – 29
• October 5 – 6
• October 13
• October 13
• October 19
• October 26
Ocean Institute’s Maritime Festival
Coastal Clean-Up Day
REDO Vintage Market
Taste of Lantern Village
CA Surfing Day Celebration
Ohana Music Festival
Palm Tree Music Festival
Dana Point ArtFest
Art & History Trolley Tour
Bulky Item Clean Up Day
Halloween Spooktacular & Trunk or Treat
ADJOURNMENT
The next Regular Meeting of the City Council will be September 17, 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 August 29, 2024, at 5:30 p.m. ___________________________________ 8/29/2024
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.
City of Dana Point
City Council Regular Meeting Agenda September 3, 2024
7 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.