CITY OF DANA POINT
CALIFOR
CITY COUNCIL TUESDAY
REGULAR
JANUARY 21, 2025
MEETING 5:00 P.M.
1989
MINUTES
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 25-01
CALL TO ORDER
The Regular Meeting of the City Council of the City of Dana Point, California, was called to order by Mayor Matthew Pagano at 5:00 P.M. in the City Council Chambers, 33282 Golden Lantern, Dana Point.
ROLL CALL OF CITY COUNCIL MEMBERS:
Matthew Pagano, Mayor
John Gabbard, Mayor Pro Tem
Jamey Federico, Council Member
Mike Frost, Council Member
Michael Villar, Council Member
STAFF PRESENT: Michael A. Killebrew, City Manager; Kelly Reenders, Assistant City Manager; Patrick Munoz, City Attorney; Shayna Sharke, City Clerk; Sea Shelton, Director of Administrative Services; Captain Todd Hylton; Matthew Sinacori, Director of Public Works/City Engineer; Brenda Wisneski, Director of Community Development; John Ciampa, Planning Manager; Ryan Haworth, Deputy City Clerk; Jaimie To, Sr. 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), (6 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
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City Council Regular Meeting Minutes January 21, 2025
c. Center For Natural Lands Management v City of Dana Point, Orange County Superior Court Case No: 30-2021-01219668 CU-OR-CJC
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
1. Na-v-Case: ST Apartments vs. City of Dana Point; OSC Case NO 30-2024-01397922- RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
Mayor Pagano reconvened the meeting at 6:01 PM.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Villar.
PRESENTATIONS AND PROCLAMATIONS
Employee of the Quarter - Robin Gray, Records Coordinator Mayor Pagano and City Clerk Shayna Sharke presented Robin Gray with a Certificate of Recognition.
Candy Cane Lanes Home Decorating Contest Awards
Mayor Pagano and Members of the Dana Point Youth Board presented Certificates of Recognition to the winners of the Candy Cane Lanes Home Decorating Contest: The Beverly Family, The Bauer Family, and The Wilinsky Family.
Trauma Intervention Program Proclamation
Jennifer Anderson, Senior Management Analyst and TIP volunteer, provided an overview of TIP and introduced the members of the organization. Mayor Pagano presented the TIP volunteers with a Proclamation.
READING OF ORDINANCE TITLES
City Clerk, Shayna Sharke, read three (3) ordinance titles.
CONSENT CALENDAR
IT WAS MOVED BY COUNCIL MEMBER FROST, SECONDED BY MAYOR PRO TEM GABBARD, THAT THE RECOMMENDATIONS BE ACCEPTED FOR ALL ITEMS ON THE CONSENT CALENDAR.
The motion carried by the following vote:
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AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
~ 1. WAVE THE READING OF OROMANCES AND APPROVE READINO BY TILE OLY
APPROVED THE READING BY TITLE ONLY OF ALL ORDINANCES AND THAT FURTHER READING OF SUCH ORDINANCES BE WAIVED.
2. REGULAR MEETING MINUTES, DECEMBER 3, 2024
APPROVED THE MINUTES.
3. PLANNING COMMISSION MEETING MINUTES, NOVEMBER 25, 2024 RECEIVED AND FILED THE MINUTES.
4. CLAIMS AND DEMANDS
RECEIVED AND FILED THE CLAIMS AND DEMANDS.
5. TREASURER'S REPORT
RECEIVED AND FILED THE TREASURER'S REPORT FOR NOVEMBER, 2024.
6. DEVELOPMENT UPDATE
RECEIVED AND FILED THE REPORT.
7. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER 4.04, FIREWORKS
HELD A SECOND READING AND ADOPTED ORDINANCE 25-01 ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA AMENDING IN ITS ENTIRETY DANA POINT MUNICIPAL CODE CHAPTER 4.04, FIREWORKS
INFINITY TECHNOLOGIES CONTRACT AMENDMENT
AUTHORIZED THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SIXTH AMENDMENT TO
THE ORIGINAL AGREEMENT WITH INFINITY TECHNOLOGIES FOR INFORMATION
TECHNOLOGY MANAGEMENT SERVICES ADJUSTING THE MONTHLY IT MANAGEMENT SERVICES FEE.
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PUBLIC COMMENTS
Kelly Chapman (Dana Point) spoke regarding his opposition to replacing the cul-de-sac fence on Santa Clara Ave. with the current gate.
Bruce Gordon (Dana Point) spoke regarding his opposition to replacing the cul-de-sac fence on Santa Clara Ave. with the current gate.
Craig McCall (Dana Point) spoke regarding the large pine trees at Heritage Park, which border his property. He expressed concern about the overgrown branches and shrubbery, and requested that the City undertake maintenance on these trees.
Joe Muller (Dana Point) spoke regarding his desire to have a two-day concert at Sea Terrace Park in November using local Dana Point musicians with some of the proceeds going back to the City.
Rick Erkeneff (Dana Point) spoke regarding his desire to have a two-day concert at Sea Terrace Park and mentioned that it will be organized by the locals and for the locals.
Sam Simmons (San Diego) spoke regarding his desire to have a two-day concert at Sea Terrace Park, highlighting his experience in deploying infrastructure and collaborating with police departments and fire marshals to ensure safe entry and exit for attendees.
John Reese (Dana Point) spoke regarding his desire to have a two-day concert at Sea Terrace Park and highlighted his involvement in various festivals.
Joe Muller (Dana Point) spoke again regarding the proposed concert and added that will include "Dana Point" providing recognition.
Brian Porter (Dana Point) spoke regarding his desire to have a two-day concert at Sea Terrace Park. He urged the Council to consider the previous speakers' comments regarding the Sea Terrace Park concert.
Council Member Frost asked Staff about the permitting process for large events like the proposed concert.
Swati Patel (Dana Point) spoke regarding the estimated project costs of building a new funicular and the ongoing neglect of the project, highlighting the lack of progress towards restoration.
Vincent Giovinazzo (Dana Point) spoke regarding the estimated costs of building a new funicular and™ highlighted the service it provides to those who may have difficulty walking the distance, as well as its benefit in providing beach access to the public.
Greg Miller-Jones (Capistrano Beach) spoke regarding abandoned vehicles and street parking in Capistrano Beach.
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PUBLIC HEARINGS
9. ZONE TEXT AMENDMENT ZTA22-0002/LCPA23-0001 RELATED TO COMPLIANCE WITH
STATE HOUSING LAW
Brenda Wisneski, Director of Community Development, provided a staff report.
Mayor Pagano opened the Public Hearing at 6:53 PM.
There were no public comments.
Mayor Pagano closed the Public Hearing at 6:53 PM.
Discussion ensued.
IT WAS MOVED BY MAYOR PRO TEM GABBARD, SECONDED BY COUNCIL MEMBER VILLAR, THAT THE CITY COUNCIL:
1) REVIEW AND FORWARD ADOPTED MODIFICATIONS TO THE CALIFORNIA COASTAL COMMISSION FOR FINAL CERTIFICATION BY ADOPTING RESOLUTION 25-01-21-01 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
ADOPTING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO LOCAL COASTAL PROGRAM AMENDMENT LCPA23-0001, FOR SUBMISSION OF ZTA22-0002 AS LOCAL COASTAL PROGRAM AMENDMENT LCPA23-0001 AND
REQUESTING SUBMITTAL TO AND FINAL CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION.
2) INTRODUCE AND HOLD THE FIRST READING OF ORDINANCE 25-XX ADOPTING THE
SUGGESTED MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION FOR ZONE TEXT AMENDMENT ZTA22-0002 AS PART OF LOCAL COASTAL PROGRAM AMENDMENT LCPA23-0001 ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, ADOPTING ZONE TEXT AMENDMENT ZTA22-0002 WITH THE
CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO AMEND
THE ZONING ORDINANCE IN COMPLIANCE WITH STATE HOUSING LAWS AS 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: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
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10. GENERAL PLAN AMENDMENT GPA24-0001, ZONE TEXT AMENDMENT ZTA24-0002, AND LOCAL COASTAL PROGRAM AMENDMENT LCPA24-0001; AMENDMENT TO THE
HEADLANDS DEVELOPMENT AND CONSERVATION PLAN (HDCP) TO REPLACE THE (STSMS "FUNICULAR" AND "NGLINED ELEVATOR" WITH "STRAND TRANSIT SYSTEM John Giampa, Planning Manager, provided a staff report.
Mayor Pagano opened the Public Hearing at 6:58 PM.
One public comment was received via email.
Mayor Pagano closed the Public Hearing at 6:58 PM.
Discussion ensued.
IT WAS MOVED BY MAYOR PAGANO, SECONDED BY COUNCIL MEMBER FROST, THAT THE CITY COUNCIL:
1) ADOPT RESOLUTION 25-01-21-02 ADOPTING THE GENERAL PLAN AMENDMENT GPA24-0001 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING OF GENERAL PLAN AMENDMENT GPA24-0001, TO AMEND THE
HEADLANDS DEVELOPMENT AND CONSERVATION PLAN (HDCP), TO REPLACE THE TERMS "FUNICULAR" AND "INCLINED ELEVATOR" WITH "STRAND TRANSIT SYSTEM" (STS) TO PROVIDE FLEXIBILITY FOR A FUTURE REPLACEMENT TRANSPORTATION SYSTEM
2) INTRODUCE AND HOLD THE FIRST READING OF ORDINANCE 25-XX APPROVING ZONE TEXT AMENDMENT ZTA24-0002 ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT ZTA24-0002 AMENDING THE
HEADLANDS DEVELOPMENT AND CONSERVATION PLAN TO REPLACE THE TERMS "FUNICULAR" AND "INCLINED ELEVATOR" TO "STRAND TRANSIT SYSTEM" (STS) TO PROVIDE FLEXIBILITY FOR A FUTURE REPLACEMENT
TRANSPORTATION SYSTEM, AND SUBMISSION AS PART OF LOCAL COASTAL PROGRAM AMENDMENT LCPA24-0001 FOR APPROVAL AND CERTIFICATION BY
THE CALIFORNIA COASTAL COMMISSION
3) ADOPT RESOLUTION 25-01-21-03 APPROVING LOCAL COASTAL PROGRAM AMENDMENT LCPA24-0002 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING LOCAL COASTAL PROGRAM AMENDMENT LCPA24- 0001, WHICH AMENDS THE HEADLANDS DEVELOPMENT AND CONSERVATION PLAN WITH GENERAL PLAN AMENDMENT GPA24-0001 AND ZONING TEXT 6 City of Dana Point
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AMENDMENT ZTA24-0002, AS LOCAL COASTAL PROGRAM AMENDMENT LCPA24- 0001 FOR APPROVAL AND CERTIFICATION BY THE CALIFORNIA COASTAL
COMMISSION
The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
UNFINISHED BUSINESS
11. POLICE SERVICES QUARTERLY REPORT
Captain Todd Hylton provided a staff report.
Discussion ensued.
THE CITY COUNCIL RECEIVED AND FILED THE POLICE SERVICES QUARTERLY REPORT
12. 2024 COMMUNITY SURVEY RESULTS
Jaimie To, Economic Development & Housing Manager, introduced Adam Sonenshein from FM3 Research.
Adam Sonenshein (FM3 Research) presented the 2024 Community Survey results.
Discussion ensued.
THE CITY COUNCIL RECEIVED AND FILED THE PRESENTATION FROM FM3 RESEARCH ON THE 2024 DANA POINT COMMUNITY SURVEY
13. STRATEGIC PLAN REVIEW - PERFORMANCE MEASURES
Jaimie To, Economic Development & Housing Manager, provided a staff report.
Council Member Federico suggested that the City Council establish an Ad Hoc Committee to look at the City's Strategic Plan. Council Member Frost agreed with Council Member Federico's suggestion.
Discussion ensued.
IT WAS MOVED BY COUNCIL MEMBER FROST, SECONDED BY COUNCIL MEMBER VILLAR,
THAT THE CITY COUNCIL ESTABLISH AN AD HOC COMMITTEE MADE UP OF MAYOR
PAGANO AND MAYOR PRO TEM GABBARD TO REVIEW THE STRATEGIC PLAN AND PROVIDE FEEDBACK TO CITY COUNCIL.
The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
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ABSENT: None
NEW BUSINESS
14. RECRUITMENT FOR THE PLANNING COMMISSION AND TRAFFIC IMPROVEMENT.
SUBCOMMITTEE
Shayna Sharke, City Clerk, provided a staff report.
Discussion ensued.
IT WAS MOVED BY MAYOR PAGANO, SECONDED BY COUNCIL MEMBER FROST THAT THE CITY COUNCIL:
1) REAPPOINT MARY OPEL AND DEANA CHRISTAKES TO THE PLANNING COMMISSION
FOR A FOUR-YEAR TERM AND JEFF HOWELL TO THE TRAFFIC IMPROVEMENT SUBCOMMITTEE FOR A FOUR-YEAR TERM; AND
2) OPEN THE RECRUITMENT FOR ONE MEMBER OF THE TRAFFIC IMPROVEMENT
SUBCOMMITTEE
The motion carried by the following vote:
Federico, Frost, Gabbard, Villar, Pagano
NOES:
ABSENT:
3) IT WAS MOVED BY MAYOR PAGANO, SECONDED BY COUNCIL MEMBER FEDERICO,
THAT MAYOR PRO TEM GABBARD AND COUNCIL MEMBER VILLAR FORM A
SUBCOMMITTEE TO INTERVIEW APPLICANTS FOR THE OPEN VACANCY IN THE
TRAFFIC IMPROVEMENT SUBCOMMITTEE AND RECOMMEND APPOINTMENTS FOR
COUNCIL APPROVAL
The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES:
ABSENT: None
5. CITY COUNCIL APPOINTED REPRESENTATIVES ON CITY AND OUTSIDE AGENCY BOARDS -
AND DISSOLUTION OF OCEAN WATER QUALITY SUBCOMMITTEI
Shayna Sharke, City Clerk, provided a staff report.
Discussion ensued.
IT WAS MOVED BY COUNCIL MEMBER FEDERICO, SECONDED BY COUNCIL MEMBER FROST, THAT THE CITY COUNCIL:
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1) APPROVE APPOINTMENTS OF CITY COUNCIL REPRESENTATIVES TO OUTSIDE AGENCIES WITH CHANGES DISCUSSED; AND
2) APPROVE APPOINTMENTS TO CITY COMMITTEES, SUBCOMMITTEES AND TASK FORCES; AND
3) DIRECT STAFF TO NOTIFY AFFECTED AGENCIES AS NECESSARY; AND 4) ADOPT RESOLUTION 25-01-21-04 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS; AND
5) DISSOLVE THE OCEAN WATER QUALITY SUBCOMMITTEE BY ADOPTING RESOLUTION 25-01-21-05 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
DISSOLVING OCEAN WATER QUALITY SUBCOMMITTEE
The motion carried by the tollowing vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
PUBLIC COMMENTS (Continued)
None.
COUNCIL REPORTS, INCLUDING CITY RELATED MEETINGS ATTENDED Council Member Federico stated that he has turned in his list of meetings and thanked Staff for their work on the Strategic Plan. He addressed the public comments concerning the gate on Santa Clara Ave.
Council Member Villar stated that he has turned in his list of meetings and expressed gratitude to the residents of Dana Point for their solidarity and support for the fire victims in Los Angeles. He highlighted the efforts at Stillwater, where Damian opened his business to accommodate overwhelming donations.
He also thanked City Manager, Mike Killebrew, for promptly renting a U-Haul to assist with the donations and recognized Vickie McMurchie from the Dana Point Chamber of Commerce for coordinating restaurant donations for the fire victims.
Council Member Frost stated that he will turn in his list of meetings.
Mayor Pro Tem Gabbard stated that he has turned in his list of meetings and shared his experience attending the Mayor's Conference in Washington, D.C. over the past weekend. 9 City of Dana Point
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Mayor Pagano stated that he has turned in his list of meetings and acknowledged the community's strong turnout in visiting local restaurants to support fire victims through donations. He expressed continued sympathy for those affected in Los Angeles and highlighted the upcoming events in Dana Point.
STAFF REPORTS
City Attorney, Patrick Munoz, stated that he had nothing to report City Manager, Michael A. Killebrew, stated that he had nothing to report.
ADJOURNMENT
There being no further business before the City Council at this session, Mayor Pagano adjourned the meeting at 8:54 PM in honor of Dana Friedman (Animal Services Officer), Kevin Skinner (OCFA Fire Apparatus Engineer), Carma Jean Tomlinson, and Leo Chade. He announced that the next Regular Meeting of the City Council will be February 4, 2025 at 6:00 p.m. in the City Council Chamber located at 33282 Golden Lantern, Suite 210, Dana Point, California.
Shasuashh
SHAYNA SHARKE, CITY CLERK
APPROVED AT THE MEETING OF FEBRUARY 4, 2025
10 ity of Dana Poin
ity Council Regular Meeting Minute January 21, 2025
Meetings attended since December 4, 2024
Mayor Pagano
* 12/05/2024 Ribbon Cutting Plunge Performance & Recovery 12/14/2024 Boat Parade
12/16/2024 Mike Recupero Holiday event
12/18/2024 Dana Point Times meeting and meeting with Staff regarding State of the City 01/10/2025 Breakfast with Jamey Federico
01/14/2025 Luciana's on the Wild Fire Donation Night
01/15/2025 Meeting with Randy Hild Redo Market
01/17/2025 Coffee Chat for Chamber
Mayor Pro Tem Gabbard
12/05/2024 SCAG CEHD Committee and Regional Council Meeting 12/06/2024 DP Police Services Appreciation Party
12/07/2024 Strand Community Party
12/11/2024 MHET Annual Holiday Party
12/11/2024 Meeting with Bob Madian re: Harpoon Henry's lease 12/12/2024 DP Chamber Holiday Mixer
12/13/2024 DP Harbor Boat Parade
12/18/2024 Meeting with Pointe Monarch HOA President re: fuel mod zone maintenance 12/19/2024 OCMVCB Meeting
01/17/2025 Mayor's Conference - Washington DC
01/18/2025 Mayor's Conference - Washington DC
Council Member Mike Frost
Council Member Federico
01/13/2025 OCTA
01/15/2025 ACC-OC
Council Member Michael Villar
* 12/15/2024 49th Annual Harbor Parade of Lights
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