AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 25-08
Public comment may be provided in-person, electronically, or by mail. Comments may be submitted via mail: City Clerk, 33282 Golden Lantern, Dana Point, CA 92629; or via email at [email protected]. To be provided to the City Council prior to the meeting, comments must be received by 4:00 P.M. on the day of the meeting. 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 are considered a public record and will be included in the meeting record.
CALL TO ORDER
ROLL CALL OF CITY COUNCIL MEMBERS:
Matthew Pagano, Mayor
John Gabbard, Mayor Pro Tem
Jamey M. Federico, Council Member
Mike Frost, 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), (4 cases) AND THE FOLLOWING EXISTING LITIGATION, Government Code 54956.9 (d)(1), (7 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
APRIL 15, 2025
5:00 P.M.
City of Dana Point
City Council Regular Meeting Agenda April 15, 2025
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 f. Name of Case: ST Apartments vs. City of Dana Point; OCSC Case NO 30-2024-01397922-
CU-WM-CJC
g. City of Dana Point v. Mazzy Development Center dba Mission Recovery, LLC, et al OCSC Case No. 30-2025-01468977
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Government Code § 54957 Title: City Manager
RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
Whale of an Art Contest Winner
Police / Fire / EMT of the Year / Employee Recognition
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, APRIL 1, 2025
RECOMMENDED ACTION: That the City Council approve the minutes.
City of Dana Point
City Council Regular Meeting Agenda April 15, 2025
3 3. CLAIMS AND DEMANDS
RECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.
4. DEVELOPMENT UPDATE
RECOMMENDED ACTION: That the City Council receive and file the Development Update.
5. CONSULTANT SERVICES AGREEMENT WITH WEST COAST CIVIL FOR DESIGN SURVEYING FOR THE ANNUAL ROADWAY RESURFACING FY 2024-2025 PROJECT RECOMMENDED ACTION: That the City Council approve a Consultant Services Agreement with West Coast Civil for topographic surveying services needed for the Annual Roadway Resurfacing FY 2024-25 Project design and authorize the City Manager or designee to sign 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 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 the proper procedure and hand them to the City Clerk. The City Clerk will see that they are distributed.
PUBLIC HEARINGS
None.
UNFINISHED BUSINESS
6. POLICE SERVICES QUARTERLY REPORT
RECOMMENDED ACTION: That the City Council receive and file the report.
City of Dana Point
City Council Regular Meeting Agenda April 15, 2025
4 NEW BUSINESS
7. LONG-TERM FINANCIAL PLAN UPDATE
RECOMMENDED ACTION: That the City Council receive the Long-Term Financial Plan update and recommend referral to the Financial Review Committee.
8. CITY COUNCIL POLICY UPDATE – DAYLIGHTING SERIES 211-221 RECOMMENDED ACTION: That the City Council review, discuss and provide recommendations to staff on proposed revisions to City Council Policies within the 200 Series.
9. AMENDMENT OF DANA POINT MUNICIPAL CODE CHAPTER 8.42.010 AND ADOPTING THE
FIRE HAZARD SEVERITY MAP
RECOMMENDED ACTION: That the City Council hold a first reading and introduce an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING DANA POINT MUNICIPAL CODE CHAPTER 8.42.010 AND ADOPTING THE FIRE
HAZARD SEVERITY MAP
10.HERITAGE PARK MONUMENT IN COORDINATION WITH THE DANA POINT 5TH MARINE
REGIMENT SUPPORT GROUP
RECOMMENDED ACTION: That the City Council:
1) Authorize the City Manager to sign the Memorandum of Understanding and authorize nonsubstantive changes if needed; and 2) Approve a new Capital Improvement Project entitled “Heritage Park Monument Project”; and 3) Authorize amount per the fiscal impact section for the Heritage Park Monument Project.
11.SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE
RECOMMENDED ACTION: That the City Council:
1) Adopt Resolution 25-04-15-XX, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, APPROVING
THE SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF DANA POINT AND THE COUNTY OF ORANGE; and
2) Authorize the City Manager, or designee, to execute the Second Amendment to the Waste Disposal Agreement with the County of Orange.
City of Dana Point
City Council Regular Meeting Agenda April 15, 2025
5 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.
STAFF REPORTS
(City Manager Michael Killebrew)
(City Attorney Patrick Muñoz)
UPCOMING EVENTS
• April 16 Tip-a-Cop - Brio
• April 18 City Hall Offices Closed – Good Friday
• April 19 Egg Hunts – Pines Park and Sea Canyon Park
• April 19 Farmers Market and Craft Vendors – La Plaza
• April 22 GPAC Meeting – Community Center, 6PM
• April 22 Earth Day Native Plant Garden Demonstration – Nature Interpretive Ctr • April 23 State of the City – Celebrate Dana Point – Ocean Institute • April 26 Farmers Market and Craft Vendors – La Plaza
• April 26 California Wine Festival – Sea Terrace Park
• April 27 REDO Market – Del Prado
• May 3 Monarch Butterfly Habitat Workday – Sea Canyon Park • May 3 Farmers Market and Craft Vendors – La Plaza
ADJOURNMENT
The next Regular Meeting of the City Council will be May 6, 2025, 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 April 10, 2025, at 5:30 p.m. ___________________________________ 4/10/2025
SHAYNA SHARKE, CITY CLERK DATE
City of Dana Point
City Council Regular Meeting Agenda April 15, 2025
6 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.