AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 25-10
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 LABOR NEGOTIATOR, Government Code § 54957.6 Agency Designated Representatives: City Manager
Unrepresented and Represented Employees: All positions in City B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (4 cases) C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (2 cases)
a. ST Apartments vs. City of Dana Point; Orange County Superior Court Case No 30-2024- 01397922
b. Center For Natural Lands Management v City of Dana Point, Orange County Superior Court Case No: 30-2021-01219668
CITY COUNCIL
REGULAR
MEETING
TUESDAY
SEPTEMBER 16, 2025
4:30 P.M.
City of Dana Point
City Council Regular Meeting Agenda September 16, 2025
2 D. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION - Pursuant to Government Code Section 54956.9(d)(4) (1 case)
a. In Re National Prescription Opiate Litigation, United States District Court Case No. 1:17- CV-2804
RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
4th of July Pines Park Parade Organizers
RH Dana Improvements Volunteer Group
Recognition of Maggie Torres, School Resources Officer
Business of the Quarter – Dana Point Hardware
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 15, 2025
RECOMMENDED ACTION: That the City Council approve the minutes.
3. PLANNING COMMISSION MEETING MINUTES, JUNE 23, 2025
RECOMMENDED ACTION: That the City Council receive and file the minutes.
City of Dana Point
City Council Regular Meeting Agenda September 16, 2025
3 4. PLANNING COMMISSION MEETING MINUTES, JULY 14, 2025 RECOMMENDED ACTION: That the City Council receive and file the minutes.
5. PLANNING COMMISSION MEETING MINUTES, AUGUST 11, 2025 RECOMMENDED ACTION: That the City Council receive and file the minutes.
6. CLAIMS AND DEMANDS
RECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.
7. TREASURER’S REPORT
RECOMMENDED ACTION: That the City Council receive and file the Treasurer’s Report for June, 2025.
8. CONTRACT WITH MUSCO LIGHTS FOR DEL OBISPO PARK LED RETROFIT FOR BASEBALL FIELDS
RECOMMENDED ACTION: That the City Council authorize the City Manager or his designee to contract with Musco Sports Lighting LLC to install LED standard retrofit lights for Mustang Field and Quickfit LED Retrofit lights for Pony and Bronco Fields.
9. APPROVAL OF A LEASE AGREEMENT WITH MULLER-LIGHTHOUSE, LLC FOR USE OF PARKING LOT AS SHARED PUBLIC PARKING AT 24532 DEL PRADO RECOMMENDED ACTION: That the City Council approve a month-to-month Parking Lot Lease Agreement with Muller-Lighthouse, LLC, authorize the City Attorney to approve minor non-substantive changes to the Agreement, and authorize the City Manager or Designee to execute the Agreement on behalf of the City.
10.AWARD CONTRACTS FOR THE CONSTRUCTION OF THE ANNUAL ROADWAY RESURFACING PROJECT (CIP #1352) AND THE CITYWIDE STORM DRAIN IMPROVEMENT PROJECT (CIP #1358)
RECOMMENDED ACTION: That the City Council:
1) Approve award of a contract to Onyx Paving Company, Incorporated for construction of the Annual Roadway Resurfacing Project (CIP #1352), and authorize the City Manager to sign the contract and authority to approve change orders if necessary; and 2) Approve award of a contract to Onyx Paving Company, Incorporated for construction of the Citywide Storm Drain Improvement Project (CIP #1358), bid in conjunction with this work effort, and authorize the City Manager to sign the contract and authority to approve change orders if necessary; and
City of Dana Point
City Council Regular Meeting Agenda September 16, 2025
4 3) Authorize the City Manager to sign a Standard Consultant Services Agreement with GMU Geotechnical for materials observation and testing services for the Annual Roadway Resurfacing Project (CIP #1352), as outlined in the Fiscal Impact Section; and 4) Authorize the City Manager to sign a Standard Consultant Services Agreement with GMU Geotechnical for materials observation and testing services for the Citywide Storm Drain Improvement Project (CIP #1358), as outlined in the Fiscal Impact Section; and 5) Authorize the City Manager to sign a Standard Consultant Services Agreement with WestLAND Group, Incorporated, for surveying, construction staking and monument preservation for the Annual Roadway Resurfacing Project (CIP #1352), as outlined in the Fiscal Impact Section; and 6) Authorize the City Manager to sign a Standard Consultant Services Agreement with WestLAND Group, Incorporated, for surveying, construction staking and monument preservation for the Citywide Storm Drain Improvement Project (CIP #1358), as outlined in the Fiscal Impact Section; and
7) Authorize the City Manager to sign a Standard Consultant Services Agreement with GHD, Inc. for professional engineering services support during construction for the Citywide Storm Drain Improvement Project (CIP #1358) and the associated expenditure as noted in the Fiscal Impact Section.
8) Approve expenditure and budget adjustments outlined in the Fiscal Impact Section for FY24 Roadway Resurfacing Project.
11.CITYWIDE PHONE SYSTEM AGREEMENT
RECOMMENDED ACTION: That the City Council:
1) Authorize the City Manager, or designee, to enter into a 24-month subscription agreement with GoTo Communications, Inc. for City telephone and support; and 2) Authorize the City Manager, or designee, to extend the agreement for up to two additional 24- month terms, subject to Consumer Price Index (CPI) adjustments.
12.CLIENTFIRST TECHNOLOGY CONSULTING CONTRACT
RECOMMENDED ACTION: That the City Council authorize the City Manager, or designee, to execute a contract with ClientFirst Technology Consulting for ongoing technical support of CentralSquare for FY2026, with the option to extend the contract for up to two additional one-year terms.
City of Dana Point
City Council Regular Meeting Agenda September 16, 2025
5 13.ADOPTION OF A RESOLUTION APPROVING FINAL TRACT MAP NO. 18043 AT 24722 DEL PRADO
RECOMMENDED ACTION: That the City Council adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 18043.
14.CONTRACT WITH 4LEAF CONTRACTOR SERVICES
RECOMMENDED ACTION: That the City Council:
1) Ratify the City Manager’s approval of an agreement with 4 LEAF, Inc. for contract planning services; and
2) Authorize the City Manager, or designee, to execute a First Amendment to the contract with 4LEAF, Inc.
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
UNFINISHED BUSINESS
NEW BUSINESS
15.FISCAL YEAR 2025 4TH QUARTER FINANCIAL REPORT; PROPOSED FY2026 BUDGET ADJUSTMENTS; HAZARD MITIGATION GRANT AUTHORIZATION; SALARY RANGES FOR REPRESENTED AND NON-REPRESENTED EMPLOYEE CLASSIFICATIONS; HEALTH PLAN PROVISIONS FOR CALENDAR YEAR 2026
RECOMMENDED ACTION: That the City Council:
City of Dana Point
City Council Regular Meeting Agenda September 16, 2025
6 1) Receive and file the unaudited FY2024-25 (FY25) Financial Report for the quarter ended June 30, 2025;
2) Amend the FY2025-26 (“FY26”) budget by authorizing the carry-over and appropriation of encumbered and unencumbered funds from FY25 to FY26, and authorize the FY26 revenue and expenditure adjustments, as detailed in this report;
3) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE CALIFORNIA GOVERNOR’S OFFICE OF
EMERGENCY SERVICES HAZARD MITIGATION GRANT PROGRAM AND APPROVING A TWENTY-FIVE PERCENT (25%) LOCAL MATCHING FUND CONTRIBUTION 4) 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
5) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
MODIFYING HEALTH BENEFIT PLAN ALLOWANCES FOR ELIGIBLE REPRESENTED AND ELIGIBLE NON-REPRESENTED CLASSIFICATIONS.
16.INTRODUCTION OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER 12, VEHICLES AND TRAFFIC
RECOMMENDED ACTION: That the City Council:
1) Introduce and hold the First Reading of an Ordinance of the City of Dana Point entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA ADDING SECTION 12.08.051 TO TITLE 12 OF THE DANA POINT MUNICIPAL CODE 2) Direct Staff to schedule a second reading and adoption of the proposed Ordinance.
17.AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING CHAPTERS 8.02, 8.03, 8.14, 8.16, 8.20, 8.23, 8.24, 8.28, 8.30, 8.32,
8.34, 8.36 AND 8.38 OF TITLE 8 OF THE DANA POINT MUNICIPAL CODE RECOMMENDED ACTION: That the City Council:
1) Introduce and adopt an Urgency Ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING CHAPTERS 8.02, 8.03, 8.14,8.16, 8.20, 8.23, 8.24, 8.28, 8.30, 8.32, 8.34, 8.36 AND 8.38 OF TITLE 8 OF THE DANA POINT MUNICIPAL CODE ADOPTING BY REFERENCE THE CALIFORNIA CODES OF REGULATIONS TITLE 24, PARTS 1-12, KNOWN AND DESIGNATED AS THE 2025 EDITION OF THE CALIFORNIA BUILDING CODE, 2025 EDITION OF THE CALIFORNIA City of Dana Point
City Council Regular Meeting Agenda September 16, 2025
7 RESIDENTIAL CODE, 2025 EDITION OF THE CALIFORNIA ELECTRICAL CODE, 2025 EDITION OF THE CALIFORNIA PLUMBING CODE, 2025 EDITION OF THE CALIFORNIA MECHANICAL CODE, 2025 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE, 2025 EDITION OF THE CALIFORNIA REFERENCE STANDARDS CODE, 2025 EDITION OF THE CALIFORNIA ENERGY CODE, 2022 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, 2025 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION OF THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE, AND THE 2025 EDITION OF THE CALIFORNIA FIRE CODE, MAKING AMENDMENTS THERETO, AND RELATED ACTIONS.
2) Find that the changes and modifications to the 2025 Editions of the California Building, Residential, Plumbing, Mechanical, Electrical, Green Building Standards, Energy, WildlandUrban Interface Code, and Fire Codes are reasonably necessary due to local conditions in Dana Point. Other amendments are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Code or are reasonably necessary to safeguard life and property within the City of Dana Point. Adoption of these codes as amended will implement the latest codes in the City and complies with current State law; and 3) Instruct the Building Official to file the Resolution with the California Building Standards Commission and a copy to the California Department of Housing and Community Development.
18.CITY COUNCIL POLICY UPDATE - DAYLIGHTING POLICY 222 - 401 RECOMMENDED ACTION: That the City Council review, discuss and provide recommendations to Staff on proposed revisions to City Council Policies within the 200, 300, and 400 Series.
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
Farmers Market and Craft Fair Every Saturday
09/17/2025 AlertOC Regional Test
09/17/2025 Taste of Lantern Village – La Plaza Park
09/18/2025 CERT Basic Training Begins
City of Dana Point
City Council Regular Meeting Agenda September 16, 2025
8 09/20/2025 Coastal Clean Up Day
10/09–10/12 Dana Point Film Festival
10/12/2025 FREE Movie Showing: JAWS – Baby Beach
10/12/2025 Coastal Animal Services Authority - Microchip and Vaccine Clinic – Community Center 10/18/2025 Bulky Item Drop Off Day – South Shores Church 10/18/2025 Trolley Art & History Tour
10/23/2025 H20 for HOAs at the Norman P. Murray Community & Senior Center 10/25/2025 Halloween Spooktacular & Trunk or Treat
ADJOURNMENT
The next Regular Meeting of the City Council will be October 7, 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 September 11, 2025, at 5:30 p.m. ___________________________________ 9/11/2025
SHAYNA SHARKE, CITY CLERK DATE
Agendas are 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.