AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 25-14
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), (2 cases) AND THE FOLLOWING EXISTING LITIGATION, Government Code 54956.9 (d)(1), (9 cases)
a. City of Dana Point 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, Orange County Superior Court Case No. 2019- 01117892
c. Center For Natural Lands Management v City of Dana Point, Orange County Superior Court Case No: 30-2021-01219668
CITY COUNCIL
REGULAR
MEETING
TUESDAY
OCTOBER 7, 2025
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 October 7, 2025
2 d. Mitchell Carr vs. City of Dana Point, et al., Orange County Superior Court Case No 30- 2018-00970749
e. City of Dana Point v. Paul Frederic Meyers, Trustee of the Meyers Family Trust, Orange County Superior Court Case No: 30-2022-01301502
f. ST Apartments vs. City of Dana Point; Orange County Superior Court Case No 30-2024- 01397922
g. City of Dana Point v. Mazzy Development Center dba Mission Recovery, LLC, et al, Orange County Superior Court Case No. 30-2025-01468977
h. California Housing Defense Fund, et al, v City of Dana Point, Orange County Superior Court Case No 30-2025-01483327
i. Travis Mellem v. City of Dana Point, Orange County Superior Court Case No 30-2025- 01476752
B. PUBLIC EMPLOYMENT, Government Code § 54957 (b)(1): City Manager C. CONFERENCE WITH LABOR NEGOTIATOR, Government Code § 54957.6 Agency Designated Representatives: City Manager
Unrepresented and Represented Employees: All positions in City RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
Employee of the Quarter – Mikey Gonzalez, Recreation Specialist Volunteers of the Quarter – Jennifer Keil and Ashley Keene, Arts Ambassadors National Arts & Humanities 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.
City of Dana Point
City Council Regular Meeting Agenda October 7, 2025
3 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, SEPTEMBER 16, 2025
RECOMMENDED ACTION: That the City Council approve the minutes.
3. SPECIAL MEETING MINUTES, SEPTEMBER 18, 2025
RECOMMENDED ACTION: That the City Council approve the minutes.
4. PLANNING COMMISSION MEETING MINUTES, AUGUST 25, 2025 RECOMMENDED ACTION: That the City Council receive and file the minutes.
5. PLANNING COMMISSION MEETING MINUTES, SEPTEMBER 8, 2025 RECOMMENDED ACTION: That the City Council receive and file the minutes.
6. FINANCIAL REVIEW COMMITTEE MEETING MINUTES, APRIL 29, 2025 RECOMMENDED ACTION: That the City Council receive and file the minutes.
7. CLAIMS AND DEMANDS
RECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.
8. TREASURER’S REPORT
RECOMMENDED ACTION: That the City Council receive and file the Treasurer’s Report for July, 2025.
9. CITY COUNCIL POLICY UPDATE – ADOPTING SERIRES 222-401 RECOMMENDED ACTION: That the City Council adopt proposed revisions to City Council Policies within the 200, 300, and 400 Series.
10.SECOND READING OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER 12, VEHICLES AND TRAFFIC
RECOMMENDED ACTION: That the City Council hold a Second Reading and adopt 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 City of Dana Point
City Council Regular Meeting Agenda October 7, 2025
4 11.PARKING ENFORCEMENT AGREEMENT
RECOMMENDED ACTION: That the City Council:
1) Approve a First Amendment to the Consultant Services Agreement with Ameripark, for parking enforcement services and authorize the City Manager or designee to sign the document and make any non-substantive changes on behalf of the City; and
2) Authorize the budget adjustment as outlined in the Fiscal Impact Section of this Report.
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
12.APPEAL BY THE CENTER FOR NATURAL LANDS MANAGEMENT OF THE PLANNING COMMISSION’S DETERMINATION THAT UPHELD THE COMMUNITY DEVELOPMENT DIRECTOR’S DETERMINATION THAT COASTAL DEVELOPMENT PERMIT CDP24-0022 IS NOT
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND REQUIRES
PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT RECOMMENDED ACTION: That the City Council:
1) Open the Public Hearing; and;
2) Adopt an Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION’S DETERMINATION DENYING THE
APPEAL FILED BY THE CENTER FOR NATURAL LANDS MANAGEMENT, CONSISTENT WITH THE COMMUNITY DEVELOPMENT DIRECTOR’S
DETERMINATION THAT COASTAL DEVELOPMENT PERMIT CDP24-0022 IS NOT City of Dana Point
City Council Regular Meeting Agenda October 7, 2025
5 EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND REQUIRES
PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
13. INTRODUCTION OF AND ORDINANCE APPROVING ZONE TEXT AMENDMENT ZTA25-0001 REPEALING CHAPTER 4.40 OF THE DANA POINT MUNICIPAL CODE AND ADDING SECTION
9.07.280 TO TITLE 9 OF THE DANA POINT MUNICIPAL CODE AND SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT LCPA25-0001 TO THE CALIFORNIA COASTAL
COMMISSION
RECOMMENDED ACTION: That the City Council:
1) Open the Public Hearing; and;
2) Hold a first reading of an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA ADOPTING ZTA25-0001, REPEALING CHAPTER 4.40 OF THE DANA POINT MUNICIPAL CODE AND ADDING SECTION 9.07.280, ENTITLED “DENSITY BONUS APPLICATION REQUIREMENTS AND PROCESSING” TO TITLE 9 OF THE DANA POINT MUNICIPAL CODE AND SUBMITTING THE ASSOCIATED LOCAL COASTAL PROGRAM AMENDMENT LCPA25- 0001 TO THE CALIFORNIA COASTAL COMMISSION FOR APPROVAL AND CERTIFICATION 3) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, RECOMMENDING APPROVAL OF LOCAL COASTAL PROGRAM AMENDMENT LCPA25- XXXX AND ZONE TEXT AMENDMENT ZTA25-0001 TO ADD SECTION 9.07.280 TO TITLE 9
OF THE DANA POINT MUNICIPAL CODE
14. GENERAL PLAN AMENDMENT (GPA22-0001) UPDATING CIRCULATION AND MOBILITY , AND ECONOMIC DEVELOPMENT ELEMENTS, GENERAL PLAN AMENDMENT (GPA22-0002) UPDATING THE PUBLIC SAFETY ELEMENT, GENERAL PLAN AMENDMENT (GPA 22-0003)
INTRODUCTION CHAPTER UPDATE, ADOPTION OF A CEQA ADDENDUM TO THE GENERAL
PLAN ENVIRONMENTAL IMPACT REPORT (EIR), ADOPTION OF TRANSPORTATION IMPACT
ANALYSIS GUIDELINES, AND MASTER PLAN OF ARTERIAL HIGHWAY (MPAH)
DESIGNATIONS
RECOMMENDED ACTION: That the City Council:
1) Open the Public Hearing; and;
2) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA) 22-0001 UPDATING THE CITY’S CIRCULATION AND MOBILITY, AND ECONOMIC DEVELOPMENT ELEMENTS,” IN THEIR ENTIRETY; and
City of Dana Point
City Council Regular Meeting Agenda October 7, 2025
6 3) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA22-0002 UPDATING THE CITY’S PUBLIC SAFETY ELEMENT,” IN ITS ENTIRETY; and
4) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GPA22-0003 UPDATING THE INTRODUCTION CHAPTER OF THE GENERAL PLAN,” IN ITS ENTIRETY (ACTION DOCUMENT C); and
5) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA
ADOPTING TRANSPORTATION IMPACT ANALYSIS GUIDELINES FOR BOTH CEQA AND NON-CEQA ASSESSMENT WITHIN THE CITY OF DANA POINT; and 6) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
APPROVING AMENDMENTS TO MASTER PLAN OF ARTERIAL HIGHWAYS (MPAH) DESIGNATIONS; and
7) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING A CEQA ADDENDUM TO THE CITY’S CERTIFIED GENERAL PLAN EIR
FOR AMENDMENTS TO THE CIRCULATION AND MOBILITY, ECONOMIC
DEVELOPMENT, PUBLIC SAFETY ELEMENTS, AND INTRODUCTION CHAPTER OF THE CITY’S GENERAL PLAN
UNFINISHED BUSINESS
15. POLICE SERVICES COMMUNITY UPDATE
RECOMMENDED ACTION: That the City Council receive and file the report.
NEW BUSINESS
16. PERMIT FEE WAIVER FOR NEW RAILING AT CAPISTRANO BEACH PARK RECOMMENDED ACTION: That the City Council waive the permit fee for Orange County Parks (OC Parks) to apply for a Coastal Development Permit to construct a 141-foot-long, 42-inch-high railing along the sidewalk at the entrance of Capistrano Beach Park at the end of Palisades Drive, adjacent to Coast Highway.
City of Dana Point
City Council Regular Meeting Agenda October 7, 2025
7 17. PROPOSITION 50
RECOMMENDED ACTION: That the City Council adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF DANA POINT, ADOPTING A POSITION OF OPPOSITION TO PROPOSITION 50 ON THE NOVEMBER 2025 BALLOT 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
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 H2O for HOAs - Norman P. Murray Community & Senior Center 10/25/2025 Halloween Spooktacular & Trunk or Treat
11/01/2025 Dia de los Muertos
ADJOURNMENT
The next Regular Meeting of the City Council will be October 21, 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 October 2, 2025, at 5:30 p.m.
City of Dana Point
City Council Regular Meeting Agenda October 7, 2025
8 ___________________________________ 10/2/2025
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.