CITY OF DANA POINT
CALIFO
O
CITY COUNCIL D: TUESDAY
REGULAR
MEETING OCTOBER 7, 2025
5:00 P.M.
MINUTES
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 25-14
CALL TO ORDER
The Regular Meeting of the City Council of the City of Dana Point, California, was called to order by Mayor 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 Frank Gonzalez; Matthew Sinacori, Director of Public Works/City Engineer; Jeff Rosaler, Interim Director of Community Development; Natalie Tran, Assistant Planner; Jaimie To, Economic Development & Housing Manager; Chirs Johnson, Principal Planner; Melissa Muraira, Interim Director of Community Development; Tamara Theodossin, Community Outreach Worker; Ryan Haworth, Deputy City Clerk.
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
City of Dana Point
City Council Regular Meeting Minutes October 7, 2025
c. Center For Natural Lands Management v City of Dana Point, Orange County Superior Court Case No: 30-2021-01219668
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 Mayor Pagano recessed the meeting into a Closed Session at 5:02 PM pursuant to Government Code Section 54957.
RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
Mayor Pagano reconvened the meeting at 6:04 PM.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Villar.
PRESENTATIONS AND PROCLAMATIONS
Employee of the Quarter - Mikey Gonzalez, Recreation Specialist Mayor Pagano and Melissa Muraira, Interim Director of Community Services, presented Mikey Gonzalez, Recreation Specialist, with a Certificate of Recognition for Employee of the Quarter. 2 City of Dana Point
City Council Regular Meeting Minutes October 7, 2025
Volunteers of the Quarter - Jennifer Keil and Ashley Keene, Arts Ambassadors Mayor Pagano and Jaimie To, Economic Development and Housing Manager, presented Certificates of Recognition to Jennifer Keil and Ashley Keene, Arts Ambassadors, for Volunteers of the Quarter.
National Arts & Humanities Month
Mayor Pagano presented a Proclamation to the Dana Point Arts & Culture Ambassadors for National Arts & Humanities Month.
READING OF ORDINANCE TITLES
Shayna Sharke, City Clerk, read two (2) Ordinance Titles.
CONSENT CALENDAR
Item 10 was pulled by a member of the public.
IT WAS MOVED BY COUNCIL MEMBER FEDERICO, SECONDED BY MAYOR PRO TEM GABBARD,
THAT THE RECOMMENDATIONS BE ACCEPTED FOR ALL ITEMS ON THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 10.
The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
1. WAIVE THE READING OF ORDINANCES AND APPROVE READING BY TITLE ONLY
APPROVED THE READING BY TITLE ONLY OF ALL ORDINANCES AND THAT FURTHER READING OF SUCH ORDINANCES BE WAIVED.
2. REGULAR MEETING MINUTES, SEPTEMBER 16, 2025
APPROVED THE MINUTES.
3. SPECIAL MEETING MINUTES, SEPTEMBER 18, 2025
APPROVED THE MINUTES.
* 4. PLANNING COMMISSION MEETING MINUTES, AUGUST 25, 2025 RECEIVED AND FILED THE MINUTES.
5. PLANNING COMMISSION MEETING MINUTES, SEPTEMBER 8, 2025 RECEIVED AND FILED THE MINUTES.
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6. FINANCIAL REVIEW COMMITTEE MEETING MINUTES, APRIL 29, 2025 RECEIVED AND FILED THE MINUTES.
7. CLAIMS AND DEMANDS
RECEIVED AND FILED THE CLAIMS AND DEMANDS.
8. TREASURER'S REPORT
RECEIVED AND FILED THE TREASURER'S REPORT FOR JULY, 2025.
9. CITY COUNCIL POLICY UPDATE - ADOPTING SERIES 222-401 ADOPTED PROPOSED REVISIONS TO CITY COUNCIL POLICIES WITHIN THE 200, 300, AND 400 SERIES.
I0.SECOND READING OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER 12, VEHICLES AND TRAFFIC
Item 10 was pulled by a member of the public.
Kelly Reenders, Assistant City Manager, introduced the item.
Thomas Miller (Dana Point) expressed concerns regarding people sleeping in their vehicles around his neighborhood.
Tamara Theodossin, Community Outreach Worker, and Kelly Reenders answered questions of the Council.
Discussion ensued.
IT WAS MOVED BY COUNCIL MEMBER VILLAR, SECONDED BY COUNCIL MEMBER
FEDERICO, THAT THE CITY COUNCIL HOLD A SECOND READING AND ADOPT ORDINANCE 25-14 OF THE CITY OF DANA POINT ENTITLED:
iN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNI DDING SECTION 12.08.051 TO TITLE 12 OF THE DANA POINT MUNICIPAL COD The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
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11. PARKING ENFORCEMENT AGREEMENT
THE CITY COUNCIL:
1) APPROVED A FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
AMERIPARK, FOR PARKING ENFORCEMENT SERVICES AND AUTHORIZED THE CITY
MANAGER OR DESIGNEE TO SIGN THE DOCUMENT AND MAKE ANY NON-SUBSTANTIVE CHANGES ON BEHALF OF THE CITY; AND
2) AUTHORIZED THE BUDGET ADJUSTMENT.
PUBLIC COMMENTS
Dana Yarger (Dana Point) thanked Staff for their efforts regarding the parking on Del Prado and highlighted the upcoming Dana Point Film Festival.
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 Jeff Rosaler, Interim Director of Community Development, provided a Staff Report.
Patrick Munoz, City Attorney, introduced the City's third-party CEQA consultant from MBI, Jennifer Farrell, Deputy City Attorney, and Terrence Gallagher, serving as the City Council's Attorney.
Terrence Gallagher and Patrick Munoz answered questions of the City Council.
Mayor Pagano opened the Public Hearing at 6:42 PM.
Sarah Mueller (CNLM Appellant) provided testimony regarding their appeal.
Rick Erkeneff (Dana Point) spoke in opposition of the appeal.
Erinn Wilson-Olgin (California Department of Fish and Wildlife) spoke in favor of the appeal.
Mayor Pagano closed the Public Hearing at 6:55 PM.
Erinn Wilson-Olgin answered questions of the City Council.
Discussion ensued.
Sarah Mueller answered questions of the City Council.
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IT WAS MOVED BY MAYOR PRO TEM GABBARD, SECONDED BY COUNCIL MEMBER VILLAR, THAT THE CITY COUNCIL ADOPT RESOLUTION 25-10-07-01 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 A
COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION THAT COASTAL DEVELOPMENT PERMIT CDP24-0022IS NOT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND REQUIRES PREPARATION OF A SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT
The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
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
Jeff Rosaler, Interim Director of Community Development, provided a Staff Report.
Mayor Pagano opened the Public Hearing at 7:16 PM.
There were no public comments.
Mayor Pagano closed the Public Hearing at 7:16 PM.
IT WAS MOVED BY COUNCIL MEMBER FROST, SECONDED BY MAYOR PRO TEM GABBARD, THAT THE CITY COUNCIL:
1) HOLD A FIRST READING OF ORDINANCE 25-XX 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
2) ADOPT RESOLUTION 25-10-07-02 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,
RECOMMENDING APPROVAL OF LOCAL COASTAL PROGRAM AMENDMENT 6 City of Dana Point
City Council Regular Meeting Minutes October 7, 2025
LCPA25-XXXX AND ZONE TEXT AMENDMENT ZTA25-0001 TO ADD SECTION 9.07.280 TO TITLE 9 OF THE DANA POINT MUNICIPAL CODE
The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
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
Chris Johnson, Principal Planner, introduced the item.
Collin Drukker (PlaceWorks) presented on the General Plan Amendment.
Mayor Pagano opened the Public Hearing at 7:29 PM.
There were no public comments.
Mayor Pagano closed the Public Hearing at 7:29 PM.
Discussion ensued.
IT WAS MOVED BY MAYOR PRO TEM GABBARD, SECONDED BY COUNCIL MEMBER FROST, THAT THE CITY COUNCIL:
1) ADOPT RESOLUTION 25-10-07-03 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
2) ADOPT RESOLUTION 25-10-07-04 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 3) ADOPT RESOLUTION 25-10-07-05 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GPA22-0003 7 City of Dana Point
City Council Regular Meeting Minutes October 7, 2025
UPDATING THE INTRODUCTION CHAPTER OF THE GENERAL PLAN," IN ITS ENTIRETY; AND
4) ADOPT RESOLUTION 25-10-07-06 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
5) ADOPT RESOLUTION 25-10-07-07 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
6) ADOPT RESOLUTION 25-10-07-08 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
The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
UNFINISHED BUSINESS
15. POLICE SERVICES COMMUNITY UPDATE
Captain Gonzalez provided a Staff Report.
Discussion ensued.
THE CITY COUNCIL RECEIVED AND FILED THE REPORT.
NEW BUSINESS
16. PERMIT FEE WAIVER FOR NEW RAILING AT CAPISTRANO BEACH PARK Natalie Tran, Assistant Planner, provided a Staff Report.
Discussion ensued.
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A MOTION WAS MADE BY COUNCIL MEMBER VILLAR THAT THE CITY COUNCIL REDUCE THE PERMIT FEE BY 50% 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.
THE MOTION FAILED DUE TO LACK OF A SECOND.
Discussion ensued.
IT WAS MOVED BY COUNCIL MEMBER FROST, SECONDED BY COUNCIL MEMBER
FEDERICO, 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.
The motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Villar, Pagano
NOES: None
ABSENT: None
17. PROPOSITION 50
Council Member Federico presented the item.
Discussion ensued.
IT WAS MOVED BY COUNCIL MEMBER FEDERICO, SECONDED BY COUNCIL MEMBER FROST, THAT THE CITY COUNCIL ADOPT RESOLUTION 25-10-07-09 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF DANA POINT, ADOPTING A POSITION OF OPPOSITION TO PROPOSITION 50 ON THE NOVEMBER 2025 BALLOT
THE MOTION WAS AMENDED BY COUNCIL MEMBER FEDERICO, SECONDED BY COUNCIL MEMBER FROST, THAT THE CITY COUNCIL CHANGE THE FINAL "WHEREAS" CLAUSE IN RESOLUTION 25-10-07-09 TO READ: "WHEREAS, THE CITY OF DANA POINT WOULD LEAVE THE 49TH CONGRESSIONAL DISTRICT AND JOIN THE 47TH CONGRESSIONAL DISTRICT" AND TO ADOPT RESOLUTION 25-10-07-09 WITH THE SPECIFIED AMENDMENT ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF DANA POINT, ADOPTING A POSITION OF OPPOSITION TO PROPOSITION 50 ON THE NOVEMBER 2025 BALLOT The amended motion carried by the following vote:
AYES: Federico, Frost, Gabbard, Pagano
NOES: Villar
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ABSENT: None
COUNCIL REPORTS, INCLUDING CITY RELATED MEETINGS ATTENDED Council Member Federico stated that he has turned in his list of meetings and had nothing to report.
Council Member Villar stated that he has turned in his list of meetings and had nothing to report Council Member Frost stated that he has turned in his list of meetings and thanked Staff for their detailed Staff Report regarding the CNLM appeal.
Mayor Pro Tem Gabbard stated that he has turned in his list of meetings and provided an update on OC Vector Control, noting that West Nile Virus remains present in Northern County. He reminded residents to remove standing water and to take protective measures.
Mayor Pagano stated that he will turn in his list of meetings, announced upcoming events in Dana Point.
He also recognized his neighbor, Margaret Lang, who recently passed away at the age of 107.
STAFF REPORTS
Michael Killebrew, City Manager, stated that he had nothing to report.
Patrick Munoz, City Attorney, provided the City Council with an update on the recently passed Senate Bill 707 and advised that changes will be made to the Brown Act.
ADJOURNMENT
There being no further business before the City Council at this session, Mayor Pagano adjourned the meeting at 8:15 PM. He announced that 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.
Thaya sue
SHAYNA SHARKE, CITY CLERK
APPROVED AT THE MEETING OF OCTOBER 21, 2025
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City Council Regular Meeting Minutes October 7, 2025
Meetings attended since September 17, 2025
Mayor Pagano
Mayor Pro Tem Gabbard
09/24/2025 OCCOG Meeting
09/25/2025 OCCOG Board of Directors Meeting
09/25/2025 Ocean Alliance Network Award Presentation
09/29/2025 CALCOG Board Meeting
09/30/2025 5th District Mayor's Forum
10/01/2025 2025 Southern California Demographic Workshop SCAG 10/02/2025 OC Parks Commission Meeting
10/06/2025 OCCOG Executive Management Meeting
10/07/2025 Meeting with Rod Harron and Robin Gordon regarding Outrigger Temp Storage at Baby Beach
Council Member Mike Frost
07/17/2025 ACC-OC
07/23/2025 TCA
07/23/2025 DP Chamber Meeting
07/26/2025 Fish for Life
08/01/2025 Dana Hills Football
08/10/2025 Fish for Life
08/16/2025 Ramps and Amps
08/18/2025 OCHFT
08/21/2025 OCFA
08/24/2025 DP Car Show
08/28/2025 H&CD
08/28/2025 ACC-OC
09/052025 Wine Experience
09/09/2025 Financial Review Committee
09/14/2025 Fish for Life
09/24/2025 TCA
09/25/2025 ACC-OC
09/25/2025 OCFA
Council Member Federico
Various: OCTA Board, Exec, Finance, and Regional Transportation Planning Committees Various: ACC-OC Board and Exec Committee
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Council Member Michael Villar
10/06/2025 Laughs for Leathernecks
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