AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 25-15
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 – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (1 case) B. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Government Code § 54956.9 (d)(4), (1 case)
Case Name: City of Huntington Beach, et al.v. Newsom, et al., No. 25-337 (US Supreme Court) C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (1 case)
a. ST Apartments vs. City of Dana Point; Orange County Superior Court Case No 30-2024- 01397922
D. PUBLIC EMPLOYMENT, Government Code § 54957: Title: City Manager
CITY COUNCIL
REGULAR
MEETING
TUESDAY
OCTOBER 21, 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 21, 2025
2 E. 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
• Local Hero Recognition - Thomas Alspaugh & Judah Ely
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, OCTOBER 7, 2025
RECOMMENDED ACTION: That the City Council approve the minutes.
3. PLANNING COMMISSION MEETING MINUTES, SEPTEMBER 22, 2025 RECOMMENDED ACTION: That the City Council receive and file the minutes.
4. CLAIMS AND DEMANDS
RECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.
5. TREASURER’S REPORT
RECOMMENDED ACTION: That the City Council receive and file the Treasurer’s Report for August, 2025.
City of Dana Point
City Council Regular Meeting Agenda October 21, 2025
3 6. SECOND READING AND ADOPTION OF AN 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 hold a second reading and adopt 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
7. ADOPTION OF THE CITY OF DANA POINT TITLE VI PLAN
RECOMMENDED ACTION: That the City Council:
1) Adopt a Resolution entitled:
A RESOLUTION OF THE CITY OF DANA POINT, CALIFORNIA ADOPTING THE CITY OF
DANA POINT TITLE VI PLAN
2) Authorize the City Manager or his designee to sign and submit all required documentation to Caltrans to remain compliant with Title VI requirements.
8. YOUTH BOARD APPOINTMENTS
RECOMMENDED ACTION: That the City Council appoint seven (7) Board Members to the Dana Point Youth Board.
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.
City of Dana Point
City Council Regular Meeting Agenda October 21, 2025
4 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
9. EXTENSION OF URGENCY ORDINANCE 25-11: AN INTERIM MEASURE ADOPTING
ACCESSORY DWELLING UNIT (ADU) REGULATIONS EXPRESSLY APPROVED BY THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD), AND PROHIBITING ADU/JADU USES CONFLICTING WITH THE CITY COUNCIL’S CONTEMPLATED
ADOPTION OF ADU REGULATIONS EXPRESSLY APPROVED BY HCD
REPORT BY CITY COUNCIL DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE
CONDITION THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE RECOMMENDED ACTION: That the City Council:
1) Open the Public Hearing; and;
2) Extend Urgency Ordinance 25-11 entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT,
CALIFORNIA, ADOPTING AN INTERIM MEASURE RELATED TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND PROHIBITING ADU/JADU USES CONFLICTING WITH THE CITY COUNCIL’S CONTEMPLATED ADOPTION OF ADU
REGULATIONS EXPRESSLY APPROVED BY HCD
10. EXTENSION OF URGENCY ORDINANCE 25-12: AN INTERIM MEASURE REPEALING ORDINANCE NO. 22-01, WHICH ADDED CHAPTER 9.72 (REGULATING SINGLE FAMILY RESIDENTIAL DUPLEXES), AND CHAPTER 7.37 (REGULATING URBAN LOT SPLITS) TO THE
CITY OF DANA POINT MUNICIPAL CODE, AND PROHIBITING USES CONFLICTING WITH THE CITY COUNCIL’S CONTEMPLATED ADOPTION OF REGULATIONS REPEALING THE FORGOING WHICH WAS ADOPTED TO IMPLEMENT SB9 IN AS MUCH AS IT IS NO LONGER
CONSISTENT WITH RELATED STATE LAW
REPORT BY CITY COUNCIL DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE
CONDITION THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE RECOMMENDED ACTION: That the City Council:
1) Open the Public Hearing; and;
2) Extend Urgency Ordinance 25-12 entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, ADOPTING AN INTERIM MEASURE REPEALING ORDINANCE NO. 22-01, WHICH ADDED CHAPTER 9.72 (REGULATING SINGLE FAMILY RESIDENTIAL DUPLEXES), AND CHAPTER 7.37 (REGULATING URBAN LOT SPLITS) TO THE CITY OF City of Dana Point
City Council Regular Meeting Agenda October 21, 2025
5 DANA POINT MUNICIPAL CODE, AND PROHIBITING USES CONFLICTING WITH THE CITY COUNCIL’S CONTEMPLATED ADOPTION OF REGULATIONS REPEALING THE FORGOING WHICH WERE ADOPTED TO IMPLEMENT SB9 IN AS MUCH AS IT IS NO
LONGER CONSISTENT WITH RELATED STATE LAW
11. EXTENSION OF URGENCY ORDINANCE 25-13: AN INTERIM MEASURE 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 PROHIBITING USES CONFLICTING WITH THE CITY COUNCIL’S CONTEMPLATED ADOPTION OF THE FORGOING THEREBY ENSURING THE CITY’S ZONING
REGULATIONS ARE CONSISTENT WITH STATE DENSITY BONUS LAW
REPORT BY CITY COUNCIL DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE
CONDITION THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE RECOMMENDED ACTION: That the City Council:
1) Open the Public Hearing; and;
2) Extend Urgency Ordinance 25-13 entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT,
CALIFORNIA, ADOPTING AN INTERIM MEASURE 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 PROHIBITING USES CONFLICTING WITH THE CITY COUNCIL’S CONTEMPLATED ADOPTION OF THE FORGOING THEREBY ENSURING THE CITY’S ZONING
REGULATIONS ARE CONSISTENT WITH STATE DENSITY BONUS LAW
UNFINISHED BUSINESS
None.
NEW BUSINESS
12. PERMIT FEE WAIVER FOR THE LOCAL NON-PROFIT DANA POINT WOMEN’S CLUB
APPLICATION FOR A VARIANCE
RECOMMENDED ACTION: That the City Council approve a waiver of the permit fees associated with the Variance entitlement and postage costs for the Dana Point Women’s Club (DPWC).
13. APPOINTMENT OF NEW CITY MANAGER AND APPROVAL OF RELATED EMPLOYMENT
AGREEMENT
RECOMMENDED ACTION: That the City Council appoint a new City Manager to replace Michael Killebrew who is retiring effective December 30, 2025, such that the new City Manager commences duties as of December 31, 2025; and, approve a related employment agreement.
City of Dana Point
City Council Regular Meeting Agenda October 21, 2025
6 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 – La Plaza 10/23/2025 H2O for HOAs - Norman P. Murray Community & Senior Center 10/23/2025 Senior Halloween Social – Community Center
10/25/2025 Halloween Spooktacular & Trunk or Treat – Dana Point Community Center 11/01/2025 Dia de los Muertos – La Plaza
ADJOURNMENT
The next Regular Meeting of the City Council will be November 4, 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 16, 2025, at 5:30 p.m. ___________________________________ 10/16/2025
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 City of Dana Point
City Council Regular Meeting Agenda October 21, 2025
7 ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE MEETING.