CITY OF DANA POINT
AGENDA
Location: City Council Chamber, 33282 Golden Lantern, Suite 210, Dana Point, California 92629 Next City Council Ordinance No. 26-02
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:
John Gabbard, Mayor
Mike Frost, Mayor Pro Tem
Jamey M. Federico, Council Member
Matthew Pagano, Council Member
Michael Villar, Council Member
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (3 cases):
a. Center For Natural Lands Management v City of Dana Point, Orange County Superior Court Case No: 30-2021-01219668
b. ST Apartments vs. City of Dana Point; Orange County Superior Court Case No 30-2024- 01397922
c. City of Dana Point v. Sunshine Group LLC (Seaside Inn), Orange County Superior Court Case No. 30-2017- 00915900
CITY COUNCIL
REGULAR
MEETING
TUESDAY
MARCH 17, 2026
5:00 P.M.
City of Dana Point
City Council Regular Meeting Agenda March 17, 2026
2 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Government Code § 54956.8 Location: Doheny Park Road between Las Vegas Avenue and Camino Capistrano
Agency Negotiator: Rutan and Tucker
Negotiating Parties: City of Dana Point and Various Property Owners Under Negotiation: Price and terms of agreement relating to property C. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Government Code § 54956.9 (d)(4), (1 case)
a. California Coastal Commission
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Government Code § 54957 a. Title: City Manager
RECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.
RECONVENE CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
Business of the Quarter – Paradise Nails
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, FEBRUARY 17, 2026
RECOMMENDED ACTION: That the City Council approve the minutes.
City of Dana Point
City Council Regular Meeting Agenda March 17, 2026
3 3. SPECIAL MEETING MINUTES, FEBRUARY 24, 2026
RECOMMENDED ACTION: That the City Council approve the minutes.
4. PLANNING COMMISSION MEETING MINUTES, FEBRUARY 9, 2026 RECOMMENDED ACTION: That the City Council receive and file the minutes.
5. FINANCIAL REVIEW COMMITTEE MEETING MINUTES, OCTOBER 28, 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 from January, 2026.
8. QUARTERLY FINANCIAL REPORT FOR QUARTER ENDED DECEMBER 31, 2025 RECOMMENDED ACTION: That the City Council receive and file the Quarterly Financial Report.
9. AMENDMENT TO AGREEMENT WITH MCCi FOR ELECTRONIC RECORDS MANAGEMENT
SOFTWARE
RECOMMENDED ACTION: That the City Council authorize the City Manager, or designee, to execute the First Amendment to the agreement with MCCi for Laserfiche Electronic Records Management Software (ERMS) to increase cloud storage capacity, based on the pricing in the Fiscal Impact section and including a contingency of up to 15% to accommodate potential changes in storage requirements.
10.SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER 6.14
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 AMENDING CHAPTER 6.14 OF THE DANA POINT MUNICIPAL CODE
City of Dana Point
City Council Regular Meeting Agenda March 17, 2026
4 11.SECOND READING AND ADOPTION OF AN ORDINANCE OF AN ORDINANCE BANNING THE
SALE AND DISTRIBUTION OF KRATOM PRODUCTS
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 CHAPTER 5.41 (PROHIBITION OF THE SALE AND DISTRIBUTION OF KRATOM) TO TITLE 5 OF THE DANA POINT MUNICIPAL CODE
12.SALES TAX CONSULTANT AGREEMENT
RECOMMENDED ACTION: That the City Council authorize the City Manager, or designee, to execute a Master Services Agreement with Hinderliter, de Llamas and Associates to provide sales and use tax consulting, analysis, and audit recovery services.
13.WISE INFRASTRUCTURE SYSTEM ENTERPRISE (WISE) AGREEMENT WITH THE COUNTY OF ORANGE
RECOMMENDED ACTION: That the City Council:
1) Approve the attached WISE Agreement with the County of Orange for municipal solid waste disposal rates and services; and
2) Authorize the City Manager, or designee, to execute the Agreement on behalf of the City and make minor modifications as necessary.
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.
City of Dana Point
City Council Regular Meeting Agenda March 17, 2026
5 PUBLIC HEARINGS
14.(CONTINUED FROM JANUARY 20, 2026 MEETING) APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE VARIANCE V25-0001 AND SITE DEVELOPMENT PERMIT SDP25-0010 TO ALLOW THE DEVELOPMENT OF A THREE-STORY, SINGLE-FAMILY DWELLING AT 33911 CALLE LA PRIMAVERA
RECOMMENDED ACTION: That the City Council:
1) Conduct a public hearing; and
2) Review and adopt a Resolution upholding the appeal and overturning the Planning Commission’s decision to approve Variance V25-0001 and Site Development Permit SDP25- 0010 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, UPHOLDING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION’S DECISION TO APPROVE VARIANCE V25-0001 AND SITE DEVELOPMENT PERMIT SDP25-0010 TO ALLOW THE DEVELOPMENT OF A THREE STORY, SINGLE-FAMILY
DWELLING AND ATTACHED GARAGE IN A HILLSIDE CONDITION EXCEEDING THE
MAXIMUM ALLOWABLE BUILDING HEIGHT AND TO CONSTRUCT OVER HEIGHT RETAINING WALLS LOCATED WITHIN THE FRONT YARD SETBACK AT 33911 CALLE LA
PRIMAVERA
UNFINISHED BUSINESS
15.2025 HOUSING ELEMENT ANNUAL PROGRESS REPORT
RECOMMENDED ACTION: That the City Council receive and file the 2025 Housing Element Annual Progress Report.
NEW BUSINESS
16.MID-FISCAL YEAR 2025-26 BUDGET STATUS REPORT
RECOMMENDED ACTION: That the City Council:
1) Receive and file the Mid-Fiscal Year 2025-26 Budget Status Report and authorize the budget amendments detailed within the report; and,
2) Authorize the City Manager to approve the upgrade of the City’s Tyler Technologies ERP Pro financial management system to the cloud-based (SaaS) version and the associated annual subscription, including a first-year contingency of up to 10% and any applicable annual CPI increases.
City of Dana Point
City Council Regular Meeting Agenda March 17, 2026
6 17.DAYLIGHTING UPDATES TO COUNCIL POLICY NO 112 – ACCEPTANCE AND DEDICATION
OF EQUIPMENT AND DONATIONS
RECOMMENDED ACTION: That the City Council review, discuss, and provide recommendations to Staff on proposed revisions to City Council Policy No. 112.
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 Kelly Reenders)
(City Attorney Patrick Muñoz)
UPCOMING EVENTS
Farmers Market and Craft Fair Every Saturday – La Plaza 03/21/2026 Bulky Item Day – South Shores Church
03/21/2026 Monarch Butterfly Habitat Workday – Sea Terrace Park 04/04/2026 Egg Hunts – Pines Park and Sea Canyon Park
04/10/2026 Deadline to Register for CERT Program
04/11/2026 Monarch Butterfly Habitat Workday – Creekside Park
ADJOURNMENT
The next Regular Meeting of the City Council will be April 7, 2026, 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 March 12, 2026, at 5:30 p.m. ___________________________________ 3/12/2026
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.
City of Dana Point
City Council Regular Meeting Agenda March 17, 2026
7 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.
NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE MEETING.