Dana Point — 2023-02-07

CLOSED SESSION\nA. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT\nEXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (2 cases)\nB. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Government Code §\n54956.9 (d)(1), (1 case)\nName of Case: Center for Natural Lands Management v City of Dana Point, Orange County\nSuperior Court Case No: 30-2021-01219668 CU-OR-CJC\nRECESS OF CITY COUNCIL MEETING UNTIL 6:00 P.M.

1. WAIVE THE READING OF ORDINANCES AND APPROVE READING BY TITLE ONLY\nRECOMMENDED ACTION: That the City Council approve the reading by title only of all\nordinances and that further reading of such ordinances be waived.

10. INVESTMENT OF COMMUNITY INVESTMENT ACCOUNT FUNDS\nRECOMMENDED ACTION: That the City Council authorize the City Manager to invest $8.0\nmillion of the available Community Investment Account (CIA) funds in a 2-year Treasury Note\nmaturing in February 2025.

11. AUDIT CONTRACT EXTENSION\nRECOMMENDED ACTION: That the City Council authorize the City Manager to execute a\ncontract amendment with Davis Farr, LLC to extend the City’s audit services agreement for one\nyear to complete the fiscal year 2023 audit.

12. APPROVAL OF PROFESSIONAL sERVICES AGREEMENT FOR LOCAL HAZARD\nMITIGATION PLAN PREPARATION SERVICES WITH JACOB GREEN & ASSOCIATES\nRECOMMENDED ACTION: That the City Council:\n1. Authorize and approve the City Manager to execute the Professional Services Agreement and\nfuture amendments to the Agreement with Jacob Green & Associates to coordinate, facilitate\nand develop Dana Point’s Local Hazard Mitigation Plan, and;\n3\n2. Authorize a budget appropriation as outlined in the Fiscal Impact section of this report.

13. STREET SWEEPING AND PARKING ENFORCEMENT PROGRAM\nRECOMMENDED ACTION: That the City Council:\n1) Approve a Consultant Services Agreement with Ameripark, LLC for parking enforcement services\nand authorize the City Manager or designee to sign the document and make any non-substantive\nchanges on behalf of the City; and\n2) Receive and file a recommendation from the City Manager to implement an innovative pilot\nprogram to deploy the JAPA, Inc. technology on Violet Lantern, and potentially Amber Lantern\nbetween Pacific Coast Highway (PCH) and Del Prado to enforce time restricted parking zones\nmore efficiently; and\n3) Authorize the budget adjustment as outlined in the Fiscal Impact Section of the Report.

14. TENANT LEASE AMENDMENTS WITH THE CONGRESSIONAL DISTRICT OFFICE AND\nFALCK AMBULANCE\nRECOMMENDED ACTION: That the City Council:\n3. Approve and authorize the City Manager to execute a two-year lease amendment between the\n4. Approve and authorize the City Manager to execute a lease agreement between the City of\nDana Point and Falck Ambulance, with the option to make annual CPI adjustments to the\nmonthly rent, and;\n5. Authorize the City Manager to sign future City Hall tenant lease agreements, determine\napplicable rent rates and make any non-substantive changes hereafter.\nPUBLIC COMMENTS\nAny person wishing to address the City Council during the Public Comments section or on an Agenda\nitem is asked to complete a “Request to Speak” form available on the table at the side of the Council\nChamber. The completed form is to be submitted to the City Clerk prior to the Agenda item being called\nby the Mayor and prior to the individual being heard by the City Council.\nIn order to conduct a timely meeting, there will be a three-minute time limit per person and an overall time\nlimit of thirty minutes for this Public Comments portion of the agenda. At the Mayor’s discretion, the\nbalance of public comments will be heard after the New Business portion of the agenda. All comments\nare to be directed to the City Council and shall not consist of any personal attacks. Members of the public\nare expected to maintain a professional, courteous decorum during their comments. State law prohibits\nthe City Council from taking action on a specific item unless it appears on the posted Agenda.\nIf anyone has handouts to distribute to the City Council, please follow proper procedure and hand them\nto the City Clerk. The City Clerk will see that they are distributed.\n4\nPUBLIC HEARINGS

15. 2023 WEED ABATEMENT PROGRAM\nRECOMMENDED ACTION: adopt the attached resolution of the City of Dana Point as follows:\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nDECLARING WEEDS A PUBLIC NUISANCE AND INITIATING ABATEMENT PROCEEDINGS;\nand,\nThat the City Council hear any objections regarding weed abatement and thereafter adopt one of\nthe two attached Resolutions as follows:\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nOVERRULING OBJECTIONS AND PROCEEDING WITH WEED ABATEMENT; or\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nHEARING NO OBJECTIONS AND PROCEEDING WITH WEED ABATEMENT.

16. APPEAL OF THE PLANNING COMMISSION’S DECEMBER 12, 2022 DECISION TO DENY\nCOASTAL DEVELOPMENT PERMIT CDP22-0017 AND CONDITIONAL USE PERMIT CUP22-\n0007: A REQUEST FOR THE ADDITION AND REMODEL OF AN EXISTING ONE (1) STORY,\nSINGLE-FAMILY DWELLING, WHICH INCLUDES THE CONSTRUCTION OF A SECOND\nSTORY, ONE (1) BEDROOM, TWO (2) BATH, 743 SQUARE FOOT, SECOND DWELLING\nUNIT (REFERRED TO AS AN “ACCESSORY DWELLING UNIT (ADU)” PER GOVERNMENT\nCODE SECTION 65852.2) AND AN EXPANSION OF THE EXISTING TWO (2) CAR GARAGE\nTO ACCOMMODATE THREE (3) VEHICLES, LOCATED WITHIN THE CITY’S COASTAL\nZONE, AT 432 MONARCH BAY DRIVE\nRECOMMENDED ACTION: That the City Council adopt the resolution denying the appeal and\nsustaining the Planning Commission’s decision to deny Coastal Development Permit CDP22-0017\nand Conditional Use Permit CUP22-0007 for the addition and remodel of an existing one (1) story,\nsingle-family dwelling, which includes the construction of a second story, one (1) bedroom, two (2)\nbath, 743 square foot, second dwelling unit (referred to as an “accessory dwelling unit (ADU)” per\ngovernment code section 65852.2) and an expansion of the existing two (2) car garage to\naccommodate three (3) vehicles, located within the City’s Coastal Zone, at 432 Monarch Bay\nDrive.

17. RESOLUTION ADOPTING SHORT-TERM RENTAL PERMIT AND PERMIT RENEWAL FEES\nRECOMMENDED ACTION: That the City Council adopt a resolution entitled:\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT,\nCALIFORNIA, ADOPTING SHORT-TERM RENTAL PERMIT AND PERMIT RENEWAL\nFEES\n5\nUNFINISHED BUSINESS

18. UPDATE AND IMPLEMENTATION OF COASTAL DEVELOPMENT PERMIT FOR SHORT-\nTERM RENTALS IN THE COASTAL ZONE; ADOPTION OF URGENCY ORDINANCE –\nAMENDMENT TO MUNICIPAL CODE SECTION 5.38 (SHORT-TERM RENTAL PERMITS)\nAND FINDINGS OF EXEMPTION FROM CEQA RELATED TO SAME; PROVIDE DIRECTION\nREGARDING PROPOSED PROCESS FOR REVIEW AND ISSUANCE OF SHORT-TERM\nRENTAL PERMITS\nRECOMMENDED ACTION: That the City Council:\n1. Authorize the City Manager to sign the Short-Term Rental (STR) Program Coastal\nDevelopment Permit (CDP) Acknowledgement to accept the conditions required by the\nCalifornia Coastal Commission and begin implementation of the CDP.\n2. Adopt an urgency ordinance amending Section 5.38 of the Municipal Code to create STR\nPermit requirements, and establish regulations for short-term rentals outside of the Coastal\nZone, including findings of exemption from CEQA, entitled:\nAN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT,\nCALIFORNIA, AMENDING CHAPTER 5.38 OF THE DANA POINT MUNICIPAL CODE\nRELATED TO BUSINESS REGULATIONS FOR SHORT-TERM RENTALS\n3. Review and provide direction, if needed, for the proposed process to review STR Permit\napplications and issue STR Permits.\nNEW BUSINESS

19. AMENDMENT OF DANA POINT MUNICIPAL CODE TITLE 12\nRECOMMENDED ACTION: That the City Council receive, direct, discuss and advise on the\nproposed changes to Title 12 (Vehicles and Traffic) of the Dana Point Municipal Code as part of\nthe comprehensive review of the City’s Municipal Code

7. CITY TREASURER’S REPORT, DECEMBER 2022\nRECOMMENDED ACTION: That the City Council receive and file the City Treasurer’s Report,\nDecember 2022.

8. CLAIMS AND DEMANDS\nRECOMMENDED ACTION: That the City Council receive and file the Claims and Demands.

9. QUARTERLY FINANCIAL REPORT, DECEMBER 2022\nRECOMMENDED ACTION: That the City Council receive and file the Quarterly Financial Report\nfor the period ended December 31, 2022.