Dana Point — 2024-06-18

CLOSED SESSION\nA. CONFERENCE WITH LEGAL COUNSEL - LITIGATION STRATEGY REVIEW INCLUDING\nPOTENTIAL DISCUSSION OF ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO\nLITIGATION, Government Code § 54956.9 (d)(2), (3 cases) AND THE FOLLOWING EXISTING\nLITIGATION, Government Code 54956.9 (d)(1), (6 cases)\na. City of DP v. Sunshine Group LLC (Seaside Inn), Orange County Superior Court Case No.\n30-2017- 00915900\nb. Concerned Residents of Dana Point vs. City of Dana Point Case No. 2019- 01117892-CU-\nTT-CXC\nc. Center For Natural Lands Management v City of Dana Point, Orange County Superior\nCourt Case No: 30-2021-01219668 CU-OR-CJC\nd. Mitchell Carr vs. City of Dana Point, County of Orange (1973115) (Ironshore Claim No.:\nSANCAS000317850) (AWNAC Ref. No.: 2021007664) (AWAC Ref. No.: 2021007660)\ne. City of Dana Point v. Paul Frederic Meyers, Trustee of the Meyers Family Trust, Orange\nCounty Superior Court Case No: 30-2022-01301502-CU-PT-CJC\nf. Name of Case: ST Apartments vs. City of Dana Point; OCSC Case NO 30-2024-01397922-\nCU-WM-CJC\nB. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Government Code § 54957\nTitle: City Manager

10. APPROVAL AND AUTHORIZATION TO SUBMIT THE REQUIRED FY24/25 MEASURE M2\nELIGIBILITY SUBMITTAL ITEMS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY\nRECOMMENDED ACTION: That the City Council That the City Council:\n1) Approve the Seven-Year Capital Improvement Program (CIP) for FY 2024-25 through FY 2030-\n31 and certify compliance, as required by the Orange County Transportation Authority (OCTA),\nRenewed Measure M2 (M2) Program; and\n2) Authorize Staff to forward the necessary Renewed Measure M2 eligibility documentation to OCTA.

11. INTRODUCTION OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER\n14, STREETS AND SIDEWALK\nRECOMMENDED ACTION: That the City Council hold a first reading and introduce an Ordinance\nentitled:\n1) Introduce and hold the First Reading of an Ordinance of the City of Dana Point entitled:\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA\nAMENDING IN ITS ENTIRETY TITLE 14 OF THE DANA POINT MUNICIPAL CODE\nPERTAINING TO STREETS AND SIDEWALKS\n2) Direct Staff to schedule a second reading and adoption of the proposed Ordinance amending\nTitle 14 for the July 16, 2024 Regular City Council meeting.

12. GENERAL PLAN AMENDMENT GPA20-0002, ZONE CHANGE ZC24-0001, SPECIFIC PLAN\nSP24-0001, LOCAL COASTAL PROGRAM AMENDMENT LCPA20-0002, DEVELOPMENT\nAGREEMENT DA24-0001, AND APPEAL OF COASTAL DEVELOPMENT PERMIT CDP20-0005,\nSITE DEVELOPMENT PERMIT SDP20-0007, AND TENTATIVE PARCEL MAP TPM20-0001 TO\nCONSTRUCT A 306 UNIT APARTMENT COMPLEX WITH AN ATTACHED SIX STORY PARKING\nSTRUCTURE, ASSOCIATED AMENITIES, AND SITE IMPROVEMENTS AT 26126 VICTORIA\nBOULEVARD\nRECOMMENDED ACTION: That the City Council:\n1) Conduct a public hearing; and\n2) Approve Resolution approving General Plan Amendment GPA20-0002 entitled:\nAN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nAPPROVING OF GENERAL PLAN AMENDMENT (GPA20-0002), WHICH AMENDS THE\nGENERAL PLAN LAND USE ELEMENT BY MODIFYING THE LAND USE DESIGNATION OF\n“COMMUNITY FACILITIES” AND “RECREATION/OPEN SPACE” AND CREATE A NEW LAND\nUSE DESIGNATION “VICTORIA BOULEVARD SPECIFIC PLAN” AND SUBMISSION AS PART\nOF LOCAL COASTAL PROGRAM AMENDMENT (LCPA20-0002) FOR APPROVAL AND\nCERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION FOR THE PROPERTY AT\n26126 VICTORIA BOULEVARD (ACTION DOCUMENT A)\n3) Introduce and hold the first reading of an Ordinance approving Zone Change ZC24-0001 entitled:\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nAPPROVING ZONE CHANGE (ZC24-0001) TO CHANGE THE ZONING DESIGNATION FROM\nCOMMUNITY FACILITY AND RECREATION TO “VICTORIA BOULEVARD SPECIFIC PLAN”,\nAND SUBMISSION AS PART OF LOCAL COASTAL PROGRAM AMENDMENT (LCPA20-0002)\nFOR APPROVAL AND CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION AT\n26126 VICTORIA BOULEVARD (ACTION DOCUMENT B)\n4) Introduce and hold the first reading of an Ordinance approving Specific Plan SP24-0001 entitled:\nA ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nAPPROVING THE VICTORIA BOULEVARD SPECIFIC PLAN (SP24-0001) AND\nINCORPORATE IT AS APPENDIX G OF THE ZONING CODE, AND SUBMISSION AS PART\nOF LOCAL COASTAL PROGRAM AMENDMENT (LCPA20-0002) FOR APPROVAL AND\nCERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION FOR THE PROPERTY\nLOCATED AT 26126 VICTORIA BOULEVARD (ACTION DOCUMENT C)\n5) Review and adopt a Resolution approving Local Coastal Program Amendment LCPA20-0002\nentitled:\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nAPPROVING LOCAL COASTAL PROGRAM AMENDMENT (LCPA20-0002), WHICH AMENDS\n5\nTHE GENERAL PLAN GPA20-0002 AND ZONING CODE ZC24-0001 AND ADOPTION OF\nSPECIFIC PLAN SP24-0001 AND SUBMISSION OF GENERAL PLAN AMENDMENT GPA20-\n0002, ZONING CODE ZC24-0001, SPECIFIC PLAN SP24-0001 AS LOCAL COASTAL\nPROGRAM AMENDMENT LCPA20-0002 FOR APPROVAL AND CERTIFICATION BY THE\nCALIFORNIA COASTAL COMMISSION FOR THE PROPERTY AT 26126 VICTORIA\nBOULEVARD (ACTION DOCUMENT D)\n6) Review and adopt a Resolution approving certification of the EIR (SCH# 2021070304) entitled:\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nADOPTING THE VICTORIA BOULEVARD APARTMENTS ENVIRONMENTAL IMPACT\nREPORT (SCH# 2021070304) FOR GENERAL PLAN AMENDMENT GPA20-0002, ZONE\nCHANGE ZC24-0001, SPECIFIC PLAN SP24-0001, LOCAL COASTAL PLAN AMENDMENT\nLCPA20-0002, DEVELOPMENT AGREEMENT DA24-0001 AND COASTAL DEVELOPMENT\nPERMIT CDP20-0005, SITE DEVELOPMENT PERMIT SDP20-0007, TENTATIVE PARCEL\nMAP TPM20-0001 FOR THE VICTORIA BOULEVARD APARTMENTS\n7) Introduce and hold the first reading of an Ordinance approving Development Agreement DA24-\n0001 entitled:\nA ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nAPPROVING DEVELOPMENT AGREEMENT DA24-0001 BETWEEN THE CITY, TOLL\nBROTHERS APARTMENT LIVING, AND CAPISTRANO UNIFIED SCHOOL DISTRICT FOR\nTHE VICTORIA BOULEVARD APARTMENTS PROJECT\n8) Review and adopt a Resolution denying the appeal and upholding the Planning Commission’s\napproval of Coastal Development Permit CDP20-0005, Site Development Permit SDP20-0007,\nand Tentative Parcel Map TPM20-0001 entitled:\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nDENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF\nCOASTAL DEVELOPMENT PERMIT CDP20-0005, SITE DEVELOPMENT PERMIT SDP20-\n0007, AND TENTATIVE PARCEL MAP TPM20-0001 TO CONSTRUCT A 306 UNIT APARTMENT\nCOMPLEX WITH AN ATTACHED SIX STORY PARKING STRUCTURE, ASSOCIATED\nAMENITIES, AND SITE IMPROVEMENTS AT 26126 VICTORIA BOULEVARD\n9) Authorize the City Manager to execute the final Affordable Housing Agreement\nUNFINISHED BUSINESS

13. INTRODUCTION OF AN ORDINANCE AMENDING DANA POINT MUNICIPAL CODE CHAPTER\n11.10, NOISE CONTROL\nRECOMMENDED ACTION: That the City Council:\n1) Introduce and hold the First Reading of an Ordinance of the City of Dana Point entitled:\n6\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA\nAMENDING IN ITS ENTIRETY DANA POINT MUNICIPAL CODE CHAPTER 11.10, NOISE\nCONTROL\n2) Direct Staff to schedule a second reading and adoption of the proposed Ordinance amending\nChapter 11.10.

14. FISCAL YEAR 2024-2025 (FY25) BUDGET ADJUSTMENTS; FY25 BUDGET CALENDAR,\nADOPTION OF A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY25\nRECOMMENDED ACTION: That the City Council:\n1) Approve the Budget Adjustments; and,\n2) Approve the Fiscal Year 2024-25 Budget Calendar; and\n3) Adopt a Resolution entitled:\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25; and\n4) Adopt a Resolution entitled:\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nESTABLISHING SALARY RANGES FOR REPRESENTED AND NON-REPRESENTED\nCLASSIFICATIONS AND ADOPTING NEW JOB TITLES AND CLASS SPECIFICATIONS\nNEW BUSINESS

15. CALLING FOR A GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024 TO FILL TWO CITY\nCOUNCIL SEATS FOR DISTRICTS 4 AND 5\nRECOMMENDED ACTION: That the City Council adopt the following Resolutions entitled:\n1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nCALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON\nTUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF CERTAIN OFFICERS AS\nREQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA\nRELATING TO GENERAL LAW CITIES; and\n2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nREQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO\nCONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024\nWITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE\nPURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; and\n3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO\n7\nCANDIDATE’S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE\nHELD ON TUESDAY, NOVEMBER 5, 2024.

16. RFP PARKS AND MEDIANS LANDSCAPING CONTRACT\nRECOMMENDED ACTION: That the City Council:\n1) Award a contract to The Soto Company, LLC for Parks, Medians, and Parkway Landscape\nMaintenance, plus a 10% contingency; and\n2) Authorize the City Manager or his designee to execute the contract including the option of four,\none-year extensions with annual Consumer Price Index (CPI) adjustments if mutually agreed\nupon.

6. TREASURER’S REPORT\nRECOMMENDED ACTION: That the City Council receive and file the Treasurer’s Report for April,\n2024.

7. DEVELOPMENT UPDATE\nRECOMMENDED ACTION: That the City Council receive and file the Development Update.

8. AWARD OF CONTRACT FOR SPORTS FIELD MAINTENANCE\nRECOMMENDED ACTION: That the City Council:\n1) Award a contract to Professional Sports Field Maintenance, Inc. For maintenance of all City sports\nfields located at Del Obispo Park and the bocce ball court located at Lantern Bay Park plus a 10%\ncontingency; and\n2) Authorize the City Manager or designee to execute the contract including the option of three, one-\nyear extensions with annual Consumer Price Index (CPI) adjustments, if mutually agreed upon.

9. SECOND READING OF AN ORDINANCE APPROVING ZONE CHANGE ZC23-0001 AND ZONE\nTEXT AMENDMENT ZTA07-01 TO ESTABLISH A PLANNED RESIDENTIAL DEVELOPMENT\nOVERLAY (PRDO) DISTRICT AND ASSOCIATED DEVELOPMENT STANDARDS FOR THE LOT\nIDENTIFIED BY ASSESSOR’S PARCEL NUMBER 691-401-37 (SOUTH OF CAMINO\nCAPISTRANO AND VIA CANON INTERSECTION)\nRECOMMENDED ACTION: That the City Council hold a second reading and adopt an Ordinance\nentitled:\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA,\nAPPROVING ZONE CHANGE ZC23-0001 AND ZONE TEXT AMENDMENT ZTA07-01\nESTABLISHING A PLANNED RESIDENTIAL DEVELOPMENT OVERLAY DISTRICT BY\nCHANGING THE ZONING MAP FROM RESIDENTIAL SINGLE FAMILY 7 TO PLANNED\nRESIDENTIAL DEVELOPMENT PRD 28 AND ADDING DEVELOPMENT REGULATIONS FOR\nPRD 28 TO APPENDIX B OF THE DANA POINT ZONING CODE AT THE PARCEL IDENTIFIED\nBY ASSESSOR’S PARCEL NUMBER 691-401-37.\n3