[1:21] check one.

[1:31] Check two.

[1:47] Check.

[18:17] It was ridiculous.

[18:19] >> Not where you not where I am.

[18:21] >> All right.

[18:23] Welcome to the D Point City Council

[18:25] meeting for October 6, 2026. City clerk,

[18:28] will you please call the role?

[18:29] >> Thank you, Mr. Mayor. Please let the

[18:31] record show that all council members are

[18:32] present.

[18:33] >> Thank you, ma'am. Uh, city attorney, is

[18:36] there a need for close session?

[18:37] >> Yes, Mr. Mayor, we have the following

[18:38] items this evening. First, we have a

[18:40] conference with legal counsel as a

[18:41] result of anticipated litigation due to

[18:43] the significant exposure to litigation

[18:45] pursuant to government code section

[18:46] 54956.9D2.

[18:48] We have four cases to discuss. Next, we

[18:50] have a conference of legal counsel in

[18:52] connection with our uh quarterly

[18:54] litigation strategy review, including

[18:55] the potential discussion of the

[18:57] following existing litigation items

[18:58] pursuant to government code section 54

[19:01] 956

[19:03] 9D1.

[19:05] Uh we have 10 cases to discuss. First is

[19:07] concerned residents of Dana Point versus

[19:09] City of Dana Point, Orange County Spirit

[19:11] Court, case number 2019117892.

[19:14] Nexus Center for Natural Lands

[19:16] Management versus City of Dana Point,

[19:18] Orange County Spirit Court case number

[19:19] 30202101-219668.

[19:22] Next is CAR versus City of Dana Point,

[19:24] Orange County Spirit Court case number

[19:25] 201180970749.

[19:28] Next is City of Dana Point versus Paul

[19:30] Frederick Meyers. Orange County Spirit

[19:31] Court case number 302021301502.

[19:35] Next is ST Apartments versus City of

[19:37] Dana Point, Orange County Spirit Court

[19:38] case number 3020241397922.

[19:44] Nexus California Housing Defense Fund

[19:45] versus City of Dana Point, Orange County

[19:47] Spirit Court case number 30202501483327.

[19:51] Nexus Center for Natural Lands

[19:53] Management versus City of Dana Point,

[19:54] Orange County Spirit Court case number

[19:55] 30202501524239.

[19:59] Next, City of Dana Point versus

[20:00] California Coastal Commission. Orange

[20:01] County Super Spirit Court case number

[20:02] 30202601558283.

[20:05] Next, City of Dana Point versus SNDLP.

[20:08] Orange County Spirit Court case number

[20:09] 302025

[20:12] 01570223.

[20:14] And last is Dana Point Advocates versus

[20:16] Sana Point Orange County Spirit Court.

[20:18] Case number 302061582868.

[20:24] That concludes my report.

[20:25] >> Well done, city clerk. Are there any

[20:27] public comments regarding close session?

[20:29] >> No, sir.

[20:30] >> We will now recess to close session till

[20:32] 6 pm. Thank you.

[1:49:40] over by

[1:49:52] know how to get it pretty close.

[1:49:56] There's Pat. Come on, Mike.

[1:50:00] >> Once I see his face.

[1:50:06] » Oh, wow.

[1:50:19] » Matthew.

[1:50:20] >> 750.

[1:50:21] >> All right. Ready?

[1:50:22] >> We're on 750.

[1:50:24] >> 15. 750 overrun.

[1:50:26] >> Oh, good lord. All right, we're gonna

[1:50:28] get started.

[1:50:37] » There he is.

[1:50:39] >> Welcome to D Point City Council meeting

[1:50:41] for October 6, 2026.

[1:50:44] We will now reconvene our meeting. City

[1:50:46] attorney, is there anything to report

[1:50:48] from close session?

[1:50:49] >> No, Mr. Mayor.

[1:50:50] >> Thanks, sir. The pledge of allegiance

[1:50:52] will be led by Mr. Pagano.

[1:50:56] >> All right, turn to face the flag. Right

[1:50:58] hand your heart begin.

[1:51:00] >> I pledge algiance to the flag of the

[1:51:02] United States of America and to the

[1:51:05] republic for which it stands, one nation

[1:51:09] under God, indivisible, with liberty and

[1:51:12] justice for all.

[1:51:14] >> All right. Thank you. Thank you. Let's

[1:51:18] see. I got to get my notes.

[1:51:40] They all came for this proclamation. No

[1:51:43] doubt. So, first is our National Arts

[1:51:46] and Humanities Month proclamation. So,

[1:51:48] if you can if all the ambassadors can

[1:51:50] join me on stage, PLEASE

[1:51:57] come on up, folks. I know you're not

[1:51:58] bashful.

[1:52:10] » Anybody want to talk first? All

[1:52:12] right.

[1:52:14] >> Tonight, it's my pleasure to recognize

[1:52:16] October as the National Arts and

[1:52:18] Humanities Month for the city of Dana

[1:52:19] Point. For more than 30 years, the

[1:52:22] communities across the country have used

[1:52:23] this month to celebrate the powers of

[1:52:25] art, culture, and humanities to enrich

[1:52:27] our lives, and strengthen our

[1:52:29] communities. Here in Dana Point, the

[1:52:31] arts help us tell our story, inspire

[1:52:33] creativity, and bring people together,

[1:52:36] contribute to the vibrancy of our city.

[1:52:38] On behalf of the city council, I want to

[1:52:40] thank our arts ambassadors for their

[1:52:41] dedication and leadership in promoting

[1:52:44] arts and culture opportunities for

[1:52:46] residents and visitors alike. Please

[1:52:48] join me in celebrating the National Arts

[1:52:50] and Humanities Month and in continuing

[1:52:52] to support the arts in Dana Point. With

[1:52:55] that, here's our proclamation. Thank you

[1:52:58] so much.

[1:53:00] All right,

[1:53:03] » go ahead. I know you want to say

[1:53:05] something. No,

[1:53:08] >> I can talk.

[1:53:11] We're all impacted by AI, right?

[1:53:13] Artificial intelligence is everywhere.

[1:53:16] So, I'm encouraging everybody to think

[1:53:18] of AI.

[1:53:21] Art is important. Think think of the

[1:53:24] visual music arts about all the humans

[1:53:27] that go into producing it. So, I

[1:53:29] appreciate this opportunity to share my new mission. And I'd like to quote

[1:53:33] somebody who said that uh sand is the

[1:53:36] currency of Dana Point. Wasn't it

[1:53:37] something like that?

[1:53:38] >> Something like that.

[1:53:40] >> Thank you.

[1:53:41] >> Anybody else?

[1:53:45] » All I want to say is thank you all for

[1:53:49] the support of everything here in Dana

[1:53:51] Point. But this coming Saturday there is

[1:53:55] an arts and culture tour on the trolley.

[1:53:58] It's loads of fun and you get to go

[1:54:01] around and see all the amazing

[1:54:04] sculptures, murals,

[1:54:07] all the historical places that we have

[1:54:09] right here in Dana Point. So, please

[1:54:12] come out. Thank you.

[1:54:16] » All right. Thank you so much.

[1:54:18] >> Thank you. No, no, no. It's it's photo

[1:54:20] time.

[1:54:58] Hey young folks, everybody seen

[1:55:00] elephants in town?

[1:55:02] >> Mr. Jarger here is the one who made that

[1:55:04] happen long time ago.

[1:55:13] Jim.

[1:55:17] » Oh, I'm sorry. I'm like searching

[1:55:19] around. Come on up, Jim.

[1:55:31] » There's this there's this famous quote

[1:55:34] by a guy named St. Francis Aisi and he

[1:55:38] said long ago that

[1:55:42] preach the gospel every day and

[1:55:45] occasionally use words and every time I

[1:55:48] see Jim that's what I think about there

[1:55:50] are people who live the gospel who teach

[1:55:54] it every day who live what it means to

[1:55:56] be a servant leader who lives the

[1:56:00] beatitude in everything he does and

[1:56:03] we're blessed to have you in our

[1:56:06] Thank you. Thank you very much.

[1:56:10] >> We have a certificate of recognition for

[1:56:12] our volunteer of the quarter for Jim

[1:56:15] who's done a great year or a great thing

[1:56:16] for the city of Dana Point and his Fish

[1:56:19] for Life program since 2010. We're up to

[1:56:22] 3,500 young people now.

[1:56:24] >> 4,000.

[1:56:25] >> Oh, 4,000 now. 4,000 young people,

[1:56:27] special needs kids that Jim and his team

[1:56:31] and the the the sea of volunteers that

[1:56:33] he has to include Donna at uh Dana Warf

[1:56:36] Sports Fishing that take these young

[1:56:38] people out and take them fishing for the

[1:56:40] day and they just do an amazing job and

[1:56:43] it uh it is good for your soul every

[1:56:45] time you go down there and you see it.

[1:56:47] So with that, we have a certificate of

[1:56:49] recognition for you and for our

[1:56:51] volunteer of the quarter and we're

[1:56:52] blessed to have you in our community.

[1:56:56] Thank you.

[1:57:01] » Oh, okay.

[1:57:03] >> Well, those of you not familiar with

[1:57:05] Fish for Life, we do we take special

[1:57:07] needs children fishing. You know, we

[1:57:09] typically have 100 people on the boat,

[1:57:11] 30 special needs kids, ages 8 to 21, 30

[1:57:15] volunteers and 40 uh or 30 chapters and

[1:57:18] 40 volunteers. all started right here in Dana Point on the Dana Pride, our

[1:57:25] mother ship out of the Dana Wararf. Uh

[1:57:28] we've since expanded. We've had trips,

[1:57:30] gosh, in San Diego. Uh we have Ensenada.

[1:57:34] We even did a couple trips in Chicago

[1:57:36] off the Navy Pier. Uh and uh and then we

[1:57:40] have a couple chapters in New Jersey.

[1:57:42] But all the leadership comes right here

[1:57:44] for training on the Dana Pride. And

[1:57:47] John, I'm so very grateful for this. But

[1:57:49] you know, it's not about me, it's about

[1:57:51] we. It's such a team effort and we have

[1:57:55] this has been just a magnet for the

[1:57:57] needest people with the greatest hearts

[1:57:59] to come and serve and just love on these

[1:58:02] kids and their families. So, thank you

[1:58:04] all and thank you for the support of the

[1:58:06] city.

[1:58:08] Thank you so much.

[1:59:09] would have been a snake. It would have

[1:59:10] hit me. Chief, come on up and you get to

[1:59:14] introduce yourself. We'll start with you

[1:59:15] introducing yourself to the team.

[1:59:19] Chief Back off. How are you? I'm John.

[1:59:22] Mark here. Tell us a little bit about

[1:59:24] yourself, then we'll talk about

[1:59:25] >> All right. An introduction on top of a

[1:59:27] proclamation. Uh my name is Mark Back

[1:59:29] Off. I'm the division chief now for

[1:59:31] division 3. take it over for Shane Maul

[1:59:33] who's recently promoted to our assistant

[1:59:35] chief of training and EMS. Uh so I'll be

[1:59:38] the direct uh contact for the city

[1:59:41] manager and this and the city staff for

[1:59:43] anything related to Dana Point. Been

[1:59:45] with the department for about 27 years

[1:59:47] and uh looking forward to the challenge.

[1:59:50] >> Thank you. Thank you. So

[1:59:56] tonight we are pleased to recognize fire

[1:59:58] prevention week for October 4th through

[2:00:00] the the 10th. Uh this year's theme is

[2:00:04] charge into fire safety. Remind me not

[2:00:06] to have any more coffee before these

[2:00:08] meetings.

[2:00:10] Uh safe safe charging is a superpower.

[2:00:14] remind us that lithium uh power uh many

[2:00:17] of powers many devices we use every day

[2:00:20] including cell phones, laptops, ebikes,

[2:00:23] power tools, and children's toys. While

[2:00:25] these batteries provide convenience and

[2:00:27] efficiency, they pose a serious fire

[2:00:28] threat. Uh for if they're not uh

[2:00:32] properly charged or damaged or if

[2:00:33] they're uh if they're disposed

[2:00:35] incorrectly. Fire prevention week is an

[2:00:38] opportunity for us to use uh to learn

[2:00:41] safe, simple practices that can help

[2:00:44] prevent fires and such as manufacturers

[2:00:46] approved chargers, charging with devices

[2:00:48] on hard surfaces, and moving away from

[2:00:50] combustible materials.

[2:00:54] I'd also like to thank the dedicated

[2:00:55] firemen and women of the Orange County

[2:00:57] Fire Authority for their continued

[2:00:59] commitment to public education, fire

[2:01:01] prevention, and protecting the residents

[2:01:03] of Dana Point. On behalf of the Denpoint

[2:01:05] City Council, it's my pleasure to

[2:01:06] present this proclamation recognizing

[2:01:09] the fire prevention week to division

[2:01:11] chief Mark Beoff. Thank you for your

[2:01:14] leadership. Thanks.

[2:02:19] Moving on to reading of ordinance

[2:02:20] titles. City clerk, are there any

[2:02:22] ordinance titles to be read this

[2:02:23] evening?

[2:02:24] >> Yes, sir. Tonight before you is an

[2:02:26] ordinance of the city council of the

[2:02:28] city of Dana Point, California, amending

[2:02:29] the Dana Point municipal sections

[2:02:31] relating to appeal procedures. 2.04

[2:02:34] appeals to council. 1.10 administrative

[2:02:38] citations 2.50 50 judicial review

[2:02:41] administrative mandemous state of

[2:02:43] limitations 3.25 transient occupancy tax

[2:02:48] 5.02 regulation of street vending

[2:02:50] activities 5.03 regulation of sidewalk

[2:02:53] vendors 5.20 massage regulations 5.30

[2:02:59] cable communication franchises 5.32

[2:03:02] adult oriented businesses 5.36 customer

[2:03:05] service and other video related matters

[2:03:07] 6.10 10 Solid Waste Disposal and Organic

[2:03:10] Waste Diversion. 6.12 Construction and

[2:03:13] Demolition Debris. 6.14

[2:03:17] Nuisances General 6.15 Landscape and

[2:03:20] Maintenance of Vacant Property and

[2:03:22] Commercial District. 7.05 Tenative Maps

[2:03:25] Procedures. 7.24 Final Maps Requirements

[2:03:28] and Procedures. 7.30 Certificate of

[2:03:31] Compliance. 7.32 Lotline Lline

[2:03:34] Adjustments. 8.01 01 grading and

[2:03:36] excavation control 8.10

[2:03:39] relocated buildings code 8.18 uniform

[2:03:43] swimming pool spa and hot tub code 8.40

[2:03:46] reasonable accommodation.

[2:03:49] >> Well done. Thank you ma'am.

[2:03:52] >> Consent calendar. All matters listed

[2:03:54] under the consent calendar considered to

[2:03:55] be routine and all will be enacted by

[2:03:57] one roll call vote. There are no

[2:03:59] separate discussion on these items

[2:04:01] unless a member of the council uh the

[2:04:03] public or the staff request specific

[2:04:05] items to be removed from the consent

[2:04:07] calendar for separate action. Are there

[2:04:09] any items to be removed by the public?

[2:04:11] >> No, sir.

[2:04:12] >> By the staff?

[2:04:13] >> No, sir.

[2:04:14] >> Council members?

[2:04:15] >> Yes, sir. Uh item six, please.

[2:04:17] >> All right.

[2:04:18] >> And I'll move the balance.

[2:04:21] >> Do you want to have a staff report first

[2:04:23] or do you just want to say something?

[2:04:25] >> No, but we can go with the balance

[2:04:26] first.

[2:04:27] >> Okay. Second. Okay. All those in favor?

[2:04:29] >> I I

[2:04:31] >> for those of you who don't have a uh an

[2:04:33] agenda in front of you, item six is our youth uh uh data point youth board

[2:04:38] appointees and hopefully some of them

[2:04:40] are in the room today. Uh I just wanted

[2:04:42] to pull it just to personally uh thank

[2:04:45] all of these young men and women who are

[2:04:47] volunteering their time. These are high

[2:04:49] school students uh from all of our local

[2:04:52] high schools and and it's no shock that

[2:04:55] these are all like, you know, AP

[2:04:57] students. They're all like advanced

[2:05:00] classes and sports and clubs and yet

[2:05:03] they volunteer their time to be on the

[2:05:05] uh advisory board. And it's not lost on

[2:05:07] me or I'm sure my fellow council members

[2:05:09] that it it's it's a very dedicated

[2:05:11] position. Um, I'm super grateful that they bother to take the time uh to

[2:05:16] do that and it's important to our city

[2:05:18] to have this this youth board. So, I

[2:05:19] want to thank each and every one of them

[2:05:21] for uh volunteering their time. That's

[2:05:23] all I had. Mr. Mayor,

[2:05:25] >> thank you very much. Anyone else?

[2:05:28] >> I'll move that.

[2:05:29] >> Okay. I will tell you that this is one

[2:05:32] of the opportunities in your in your

[2:05:33] life when adults will listen to you very

[2:05:36] closely. So please, if you see stuff

[2:05:39] that you want to fix it within town,

[2:05:41] please please bring it to our attention.

[2:05:43] So with that, we have a motion.

[2:05:45] >> Second.

[2:05:46] >> All those in favor?

[2:05:47] >> I.

[2:05:53] » Public comments. We will now open the

[2:05:55] public comments portion of the meeting.

[2:05:57] This is an opportunity to address the

[2:05:59] city council on items that are not on

[2:06:00] tonight's agenda. Comments on the agenda

[2:06:02] are to be taken after the staff

[2:06:04] presentation of each item. There is will

[2:06:07] be a threeinut time limit per person. If

[2:06:09] you have not completed a speaker slip,

[2:06:11] please do so now at datapoint.org

[2:06:15] comments. All comments are be directed

[2:06:17] to the city council and shall not

[2:06:19] consist of any personal attacks. Members

[2:06:21] of the public are expected to maintain a

[2:06:23] professional courteous decorum during

[2:06:25] their comments. State law prohibits the

[2:06:27] city council for taking action on a

[2:06:29] specific item unless it appears on the

[2:06:31] posted agenda.

[2:06:34] And our first speaker will be Mr. Ryan

[2:06:37] Reich

[2:06:39] of San Juan Capistron.

[2:06:46] Uh thank you guys. Since I only have

[2:06:48] three minutes, I'm going to read quickly

[2:06:50] since I have a fairly uh lengthy

[2:06:52] statement to cover. U my name is Ryan

[2:06:53] Reich and I'm the current president of

[2:06:55] Dana Point Youth Baseball. I'm here uh

[2:06:57] with some members of our community,

[2:06:58] mostly some of the youngsters on our

[2:07:00] from our tsunami program. I'd like to

[2:07:02] present you with a quick update of our

[2:07:04] league and ask for your help with a

[2:07:05] particular challenge that continues to

[2:07:06] grow in our community. We're currently

[2:07:08] underway with our fall season with over

[2:07:10] 550 players and 44 teams. This past

[2:07:13] spring, we were able to accommodate

[2:07:14] close to 850 players across 68 teams.

[2:07:17] So, by way of comparison, in 20 2022, we

[2:07:19] had about 600 players and 47 teams. So,

[2:07:23] for those of you that don't like math,

[2:07:24] that's about a 50% growth rate over four

[2:07:26] years. So, we've basically grown about

[2:07:27] 10% per year, but we have the same

[2:07:30] number of fields. So, the good news is

[2:07:32] we have a really great league. It's

[2:07:33] thriving. We have a ton of wonderful

[2:07:35] volunteers. Um, and I think we're

[2:07:37] providing a good public service to the

[2:07:38] community and a good product that, uh,

[2:07:41] people speak highly about and continue

[2:07:42] to recommend to their friends. Um, we've spent a lot of time focusing on

[2:07:46] growing the younger divisions. So, um,

[2:07:49] just less than six years old, we have 22

[2:07:51] teams now, which used to be about 10.

[2:07:52] Um, and we we kind of targeted that age

[2:07:55] group because we felt like it would

[2:07:56] benefit the whole league. And if you

[2:07:58] focus on the youngest groups, you make

[2:08:00] it a little more competitive, a little

[2:08:01] more serious. Um, that, you know, that

[2:08:03] sort of would roll uphill. And it's kind

[2:08:04] of done that. Um, and so, like I said,

[2:08:07] we're we're up to 22 teams below six

[2:08:08] years old. We have another 14, so call

[2:08:11] that 36 below 8 years old. Um, we have

[2:08:14] five fields. We have three at Dana

[2:08:15] Point. We have two that we've kind of

[2:08:17] taken for granted at Dana Hills High

[2:08:19] School. Their softball fields that we've

[2:08:20] used exclusively for the last eight

[2:08:22] years. Um, and fortunately for them, and

[2:08:25] then we're a big supporter of that

[2:08:26] program, that's uh they've only ever had

[2:08:28] one team. Um, and so we've had almost

[2:08:30] exclusive use of those two fields. The

[2:08:32] hope is they're going to eventually have

[2:08:34] a JV team and a freshman team and club

[2:08:36] teams and all the rest of it for

[2:08:37] softball. So, we're going to eventually

[2:08:39] have less use over there. This past

[2:08:41] spring, uh, we were completely maxed

[2:08:42] out. And so, we turned away a couple

[2:08:45] kids, not many, uh, for the first time

[2:08:47] ever. Um, and I expect this problem's

[2:08:50] going to grow. Now, we have a few levers

[2:08:51] we can pull to um you know, get

[2:08:53] creative, play, you know, play games on

[2:08:55] Sundays, etc. But um the the sort of the ask here or not ask, but the sort of

[2:09:00] I'm here to sort of say, look, we have a

[2:09:02] great thing going. Um we service the

[2:09:04] Dana Point community and the surrounding

[2:09:06] communities. We have about um we have

[2:09:08] 30% of our players are from Dana Point.

[2:09:11] About 50% are split evenly between San

[2:09:13] Juan and San Clemeni and then about 15

[2:09:15] are from uh Laguna and Niguel. Um, I

[2:09:19] have to stop.

[2:09:20] >> Okay. So, uh, if you could find any

[2:09:22] space within the community to, uh,

[2:09:24] potentially remake, rebuild, build a

[2:09:27] field to to provide more access so that

[2:09:29] we can continue to provide these

[2:09:30] services for the kids, we'd be greatly

[2:09:32] appreciative. We thank you for

[2:09:33] everything you guys do for us. So, thank

[2:09:35] you.

[2:09:35] >> Thank you, sir.

[2:09:37] >> Mr. Mayor, uh, Kelly, is somebody

[2:09:40] working with Ryan already?

[2:09:44] >> Uh, yes. Jeff Rosler has been in

[2:09:46] communications with our neighbors on

[2:09:48] their fields and trying to figure out if

[2:09:50] we can do some joint field use type

[2:09:53] opportunities. So we we certainly are um

[2:09:56] aware of their issue and have been

[2:09:58] trying to

[2:09:59] >> work on it.

[2:10:00] >> Thank you.

[2:10:02] >> Mr. Jarger.

[2:10:06] » Good evening again. Uh very briefly just

[2:10:09] to comment on Dana Point's fourth annual

[2:10:12] upcoming film festival. Um it's it's

[2:10:16] growing greatly. It is self-funded. It

[2:10:19] is a nonprofit. Over 30 films, shorts,

[2:10:22] and films are going to be presented at

[2:10:25] is it called the port hole? Is it called

[2:10:26] in at the high school theater? Um I

[2:10:30] present this not as an advocate, but of

[2:10:34] course the roots of it was is the surf

[2:10:36] world. I mean we are surf community, an

[2:10:38] ocean community, a water community. But

[2:10:41] the idea of film is also uh uh there's a

[2:10:44] lot of human effort that goes into it

[2:10:46] and encourage people to come and see it

[2:10:48] for the sake of seeing film. These are

[2:10:50] real people who go to the to the trouble

[2:10:53] of filming the content, creating the

[2:10:55] content, producing it. So it's all

[2:10:57] hands-on all the way till we get to the digital uh um end point. The

[2:11:02] actual film festival is October 29,

[2:11:05] 3031. There's an opening ceremony and a

[2:11:09] closing event at Killer Dana. Just start

[2:11:11] just now. The organization, I would say,

[2:11:14] is late in getting the word out because

[2:11:16] we're going to try to have it grow

[2:11:18] beyond just the obvious. So, our gallery

[2:11:20] is taking upon itself to make certain

[2:11:23] that every business on Delpra and the

[2:11:25] Latin District is clearly aware of this

[2:11:27] opportunity. The tickets are almost

[2:11:29] nominal or somebody needs help, we'll

[2:11:31] provide the the tickets as well. But

[2:11:33] please make a point of trying to catch

[2:11:35] one of them and just have that

[2:11:36] experience and share it because we

[2:11:38] believe that adds to benefit the hotels

[2:11:41] as well. It can grow over the years into

[2:11:44] a significant annual cultural community

[2:11:48] and uh regional engagement. Thank you

[2:11:50] for listening.

[2:11:58] Dana, I just want to make sure you know,

[2:11:59] um, we will certainly help you with

[2:12:01] marketing if you if you give us the

[2:12:03] social media stuff and whatnot. So,

[2:12:08] » thank you, Mayor Pat.

[2:12:10] >> Miss Kero Keepro.

[2:12:18] » Good evening, mayor and members of the

[2:12:20] city council. My name is Gloria Capiro

[2:12:22] and I'm a resident of Dana Point. I'm

[2:12:24] here tonight to respectfully request

[2:12:26] that you keep the pickle ball lines at

[2:12:28] Dana Crest Park and lift play

[2:12:30] restrictions once the community center

[2:12:32] courts reopen. Dana Crest is a public

[2:12:34] park that belongs to all of Dana Point.

[2:12:37] Over three decades, I've brought my

[2:12:39] children and now my grandchildren there

[2:12:41] to play. Pickle ball has broadened this

[2:12:43] park's value across generations,

[2:12:46] supporting children, families, and

[2:12:47] active seniors who rely on it for

[2:12:50] physical health and social connection.

[2:12:52] For four years, local community play,

[2:12:54] including Saturday games organized by

[2:12:56] coach Bernie Kaine for pickle ball

[2:12:58] players of all ages and abilities, ran

[2:13:01] smoothly without a single complaint. The

[2:13:03] recent surge in it surge in activity

[2:13:06] occurred solely because the community

[2:13:08] center courts closed for refurbishment,

[2:13:10] displacing players who were directed to

[2:13:12] Dana as a temporary alternative.

[2:13:14] Permanently removing the lines in

[2:13:16] response to a short-term issue

[2:13:18] unnecessarily shuts out seniors, youth,

[2:13:21] and families who use the park

[2:13:22] responsibly. Once the refurbished

[2:13:25] community center courts reopen, players

[2:13:27] will return there and play at Dana will

[2:13:29] naturally return to its standard

[2:13:31] neighborhood baseline. I urge the city

[2:13:33] council and our neighbors to exercise

[2:13:35] patience. Please keep the pickle ball

[2:13:37] lines so local families can continue

[2:13:40] enjoying the public park together. And

[2:13:42] finally, thank you to the council and

[2:13:44] city staff for for your hard work and

[2:13:47] investment in improving Dana Point's

[2:13:49] pickle ball facilities. We truly

[2:13:51] appreciate your support and are really

[2:13:52] looking forward to the new courts. Thank

[2:13:54] you.

[2:13:55] >> Thank you,

[2:13:59] » Miss Horn.

[2:14:02] Miss,

[2:14:04] >> I just want to start this off by saying

[2:14:06] that grandmas are the best in the whole

[2:14:07] world, right?

[2:14:14] Hi, my name is Bridget Horn and I live

[2:14:16] in Dana Point and I'm 12 years old. I'm

[2:14:19] here tonight to ask you to please keep

[2:14:20] the Dana Crest Park open for pickle

[2:14:22] ball. For the past two summers, I took

[2:14:25] Coach Bernie's pickle pickle ball camp.

[2:14:27] Ever since then, my friends and I have

[2:14:29] been completely hooked. Almost every

[2:14:31] Saturday morning, my friend and I wake

[2:14:32] up super early so we can play at Dana

[2:14:34] Crest Park from 8 to 9:30 a.m. Coach

[2:14:37] Bernie coaches us for free and always

[2:14:39] make sure to keep the middle court open

[2:14:41] just for the kids.

[2:14:42] >> Hi, my name is Eva Zang and P and um

[2:14:46] Dana Crest Park is special to me because

[2:14:48] it's one of the very few pickleball

[2:14:50] courts where the people are truly

[2:14:52] welcoming and the adults even let us

[2:14:55] play with them sometimes.

[2:14:57] Bridget's sister Brooke and her friends

[2:14:59] come play on Saturdays mornings too. It

[2:15:01] has become a big part of our friend our

[2:15:03] weekends and a great way for us to stay

[2:15:05] active and spend time outside together.

[2:15:07] Pickball in Dana Point Park in Dana

[2:15:10] Crest Park brings kids and families in

[2:15:12] our community together. Please keep the

[2:15:14] courts open for us so we can keep

[2:15:16] playing the sport we love. Thank you,

[2:15:25] » Mr. Kane.

[2:15:34] As you can guess, I uh am the coach at

[2:15:37] for Dana Point uh pickle ball at the

[2:15:40] community center and I also donate my

[2:15:42] time at Dana Crest Park. For all my

[2:15:46] students, that includes the adult

[2:15:48] students and the children students that

[2:15:50] I do at camp. I've had the pleasure of

[2:15:53] having uh Kelly's uh daughter and

[2:15:56] coaching her too. But anyways, uh the

[2:15:59] bottom line is is for the past four

[2:16:01] years is like you heard, we've had no

[2:16:03] problems at that court. We're very

[2:16:06] respectful. We don't play music. I don't

[2:16:09] allow alcohol or smoking at the park. I

[2:16:12] don't care if they think smoking is

[2:16:14] allowed, but I've never had that problem

[2:16:16] with any of the adults there. And uh we

[2:16:19] don't play loud music or anything like

[2:16:21] that at the park, but I do inside the

[2:16:24] community center when we play sometimes.

[2:16:27] But okay, so that's the four year. It's

[2:16:29] this court is about community

[2:16:31] integration. I like the integration. I

[2:16:33] had some adults not really like that. I

[2:16:36] had the students. They said, "Well, you

[2:16:38] can find some adult place to play at."

[2:16:40] Then I want to keep this is for

[2:16:44] everybody what I do. And I look at them,

[2:16:47] I say, it's only the kids that are going

[2:16:49] to be the pros. Although I do can say my

[2:16:52] partner Jack and myself were the first

[2:16:54] gold medalist for 70 above at the PPA

[2:16:57] Pro Tournament.

[2:16:59] Uh,

[2:17:02] so and I love teaching the game. I love

[2:17:04] coaching. I love this city. I've been a

[2:17:07] resident of this city for 40 years. I

[2:17:10] was born and raised in Long Beach, came

[2:17:12] over here. I was LA County Fire for 30

[2:17:15] years. I have a medical degree as an RN

[2:17:18] that you know what I feel great about

[2:17:20] doing that with, you know, medical end

[2:17:23] up here. I donate my time to the Red

[2:17:25] Cross and the last thing I donated was

[2:17:28] for uh the COVID virus where I took a

[2:17:32] little time off for the seniors, mixed

[2:17:34] all that up. And I really do believe

[2:17:37] this court is vital for the for the

[2:17:40] youth. And not only do I invite that, we

[2:17:42] have neighbors that play and I welcome

[2:17:45] them to come on over and play. And I

[2:17:48] have a lot of the neighbors that have

[2:17:50] the front row seat. The house is right

[2:17:51] there that come over and play. And I

[2:17:54] have talked to the gentleman that has

[2:17:56] concerns and I had a great conversation

[2:17:59] with them. And I think this will all

[2:18:01] subside once

[2:18:04] the courts are finished there and they

[2:18:06] move the people back to the courts that

[2:18:08] they play on. Is that a beep for me to

[2:18:10] stop? 10 seconds. Okay. And uh so I

[2:18:15] think that's probably a wrap for me and

[2:18:17] I want to thank uh the mayor Gabard. I'd

[2:18:20] really like to thank Jeff and

[2:18:22] congratulate Kelly for city manager and

[2:18:24] the rest of the city council for letting

[2:18:27] us talk and have our peace. Thank you so

[2:18:29] much.

[2:18:30] >> Thank you, sir.

[2:18:33] >> Mr. President, Randy,

[2:18:41] » the real question is, can you beat Wayne

[2:18:43] Yoast?

[2:18:52] » After Good evening, Mr. Mayor, members

[2:18:54] of city council, staff, Mr. City

[2:18:57] attorney, good to see you again.

[2:18:59] >> My name is Randy Brousette. My wife Mav

[2:19:02] and I moved to Dana Point two years ago

[2:19:04] after living in Laguna Hills for 37

[2:19:06] years. And during that 37 years, I had

[2:19:09] the honor of helping incorporate the

[2:19:11] city of Laguna Hills, served on the city

[2:19:13] council for 23 consecutive years, four

[2:19:15] of which is as mayor.

[2:19:18] And this this city council follows such

[2:19:20] a long line of distinguished leaders,

[2:19:23] the city elected. During my time on the

[2:19:25] city council, I had the great privilege

[2:19:27] of getting to know people like Mike

[2:19:29] Edgars and Jim Lacy and Diane Harky,

[2:19:32] Harold Kaufman, Lisa Bartlett, Steve

[2:19:34] Weinberg, and and many, many others. And

[2:19:37] as a past mayor and city council member,

[2:19:38] I understand the complexities of the

[2:19:40] issue this city council and the staff

[2:19:43] are presented with tonight.

[2:19:46] Parks are intentionally planned and

[2:19:48] designed to be in the center of

[2:19:50] neighborhoods surrounded by homes.

[2:19:54] Many families choose to live next to

[2:19:55] parks for their activities,

[2:19:58] understanding full well that there's

[2:20:00] noise associated with parks. Parks are

[2:20:03] designed for sports activities including

[2:20:05] pickle ball as well as family

[2:20:08] gatherings, entertainment, pickle ball,

[2:20:11] I'm sorry, birthday parties, and the

[2:20:13] occasional baby beach showing of Jaws.

[2:20:18] None of these activities

[2:20:20] are silent. And the issue of noise

[2:20:23] complaints

[2:20:25] versus park availability for all

[2:20:27] residents is not new, but it as is as

[2:20:30] important an issue as you'll hear and

[2:20:32] requires your attention and your wisdom.

[2:20:36] To eliminate any recreation program to

[2:20:39] satisfy the complaint of a few is not,

[2:20:41] in my opinion, a good decision. As uh

[2:20:45] Bernie pointed out, this issue may

[2:20:46] resolve itself when the new community p

[2:20:50] community center pickle ball courts I

[2:20:53] tried to say pickle ball three times or

[2:20:55] I just can't pull it off open and thank

[2:20:57] you for funding that.

[2:20:59] Also, in the last month or so,

[2:21:02] the uh time allocated for pickle ball on

[2:21:05] the courts at Dana Crest Park has been

[2:21:07] limited to 8 am to 1 pm.

[2:21:10] that time restriction is already the

[2:21:12] perfect solution for the park and the

[2:21:14] neighborhood. Thanks for your attention.

[2:21:16] Thanks for funding Pickle Ball and Dana

[2:21:18] Point.

[2:21:20] Good night. Thank you, sir.

[2:21:23] >> Mr. Gregory.

[2:21:29] George.

[2:21:31] >> Yes, sir.

[2:21:35] » Hello, council. George Gregory Sanmeni.

[2:21:38] Congratulations on your reelections.

[2:21:40] Wow. No challengers.

[2:21:42] Um,

[2:21:45] anyways, I'm here to talk about I'm I

[2:21:47] was I'm from San Clemeni. I was a

[2:21:49] co-founder of the Boneyard Cafe.

[2:21:53] To my horror, I watched Richard Hayden

[2:21:55] and Jim Miller swindled me out of it.

[2:21:58] Then I watched the taco fellow take it

[2:22:01] over, which I'm sure turned into a

[2:22:04] safety hazard because he had some pretty

[2:22:06] hardcase kids working for him. He's a

[2:22:09] good fellow, Robert. Um, now you have an

[2:22:13] unaffordable company in there that wants

[2:22:16] $12.50 for chips and salsa.

[2:22:21] Um, is that really your plan?

[2:22:24] Uh, now the harbor is is also turning

[2:22:27] into a big corporate giant super

[2:22:29] expensive place. Is that your plan? Is

[2:22:33] it going to be affordable for your

[2:22:34] citizens? It's certainly not affordable

[2:22:36] for me. My slip rent's gone up 200%.

[2:22:41] Under $700 to $2,000.

[2:22:45] So, I'm just I just see a lot of crooked

[2:22:48] things going on in the community here.

[2:22:50] and I just kind of wanted to come by and

[2:22:52] say I'm on your side and I have some

[2:22:54] inside information. Uh it's really

[2:22:57] disappointing you to see the uh coffee

[2:22:59] importer's name up on the Orange County

[2:23:02] Institute's building knowing how

[2:23:04] dishonest he is. Um also that Orange

[2:23:07] County Institute building is supposed to

[2:23:09] be for the public, not for another

[2:23:12] corporation,

[2:23:13] not for somebody like them. Um,

[2:23:17] so I don't know what I'm really doing

[2:23:19] here, but the the thing is I do need

[2:23:22] some help because I tried to get a hold

[2:23:24] of Bont, the state attorney general, and

[2:23:28] his staff called me back and told me,

[2:23:29] "We represent the Ranger, not you, Mr.

[2:23:32] Gregory.

[2:23:33] Red flag." So after my surgery

[2:23:38] and I had tubes hanging out of my belly

[2:23:40] and all kinds of awful things, um I

[2:23:43] applied for the RP to try to get my

[2:23:45] restaurant back, my concession back. I

[2:23:47] wanted to bring back Paddles of the

[2:23:49] Battle of the Paddles. Um and I got a

[2:23:53] personal call from the Small Business

[2:23:55] Association telling me I did not qualify

[2:24:00] as a small business. And it's just me,

[2:24:03] okay? um which is unusual because they

[2:24:05] don't make phone calls. So somehow this

[2:24:08] guest services who has the place now got

[2:24:11] to the Small Business Association.

[2:24:14] So I don't know how to go about this or

[2:24:16] get a grand jury or an FBI or something

[2:24:18] involved, but I think we're going

[2:24:21] sideways. And that's all I got to say

[2:24:23] for you folks.

[2:24:25] Thank you for your time.

[2:24:29] » Mr. Small Anthony.

[2:24:38] » Uh good evening uh Mr. Mayor and uh and

[2:24:42] council members, staff, and fellow

[2:24:46] citizens of Dana Point. this uh

[2:24:50] just a couple weeks ago, my wife Bonnie

[2:24:52] and I celebrated 29 years in the same

[2:24:54] house here in in in Dana Point, and

[2:24:56] we're very proud members of of this

[2:24:59] community. Um, also, thank you to the

[2:25:02] city for your recent sponsorship of the

[2:25:04] Arts and Culture Ambassadors at the

[2:25:06] Orange County Arts Awards. And although

[2:25:09] it just it falls just outside of arts

[2:25:12] and humanities month on Sunday, November

[2:25:14] 1st at La Plaza Park, I'm so grateful

[2:25:17] for and so looking forward to uh Dia de

[2:25:19] los Muertos, a celebration.

[2:25:22] Yeah.

[2:25:26] A celebration that has rapidly become

[2:25:28] one of our community's favorite events.

[2:25:31] Thank you for investing in multicultural

[2:25:33] programs. It makes a world of difference

[2:25:35] and it shows the world who we are.

[2:25:38] I'm delighted that Mariachi Kana de

[2:25:41] Riverside, newly crowned youth mariachi

[2:25:45] national champions, will be one of the

[2:25:47] many truly worldclass mariachi bands

[2:25:50] playing among the beautiful ofrenas uh

[2:25:53] celebrating our departed ancestors.

[2:25:56] Mariachi Kanya de Riverside will also be

[2:25:58] a part of my program Mariachi Matters uh

[2:26:01] a part of Coast Film and Music Festival

[2:26:04] on Sunday, October 18th. Um at the new

[2:26:07] surfing heritage and culture center um

[2:26:09] that will offer also offer a first

[2:26:11] glimpse of the documentary short, Elos

[2:26:14] de Mariachi. A lot of mariachi going on

[2:26:16] here tonight, huh? U and it's about

[2:26:19] Master Taylor George from Kasa de

[2:26:21] Mariachi. Uh for which I'm executive

[2:26:24] producer. I'm also uh participating or

[2:26:28] rather also participating in the

[2:26:30] rotating panels of mariachi matters is

[2:26:32] Dana Point council member Michael Velar

[2:26:35] who will join Riverside County

[2:26:36] Supervisor Jose Medina and others to

[2:26:39] talk about the importance of you guessed

[2:26:41] it multicultural programs in our

[2:26:43] communities.

[2:26:45] Following Mariachi Matters, um our

[2:26:48] documentary Los Loos Native Sons will

[2:26:50] finally have a local screening um at the

[2:26:52] Rivian Theater as part of Coast Music

[2:26:55] and Film Festival, followed by uh Q&A

[2:26:59] with Los Loos themselves. So that's

[2:27:02] yeah, very cool. So uh thanks a lot for

[2:27:06] the platform to uh you know to express

[2:27:08] ourselves and most importantly, thank

[2:27:11] you very much to the city for always

[2:27:13] supporting the arts.

[2:27:15] Thank you very much.

[2:27:20] » Thank you, Mr. Small. Arts matter.

[2:27:24] >> Mr. Guess.

[2:27:32] » Good evening. My name is Alex Guess. I'm

[2:27:35] 12 years old and I'm from Lagoon Niguel.

[2:27:37] Two of my friends have gotten seriously

[2:27:39] hurt on ebikes. A kid in Lake Forest

[2:27:41] died and that's why I'm here. Ebike

[2:27:44] injuries in Orange County have jumped

[2:27:45] from seven cases in 2018 to 116 in 2024.

[2:27:49] That's a 1,557%

[2:27:52] increase. Kids are getting hurt right

[2:27:54] now. I started a p petition asking for

[2:27:57] basic safety rules, age 16 minimum,

[2:27:59] speedometers, ebike licensing, parental

[2:28:02] accountability, and a youth ebike safety

[2:28:04] fund. We have,475

[2:28:07] signatures. 98% are from here, right

[2:28:10] here in Orange County. Mission VJO,

[2:28:13] Laguna, Niguel, St. Clemeni, and Aliso

[2:28:15] Vill City Council members all have at

[2:28:17] least endorsed this. I'm asking Dana

[2:28:19] Point to endorse this petition. You

[2:28:21] don't have to solve everything. Just so

[2:28:23] just show OC supervisors that residents

[2:28:26] actually care about this issue. But

[2:28:28] here's the thing. OC supervisors won't

[2:28:30] move unless city councils lead first.

[2:28:33] Data point can be next. But you can vote

[2:28:35] to support ebike safety. You can tell

[2:28:37] kids like my friends that their safety

[2:28:40] matters. I shouldn't have to start a

[2:28:42] petition to keep my friends safe, but I

[2:28:44] did and I'm not stopping. I ask, will

[2:28:46] the Dana Point City Council join us in

[2:28:48] keeping kids safe? Thank you.

[2:29:03] » Well done, young man.

[2:29:06] Well done.

[2:29:13] Moving on to our public hearings. Uh the

[2:29:15] first reading of the DP point M

[2:29:17] municipal code update amending sections

[2:29:19] related to the appeals procedures.

[2:29:22] Is there a staff report?

[2:29:24] Madam clerk,

[2:29:25] >> thank you sir. At the September 15th,

[2:29:29] 2026 city council meeting, staff

[2:29:31] proposed

[2:29:33] uh edits to the appeal procedures

[2:29:36] throughout the municipal code. These

[2:29:38] will increase clarity and inefficiency

[2:29:41] through a streamline procedures. City

[2:29:43] council did not suggest any changes at

[2:29:46] that time. Tonight is the formal first

[2:29:48] reading and public hearing.

[2:29:52] Thank you.

[2:29:55] >> Thank you. We will now open the public

[2:29:57] hearing. And do we have any public

[2:30:00] comments?

[2:30:00] >> No, sir.

[2:30:01] >> Wow, that was easy. All right, we will

[2:30:03] close the public hearing and move on to

[2:30:05] council discussion. Colleagues,

[2:30:08] questions, comments?

[2:30:11] >> Nothing.

[2:30:13] >> Do I have a motion?

[2:30:16] >> I will move the staff recommended

[2:30:17] action.

[2:30:17] >> I'll second it.

[2:30:18] >> All right. All those in favor?

[2:30:20] >> I I

[2:30:22] >> We'll move on to unfinished business.

[2:30:25] The item eight, the lantern bay park

[2:30:27] improvements and rideofway construction

[2:30:29] and development agreement with ocean

[2:30:31] cliffs of at Dana Point a JW Marriott.

[2:30:36] Is there a staff report? Mr. Rossler.

[2:30:40] Good evening, mayor. Is a member of the

[2:30:41] council. Item eight is the lantern bay

[2:30:44] park improvements and the rightway right

[2:30:46] of entry development and construction

[2:30:48] agreement with Ocean Cliffs at Dana

[2:30:51] Point.

[2:30:54] This bluff top was graded when the

[2:30:55] harbor was built and was originally

[2:30:57] planned for about 390 homes. Through

[2:31:00] negotiations, the Smite brothers

[2:31:02] developed the park and donated it along

[2:31:04] with the amphitheater that bears their

[2:31:06] name. The city took the park over in

[2:31:09] 2006. As we shared with council last

[2:31:12] November, the park has never had a full

[2:31:14] refresh. The amphitheater is rarely used

[2:31:17] and the trees have outgrown the space.

[2:31:21] This is the Smite Brothers Amphitheater

[2:31:23] today. It was once a centerpiece of the

[2:31:25] park, but it is in disrepair and isn't

[2:31:27] really accessible. Most people we

[2:31:29] surveyed told us they never really use

[2:31:31] this area. Historically, it was used for

[2:31:33] park weddings, and those numbers have

[2:31:36] dwindled as the area in Rose Garden do

[2:31:38] not look as good as the rest of the

[2:31:39] city's parks.

[2:31:47] The toy pines along the amphitheater

[2:31:49] walk are under stress. Our arborist

[2:31:51] found bark beetles, dead limbs, and

[2:31:53] signs of disease. At least two need to

[2:31:55] come out now. The stone pines are

[2:31:57] healthy, but they are planted. They were

[2:31:59] planted about 4 feet tall and have

[2:32:01] outgrown the space. They now block the

[2:32:04] harbor views this park is known for.

[2:32:06] This is a beautiful site and it deserves

[2:32:08] better. That's what this project is all

[2:32:10] about.

[2:32:12] To hear from park users, we posted signs

[2:32:14] at six spots in the park. We got about

[2:32:17] 75 responses. For comparison, a similar

[2:32:20] survey at Sea Terrace got more than 250

[2:32:23] responses in the same time period, which

[2:32:26] support what we've seen, how little use

[2:32:29] this park gets. The people who responded

[2:32:32] love this park and use it often. They

[2:32:34] told us they want simple amenities like

[2:32:36] water station, shade, and benches. They

[2:32:38] also asked for pollinator and native

[2:32:40] plants, which is what the botanical

[2:32:42] garden provides. We also heard a strong

[2:32:44] message about trees, and I'll address

[2:32:45] that in a moment.

[2:32:48] The centerpiece is Dana Point's first

[2:32:52] botanical garden. The plants were chosen

[2:32:54] to attract monarch butterflies, bees,

[2:32:56] and hummingbirds. And in the future, we

[2:32:58] see school groups using the garden to

[2:33:00] learn about native plants. The

[2:33:02] amphitheater will become a level,

[2:33:03] accessible space with a rosecovered

[2:33:05] arbor leading to it. That makes it an

[2:33:08] attractive spot for weddings and small

[2:33:09] gatherings. Again, we also heard you on

[2:33:12] water stations and the city will add

[2:33:13] those. And the things people love most

[2:33:16] will stay just as they are, including

[2:33:18] the yoga lawn, the play area, the botchi

[2:33:20] courts, and the open lawn spaces.

[2:33:30] » I'm sorry. Let him finish, folks. We'll

[2:33:33] have a chance for public comment here in

[2:33:34] a minute.

[2:33:36] This is the park as it looks today.

[2:33:38] Golden Lantern runs along the left, Dana

[2:33:40] Point Harbor Drive along the bottom, and

[2:33:42] Ocean Cliffs is at the top. The

[2:33:44] amphitheater is on the right. The Botchi

[2:33:46] Court is the rectangle near the center

[2:33:48] left. The labeled areas are the two

[2:33:50] stands of trees proposed for removal.

[2:33:53] The stone pine grove in the middle of

[2:33:54] the park and the row of Tory pines along

[2:33:56] the walkway leading to amphitheater.

[2:33:58] Most of what you see here, including the

[2:34:00] open lawns, the walkways, and the views,

[2:34:02] stays the same. Here's

[2:34:06] the same view with the proposed

[2:34:08] improvements. Starting at the bottom

[2:34:09] left, the new mosaic stairwalk runs

[2:34:12] diagonally from the Harbor Drive stairs

[2:34:14] up to the botanical garden near the top

[2:34:16] center. From the garden, the Arbor Walk

[2:34:18] runs along the right side down to the

[2:34:20] amphitheater, which is regarded or

[2:34:22] regraded, excuse me, so it's level and

[2:34:24] accessible. Across the top, a new trail

[2:34:26] connects to Golden Lantern, and a

[2:34:29] walkway links to the resort's event

[2:34:30] lawn. The large open lawn to the middle

[2:34:33] labeled existing turf to remain stays

[2:34:36] exactly as it is.

[2:34:39] These renderings give a sense of how the

[2:34:41] park will feel. The garden is designed

[2:34:43] as a series of outdoor rooms with

[2:34:45] meandering paths, places to sit and

[2:34:47] plants that will change with the

[2:34:48] seasons. The pollinator plantings will

[2:34:50] bring in butterflies, bees, and

[2:34:52] hummingbirds. And signs will name each

[2:34:53] plant so the garden doubles as an

[2:34:55] outdoor classroom. The harbor views stay

[2:34:57] front and center. The design opens them

[2:35:00] up rather than closing them in.

[2:35:05] I want to speak directly to the trees

[2:35:07] because we know how much people care

[2:35:08] about them. First, some context. These

[2:35:11] aren't historic trees and they aren't

[2:35:13] native to this area or this bluff. The

[2:35:16] army corpse of engineers great as this

[2:35:18] site when the harbor was built and these

[2:35:20] trees were planted when the park opened

[2:35:21] in 1983. The stone pines come from the

[2:35:24] Mediterranean. The surrounding bluff is

[2:35:26] naturally coastal sage scrub. The Tory

[2:35:29] pines along the amphitheater walk are in

[2:35:30] trouble. Our ars found bark beetles and

[2:35:32] signs of disease and two, as I stated,

[2:35:35] need to come out now. Regardless of this

[2:35:37] project, the stone pines are healthy,

[2:35:39] and I want to be clear about that. We're

[2:35:41] proposing to remove them because they've

[2:35:43] outgrown the space and blocked the views

[2:35:45] this park is known for. It's a

[2:35:46] trade-off, and we don't take it lightly.

[2:35:49] That's why every tree removed will be

[2:35:51] placed two for one with species better

[2:35:52] suited to this setting.

[2:35:56] I want to recognize Ocean Cliffs and the

[2:35:58] Marriott team. They've been a great

[2:35:59] partner throughout this process. As part

[2:36:02] of their renovation,

[2:36:05] >> please please

[2:36:08] >> as part of their renovation, they're

[2:36:09] investing in this park at no cost to the

[2:36:11] city and the city will maintain it

[2:36:13] within our existing budget. I also want

[2:36:16] to thank them for something that means a

[2:36:17] lot to our community. When they

[2:36:19] rebranded, they chose the name Ocean

[2:36:21] Cliffs at Dana Point. Having Dean

[2:36:23] appointed the name of a resort like

[2:36:24] this, one that puts our name on the map

[2:36:27] for every guest who stays there. Staff

[2:36:30] recommends that council approves the

[2:36:31] conceptual design and the agreement with

[2:36:33] Regency Lagona. I'm happy to answer any

[2:36:36] questions you might have.

[2:36:40] >> Thank you very much,

[2:36:44] city clerk. Are there any public

[2:36:45] comments?

[2:36:50] We have two on Zoom. Okay.

[2:36:53] >> The next one didn't fill out a slip, but

[2:36:56] I'll just call on that person.

[2:36:57] >> So, this this is last.

[2:36:59] >> So, that I'll call on the person on Zoom

[2:37:01] and then this person will be next person

[2:37:04] >> on Zoom or on

[2:37:05] >> on Zoom.

[2:37:06] >> On Okay. So, I can start with these

[2:37:08] first or do you want me to start with

[2:37:09] Zoom?

[2:37:09] >> You want to start with them first?

[2:37:10] >> Yeah, let's start with them first.

[2:37:17] Uh, Annie Garton.

[2:37:27] » This is my first time

[2:37:29] >> and I just got back from vacation and I

[2:37:32] heard a little bit about what was going

[2:37:34] on here mainly with the trees as you

[2:37:37] say.

[2:37:37] >> Mton, can can you give us your city of

[2:37:39] residence, please?

[2:37:40] >> I I live here in Dana Point.

[2:37:42] >> Thank you. I moved here about 40 plus

[2:37:44] years ago. I used to live in LA. I've

[2:37:47] lived in Northern California. And when

[2:37:50] my husband and I got married and decided

[2:37:52] to look for a house when we moved down

[2:37:54] from Northern California, we began to

[2:37:56] drive the coast because LA at that time

[2:37:58] was pretty overdeveloped, noisy,

[2:38:00] crowded. I grew up there and I love LA,

[2:38:04] but we were looking for somewhere to

[2:38:06] raise our kids. And this little pocket,

[2:38:08] this community between Newport, Lagona,

[2:38:12] and San Clemeni certainly had a lot of

[2:38:16] charm to it. And charm in the sense of

[2:38:20] being a little, as my son would say,

[2:38:23] podunky beach community. And I do feel,

[2:38:26] as other people have spoken to, that the

[2:38:30] development of the harbor is needed, I'm

[2:38:33] certain. But to a certain degree, are we

[2:38:36] trying to turn Dana Pointed to a Newport

[2:38:38] Beach? What are what are we trying to do

[2:38:40] here? That gentleman's question was um

[2:38:44] well pointed in that direction. I don't

[2:38:47] know how we got here. I don't know how

[2:38:49] we got to this meeting because I need to

[2:38:52] educate myself as to how the city

[2:38:54] council works and how we get to this

[2:38:57] point where people are a little bit up

[2:38:58] in arms about the trees because I don't

[2:39:01] know to what the degree the community

[2:39:03] was involved in the planning of this

[2:39:06] park of taking out these trees. I know

[2:39:09] because I have a degree in architecture

[2:39:12] and my husband has had a landscape

[2:39:15] design and construction firm that served

[2:39:17] the Tri Cities for many many years and

[2:39:19] he retired recently. So I know that

[2:39:21] there are many different ways to attack

[2:39:23] a problem. I know that one of the first

[2:39:25] ways is did we not maintain those trees

[2:39:27] properly? You know, were they looked

[2:39:29] after? I have been to weddings in the

[2:39:31] amphitheater. I understand the need

[2:39:34] sometimes to update things but to whose

[2:39:38] advantage and to whose disadvantage

[2:39:41] because we live in a time where we know

[2:39:45] I don't know whether to believe some of

[2:39:47] the comments I just heard in regards to

[2:39:49] this is the betterment for all of us or

[2:39:52] does this have some underlying factors

[2:39:55] of our beautiful resort up there the

[2:39:57] Marriott and their desire to have

[2:40:01] greater views

[2:40:02] of the ocean and the marina for their

[2:40:06] own betterment. To be perfectly honest,

[2:40:08] that you know they can they can use that

[2:40:11] to advertise to gain you know um better

[2:40:15] amenities perhaps better for for the

[2:40:19] people who come to visit. But those of

[2:40:21] us who live here and I personally use

[2:40:23] that park. I walk through that park two

[2:40:25] to three times a week because I walk all

[2:40:27] the hills here and all the trails here

[2:40:30] and they provide shade and they provide

[2:40:33] probably environments for animals. And I

[2:40:36] need you guys to really seriously

[2:40:38] consider each one of you when you make a

[2:40:41] vote. What is the most important thing

[2:40:42] to you? The Marriott and their view or

[2:40:46] how this park gets used and for whom and

[2:40:48] for the betterment of a community that

[2:40:50] tells the rest of the communities around

[2:40:52] here what we're made of. Thank you,

[2:40:53] MA'AM.

[2:41:00] » Alexander Katona.

[2:41:06] » Hello.

[2:41:07] >> Hi.

[2:41:09] >> Thank you so much for your time. Oh,

[2:41:10] sorry.

[2:41:10] >> Where you from?

[2:41:11] >> Hi. My name is Alex. I'm uh live here

[2:41:13] right in Dana Point. Okay.

[2:41:15] >> Um I just want to thank you so much for

[2:41:17] your time tonight. Uh just to clarify a

[2:41:19] few things. Um according to the survey

[2:41:22] only two of those dozens of trees had uh

[2:41:25] according to the arborist um infestation

[2:41:28] or disease. So just two and um as you

[2:41:31] mentioned the stone pines are completely

[2:41:34] healthy. Um but uh outgrowing the space

[2:41:38] which is hard to imagine when there is a

[2:41:41] lots of space and the irony of talking

[2:41:42] about taking out giant beautiful trees

[2:41:45] uh on a day that is once again almost in

[2:41:47] the hundreds here in Dana Point when we

[2:41:50] are all looking for shade every single

[2:41:52] second of the last four days. Um so

[2:41:54] let's just start there. Um I'm sorry. I

[2:41:56] studied uh environmental science and I'm

[2:41:59] just going to talk really really quickly

[2:42:01] about all the benefits of mature trees.

[2:42:03] So sorry I'll do this very quickly. Um

[2:42:07] trees provide mature trees provide so

[2:42:09] much um and it we can start with air

[2:42:11] quality. Mature trees and extensive camp

[2:42:14] canopies filter out uh particulate

[2:42:16] matter, ozone, oxides, all these things

[2:42:18] are really bad um for our health and um

[2:42:21] our mental health. exposure to green

[2:42:23] spaces and large trees has actually been

[2:42:26] proven by many studies to lower anxiety,

[2:42:28] depression, and stress levels. So,

[2:42:30] that's pretty cool. Um,

[2:42:33] mature trees provide water shade

[2:42:35] protection. Uh, large root systems and

[2:42:37] deep canopies help rain rainfall and

[2:42:40] storm water runoff, erosion, which we

[2:42:42] all know have been huge problems with

[2:42:44] our cities recently. Uh they also

[2:42:46] provide sustainable cities and

[2:42:48] communities by helping uh climate

[2:42:50] resilience. Uh root anchor stabilize

[2:42:52] soil, prevent urban slope um flooding.

[2:42:55] Uh climate action. So highcapacity

[2:42:58] carbon sequestration. So large mature

[2:43:00] trees are what we call carbon sinks,

[2:43:02] meaning they take carbon out of our

[2:43:04] atmosphere, put them into the trees and

[2:43:06] they give us oxygen. And we have way too

[2:43:08] much carbon dioxide right now. So large

[2:43:10] mature trees, uh, actually the city of

[2:43:12] Toronto study showed that mature trees

[2:43:14] intercept 10 times as much air pollution

[2:43:16] and 90 times more carbon than than

[2:43:19] saplings in these little trees that the

[2:43:21] city has said, "Well, hey, we're going

[2:43:22] to do two saplings for every giant tree

[2:43:25] we take out." Well, the math ain't math.

[2:43:27] It doesn't really work like that in

[2:43:29] terms of carbon being a carbon sync. So,

[2:43:32] mature trees are amazing for that. Um,

[2:43:34] obviously, we know about all the

[2:43:35] habitats. I won't go into that. Let's

[2:43:37] just talk about Tory pines really fast.

[2:43:39] They're critically endangered and they

[2:43:41] are some of the rarest native pine

[2:43:42] species in the world. Uh the Tory Pines

[2:43:45] Conservancy is doing amazing things in

[2:43:47] San Diego to protect these trees. Um and

[2:43:50] I

[2:43:52] love trees. I live near Pines Park and I

[2:43:55] go to Pines Park daily. Everyone flocks

[2:43:57] to Pines Park to watch sunsets. People

[2:43:59] flock to Lantern Bay to watch a sunset.

[2:44:01] People are framing photos with trees in

[2:44:04] them with the obstructed views because

[2:44:07] it's beautiful. Trees are beautiful and

[2:44:10] they help us in many ways. Thank you for

[2:44:11] your time. Thank you.

[2:44:13] >> Thank you,

[2:44:17] Miss Gwendelyn Oxenham. If there's an

[2:44:20] English name I've ever heard in my life,

[2:44:26] » and please state your city residence,

[2:44:28] please.

[2:44:29] >> Um, I live in Dana Point. Um, I'm going

[2:44:31] to give you guys some photos. Um, I

[2:44:34] walked Lantern Bay Park this morning.

[2:44:36] Um, I couldn't believe that these trees,

[2:44:39] these gorgeous trees, 70 of them when I

[2:44:42] counted and walked. I studied the plan

[2:44:45] and I looked at at Thank you. Thank you.

[2:44:48] Um I I there's there's over 70 trees

[2:44:53] that are going to be removed by the

[2:44:55] plant and they're mature full growth

[2:44:57] trees and I sat in the shade of this uh

[2:44:59] the stone pines which we've said are

[2:45:02] overgrowing this space. It was like a

[2:45:04] beautiful nook. It was in no way

[2:45:06] overgrown. I think you can see from the

[2:45:07] photos like it doesn't overgrow the

[2:45:10] space. It's gorgeous and shady and cool

[2:45:12] and there were people walking their dogs

[2:45:14] and sitting in at the picnic tables

[2:45:16] under those stone pines. Um, I'm all for

[2:45:20] refreshing the park and I think it's

[2:45:22] awesome that we would refresh the

[2:45:23] amphitheater and add water fountains and

[2:45:26] add roses. And in no way does that mean

[2:45:28] we have to take out the historic nearly

[2:45:31] half ccentury old trees that that were

[2:45:33] planted for us so that we could enjoy

[2:45:37] their shade. Um, the poll that you guys

[2:45:40] did, um, I noticed you said that, uh,

[2:45:43] only 75 replied and that must mean

[2:45:46] Lantern Bay Park is underutilized.

[2:45:49] Clearly, you guys haven't thrown a

[2:45:50] birthday party there recently. Like,

[2:45:51] it's impossible to to reserve it. It's the it's the heart of Dana Point. I

[2:45:56] mean, I've hung piñatas from those

[2:45:58] trees. I sat with my grandmother and

[2:46:00] watched the tall ships come in. Uh it

[2:46:03] it's it people picnic, they fly kites

[2:46:06] and the they do it because of the shade

[2:46:08] that the it we are in historically hot

[2:46:13] times and the shade is the relief. It's

[2:46:16] where you go to enjoy the beauty. Um so

[2:46:20] the fact that there were only 75 people

[2:46:23] was not because the park isn't used.

[2:46:25] It's because we must not have found out

[2:46:28] about the poll. Of the 75 people that

[2:46:31] were pulled, the vast majority wrote,

[2:46:34] "Keep trees the same." The second vast

[2:46:37] majority was add more trees. So, I mean,

[2:46:41] we get it. The planet's heating up. We

[2:46:43] need shade. And yet, the plan proposed

[2:46:45] by the city, I mean, we just looked at

[2:46:47] it. The we're taking out the trees.

[2:46:49] We're doing the opposite of what Dana

[2:46:51] Point and the locals requested. this

[2:46:54] plan funded by the hotel. Uh it it

[2:46:58] doesn't seem like we're taking the

[2:47:00] residents opinions into account. Um

[2:47:05] also I I could I couldn't believe that

[2:47:08] 70 full-grown trees were going to be

[2:47:11] removed and none of us even knew about

[2:47:13] it. So I posted on Next Door and within

[2:47:16] 12 hours there were over a hundred

[2:47:18] comments. There was tons of engagement.

[2:47:21] By the time I woke up this morning, my

[2:47:24] post had been removed and my account

[2:47:26] suspended. Um, even though I never said

[2:47:29] a negative word about anyone and I

[2:47:31] didn't uh and I I said nothing untrue,

[2:47:35] the only thing shady about Lantern Bay

[2:47:37] Park should be the trees. Um,

[2:47:41] I'm

[2:47:44] as also planting saplings does nothing

[2:47:48] to replace ancient trees with the the

[2:47:50] carbon. it it does nothing. Um, I'm just

[2:47:53] going to read one quote from Richard

[2:47:55] Powers in his Pulzer Prizewinning book

[2:47:57] about uh trees. A tree is a wondrous

[2:48:00] thing that shelters, feeds, and protects

[2:48:03] all living things. It even offers shade

[2:48:06] to the axemen who destroy it. You can't

[2:48:09] come back to something that is gone.

[2:48:12] There are kids in this room. They need

[2:48:14] these trees. They could They lived Tory

[2:48:16] Pines lived 150 years old. Like, let's save the trees. They'll still rent

[2:48:20] hotel rooms. They'll still come.

[2:48:26] » Miss Cheetum,

[2:48:30] » Jan Cheetum,

[2:48:34] » that was wonderful.

[2:48:36] >> My name is Jan Cheetum. I was born and

[2:48:38] raised in San Clementi. My father, Noah

[2:48:40] Cheetum, built about 30% of S. Clemeni

[2:48:42] back in the

[2:48:43] >> You live where now, ma'am?

[2:48:44] >> S Clemente. My father was a builder.

[2:48:46] rebuilds about 30% of it back in the 70s

[2:48:50] and 80s. I have been I'm a resident and

[2:48:53] I had a business here in Dana Point

[2:48:56] years ago, a hair salon. And so I love

[2:48:59] Dana Point. I go to this park all the

[2:49:02] time. Now I know that

[2:49:05] I must be honest. We know how most

[2:49:09] things go with this world and it has to

[2:49:13] do with money. It has to do with

[2:49:16] position. It has to do with saving your

[2:49:20] job and doing a good job. And I really

[2:49:23] want to listen have each one of you

[2:49:26] listen to your heart

[2:49:28] because it's not always about money.

[2:49:32] It's not always about I bet if you were

[2:49:35] to really publicize that they wanted to

[2:49:38] take this away all these trees for the

[2:49:40] squirrels and the animals. I go there

[2:49:42] about five times a week. I walk my dog.

[2:49:46] If you had a a put it out there to Dana

[2:49:51] Point, my area too, and ask for

[2:49:55] donations to pay

[2:49:57] >> to save the trees.

[2:50:00] >> I really honestly think people I will

[2:50:02] donate. I can donate. I'll be the first

[2:50:04] one to donate. I can I have I do have

[2:50:07] money. Maybe I don't look like I do, but

[2:50:09] I do.

[2:50:11] Um but money is not the most important

[2:50:12] thing to me. My father was a good man, a

[2:50:15] good Christian man, he believed to do

[2:50:17] the right thing. And with the way the

[2:50:19] politics is in this world, the way that

[2:50:22] this world is being run, it's all about

[2:50:24] money. Please, I beg you to look at your

[2:50:27] hearts convictions because each vote

[2:50:30] that you vote, you're going to be

[2:50:32] responsible for the outcome. And I

[2:50:35] believe you know in your hearts what the

[2:50:38] right vote is. That's it.

[2:50:40] >> Thank you, ma'am.

[2:50:43] Mr. Jagger

[2:50:45] Dana.

[2:50:46] >> Yes, sir.

[2:50:50] » Well, you'd be uh pleased to learn that

[2:50:52] mine is off point. It's not about the

[2:50:54] trees. It's about trying to increase the

[2:50:56] use of the of and access to the park. I

[2:50:59] mean, the issue of the trees

[2:51:00] environmentalist. I was

[2:51:03] uh one of the co-founders with Gaylord

[2:51:05] Nelson of what was called Earth Day in

[2:51:08] 2021. So this is an an issue I don't

[2:51:11] want to get too involved in.

[2:51:13] >> So speak into the mic.

[2:51:15] >> I'm sorry. Thank you speaking to them.

[2:51:17] Thank you very much. But as much as the

[2:51:20] apparently the uh the park is being

[2:51:22] used, I think it's still and based what

[2:51:24] we we've been hearing, it's underused

[2:51:27] and more more access to the to the park

[2:51:30] I would I believe is benefit to the

[2:51:33] community as well as to the hotel

[2:51:35] particularly the access from uh Golden

[2:51:38] Lantern uh for many of the people in the

[2:51:40] community at least in the lantern

[2:51:42] district to be able to benefit from the

[2:51:44] views as well as uh the the resources of

[2:51:47] the hotel if we want it. The access is

[2:51:50] through the uh the stairway to the stars

[2:51:53] or all the way around the block and then

[2:51:55] up a hill there as well. Uh I I propose

[2:51:58] increasing more vegetation, more carbon

[2:52:01] capture, more access, more more

[2:52:04] viewpoints such that the community could

[2:52:06] actually benefit from I know the pathway

[2:52:09] is there. I know I'm spending other

[2:52:11] people's money, but if it's under

[2:52:12] development, let's look at the park and

[2:52:15] its multi-purposes.

[2:52:17] We depend on the hotels. The hotels

[2:52:19] provide a lot for us. That's an issue

[2:52:22] you guys will will deal with, I'm sure.

[2:52:24] But I'm pointing out that there be more

[2:52:28] access to the to the park if we can find

[2:52:31] a more convenient way uh to get

[2:52:34] pedestrian access, walkways, uh viewing

[2:52:37] areas. Imagine that the residents of

[2:52:40] Dana Point could use that west side, if

[2:52:44] I get my directions right, that o

[2:52:46] overlooks uh JFAT, etc. That direction,

[2:52:50] the views from that hillside would be

[2:52:52] great if people just walk down the hill

[2:52:54] and walk partway up up the park and get

[2:52:56] a great deal of views of that section.

[2:52:58] So, that's just my point of view on on

[2:53:00] the on the design. And uh we do need

[2:53:04] shade, so I'm very supportive of that.

[2:53:06] Thank you very much.

[2:53:08] >> Thank you, sir.

[2:53:11] >> Miss Rosanna Libertina.

[2:53:16] » Hello. I'm a Dana Point resident and um

[2:53:20] funny thing is the woman who was up here

[2:53:23] speaking in the blue. I was walking my

[2:53:26] dog and she was taking those pictures

[2:53:28] that you had and she's like, "They're

[2:53:30] going to take down these trees

[2:53:32] passionately." And I'm like, "What?" and

[2:53:35] I go there to walk my dog on there a

[2:53:37] lot. And um I was kind of shocked at the

[2:53:41] characteristic how they characterize

[2:53:43] that park in this presentation because

[2:53:47] um wow they made it sound so horrible.

[2:53:50] And I wanted to mention that while

[2:53:52] you're standing in the park, you got the

[2:53:55] best views everywhere. There is not a

[2:53:58] problem with any views. The problem is

[2:54:00] for the hotel guests. So, I I guess I'm

[2:54:04] here to say that um it's a treasure.

[2:54:08] Those trees, the canopy, the character,

[2:54:11] and yes, they've kind of not um I I

[2:54:15] wanted you to ask to divide this into

[2:54:17] two issues tonight. You don't have to

[2:54:19] vote on the entire blanket. The park

[2:54:22] needs improvements. So, can you vote on

[2:54:25] the improvements? But about the trees,

[2:54:28] you know, the report that you gave, I

[2:54:30] couldn't go on there and find out how

[2:54:32] many trees you were cutting down, the

[2:54:34] location, the arbur report on every

[2:54:37] tree. So, I didn't find that you really

[2:54:39] gave enough information to to vote on

[2:54:42] that on the trees. So, if you could

[2:54:44] separate it and if you want to do the

[2:54:45] park improvements, you know, we're all

[2:54:48] behind that. But the trees is really

[2:54:50] special. Once you cut them down, you

[2:54:52] can't get them back. And they're really

[2:54:54] a treasure to us. So, please think about

[2:54:57] it and separate it in two and give us

[2:54:59] some time to really evaluate it because

[2:55:02] I was shocked at the portrayal of of the

[2:55:04] park. It it's it's a beautiful park.

[2:55:08] Thank you.

[2:55:10] >> Thank you, ma'am.

[2:55:12] >> Joe Larson.

[2:55:33] My name is Joe Larson and I've lived in

[2:55:35] Dana Point over 30 years.

[2:55:39] That is my park.

[2:55:44] Okay, those trees are my trees. When I

[2:55:48] want shade, I go to my park with my dog

[2:55:53] and enjoy the trees. Now, I happen to

[2:55:55] live really close to the hotel. Our

[2:55:58] street was torn up four and a half

[2:56:01] months so that they can get a five-star

[2:56:04] review. I don't care to give up my trees

[2:56:08] so that they can get a five-star review.

[2:56:11] They owe us something back, not to take

[2:56:15] away from us.

[2:56:17] Sorry that I'm being pissy about it, but

[2:56:19] I am.

[2:56:21] Those are my This is my park, my trees.

[2:56:25] Don't remove them. Now, as far as making

[2:56:28] other things more beautiful, cool.

[2:56:31] You know, make the amphitheater more

[2:56:34] usable, do some repairs.

[2:56:37] Cool.

[2:56:39] Uh, leave the trees alone except those

[2:56:42] that are diseased.

[2:56:45] Thank you.

[2:56:48] ma'am. Miss Patty Kendall.

[2:57:00] » Good evening. I'm Patty Kindle. I've

[2:57:03] lived in Dana Point for over 30 years

[2:57:05] and I live off of Terrace Lantern in

[2:57:07] Dana Point which is right next to that

[2:57:10] beautiful park and I just want you guys

[2:57:12] to make certain that you do the correct

[2:57:14] thing for that park and don't destroy

[2:57:17] all the trees. Take out the dead ones

[2:57:19] because I love that park and that's all

[2:57:21] I wanted to say. Thank you.

[2:57:24] >> Thank you ma'am.

[2:57:27] Mary or

[2:57:32] Hello, my name is Mary Orur and I am a

[2:57:36] resident of Dana Point and have been

[2:57:39] since 1988.

[2:57:41] I live on Blue Lantern and as you can

[2:57:44] see, I am not a tree lover. I use paper.

[2:57:48] So, the trees are not my issue. But as

[2:57:52] you can also see, I'm a sun problem. The

[2:57:56] sun is my issue. So right now you have

[2:58:01] that park is set up so you can have

[2:58:04] several events separate from each other

[2:58:07] because of the two areas that are shaded

[2:58:10] very very well

[2:58:12] and there's tables there and there's

[2:58:16] playground there and there's uh

[2:58:18] barbecues there.

[2:58:20] That shouldn't be taken away. And when I

[2:58:23] looked at

[2:58:25] this page, which was uh the rendering

[2:58:28] before, and saw that really this whole

[2:58:32] area was going to be denuted of trees,

[2:58:36] as is this, which would leave this whole

[2:58:38] side just, you know, to the sun. There

[2:58:43] weren't any shade pergolas in there, you

[2:58:47] know, so you could uh coverings.

[2:58:50] And um I think that the problem is that

[2:58:54] there wasn't enough input. And that

[2:58:57] problem is because nobody knew about it.

[2:59:01] And I don't know how you communicate,

[2:59:04] but of course I found out from um

[2:59:08] Gwendalyn and then it all went

[2:59:13] blossoming from there in two days. But I

[2:59:16] really think that uh it should be looked

[2:59:18] at more closely and there should be more

[2:59:21] input than 75 people.

[2:59:27] » So thank you all. Thank you.

[2:59:30] >> Now we go we're going to go into the

[2:59:32] brave new world piece of public comments

[2:59:35] and we have two on Zoom. Can we do we

[2:59:37] start with Mr. Baker?

[2:59:48] go ahead.

[2:59:51] >> Thank you. Uh, good evening. My name is

[2:59:54] Michael Baker. I am a resident of Dana

[2:59:57] Point. I grew up here in Dana Point. My

[3:00:00] daughter attends RHDana.

[3:00:03] Um, it wasn't really until I had a child

[3:00:06] of my own how much I parks and how I

[3:00:12] uh learned the importance of shade. Um,

[3:00:15] we visit the parks based off of uh what

[3:00:19] how much shade there is. Uh, this park

[3:00:22] um my family picnics there in the shade

[3:00:26] under the trees for Mother's Day, for

[3:00:28] Father's Day, for birthday parties.

[3:00:33] I

[3:00:35] echo all the other community members who

[3:00:38] have spoke up for these trees and um I

[3:00:43] applaud them for their bravery truly and

[3:00:45] the point of who to believe. Um, I I too

[3:00:50] find it um the way that the park was

[3:00:54] characterized in the beginning uh

[3:00:56] doesn't represent how I feel about the

[3:00:58] trees or the park or anyone else I know

[3:01:02] um that knows this park.

[3:01:06] And so it it does seem odd that

[3:01:10] something so drastic would happen

[3:01:14] without any of us being aware. Um, and

[3:01:17] to me that that is suspicious. Uh,

[3:01:20] looking at those renderings, to me that

[3:01:24] looks like a hot hell because it's just

[3:01:27] so much sun exposure. Um, to think that

[3:01:30] we would cut down these trees for the

[3:01:32] bed in the park to me is ridiculous.

[3:01:35] I

[3:01:37] can only see there being um

[3:01:41] this being for like a a photo op and

[3:01:45] that would be the only benefit. But

[3:01:47] really, you know, no one would want to

[3:01:49] stay there or visit. So, I believe that

[3:01:53] cutting down these trees would really

[3:01:55] just be a failure to the park and the

[3:01:57] park would be used even less. Um so,

[3:02:01] please consider saving these trees.

[3:02:03] Thank you.

[3:02:09] Madam clerk,

[3:02:14] phone number ending in 0137.

[3:02:24] Go ahead, please.

[3:02:34] unmute.

[3:02:59] Nothing. Is he still online?

[3:03:02] >> Yes, he's still on the line. Or is she?

[3:03:06] >> She

[3:03:07] Let's give it a second.

[3:03:10] One more time. Ma'am, if you can unmute,

[3:03:13] that would help.

[3:03:36] All right. Am I here?

[3:03:37] >> Yes.

[3:03:38] >> Am I present?

[3:03:39] >> All right. Thank you, Mut. Wow. That was

[3:03:42] a That was a I was mute a lot of my

[3:03:45] life, but that was uh one of the times

[3:03:47] I'm I'm not mute anymore. I've been

[3:03:49] coming down to Dana Point since 198

[3:03:55] Oh. Oh, I I am that I am for I am. I'm

[3:03:59] called Michael. Nothing less, nothing

[3:04:00] more. I am the resident of the kingdom

[3:04:02] of heaven and I'm here to give my

[3:04:05] experience of these trees. I've been

[3:04:07] coming down here since 1982.

[3:04:10] uh enjoying the shade. I'm wondering why uh we have to take these things

[3:04:16] down. Uh we've had natural beauty for a

[3:04:19] long time. You got migratory birds that

[3:04:22] fly in here. And um what this is, this

[3:04:25] is a an attack on nature,

[3:04:28] on on women, on the feminine, and uh

[3:04:33] horrible.

[3:04:34] Uh this is absurd. Uh, none of these uh

[3:04:39] none of this this hotel has any say in

[3:04:42] any any kind of action here. This is setting you guys up for a a

[3:04:47] big-time lawsuit, failure to handle

[3:04:49] fiduciary affairs and moral turpitude.

[3:04:52] Uh, this is absurd. Uh, this is kind of

[3:04:55] goes just sounds like a bunch of liars.

[3:04:58] Uh,

[3:04:59] that, you know, fits right in with the

[3:05:01] well well-fed capitalism of 1945. Uh,

[3:05:06] you know, I've had I've had plenty of

[3:05:07] fun here at this park with my dogs. I

[3:05:10] run dogs off leash. I train them. I'm an

[3:05:14] acrobatic dog person. I get put in jail

[3:05:17] because of these well-fed capos. And

[3:05:18] it's absurd. Just no different than what

[3:05:22] happened at the park over there when an

[3:05:24] a mob of 10 people came and assaulted

[3:05:27] and battered me. And uh there was not

[3:05:29] one security. There was a guy that was

[3:05:33] 120 pounds at this huge event. So, you

[3:05:36] guys are once again setting yourself up

[3:05:38] for uh big- time action. Big time. Uh

[3:05:43] notice principles, notice notice to

[3:05:45] agent, notice to agent, notice the

[3:05:46] principal. Thank you very much.

[3:05:50] >> Thank you. We will now move on to

[3:05:53] council discussion. See, I'm sorry. No

[3:05:56] one else online.

[3:05:57] >> Carrie Sanderson.

[3:06:04] Carrie, are you interested in providing

[3:06:06] public comment?

[3:06:15] » Be patient, folks. It's it's a new world

[3:06:18] for all of us. So,

[3:06:27] » Carrie has left the Zoom.

[3:06:29] >> Okay. Is there anyone else on the Zoom?

[3:06:32] >> No, sir.

[3:06:33] >> Okay. So, with that, we will turn this

[3:06:35] back over to the council for discussion.

[3:06:37] Colleagues, anyone want to start?

[3:06:39] >> Uh, Mr. Feder Rico.

[3:06:41] >> Thanks, Mr. May. I have a question

[3:06:42] first. Uh, Mr. Rosler, can you or

[3:06:44] someone tell me about the crepe myrtle

[3:06:45] trees? Crepe myrtle trees which are

[3:06:49] proposed to be planted come in lots of

[3:06:52] different styles, shapes, and sizes.

[3:06:59] Yes, the uh crepe myrtles that were

[3:07:01] proposed there are going to be standard.

[3:07:04] So, they would be a tree format, but I'm

[3:07:07] happy to, you know, work with you guys

[3:07:10] and figure out a better shade solution

[3:07:13] and a better tree. Uh,

[3:07:14] >> no, I think they so I think

[3:07:16] >> for that area

[3:07:17] >> I Yeah. Um, crepe murals are beautiful.

[3:07:20] They flower and can be good shade trees

[3:07:22] also depending on the type you get.

[3:07:25] >> So, that is correct. And the goal is to

[3:07:27] replace with

[3:07:29] shade trees. Trees that will provide

[3:07:32] shade. All right. Um that was my only

[3:07:34] question. Mr. Mayor, I do have some

[3:07:35] comments if you don't mind me making

[3:07:37] them now.

[3:07:38] >> Just one real quick. Uh for just a point

[3:07:40] of order. Um please refrain from

[3:07:44] outburst while we debate this because it

[3:07:47] just it slows the process down and we

[3:07:50] can't you know there's going to be a lot

[3:07:52] of discussion internally. So, I just I

[3:07:54] appreciate it if you got folks would

[3:07:56] just let's let's have our discussion and

[3:07:59] we'll take it from there. So, thank you.

[3:08:05] » Go ahead.

[3:08:06] >> Thank you, Mr. Mayor. I appreciate it.

[3:08:08] Um Taylor, are you the one that's

[3:08:10] putting up the slides? Could you put the slide of the rendering of what the

[3:08:15] proposal is?

[3:08:20] » Mr. Mayor, I still got

[3:08:23] We'll come back to you in a sec.

[3:08:24] >> Yeah, questions first.

[3:08:30] » Yeah, this one. Thanks.

[3:08:33] I guess the question is for Mr. Rosler.

[3:08:35] Is

[3:08:38] why is this the only or is this the only

[3:08:40] option? Is this I mean clearly uh I

[3:08:44] think the majority of folks here said,

[3:08:45] "Yeah, we want to see uh improvements to

[3:08:48] the to the park, the amphitheater.

[3:08:50] There's no doubt it needs it needs

[3:08:52] improvement. Uh botanical garden would

[3:08:54] be awesome, but the park is so big. Why

[3:08:58] does it have to be this only option? Is is there room for compromise here at

[3:09:06] all um

[3:09:09] in this process? I'm just curious.

[3:09:13] We um utilized the big event space for

[3:09:16] several events for the city and you can

[3:09:20] see that off the culde-sac we left that

[3:09:23] area open so that we can uh get large

[3:09:26] trucks into the area. You know we have

[3:09:29] the festival whales carnival in this

[3:09:32] area and so we'd still like to hold

[3:09:35] those large events. Fourth of July, um

[3:09:38] there's a lot of viewing of the

[3:09:39] fireworks and so, you know, we left the

[3:09:42] area along the bluff open as well for

[3:09:45] viewing of those fireworks. So, you

[3:09:47] know, really tried to leave the open

[3:09:50] space open where we could.

[3:09:53] >> So, I think that's an important point to go into. So, you know, things like

[3:10:00] movies in the park, yoga, carnival, you

[3:10:04] know, data point has a bunch of awesome

[3:10:06] events. So, will those would those be

[3:10:09] impacted? So, you're trying to So, what

[3:10:11] you're saying is you're trying to

[3:10:12] minimize the impact on a majority of

[3:10:15] events and so there is there room to

[3:10:21] if we

[3:10:23] is there room for compromise on this? I

[3:10:26] don't believe there is as far as the

[3:10:28] botanical garden. Um on the other side

[3:10:32] is where we do yoga in the park and that

[3:10:34] whole side is not going to be touched.

[3:10:36] Um as well as the stone pines there and

[3:10:39] the Tory pine trees on that side will

[3:10:41] not be touched and they will remain.

[3:10:45] >> Did this design come from our city

[3:10:46] staff?

[3:10:47] >> It did not.

[3:10:48] >> Who did it come from?

[3:10:49] >> It came from the resort.

[3:10:51] >> Yeah.

[3:10:54] » Okay.

[3:10:56] Thank you.

[3:11:00] » We gave plenty of input into this design

[3:11:02] and after um a couple renditions uh they

[3:11:08] you know happily changed what what we

[3:11:10] wanted to see as a city

[3:11:17] » colleagues.

[3:11:19] Mr. Pano

[3:11:21] >> okay Mr. Frost.

[3:11:22] >> Thank you Mr. Mayor. Um, lots of emotion

[3:11:26] in here. Um, but I do want to try to get

[3:11:29] to facts. Um,

[3:11:32] do we know when the the trees that were

[3:11:34] there that are there now, the the trees

[3:11:37] that we'd be removing along the sidewalk

[3:11:39] and then I guess on the western side,

[3:11:41] when were those put in?

[3:11:42] >> 1983.

[3:11:44] >> Okay. And what was there? There was I'm

[3:11:46] trying to picture the pictures on social

[3:11:48] media and whatnot. There's basically

[3:11:49] just a hillside there before. Correct.

[3:11:52] It was a scrubby bluff. Think uh the

[3:11:56] nature interpretive center.

[3:11:58] >> Okay.

[3:11:58] >> Land. So it would have been coastal sage

[3:12:00] scrub there.

[3:12:01] >> Okay. And then do we know why these like

[3:12:04] is there some was it just some county

[3:12:07] guy out there? Did he went to Home

[3:12:08] Depot? Well, Home Depot didn't exist. He

[3:12:10] went to the landscape place and went and

[3:12:12] grabbed something or like was there

[3:12:14] >> did my brothers develop the the area?

[3:12:18] They chose uh a Mediterranean Italian

[3:12:21] pine that would do well in the climate

[3:12:24] and a pine that is down in San Diego and

[3:12:28] Santa Rosa Island that would do well in

[3:12:30] the climate as well.

[3:12:31] >> Okay, so these two types of trees are

[3:12:34] found in California, but they're not

[3:12:37] they weren't naturally here.

[3:12:39] >> Correct.

[3:12:40] >> Okay, that's an important concept. Um

[3:12:44] » um I think I have some others but um I

[3:12:47] need to go find them in my sheet here.

[3:12:49] So thank you.

[3:12:50] >> Anything comments?

[3:12:52] >> Okay,

[3:12:55] >> Mr. Rosler.

[3:12:56] >> Bark beetles.

[3:12:58] sir.

[3:12:59] >> How many of those trees actually have

[3:13:01] not not that have to be taken out today,

[3:13:03] but how many of them?

[3:13:04] >> It's hard to say. Um the report was done

[3:13:08] like 15 months ago and there was you

[3:13:11] know the several that were infested and

[3:13:14] they we needed to go back and do some further studies.

[3:13:19] >> Hang on hang on. as I as we have to talk

[3:13:23] to you. I understand your point. Um

[3:13:30] is what's the magic on those?

[3:13:34] >> It's a policy we came up with two years

[3:13:36] ago. So it's not specific to this park.

[3:13:39] It's a policy we use across a city. So,

[3:13:41] anytime we take out any city tree, which

[3:13:45] there are 77,638

[3:13:49] city trees, um anytime we remove one, we

[3:13:52] replace it with two. And that's just so

[3:13:54] that our our city urban forest does not

[3:13:58] dwindle and so that we're always like

[3:14:02] uh ramping it up, so to say.

[3:14:03] >> So, there is opportunities to put even

[3:14:06] more than two if we need to.

[3:14:07] >> Absolutely.

[3:14:08] >> Okay. And we have places we could put

[3:14:10] them. Absolutely. Yeah, we have a we

[3:14:12] keep city staff keeps an inventory of of

[3:14:15] trees uh two foot box trees uh in the

[3:14:18] city at all times and we're always

[3:14:20] replacing not part of this project but

[3:14:22] always planting city trees.

[3:14:24] >> And lastly, the endangered claim are

[3:14:28] Tories endangered?

[3:14:30] >> The natural stands of Tory pines are in

[3:14:33] San Diego. These were not a natural

[3:14:35] stand. They were planted by the Smite

[3:14:37] brothers in 1983.

[3:14:39] >> Okay. Thank you.

[3:14:43] » Thank you.

[3:14:46] >> We'll go back to We'll go back. He's got

[3:14:48] comments. Mr. Feder Rico,

[3:14:53] » I'm sorry.

[3:14:54] >> Um the the 2 to1 is not We're not having

[3:14:58] We're not meeting that on this project.

[3:15:01] Are are we at one or

[3:15:04] >> in these plans? Uh we are not meeting

[3:15:07] that but we will meet that through the

[3:15:10] city through uh either in the park or

[3:15:13] elsewhere.

[3:15:14] >> Okay. Okay. Are we meeting one to one?

[3:15:20] >> Oh I mean

[3:15:22] >> not in not in these drawings but but

[3:15:24] we're going to go back and look where

[3:15:26] it's appropriate to add more shade trees

[3:15:27] and definitely put more shade trees in.

[3:15:30] >> Okay. And then uh sorry I've got these

[3:15:33] written everywhere. Um the barbecues

[3:15:36] underneath I mean there's there's really

[3:15:37] no structures underneath the sidewalk

[3:15:39] other than the sidewalk. Um but the the

[3:15:42] barbecues and the

[3:15:45] picnic tables underneath um the other

[3:15:48] section of trees I didn't see in here.

[3:15:51] Do those do we come out netting to the

[3:15:55] same thing as far as seating goes?

[3:16:02] » Probably not.

[3:16:03] No.

[3:16:03] >> Okay.

[3:16:04] >> Um,

[3:16:08] » but we can we can certainly add

[3:16:10] additional seating in the botanical

[3:16:12] garden with shade. I mean, we can we can

[3:16:15] certainly net out if that is what you

[3:16:17] would like to see.

[3:16:18] >> That's an important concept.

[3:16:19] >> That's what you would like to see

[3:16:20] happen.

[3:16:21] >> Um, okay. Thanks.

[3:16:24] >> That's all.

[3:16:25] >> Thank you, sir.

[3:16:27] We'll start with Mr. Federico.

[3:16:28] >> I have another question.

[3:16:30] >> Go ahead.

[3:16:31] So on that same note of uh

[3:16:36] is it possible to

[3:16:38] keep some of these trees in the

[3:16:40] botanical garden? Why why do they all

[3:16:42] have to go? Can't we keep some of them

[3:16:46] and incorporate it into the botanical

[3:16:48] garden? I know I'm redesigning something

[3:16:50] we passed a year ago, but is is that

[3:16:53] possible? I I know you're asking off the

[3:16:56] top of your head. Maybe that's an unfair

[3:16:57] question. the roots and the way that the

[3:17:00] shade canopy and the pine needles they

[3:17:03] drop would not support the coastal sage

[3:17:06] scrub and the agave environment that

[3:17:08] we're trying to put in there.

[3:17:08] >> Okay. Okay. Thank you,

[3:17:12] >> Mr. Federico. Uh thanks, Mr. Mayor. Um

[3:17:16] and thanks colleagues for your questions

[3:17:18] as well. I was going to hit on the

[3:17:19] transparency part real quick. We voted

[3:17:21] on directing staff to to pursue this and

[3:17:24] work with uh this plan months ago at a

[3:17:28] publicly agendaized meeting right here

[3:17:29] in this room. So, if people weren't

[3:17:31] paying attention, I feel badly about

[3:17:33] that. But there's nothing but

[3:17:35] transparency about this process. And

[3:17:37] I'll say for I've been on this council

[3:17:39] for coming up on eight years. For eight

[3:17:42] years, we've been talking about how are

[3:17:44] we going to fix and redesign that park.

[3:17:46] So,

[3:17:49] there's a lot of emotion in the room.

[3:17:50] You said it yourself, Mr. Frost, and I

[3:17:52] appreciate all of that. Um, I think

[3:17:54] there's subjective opinions about what

[3:17:57] makes a a park beautiful, and I was in

[3:18:00] that park this morning as well, and I

[3:18:02] think it is pretty beautiful, except for

[3:18:04] the big long line of trees that cuts it

[3:18:06] in half. Um, it's not going to be a

[3:18:09] popular opinion out there, but I think

[3:18:10] it the the the pine grove is a mess

[3:18:15] underneath it. um overgrown with roots

[3:18:17] and the pine needles, keep grass from

[3:18:19] growing. And uh I think we there are

[3:18:21] ways to get shade trees back, redesign

[3:18:24] this park, and make it better for

[3:18:25] everyone. And I could not care less

[3:18:27] about what happens behind it, but

[3:18:29] keeping an open space to be used for

[3:18:30] community events. Um keeping the Stone

[3:18:34] Pine Grove on the east side of the park

[3:18:36] untouched so people can have a shade

[3:18:38] canopy to use if they want, I think is a

[3:18:41] betterment for the community in general.

[3:18:45] Um, no one likes change. Um, it's a

[3:18:49] subjective opinion to say that this new

[3:18:51] version of the park would not be as

[3:18:52] good. No one likes change, but um, I I

[3:18:57] actually think it will be better. We

[3:18:58] think we have some work to do on making

[3:19:00] sure that the the shade trees go in. And

[3:19:02] by the way, we've said it a couple times

[3:19:04] tonight, the trees here that people are so in love with were paid for by

[3:19:08] developers, were put in by the Smith

[3:19:10] Brother Development Company who graded

[3:19:14] that. The Army Corps of Engineers graded

[3:19:16] that natural hill. It's landfill. It

[3:19:18] used to be ravines and it's landfill

[3:19:20] now, quite frankly. Um, and then

[3:19:23] developed the homes in which many of the

[3:19:26] residents tonight

[3:19:28] live in. Um it I get that it's not it's

[3:19:31] not no one likes change. Uh but this is

[3:19:33] a natural course of of evolving. I think

[3:19:37] this park will get more and better use.

[3:19:39] I'm happy that we're keeping the the the

[3:19:40] Shade Grove on the east side of the

[3:19:42] park. I'm hoping we improve the

[3:19:43] playground structure, which is the worst

[3:19:46] playground structure in the city of Dana

[3:19:48] Point. Um I don't know if that was

[3:19:50] mentioned in any of the surveys or not.

[3:19:52] I didn't see it in there, but it's

[3:19:53] terrible. Uh but that brings me to my

[3:19:55] bigger point. this portion is what we

[3:19:57] could get

[3:19:59] uh the hotel property to pay for sort of

[3:20:01] as mitigation for the they had to to do

[3:20:04] work in our park anyway. Um but this

[3:20:07] doesn't mean this is the end of what we

[3:20:09] can do with Lanner Bay Park. Um further

[3:20:11] on the west side, west of the botchi

[3:20:13] ball courts, we could maybe do some work

[3:20:14] over there on the east side. We can

[3:20:16] hopefully improve the the playground

[3:20:17] equipment and do some other things. This

[3:20:19] is a section of the park that is

[3:20:21] redesigned to be this way. I think that

[3:20:23] the the the pollinators, the native

[3:20:26] garden, uh the walkway, the pathway that

[3:20:29] connects not only the beautiful mosaic

[3:20:32] staircase with the park, but also which

[3:20:34] will connect uh Golden Lantern to get

[3:20:37] people moving through the city and get

[3:20:38] into and out of the park more easily. Um

[3:20:40] and just through our town and and down

[3:20:42] across to Dhaney Beach. um our net

[3:20:44] benefits.

[3:20:46] While it's not ever fun to see trees

[3:20:49] grow, I honestly think uh it's a it's

[3:20:54] just because some developer in the 80s

[3:20:56] decided to plant a long row of overly

[3:20:57] dense pal pine trees doesn't mean we

[3:21:00] should be stuck with them forever. So, I

[3:21:02] appreciate the the resident's comments.

[3:21:03] I take them seriously. Um but I believe

[3:21:07] as a resident of this town who goes in

[3:21:08] that park that this will be an

[3:21:10] improvement. So, I will move the staff

[3:21:12] recommended action with the direction

[3:21:14] that we're careful about what the trees

[3:21:15] are and we look at opportunities um to

[3:21:18] create shade in and around the park. I

[3:21:21] think if you if surveyed and I know

[3:21:24] Annie's husband is a landscape designer,

[3:21:25] I don't know what he would say. I think

[3:21:27] if you surveyed a 100 landscape

[3:21:28] designers, zero of them would have

[3:21:30] designed what's there now. Um and we can we can do better. So, I support

[3:21:36] the staff recommended action with that

[3:21:38] direction.

[3:21:39] >> Thank you, sir.

[3:21:41] Mr. BL, anything.

[3:21:44] >> Mr. Banana,

[3:21:46] you have a second.

[3:21:50] » He made the motion.

[3:21:51] >> Yeah, we can finish comments and then

[3:21:53] take a second.

[3:21:55] >> Um,

[3:21:57] I this is one of those things where the

[3:22:00] beauty of this council is that we can

[3:22:02] have disagreements and debate it and

[3:22:05] move on. And I think some of the

[3:22:07] comments tonight I'll just say on

[3:22:09] surprisingly I disagree with a lot of

[3:22:10] the way things were said tonight. Um I

[3:22:13] think there's a lot of people trying to

[3:22:15] do the right thing but maybe doing it

[3:22:17] the wrong way and some of the comments

[3:22:19] or the inferred um comments about city

[3:22:23] staff or colleagues that sit up here. To

[3:22:26] me it's just knowing these people it

[3:22:28] doesn't land well with me. Um, in saying

[3:22:30] that, what's been discussed tonight,

[3:22:34] being a person that's lived here my

[3:22:36] whole life, I'm going to continue to be

[3:22:38] consistent with what I said last

[3:22:39] November, which is I would like to

[3:22:42] preserve the trees myself personally.

[3:22:44] Um, and I do thank Jeff for his

[3:22:47] presentation. And I thank you for your

[3:22:48] comments and understand your points, but

[3:22:51] I want to be consistent with my position

[3:22:53] last November and which is to maintain

[3:22:55] the trees

[3:22:59] » comment. Mr. Mayor,

[3:23:00] >> go ahead.

[3:23:02] So, I appreciate uh Councilman Pagano

[3:23:05] bringing that up and and and and uh I

[3:23:08] agree with him that some of the things

[3:23:10] that were said tonight, especially about

[3:23:13] staff, like I this city has proven over

[3:23:16] and over again, it's love of trees, just

[3:23:18] literally a couple of weeks ago, we're

[3:23:20] talking about uh palm trees that we're

[3:23:23] trying to save. Like I I I don't I I

[3:23:26] think maybe folks watch the news too

[3:23:30] much and think that we are like, you

[3:23:32] know, national uh politicians here.

[3:23:35] We're not. We're residents just like

[3:23:36] you. Um and some of the stuff I I

[3:23:39] actually found offensive uh to me

[3:23:42] personally. Um it doesn't it doesn't

[3:23:45] impact how I'm going to vote, but on the

[3:23:49] other side, I I do want to say I

[3:23:51] appreciate you coming in here. like

[3:23:53] anytime a resident spends their time,

[3:23:55] their own personal time coming into city

[3:23:57] council, it has an impact on me. Um, so,

[3:24:02] you know, the messaging, you know, just understand like we're we're

[3:24:05] residents. Uh, we're we're here trying

[3:24:09] to serve the best that we can. Um, and

[3:24:11] the, you know, the attacks really aren't necessary. Uh, but you've given

[3:24:15] me a lot to think about. I'm still not

[3:24:17] 100% sure what I'm going to vote, but uh

[3:24:20] I just did want to make that comment

[3:24:22] that I I do sincerely appreciate any

[3:24:26] resident that comes to council and comes

[3:24:28] here to make a comment. Whether I agree

[3:24:30] with it or not, it does have an impact

[3:24:33] on me personally. And this is what um

[3:24:35] city government is for is for you to

[3:24:37] come and and and meet with council and say what you need to say. And we

[3:24:42] respect you for that. and but you also

[3:24:44] should respect the vote that's that's

[3:24:46] about to happen. That's all I have.

[3:24:49] >> Thank you, sir. Mayor Pro Tim,

[3:24:52] >> thanks. I brought up uh well, first of

[3:24:54] all, let me say I I I chalk up that to

[3:24:57] being an emotional issue. So, um I

[3:25:01] brought up the facts because uh it

[3:25:03] became kind of a big deal in my kids

[3:25:06] school. And one thing I would say to

[3:25:07] them is that when you run an

[3:25:09] organization, I guess whether it's a

[3:25:11] bureaucracy or a private company, it is

[3:25:14] critical to get to the facts. It is

[3:25:16] critical not to make an emotional uh

[3:25:19] decision right away. Um and it's I I

[3:25:22] would say taking the emotion out of it,

[3:25:26] uh the decision is really, hey, do the

[3:25:28] net benefits outweigh the cons, which

[3:25:31] would be cutting down the trees, right?

[3:25:34] And if if you look in the staff report,

[3:25:36] there are benefits received. Um that the Marriott would pay for um some

[3:25:43] of the comments like it's all about

[3:25:44] money. Well, that would be if we took

[3:25:46] taxpayer money to help them. They're

[3:25:48] funding they're funding improvements for

[3:25:51] us. And at the city level, we do this

[3:25:53] all the time, folks. This is probably

[3:25:55] one of the reasons why we are good

[3:25:57] financially. We operate well with our

[3:26:00] businesses.

[3:26:01] think about some of the benefits. Is

[3:26:03] that sidewalk that Dana mentioned? Is

[3:26:06] the rose garden? Is the improved

[3:26:08] amphitheater.

[3:26:09] Um, there's probably others. Now, I will

[3:26:12] also admit the cons are cutting down

[3:26:13] those trees. Although some people may

[3:26:15] say they don't go under those trees. Um,

[3:26:18] so that's maybe not a con at all. But

[3:26:20] again, when you add it all together, is

[3:26:23] it a betterment for the city? Uh, taking

[3:26:26] emotions out of it. I'm I'm not swayed by the fact that these

[3:26:33] trees were here and you can never cut a

[3:26:35] tree down. I am swayed though by the

[3:26:38] fact that it does appear as though the

[3:26:39] shade

[3:26:41] is very helpful and very wanted and I'm

[3:26:44] not sure how I'm trying to grapple with

[3:26:48] the how the go forward strategy meets

[3:26:50] that objective. Um and so I'm struggling

[3:26:53] with that. I'm not necessarily

[3:26:55] struggling with the emotional part about

[3:26:57] it. Um,

[3:27:00] and I I I will kick that off to you or

[3:27:02] you and that's really my the extent of

[3:27:05] my comments. Do you have anything else?

[3:27:07] >> Just a question for my colleagues.

[3:27:09] >> Go ahead.

[3:27:10] >> Would

[3:27:11] is there a version tonight that we could

[3:27:13] get if it's if we're at lock jam? I

[3:27:14] don't know if you have three votes or

[3:27:15] not, Jamie. I don't know if you got a

[3:27:16] second yet. if he did it

[3:27:18] >> to potentially um

[3:27:22] to revisit maybe a happy medium or to

[3:27:25] maybe sequence

[3:27:27] a different inst uh installation

[3:27:29] schedule on how those get removed and

[3:27:30] versus how they get planted. Anything

[3:27:32] that would maybe feel like we're doing

[3:27:35] something in the middle. Is anybody

[3:27:37] amendable to something like that?

[3:27:40] >> Yeah, I I I certainly talked about

[3:27:42] compromise at some point. Um, I don't

[3:27:44] know what that looks like, but uh I

[3:27:46] think there is a ground that is more

[3:27:50] palatable um to the residents, but I I I

[3:27:54] don't know what that is. And it it

[3:27:56] sounds like uh that's a diff going to be

[3:27:59] difficult to get to, but I I would

[3:28:01] certainly be open to something. I just

[3:28:03] don't know what it looks like. Well, uh,

[3:28:05] if I can interject here for a second, I believe that we need to reook or look

[3:28:11] at for the first time the the east side

[3:28:13] of the park. And just to u Mr.

[3:28:17] Federico's point that uh we need to look

[3:28:19] at the playground, but if we can do

[3:28:21] other things on the east side that

[3:28:24] increases the canopy and we can move

[3:28:26] some of those open space uses over to

[3:28:29] the other side of the park, you know,

[3:28:31] closer. You know, I I' I've been over

[3:28:33] there when the yoga uh classes are going

[3:28:36] on. They don't take up that much space.

[3:28:37] In fact, it's less than this room. So,

[3:28:39] there's there's space that we can they

[3:28:42] can use during the day that maybe not

[3:28:45] during an when we have a big event

[3:28:46] there, like when we have the carnival,

[3:28:48] but there are things we can do on the

[3:28:50] east side of that park to to mitigate

[3:28:52] the concerns of the constituents. And

[3:28:55] that may be this the easiest solution

[3:28:57] for all of us is that we when we if we

[3:28:59] vote on this we say come back to with us

[3:29:01] on the east side and what does the east

[3:29:03] side look like and we can we can take

[3:29:06] all the input not only from staff but we

[3:29:09] can also from the from the public and

[3:29:11] make this a a win for everybody.

[3:29:15] >> I I will say I love that idea. Actually

[3:29:17] on my way up here somebody texted me

[3:29:19] from RHD and was like well can you just

[3:29:21] transplant the trees up here? And I, by

[3:29:24] the way, I don't know if you can. I

[3:29:25] don't know like if the trees would live,

[3:29:27] but I mean, it does sound like, hey, the shade and the trees are valuable.

[3:29:34] Could we transplant them closer to the

[3:29:36] jungle gym on the other side? That's

[3:29:37] where all the kids are having birthday

[3:29:39] parties anyway. Now, that might be a

[3:29:41] dumb idea. Um, I don't know if it's even

[3:29:43] possible, but I do like the idea of

[3:29:45] thinking about some unique ways to

[3:29:49] compromise.

[3:29:51] So, we have a motion on the floor. Is

[3:29:53] there a second

[3:29:56] hearing? None. I I'll move it. I'll move

[3:29:58] the second. I'll I'll second the motion

[3:30:00] from from uh from Jamie. So, um

[3:30:05] do we want to discuss it more or do we

[3:30:07] want to want to call the motion?

[3:30:11] » You can call it. I mean, if you want I

[3:30:12] just one more question for for you

[3:30:13] gentlemen. Is that

[3:30:14] >> and I don't know if this is possible to

[3:30:17] have a substitution substitute motion

[3:30:18] Jamie something that you might

[3:30:20] um support which would be we approve the

[3:30:23] is this rel is this relative to a number

[3:30:27] as far as um is what is the what are the

[3:30:29] thresholds in which we're approving just

[3:30:31] to move forward with the discussions

[3:30:32] with Mary

[3:30:34] >> well there is a window in which the work

[3:30:36] would need to be done um if we are going

[3:30:39] to remove trees

[3:30:41] but what I what I would tell you is that

[3:30:44] even if this plan gets built and we see

[3:30:47] that we can add trees places or we want

[3:30:50] to add other shade structures, we can

[3:30:52] add them. This doesn't necessarily mean

[3:30:55] that this is the final concept of what

[3:30:58] this park will be. The park can evolve

[3:31:01] beyond this concept. You know,

[3:31:03] especially if we see it built and then

[3:31:06] say, "Oh, yeah, we really probably do

[3:31:08] need some more shade over there. We

[3:31:09] should put an arbor over here." You

[3:31:12] know, nothing stops this council from

[3:31:14] asking for us to do those things. But these trees would be gone

[3:31:20] >> in this design. Those those the the

[3:31:23] stand of trees there is removed.

[3:31:28] >> Do you want a friendly amendment to

[3:31:30] >> add the east side design or

[3:31:34] >> if if that's what the Yeah, I mean I I

[3:31:36] mean it was sort of implicit. I think

[3:31:38] we've

[3:31:39] >> we should make it more explicit. Yes, we

[3:31:41] should look. I mean, by the way, we we

[3:31:43] still own this park. And to to Miss

[3:31:45] Render's point,

[3:31:47] >> we do work in all of our parks all the

[3:31:49] time. We add trees, we take trees out,

[3:31:51] we do we change out playground

[3:31:53] equipment, we put in restrooms, we add

[3:31:55] restroom, we do work in our parks. This

[3:31:57] is still our park and we can add to it

[3:31:59] any on any given day inside of the

[3:32:01] budget that they have. But if we want to

[3:32:03] explicitly say and go back and look at

[3:32:05] what we can do, please add the

[3:32:06] playground equipment at least until my

[3:32:08] three-year-old is six. Uh I'm going to

[3:32:11] hear about that how bad the slide go 15

[3:32:13] I'm telling you.

[3:32:14] >> Um but yeah I mean I'm happy if that's

[3:32:17] the the amendment that's absolutely

[3:32:18] friendly to me and I think implicit in

[3:32:20] everything we do but happy to state it

[3:32:22] in the motion direct staff to look at

[3:32:24] all extra things we can do in the park.

[3:32:26] I think tonight this is unique because

[3:32:28] we're approve we're trying to approve

[3:32:30] something specific that someone else is

[3:32:32] paying for, right?

[3:32:33] >> And so it's we've got a little less

[3:32:34] leeway than we normally have because

[3:32:36] someone else is paying for

[3:32:38] >> paying for it and we've got to get him

[3:32:39] rights to go on there and Mr. City

[3:32:41] attorney is looking at me like I'm

[3:32:43] crazy. Well, no. Actually, I if with

[3:32:45] your permission would like to sort of

[3:32:46] chime in based on your discussion and uh

[3:32:49] council member Federico really just kind

[3:32:50] of hit it on the head that this is just

[3:32:54] an agreement with the hotel for them to

[3:32:57] fund what they're willing to fund as

[3:33:00] sort of mitigation for um the work that

[3:33:02] occurred in the park. Um

[3:33:06] we're not giving them the park. This

[3:33:07] remains your park. And the agreement

[3:33:09] that's part of the staff report makes it

[3:33:11] really clear that you know that their

[3:33:13] right to entry is very very limited to

[3:33:15] get this work done and then there's a

[3:33:17] warranty period after that that they can

[3:33:18] come in and you know clean things up but

[3:33:20] that's it. So um you have

[3:33:24] the the the moving parts that you need

[3:33:26] to deal with tonight um that that have

[3:33:29] some time sensitivity are the fact that

[3:33:31] there's um there are time parameters

[3:33:33] within work with within which work needs

[3:33:36] to get done. Um, the other aspect of

[3:33:39] this is, you know, I haven't any had any

[3:33:41] conversations with the the Marriott, but

[3:33:43] it seems sort of obvious that a business

[3:33:45] has kind of made a business decision

[3:33:46] about how much money they're prepared to

[3:33:48] spend towards doing something. So, an

[3:33:51] option for the council certainly would

[3:33:53] be to create a subcommittee um and say

[3:33:57] that the contract is approved subject to

[3:34:00] some Divi design revisions that are

[3:34:02] acceptable to a subcommittee. if you

[3:34:04] want to make that kind of a um

[3:34:06] delegation of authority in order to kind

[3:34:08] of keep things moving along. Um I I

[3:34:11] think what I've heard at least is there

[3:34:13] seems to be a lot of unonymity from the

[3:34:14] council that um a design that adds more

[3:34:17] shade would be beneficial. So that's

[3:34:20] something that you know you you know a

[3:34:22] subcommittee could go work with the

[3:34:24] Marriott folks and their designers to

[3:34:25] see if you can come up with something.

[3:34:27] Um I mean the city is certainly in a

[3:34:30] position if you wanted to at another

[3:34:32] time because it's not on the agenda this

[3:34:33] evening um supplement what's going on um

[3:34:37] with some funding and some other design

[3:34:39] um features if you wanted um but you you

[3:34:42] do have a window I you can see in this

[3:34:44] picture itself you can see there's

[3:34:45] construction going on and so the

[3:34:47] Marriott's willingness to um put money

[3:34:50] in towards this project I'm guessing is

[3:34:52] somewhat contingent on the fact that

[3:34:54] they're in the middle of their

[3:34:55] construction right now. So there there

[3:34:57] are economies of scale for them right

[3:35:00] now which may not be there later on if

[3:35:02] you defer this. So, um, if you're

[3:35:04] interested in doing something and trying

[3:35:07] to find a middle ground based on timing

[3:35:09] constraints, if you wanted to create a

[3:35:11] subcommittee to come up with some, you

[3:35:14] know, um, make it all subject to a plan

[3:35:17] that's approved by a subcommittee,

[3:35:18] that's certainly something within your

[3:35:19] power. And I think the important thing

[3:35:21] to remember is it's still your park and

[3:35:23] that down the road if you know what the

[3:35:25] merit's willing to pay for now is not

[3:35:27] sufficient to get what you where you

[3:35:29] want to go, you you can come back and do

[3:35:31] something else. Mr. Pagano, if you if

[3:35:33] you offer a a friendly amendment, make

[3:35:35] sure it includes on the east side

[3:35:38] playground equipment, improving, I don't

[3:35:40] care about net number total, same number

[3:35:42] of picnic benches, but better

[3:35:43] improvements on the picnic benches,

[3:35:45] improvements on the grills, um uh and

[3:35:49] yes, direction to to work on the east

[3:35:50] side, but I'm open to hearing certainly

[3:35:52] a friendly amendment. Or you can make

[3:35:54] >> I was going to make a substitute motion

[3:35:56] which would be simply that I like the

[3:35:58] city attorney's idea is you guys

[3:36:00] understand perspective of the council

[3:36:02] the conversation we're having tonight

[3:36:03] maybe a subcommittee of

[3:36:05] >> mayor Gabbard and and Mr. Federico um as

[3:36:08] a subcommittee to go take in the

[3:36:10] consideration and and work to maybe push

[3:36:13] that forward if if anybody else would

[3:36:15] support that.

[3:36:20] » Yeah, I I would support that. I'm just

[3:36:23] um

[3:36:24] you know it doesn't have to be the mayor

[3:36:27] and councilman Ferring unless they want

[3:36:28] to do it that would be fine. Um I I

[3:36:31] would raise my hand to it if if if

[3:36:33] somebody needed that. I don't know if

[3:36:35] Mike Frost or I I it I think we should

[3:36:38] have a subcommittee. I don't know who

[3:36:39] exactly that should be, but if if if

[3:36:42] Mayor Gabard and Councilman Federico

[3:36:44] want to do it, then that would be fine,

[3:36:45] too. My concern with this subcommittee

[3:36:48] is that it it stalls

[3:36:53] getting the work on the east or on the

[3:36:55] west side done

[3:36:57] anytime soon and

[3:37:01] that's that's problematic. I think

[3:37:03] there's if we want to have a

[3:37:05] subcommittee that looks at the east side

[3:37:06] and takes in all the public uh comments

[3:37:09] and we want to have workshops, whatever

[3:37:11] we want to do, I I get it. I just think

[3:37:14] if we're going to at least have this

[3:37:16] portion done as proposed, let's do it.

[3:37:21] And then if we after that's done, if we

[3:37:23] want to go back and say, "Hey, look,

[3:37:24] maybe this not working correctly, we

[3:37:26] want to work change this on the west

[3:37:28] side, we'll have all the opportunity in

[3:37:30] the world to do that after the fact."

[3:37:33] >> Yeah. I think what I think at this point

[3:37:34] I I don't know, Mr. City Attorney, if he

[3:37:36] has to restate his motion, but you had a

[3:37:37] second. We never voted. You never called

[3:37:39] a vote on it. Um I I think we're not

[3:37:42] going to get there on the subcommittee

[3:37:43] or on my substitute motion. So I would

[3:37:45] just say if whatever unless Mr. Frost or

[3:37:48] Mr. Velar, Mr. Federico has a has more

[3:37:51] to say.

[3:37:53] >> Go ahead, Mr. Fedrico.

[3:37:55] >> Uh a question to Mr. Pagano. So is your

[3:37:58] uh substitute motion to or would would

[3:38:00] be to approve the proposal tonight and

[3:38:04] then create a subcommittee to look at

[3:38:05] other improvements to the park.

[3:38:07] >> That's the part that I'm hung up on. I

[3:38:09] don't want to say approve the proposal

[3:38:11] tonight if it includes the immediate

[3:38:13] removal of those trees while the before

[3:38:15] the subcommittee meets. I think and

[3:38:17] understand I could be on an island on

[3:38:19] this one and I'm okay with that.

[3:38:20] >> Yeah, I'm going to Mr. uh you made the

[3:38:23] second, but Mr. Mayor, if you wouldn't

[3:38:25] mind, I'm going to amend my motion.

[3:38:26] >> Okay.

[3:38:28] >> Um to uh approve the staff's recommended

[3:38:31] action and create a subcommittee to look

[3:38:33] at other improvements we can make to

[3:38:34] Lanner Bay Park

[3:38:36] at large.

[3:38:38] Yeah.

[3:38:39] >> Okay. Uh,

[3:38:40] >> west of the west of the botchi courts,

[3:38:42] east of the

[3:38:44] >> Okay.

[3:38:44] >> sidewalk in the amphitheater

[3:38:47] >> to include the trail going down to

[3:38:48] Golden Lantern.

[3:38:51] >> So

[3:38:53] I Yeah, I'll accept the the amended the

[3:38:56] amended motion and I'll second that. So

[3:39:00] with that,

[3:39:02] we'll call the vote. All those in favor?

[3:39:05] I

[3:39:05] >> I opposed.

[3:39:07] >> Nay.

[3:39:09] >> Three nays. All right.

[3:39:14] » Is there another opportunity to ch

[3:39:16] >> You can chomp all you want.

[3:39:18] >> The mayor.

[3:39:18] >> Yeah.

[3:39:19] Exactly.

[3:39:20] >> Councilman, I'd like to pull on the

[3:39:22] string about um a subcommittee that

[3:39:26] isn't immediately going to going to cut

[3:39:29] down those trees. Although it may happen

[3:39:31] and it may be inevitable, but I don't I

[3:39:34] don't think we need to let a time crunch

[3:39:38] force us into something that we don't

[3:39:41] have time to really digest. I get it. It

[3:39:43] might push things back and it might

[3:39:44] delay things, but I I I'm I'm willing to live with that, but I would like to

[3:39:49] kind of pull on what you were talking

[3:39:51] about there with a subcommittee that uh

[3:39:53] isn't immediately going to going to

[3:39:56] destroy those trees. What were what were

[3:39:57] your thoughts?

[3:40:00] >> I mean, initially my thoughts were um

[3:40:03] having the two gentlemen that I think

[3:40:05] well including from pretty much

[3:40:06] everybody up here is versed in

[3:40:07] construction, but I think having two

[3:40:09] guys that are efficient, quick, have the

[3:40:12] latitude and time to meet with the

[3:40:13] contractors or whomever with city staff

[3:40:15] to figure out another option, an

[3:40:17] alternative. That was where my mind was

[3:40:19] thinking. But I realized that in nature

[3:40:22] my my idea does not um eradicate the

[3:40:28] removal of the trees. So I think that's

[3:40:31] where the log jam is.

[3:40:34] >> Yeah. Could I mean just big picture,

[3:40:35] could we do try an iterative process? I

[3:40:37] do like the whole concept of getting

[3:40:39] this done, but I'm going to go back to

[3:40:42] probably my dumb idea. Is it really not

[3:40:43] practical to move those? because appares

[3:40:47] where the garden's going to be. Um,

[3:40:50] couldn't we almost accomplish everyone's

[3:40:53] goals by keeping the trees put providing

[3:40:56] more shade over by the playground, but

[3:40:58] then also doing this? Um, I'd like to

[3:41:01] like evaluate if that's even a

[3:41:02] possibility. I mean,

[3:41:05] >> not even close.

[3:41:06] >> Well, anything's possible. Just how much

[3:41:07] money you got.

[3:41:09] >> Well, yeah. How much money does

[3:41:10] everybody have? Yeah, I agree. Right. I

[3:41:13] mean, I think we should quickly evaluate those

[3:41:17] things.

[3:41:21] » So, I would be okay with your proposal

[3:41:27] » if you and again, tell me to be quiet if

[3:41:30] you don't want me interfering with your

[3:41:31] conversation here, but if you want to be

[3:41:33] able to take advantage of the money

[3:41:36] that's being offered for improvements,

[3:41:38] you've got to act quickly. Um the that

[3:41:42] doesn't mean you have to do this though.

[3:41:44] And so my thought process was if you

[3:41:48] create a subcommittee that can act

[3:41:49] quickly and you approve the contract

[3:41:52] tonight subject to um the subcommittee

[3:41:57] um you know delegating to the

[3:41:58] subcommittee approval of some final

[3:41:59] plans. It gives you the opportunity to

[3:42:02] talk to um whoever I'm not even sure who

[3:42:05] it would be the designer the contractor.

[3:42:06] I'm not sure who does that, but to talk

[3:42:08] to them about all these different ideas

[3:42:10] you've been talking about maybe

[3:42:12] different types of trees that might

[3:42:13] provide more shade, whether you can save

[3:42:16] some of the trees and move them around.

[3:42:17] I mean, it gives you the opportunity to

[3:42:18] have those discussions and if the

[3:42:21] subcommittee is not willing to approve

[3:42:23] the plans, you know, then we can come

[3:42:25] back on the 20th and talk about it

[3:42:27] again. Um

[3:42:30] but um you know I'm trying to see if I

[3:42:33] can't help you find a middle ground that

[3:42:35] gives you the best of all worlds where

[3:42:37] you're getting take advantage of the

[3:42:38] money and and recognizing if you know

[3:42:41] that's that may just be something that

[3:42:43] doesn't happen that

[3:42:44] >> is is it possible to go back to the

[3:42:46] mayor and say yes council would like to

[3:42:48] take advantage of the funding. However,

[3:42:49] it's contingent on them agreeing to

[3:42:51] design specifications. They're in in

[3:42:53] particular, they're hung up on the

[3:42:55] eradication of all these trees and not

[3:42:57] providing different andor

[3:43:01] shade and or keeping as many as possible

[3:43:03] or that's kind of what I'm saying is

[3:43:06] that let's have them come up with some

[3:43:08] alternative plans and see if it is

[3:43:09] something that a subcommittee could say,

[3:43:11] "Yeah, okay, this works and we think

[3:43:13] it'll make the council happy." Um, and

[3:43:16] you know, the my thought on the

[3:43:17] subcommittee is simply just to give you

[3:43:19] nimleness so you can move this quickly.

[3:43:22] But I was,

[3:43:23] >> Mr. Mayor, I haven't. No, sorry.

[3:43:24] >> I just a data point for everybody is

[3:43:27] when I had my tour, they were telling me

[3:43:29] that by end of the year, they'll be done

[3:43:32] and open. So, our window, we got a very

[3:43:35] small window.

[3:43:36] >> So, I have a motion. I'd like to make a

[3:43:38] motion to postpone this vote until the

[3:43:41] next city council meeting. And I'd like

[3:43:43] to assign uh Councilman Pagano and Mayor

[3:43:46] Prom uh Frost to a subcommittee to look

[3:43:49] into alternatives to saving as many of

[3:43:53] those trees as possible. That makes

[3:43:55] sense. And if it doesn't make sense to

[3:43:57] you guys, then it won't make sense to

[3:43:58] us. Tr totally trust your judgments. So

[3:44:00] that means you got to meet with meet

[3:44:01] with the Marriott, I would assume, in

[3:44:04] the next week and then come back at our

[3:44:06] next council meeting and let us know

[3:44:09] what you've got and we'll we'll we'll

[3:44:10] take it from there. I I do agree that we need to take a little bit of time to

[3:44:16] really dig into this uh to make sure

[3:44:18] that we've unturned, you know, we we we

[3:44:21] unturned every stone and and uh we tried

[3:44:24] what we can do and and got to do what

[3:44:26] makes sense.

[3:44:28] That's my motion is to postpone this

[3:44:30] vote for until the next council and

[3:44:32] assign uh two uh committee members.

[3:44:37] >> It's two weeks.

[3:44:40] So you really got a week

[3:44:41] >> myself, but I'm not a at a conference

[3:44:43] where I would do it.

[3:44:44] >> So you got a week because you got to get

[3:44:46] it noticed by next Thursday.

[3:44:54] » There's a motion. I'm just

[3:44:59] » I'm sorry. I'm looking at my calendar.

[3:45:01] >> Trying to read your body to see

[3:45:04] pulling up my calendar.

[3:45:05] >> Welcome to democracy, folks.

[3:45:12] While they're doing it, I'm going to

[3:45:14] make another comment. Uh, I hope we keep

[3:45:16] this in perspective. We live in such a

[3:45:18] fantastic city that the biggest issue we

[3:45:21] have is saving trees out of out of park

[3:45:23] that's already the most beautiful park

[3:45:25] in America. Like, there's cities out

[3:45:27] there that would love to have that park.

[3:45:28] So, we got to keep that in perspective.

[3:45:30] Like, we're trying to make a great park

[3:45:32] into an even better park. So, that's our

[3:45:36] biggest problem tonight. So, it's a it's

[3:45:37] a great problem to have.

[3:45:44] » Yeah. I mean, as long as we don't have

[3:45:45] too many meetings, that's fine.

[3:45:48] >> I'm I'm I'm going to substitute myself

[3:45:50] with either Mr. Gabbard or Mr. Federico

[3:45:52] just to keep it nimble and move quickly.

[3:45:54] I don't want to inhibit anything to move

[3:45:56] forward.

[3:45:57] >> I I appreciate that. I just want in all

[3:46:00] fairness, I think the tree should go

[3:46:02] because I like the improvements. I don't

[3:46:03] think it's fair for me to be there.

[3:46:04] Okay. Uh, and I I I'm not going to

[3:46:06] support the motion only because and I

[3:46:08] don't think it gets any easier. This

[3:46:09] band-aid will never be easy to rip off.

[3:46:12] It will it will always hurt. There are

[3:46:14] going to be people who don't like it. I

[3:46:16] think in 20 years that park will look so

[3:46:19] much better if we do this. So, I I

[3:46:21] appreciate very much, Mr. Pagano, but I

[3:46:23] would rather not serve on that

[3:46:24] subcommittee.

[3:46:25] >> Yep.

[3:46:31] » This week is hell.

[3:46:38] I mean, somebody's got to serve on the

[3:46:40] subcommittee. I mean, all I'm going to

[3:46:41] do is go ask them and say, "Hey, what's

[3:46:43] the opportunity of

[3:46:45] >> I'm happy to do it with you. If that'll

[3:46:47] be supported by the opportunity."

[3:46:48] >> It's not that. It's just I just don't

[3:46:49] have the time until next Tuesday,

[3:46:51] Wednesday.

[3:46:52] >> Sure. I'll do it.

[3:46:52] >> I'd have to It'd have to be this next

[3:46:54] week uh for me, Frost, then I'm out.

[3:46:56] >> Sure. Yeah.

[3:46:59] >> Is there a second? I guess.

[3:47:01] >> Second.

[3:47:03] Or was that me?

[3:47:05] >> I think it was Valar.

[3:47:06] >> I made the motion. Second.

[3:47:11] » Yeah, I'll second it. Everybody make

[3:47:12] wants to make the motion for the

[3:47:13] subcommittee. They want to participate

[3:47:15] on it.

[3:47:15] >> All right.

[3:47:16] >> Well, all those in favor

[3:47:18] >> I

[3:47:20] nays.

[3:47:22] >> Nay. I I agree with Mr. Federico in that

[3:47:26] I I think we're going to end up having

[3:47:28] to take these trees out anyway. It's

[3:47:30] just it we can put other canopies up

[3:47:33] other places not only within the park

[3:47:36] but within Dana Point at large that um

[3:47:40] will satisfy

[3:47:42] the shade issue. We need the open space

[3:47:45] up there for for events. We need the

[3:47:47] open space up there for all of the

[3:47:48] educational stuff that we're trying to

[3:47:50] do. Um so I I think we're going to end

[3:47:53] up in the same place. I understand why

[3:47:55] we're doing what we're doing, but I I

[3:47:57] just it's

[3:47:59] We're just we got to rip the band-aid

[3:48:01] off at some point as he said.

[3:48:03] >> I can I can assure you, Mr. Mayor, Mr.

[3:48:04] Feder Rico, I'm not trying to do this to

[3:48:06] increase like kick the can. If we were

[3:48:08] told very soberly that this is the best

[3:48:10] way to do it, I will I will support it

[3:48:12] next meeting.

[3:48:15] With that, so

[3:48:18] got it.

[3:48:19] >> We we've got the motion. So we will move

[3:48:21] on to new business.

[3:48:23] Do you have everything, Kelly? You got

[3:48:25] everything you need? Okay.

[3:48:28] Financial Review Committee Recruitment.

[3:48:32] Madame Clerk.

[3:48:33] >> Thank you, sir. Heidi Riggs currently

[3:48:38] um appointed member of the FI is

[3:48:40] currently the council appointed member

[3:48:43] of the financial review committee. Since

[3:48:46] she was appointed to city council on

[3:48:48] August 17th by the council vote, she

[3:48:51] will no longer be able to serve on the

[3:48:53] financial review committee in that

[3:48:55] capacity once she begins her council

[3:48:58] term in December.

[3:49:00] staff recommends opening a 30-day

[3:49:02] recruitment for a new member of the

[3:49:04] financial review committee and creating

[3:49:08] a task force, another subcommittee for

[3:49:11] you, um, of two council members to

[3:49:14] interview applicants and provide

[3:49:15] recommendation of the applicant of the

[3:49:18] appointment to the financial review

[3:49:20] committee at the December 1st city

[3:49:22] council meeting.

[3:49:24] Please let me know if you have any

[3:49:26] questions.

[3:49:28] Thank you, ma'am. Mr. Mayor, question in

[3:49:30] reference to that. Just for cohesion, I

[3:49:33] would recommend that it be me and Mayor

[3:49:34] Prom Frost that do the recruitment and

[3:49:36] interviews.

[3:49:37] >> Well, you're reading my mind, dude.

[3:49:39] >> I'm just trying to do

[3:49:40] >> Do we have any uh public comments on the

[3:49:43] item?

[3:49:43] >> No, sir.

[3:49:44] >> All right. With that, council

[3:49:46] discussion. Anyone?

[3:49:48] >> I think Mr. Gano made a motion.

[3:49:50] >> Second.

[3:49:53] I

[3:49:53] >> I

[3:49:56] >> We'll move on

[3:49:58] >> to item 10. The fiscal year 26 fourth

[3:50:02] quarter financial report proposed FY2027

[3:50:06] budget adjustments, salary ranges and

[3:50:09] health plans for respected or

[3:50:11] represented and non-represented employee

[3:50:14] classifications.

[3:50:16] Mr. Smith,

[3:50:18] welcome to the DAS.

[3:50:19] >> Yes. Thank you, Mr. Mayor, City Council.

[3:50:22] Uh like you said, this item covers a few

[3:50:24] different topics uh tonight. The uh

[3:50:26] unudited fiscal year 26 fourth quarter

[3:50:29] results and year-end results. Uh the use

[3:50:32] of excess fiscal year 26 uh fund

[3:50:34] balance. Uh fiscical year 27 budget

[3:50:37] adjustments and carryovers and uh

[3:50:40] readoption of the salary range and

[3:50:41] health allowance resolutions uh with the

[3:50:44] required oral report. Uh so first with

[3:50:47] the fiscal year uh 26 year-end results

[3:50:50] fourth quarter results uh the general

[3:50:52] fund revenue uh totaled 57.6 million in

[3:50:56] fiscal year 26 uh which was 4 million

[3:50:59] above the amended budget uh and up 3.7

[3:51:02] million from the prior fiscal year. Uh

[3:51:05] this was led uh primarily from gains in

[3:51:08] toot property tax and charges from

[3:51:10] services. Uh expenditures uh excluding

[3:51:14] transfers was 48.2 2 million which was

[3:51:17] 3.8 million under budget uh and up 1

[3:51:21] million over the previous fiscal year.

[3:51:23] Uh that led to a ending general fund

[3:51:26] balance of 22.6 million. Uh this was

[3:51:30] split up between the economic stability

[3:51:32] and extreme event reserves which are

[3:51:34] 100% funded uh per current city policy

[3:51:38] and unassigned fund balance of 12

[3:51:40] million which exceeds the 7% policy

[3:51:43] maximum target. uh producing an 8.3

[3:51:47] million in excess fund balance. So what

[3:51:50] do we do with the excess fund balance?

[3:51:52] Consistent with past city practice and

[3:51:55] general best practices, all of this is

[3:51:57] directed, all of this excess funds are

[3:51:59] directed to one-time uses and not

[3:52:02] ongoing operations.

[3:52:04] uh extreme event reserves uh staff is

[3:52:07] recommending to put three a little over

[3:52:09] three million um into this reserve as an

[3:52:12] interim placeholder while we re-examine

[3:52:15] the reserve policy. Uh I think there's a

[3:52:18] few areas that we could probably improve

[3:52:20] the policy uh to make the the fiscal

[3:52:22] standing a little bit stronger. Uh we're

[3:52:25] recommending putting an additional 4% of

[3:52:27] unto unassigned fund balance which

[3:52:29] equals about $2 million. Uh we have

[3:52:32] about 1.34 million to go to capital

[3:52:35] improvement program and 1 million to

[3:52:37] facilities fund uh for some uh needed

[3:52:40] park improvements throughout the city.

[3:52:42] Uh we have fiscical year 26 general fund

[3:52:45] carryovers of 629,000

[3:52:47] uh that will move into fiscal year 27

[3:52:50] and then uh 231,000 to bring the

[3:52:52] economic stability and unassigned uh

[3:52:56] balances to the fiscical year 27 levels.

[3:52:59] Uh in the coming weeks, staff will do a

[3:53:01] comprehensive riskbased update to the

[3:53:04] reserve policy uh which was last revised

[3:53:07] in 2022. Uh and that will go to the

[3:53:10] financial review committee later this

[3:53:12] month and then on to council in

[3:53:14] November.

[3:53:16] Uh for the fiscal year 27 budget

[3:53:18] amendments, uh toot revenue increased

[3:53:21] 500,000 is projected to increase 500,000

[3:53:25] um over over what was originally uh

[3:53:28] budgeted. Um and this reflects fiscal

[3:53:30] year 26 actual collections. Uh we have

[3:53:33] carryovers of 670,000

[3:53:36] um of which 629 belongs to the general

[3:53:39] fund and this is for contracts and

[3:53:40] purchase orders that are in progress. Uh

[3:53:43] we have facility fund adjustments of 1.6

[3:53:46] million for carryovers and new projects

[3:53:49] and the net result would have a general

[3:53:51] fund ending fund balance um projected at

[3:53:53] 19.8 million after the current fiscal

[3:53:56] year in fiscal year 27.

[3:53:58] Uh moving on to the salary and health

[3:54:00] plan resolutions. Uh these resolutions

[3:54:03] were approved on consent at the uh last

[3:54:05] council meeting and we're bringing them

[3:54:07] back tonight so that an oral report as

[3:54:10] required this year under SB77.

[3:54:13] Uh the salary ranges uh were moved uh

[3:54:16] based on the employees.

[3:54:19] Um and the ranges are being adjusted

[3:54:21] from 1.3 and 5% with an average of 4.3%.

[3:54:26] uh hourly ranges reflect state minimum

[3:54:29] wage uh which is scheduled to increase

[3:54:30] on January 1st, 2027. And we also had

[3:54:34] one minor correction to implement. The

[3:54:35] senior civil engineer, senior plant

[3:54:37] check engineer, and senior structural

[3:54:39] engineer uh ranges are being adjusted uh

[3:54:42] to 4.8% uh instead of 1.8%. Everything

[3:54:46] else remains unchanged. the health

[3:54:49] benefit allowance uh per the calculation

[3:54:51] outlined in theou uh employees uh

[3:54:54] increases by $200 to $2,178

[3:54:58] per month and that'll be effective

[3:55:00] January 1st, 2027.

[3:55:02] Um and this applies to eligible

[3:55:05] represented and nonrepresented

[3:55:06] employees. So, the recommended action

[3:55:09] tonight is to receive and file the

[3:55:11] unodudited fiscal year 26 quarter 4

[3:55:14] financial report, approve the fiscal

[3:55:16] year 26 to 27 carryovers and budget

[3:55:19] adjustments, uh, adopt resolution

[3:55:22] establishing salary ranges, and adopt

[3:55:24] resolution modifying the health benefit

[3:55:26] allowances. That concludes my

[3:55:28] presentation and happy to answer any

[3:55:29] questions.

[3:55:31] >> Thank you, sir. Well done. Uh, is there

[3:55:34] any public comments?

[3:55:35] >> No, sir.

[3:55:36] >> Thank you. Moving back to council

[3:55:38] discussion. Any questions, comments? Mr.

[3:55:41] Feder Rico.

[3:55:42] >> Yeah. Um, uh, I'm going to move the

[3:55:44] staff recommended action, but I just

[3:55:46] want to ask a couple of quick questions.

[3:55:47] So, uh, thank you for the very good

[3:55:49] brief and it's great to see we're in

[3:55:50] this position. Can you uh talk about um

[3:55:55] just in high level what you're thinking

[3:55:57] about for proposed changes to the uh

[3:56:00] reserve policy? I I'm looking at page

[3:56:02] five with the what we're doing with the

[3:56:03] carryover and I appreciate and and

[3:56:06] certainly uh support putting um

[3:56:10] additional money in the extreme event

[3:56:11] reserve for now. I don't understand

[3:56:14] there's a couple lines on here I don't

[3:56:15] understand. You've got a FY27

[3:56:19] increase to the unassigned fund balance

[3:56:20] of $89,000 and then a couple lines later

[3:56:23] it says 4% additional unassigned fund

[3:56:26] balance of 2 million. just explain that

[3:56:28] part to me and then answer my question

[3:56:29] about reserves policy if you don't mind.

[3:56:31] >> Sure. So the the smaller amount is to

[3:56:33] bring it up to the policy level for

[3:56:35] fiscal year 27 which calls for a a

[3:56:37] certain percentage of revenues

[3:56:39] >> 7% of revenue. So that would take the

[3:56:42] fiscal year 27 revenues budgeted um and

[3:56:45] bring it up to that 7% level. the

[3:56:47] additional 4% um is kind of a and again

[3:56:51] another kind of placeholder as we do the

[3:56:53] >> placeholder for now because we don't

[3:56:55] have a place better place to put

[3:56:57] >> right as we don't want to transfer the

[3:56:59] money out of the fund um to just do our

[3:57:01] reserve policy and have to transfer it

[3:57:02] back in. So, we're kind of holding it

[3:57:04] there for now till we we get that

[3:57:06] comprehensive study. And really, that's

[3:57:08] to to strengthen, you know, those uh

[3:57:11] extreme event emergency type, which best

[3:57:14] practice is you really want to have uh 3

[3:57:17] months or 25% of your expenditures.

[3:57:20] >> You know, just in case revenue stops for

[3:57:22] three months, we've got reserves set

[3:57:24] aside that we can continue regular

[3:57:27] operations during that time. Um, so it's

[3:57:30] really to make sure we're uninterrupted

[3:57:32] in the services that we're providing.

[3:57:35] >> How long do you think at what point do

[3:57:36] you think you'll bring the the reserve

[3:57:38] policy updates sort of back? You going

[3:57:40] to put those through the financial

[3:57:41] review committee first? So it'll be

[3:57:43] months.

[3:57:44] >> No, I the committee meets at the end of

[3:57:47] this month.

[3:57:48] >> So that we'll we'll do it at the end of

[3:57:50] October with the committee and then in

[3:57:52] November the meet the meeting in

[3:57:53] November, we'll have it back to council.

[3:57:54] >> Thank you.

[3:57:55] >> You'll have to wrestle it.

[3:57:58] You're not getting out of here that

[3:57:59] easy. Go ahead, Mr. Bard.

[3:58:01] >> Thank you, Mr. Mayor. Just a a comment

[3:58:03] to to point out that relates to the last

[3:58:06] conversation that we had, right? Is, you

[3:58:09] know, we hear our financial review and

[3:58:12] we're in such a good spot financially

[3:58:14] that comes a lot of it comes from toot

[3:58:17] from from taxes that we have on hotels.

[3:58:20] So the Marriott when their rooms are

[3:58:22] full, it directly benefits the residents

[3:58:25] of Dana Point and it's something that we

[3:58:27] need to all keep in mind, right? They're

[3:58:29] not the devil, right? They're we're not

[3:58:31] selling our souls to the Marriott to to

[3:58:33] build, you know, cabanas on the bluff

[3:58:35] there, right? So, uh it's just something

[3:58:37] that we need to all keep in mind like we do benefit and being a good partner

[3:58:42] with the Marriott does benefit all of

[3:58:45] our residents.

[3:58:47] >> Thank you, sir. Anything, gentlemen?

[3:58:49] Just real quick, and I I know only

[3:58:51] Gwyn's here and stuff, but um to if

[3:58:54] those people are still here, especially

[3:58:55] the folks who sort of bit adversarial

[3:58:58] towards the Marriott. I mean, the

[3:59:00] Marriott's the reason why the deputies

[3:59:02] show up at your house. The Marriott's

[3:59:04] the reason why the why the parks look

[3:59:05] the way they do. The Marriott's the

[3:59:07] reason why the concerts are there. So,

[3:59:10] um you know, all we are is I mean, we

[3:59:12] are really in and out. We

[3:59:15] there's the only reason why we try to

[3:59:17] make money is to provide better

[3:59:19] services. So, um gosh, I wish I would

[3:59:23] have said that a little bit earlier, but

[3:59:25] uh with that, thanks, Mr. Mayor.

[3:59:27] >> Thank you.

[3:59:29] >> Yeah, I I guess

[3:59:32] >> we're going to we're going to pass the

[3:59:34] hat. I think

[3:59:36] >> be too late. We're going to be gone by

[3:59:37] the time you fix it,

[3:59:38] >> right? Okay. Do I have a motion?

[3:59:41] >> Second.

[3:59:41] >> Yeah. And I'll second.

[3:59:42] >> All right. All those in favor?

[3:59:44] >> I

[3:59:45] >> hearing no opposition, we will move on

[3:59:48] to council reports.

[3:59:51] >> Mr. Feder Rico,

[3:59:52] >> I turn in my list of meetings and have

[3:59:54] nothing to report.

[3:59:56] >> Mr. Flor,

[3:59:56] >> I turn in my list of meetings. Uh it was

[3:59:58] mentioned earlier Muertos is coming up

[4:00:01] November 1st. Um it's a fantastic uh

[4:00:04] city event. Um, it's not just for our

[4:00:06] Spanish speakers, it's for the entire uh

[4:00:09] community and I hope we all uh get out

[4:00:11] there because it really is a fantastic

[4:00:13] event. Thank you.

[4:00:13] >> Very cool,

[4:00:15] >> Mr. Pagano.

[4:00:16] >> I turn in my list of meetings. Only

[4:00:18] thing I'd say is we heard from Danny

[4:00:19] Point Youth Baseball tonight. Um, the

[4:00:21] previous president who pretty much made

[4:00:23] that place what it is, Dana Kiss League.

[4:00:26] Um, not to take away from anybody else,

[4:00:28] but a gentleman that puted his lifeblood

[4:00:29] into that place. his wife suffered uh a

[4:00:33] stroke and an aneurysm a couple weeks

[4:00:34] ago. Um and just calling for anybody

[4:00:37] that feels led to pray for them because

[4:00:39] that works. And um God bless you,

[4:00:41] Stephanie.

[4:00:43] >> Thank you, sir. Mayor Pro Tim.

[4:00:45] >> Second on Miss Stephanie. Um I have not

[4:00:47] turned in my list of meetings. Uh I will

[4:00:50] get that to you shortly, Miss Shaina.

[4:00:52] And uh nothing to report.

[4:00:55] I um have also turned in my list of

[4:00:58] meetings and I attend Cal Cities on our

[4:01:01] behalf last week. Um it was an

[4:01:04] interesting discussion. And I had was on

[4:01:06] a panel with uh the uh council member

[4:01:10] from Long Beach and another one from uh

[4:01:12] Coronado uh talking about all the damage

[4:01:15] that has happened uh to the city both

[4:01:17] county w county owned properties and

[4:01:19] city owned properties uh throughout Dana

[4:01:22] Point and all the way from Malibu all

[4:01:24] the way down to Imperial City. So um it

[4:01:29] uh was fascinating conversation.

[4:01:30] Everybody's struggling with the same

[4:01:32] thing. Uh the sand replenishment, sand

[4:01:35] uh management issues big for all of us.

[4:01:37] So that they uh there's no solutions

[4:01:40] right now. Coastal commission

[4:01:42] commissioner that was there, they're

[4:01:43] certainly listening and are receptive to ideas. So um I'm sure there'll be a

[4:01:50] lot more discussions about that over the

[4:01:51] next several years. Uh with that, we've

[4:01:54] got a couple things happening here in

[4:01:55] the next two weeks. Uh, one is the

[4:01:56] trolley art and history tour that uh,

[4:01:59] our arts ambassadors brought up earlier.

[4:02:01] And then on the 15th, we have our H2O

[4:02:04] for HOA's a Bell Tower Regional

[4:02:07] Community Center in Rancho Santa

[4:02:09] Margarita. Did I say that right? Okay.

[4:02:13] We'll talk about the stuff after on the

[4:02:15] through the end of the month for

[4:02:16] Halloween next uh at next meeting. But

[4:02:20] uh I've been asked uh one of our Dana

[4:02:23] Point artists Christopher

[4:02:26] Pachara passed away in August. He

[4:02:29] created several pieces of art here in

[4:02:30] the city, a bronze stat or sculpture of

[4:02:32] an eagle and shield at the Veterans

[4:02:35] Memorial Park and the Strands. A

[4:02:36] sculpture depicting a sailor at sea on

[4:02:38] the tall ship pilgrim and the ocean

[4:02:40] institute. an open book bronze sculpture

[4:02:44] showcasing Doris Walker's homeport of ro

[4:02:47] for romance in heritage park and a mural

[4:02:49] at the nature interpretive center

[4:02:51] depicting a historical scene of the

[4:02:54] headlands and we were fortunate to have

[4:02:56] several artworks from Christopher in our

[4:02:58] city. So with that uh we will say a

[4:03:01] prayer to all of his family uh and

[4:03:03] Stephanie as well uh for uh for all of

[4:03:08] us with that staff reports.

[4:03:13] Uh, nothing to report tonight. Thank

[4:03:15] you.

[4:03:16] >> Thank you.

[4:03:16] >> I have nothing as well.

[4:03:17] >> Thank you, sir. Thank you, ma'am. So, we

[4:03:20] will adjourn the next regular meeting of

[4:03:22] the city council will be on Octo October

[4:03:24] 20th at 5:00 p.m. in the city chambers

[4:03:27] at 33282 Golden Lantern in Sweet 210 in

[4:03:30] Dana Point. We're adjourned.

City Council Meeting: October 6, 2026

Transcript