May 29, 2020

LO C A L

N EWS

May 29-June 4, 2020 YO U

C A N

U S E

CIF-SS Changes Football Divisions, Assesses Fall Options PAGE 11 VOLUME 13, ISSUE 22

Assembly Investigation Concludes

Brough Penalized for Allegedly Leveraging Political Help for Sexual Favors —Which He Denies E Y E O N D P/ PAG E 4

Assemblymember Bill Brough formerly served on Dana Point City Council before going on to serve three terms in the California Assembly.

One allegation against him dates to 2011 while on city council—an accusation which he denies. Photo: Lillian Boyd

Experts See Rise in Cancer Cases Among Sea Lions EYE ON DP/PAGE 5

Why It’s Important to Support Local Surf Businesses SURF/PAGE 14

danapointtimes.com

City Offers Temporary Permit to Assist Restaurants Reopening GETTING OUT/PAGE 8

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Dana Dana Point Point

LOCAL NEWS & IN-DEPTH REPORTING

What’s Up With...

Five things Dana Point should know this week County Officials Will Dole Out $75 Million to Businesses THE LATEST: The Orange County Board of Supervisors voted on Tuesday, May 19, to allocate $75 million in federal CARES Act funding to support local businesses, directing staff to come back with clear definitions for qualifying small businesses and options for funding uses.

However, during the Tuesday, May 26 meeting, supervisors could not agree on how to get the money to small businesses.

As a direct result, the $75 million will be split equally between districts. In districts represented by Chairperson Michelle Steel and Supervisor Don Wagner, the $15 million will be given directly to each city within the districts.

In districts represented by Supervisors Doug Chafee, Andrew Do and Lisa Bartlett—who represents Dana Point— the $15 million will be administered by a third party.

“We all want to help small businesses, and we all have a slightly different approach to get there,” Bartlett said during discussion. “We all want to extend that lifeline out there. . . . I want to be able to sustain these businesses for the long term.”

Bartlett posed the idea of working with an independent administrator to leverage money on an individual business basis.

The $75 million comes out of the $554 million that Orange County received from the CARES Act, also known as the coronavirus relief bill. The funding has gone toward testing and personal protective equipment such as medical grade masks and gloves for first responders and health care officials.

WHAT’S NEXT: “We can set this up a number of different ways through the banking system,” Bartlett said, adding that she would work with banks to offer loans and lines of credit to businesses in the Fifth District.

At press time, it was unclear when and how businesses will be eligible. The board will meet next on Tuesday, June 2, at 9:30 a.m.—Lillian Boyd Dana Point Times May 29-June 4, 2020

After the Orange County Board of Supervisors voted to allocate and evenly split $75 million between the five districts to support small businesses, Supervisor Lisa Bartlett says she would like to work with an administrator such as a bank to dole out loans or lines of credit to qualifying businesses. Photo: File/Lillian Boyd

City of Dana Point Opens City Hall with Restrictions THE LATEST: Dana Point has reopened its city hall, as of Tuesday, May 26, and has initiated return-to-work procedures for staff at city offices and facilities.

During the first two weeks, through June 5, city hall offices will be open to the public Monday through Friday from 8 a.m. to noon, with appointments for the public available from 1-4 p.m. During the return-to-work process, the city will begin returning most city staff to work within city offices and facilities.

“We are working hard to ensure that our staff, volunteers and visitors feel confident in returning to city offices and facilities.

While these changes may be challenging, they are important for everyone’s safety.

We appreciate the public’s willingness to work with us, and we look forward to continuing to serve this great city,” said Mike Killebrew, Dana Point City Manager.

The city has initiated a number of protocols, procedures, and guidelines to ensure a safe and healthy workplace for employees and the public, as well as to reduce the potential for transmission of COVID-19 in the workplace.

Dana Point has implemented a temperature screening process and guidelines for all city staff entering a city facility or preparing to be out in the field to conduct business. City staff includes its employees, contract staff, as well as volunteers assisting with city programs. Members of the public will also be required to submit to a temperature reading. This will be accommodated with a non-contact thermometer.

Visitors will also be required to wear a face covering before receiving in-person

services at any city facility.

City staff are required to practice six-foot social distancing in all areas.

Six-foot distancing floor decals are placed throughout Dana Point City Hall lobbies and on the outside deck area where members of the public will wait until they can be assisted. Each lobby area and conference room has reduced maximum capacities that are posted.

In Community Development, a table will be placed by the lobby door where visitors can sign in. From that point, visitors will remain in the marked areas for social distancing and wait until they receive a text notification confirming it is their turn to enter. A maximum of four members of the public will be permitted into the lobby at one time, one at each designated public counter work area, and will be required to maintain six-foot social distancing. Plexiglass guards are installed at each public counter to further protect staff and the public.

Shared areas and public spaces, including the public counter, conference and meeting rooms, break rooms, copy rooms, restrooms and plexiglass guards are cleaned a minimum of twice daily by the city’s janitorial services.

Frequent hand washing by city staff is encouraged.—LB

CUSD Expecting Financial Impacts THE LATEST: Capistrano Unified School District (CUSD) officials are looking at a possible $35.5 million financial cut to the 2020-21 fiscal year due to the COVID-19 pandemic, according to discussions at a Board of Trustees meeting on Wednes-

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day, May 20.

CUSD officials are considering how Gov. Gavin Newsom’s budget proposals could affect CUSD. Newsom has discussed possible budget cuts due to impacts from the pandemic and called for federal aid to assist the state.

“We still have plenty of cash in the current year,” said Philippa Townsend, Assistant Superintendent, Fiscal Services, at the Board of Trustees meeting. “We’ll just have to keep an eye on what happens in the next fiscal year.”

However, cuts should be expected for the next two fiscal years and could increase, Townsend said.

Unknown factors include the likelihood of additional budget revisions once CUSD knows final tax receipts in July, whether additional federal stimulus money will arrive, what school operations will look like in the fall, the impact of student attendance, modifications to education and how long an economic recovery could take.

“We’ll also need to modify our school sites, our buses,” Townsend said. “Just everything we do will need some kind of modification to deal with this pandemic, and that will cost money.”

Trustee Martha McNicholas called the information depressing. Trustee Amy Hanacek said the situation is difficult and praised CUSD staff for how they presented the information and planned to handle the challenges.

In a separate presentation during the meeting, Kevin Gordon of Capitol Advisors Group, which provides CUSD with updates and guidance on state legislation, said recent proposed funding from Newsom could not adequately facilitate education and reopening of schools.

State legislators have articulated concerns from educators, Gordon said.

Educational advocates will ask for flexibility on several aspects, including not being penalized for failing to meet student attendance benchmarks, given concerned parents might not send their kids to school or a school possibly being shut down if a student contracts the virus.

Board President Jim Reardon asked about the level of consensus that everything will be sorted out among state officials by June 15.

“There’s a high level of confidence they will get that done,” Gordon said. “Part of it is they normally do a drill between May 15 and June 15 that involves a number of different hearings.”

The budget adopted by June 15 may not include cuts as severe as the one currently presented, Gordon said.

Other people involved in education have spoken of expected impacts to education under Newsom’s proposed budget. The Education Coalition, comprised of nine statewide K-12 education associations that (Cont. on page 4) danapointtimes.com

EYE ON DP (Cont. from page 3) advocate for California students, issued a statement saying schools and colleges cannot physically reopen safely with the funding level proposed in the May revision.

“Preparing each classroom, library, gym, lunchroom, and school bus for the safe return of students, teachers, and staff will require significant resources and planning. This will not be feasible, even after public health officials provide guidance and clearance, given the additional staff needed and associated increased costs,” the statement said. “Students, teachers, and staff will need the support of counselors and nurses at each site to care for those who fall ill during the school day and those overwhelmed with the emotional aftermath. We understand the severity of the drastic decrease in revenues, but that cannot interfere with prioritizing equity by providing resources for all students.”

WHAT’S NEXT: Plans for what CUSD education could look like in the fall are expected to be discussed at a June 17 meeting.

The May 20 meeting was the last one for Student Advisor Genavieve Koenigshofer.—Collin Breaux

Dana Point Company Launches Worldwide Push to Aid with Starvation Caused by COVID-19 THE LATEST: One ATTA Time (ATTA), a Dana Point business, has launched a worldwide crusade to quickly get food to starving families.

“The COVID-19 pandemic has caused starvation among families in many countries around the world, and experts tell us we are beginning to see starvation of epic proportions,” says Sean Kappauf, Executive Director for ATTA. ATTA aims to bring healing to children and families around the world by providing food for those starving due to the COVID-19 pandemic and clean water to heal those with preventable illnesses caused by waterborne diseases. ATTA is taking food and water filtration to the corners of the world that are in desperate need, Kappauf said.

As a nonprofit, ATTA is continually responding to needs worldwide and is now reaching out to existing partners and new donors to meet the great demand to help children and families who are starving.

The communities ATTA typically serves with clean water are facing starvation due to food supply chains breaking down.

People in communities in remote areas have not been able to work because of shelter-in-place requirements, and now they have no access to food, according to Dana Point Times May 29-June 4, 2020

Assemblymember Bill Brough, whose district includes Dana Point, will no longer serve on Assembly committees and will have to undergo therapy after an investigation found that he violated workplace conduct rules. Photo: File

Kappauf. So far, ATTA has helped starving families in Uganda, El Salvador, Colombia and Honduras.

“You can see starvation and need, even in places where there was not before,” Kappauf said. “For example, in the middle class. Conditions have changed because people cannot go out to make a living, and this starts a social and economic problem because people have no money to cover their responsibilities (food, bills, rent). That’s when the conflict starts. The majority of us work to eat. It’s a daily thing.

Without work, we cannot eat.”

WHAT’S NEXT: To learn more about the initiative or to help the cause, visit oneattatime.org/food-for-families.—LB

Assembly Investigators Determine Brough Offered Political Help for Sexual Favors THE LATEST: Assemblymember Bill Brough has been removed from his positions on California Assembly committees after an investigation was conducted by the state Legislature’s Workplace Conduct Unit, concluding that Brough would provide “political help” in exchange for sexual favors.

According to documents released by Assembly Speaker Anthony Rendon’s office, the unit found that Brough had insinuated he would provide political help if an accuser went back to his apartment with him.

In a separate complaint, the unit found that Brough had placed his hand on the small of an accuser’s back and told the accuser he did not live far away from the bar they were in. “Come on, you know you need to party,” Brough is alleged to have said.

The conclusion of the investigation comes after Brough previously had faced multiple allegations of sexual misconduct and misuse of campaign finance. On Wednesday, May 27, Brough released a statement asserting his disagreement with how the investigation was conducted.

“I was notified today that the Assembly Workplace Conduct Unit (WCU) determined that I violated the Legislature’s policy on appropriate workplace conduct,” Brough states. “I disagree with the findings and the politically motivated process.

I do not believe the WCU did a complete and fair investigation; they completely dismissed many of the collaborated, factual elements.”

Brough, a Republican representing the 73rd District, contends that the investigation was flawed and that the unit dis-

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missed many of the collaborated elements.

He says he will consider pursuing legal options.

“Interestingly, somehow, people within Orange County political circles already knew the pending decision before it was even released to me,” Brough said. “It is unfortunate that this has become a very politically driven, weaponized process, which will have negative ramifications for not only those that are falsely accused, but for those with legitimate claims as well.”

While complaints against Brough go back about a decade, sexual misconduct accusations resurfaced in June 2019 when Orange County Supervisor Lisa Bartlett had urged the Republican Party of Orange County not to endorse Brough.

She referenced a 2011 incident in which Bartlett allegedly had to wriggle away from Brough’s grasp at a retirement party.

Multiple accusers followed suit and came forward with additional allegations—all of which Brough has denied.

In August 2019, the California Ethics Commission announced it would investigate Brough’s alleged misuse of campaign funds totaling $200,000. He was accused of spending campaign contributions to pay his family’s cell phone bill, as well as take a personal trip to a Boston Red Sox game, among other personal expenditures. That investigation is still underway.

The Workplace Conduct Unit was established in January 2019 and tasked with receiving all reports alleging workplace conduct violations that affect protected groups in the California Senate and Assembly. The unit is responsible for assuring independent and confidential investigations of allegations and summarizing the evidence for a panel to review.

Brough had hoped to serve for a fourth term. But he came in fourth place out of five candidates in the California March Primary, disqualifying him from appearing on the November ballot, after serving three terms in the 73rd seat. Republican Laurie Davies, Mayor of Laguna Niguel, and Democrat Scott Rhinehart, who formerly worked as a real estate broker, will move on to the General Election.

The primary results reflected a major shift in Orange County politics. In the 2016 primary election, Brough took 99% of the vote, with his only opponent being a write-in candidate.

Brough is expected to complete his third term but has been removed from the committees he has served on, which include Business & Professions, Revenue & Taxation, Appropriations, Budget, Communications & Conveyance, Governmental Organization and Veterans Affairs.

“I categorically deny harassing or offering political favors to anyone. I will take the recommended training,” Brough said.

“I also want to apologize to my family, friends and supporters for putting them through this unfair process. We are looking at legal options.”—LB danapointtimes.com

EYE ON DP

NEWS BITES

A person who is diagnosed with or likely to have COVID-19 is considered infectious from 48 hours before his or her symptoms first appeared until the person is no longer required to be isolated.

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Viral-Induced Cancer Found in Sea Lions in Orange County Over the past two weeks, experts with the Pacific Marine Mammal Center (PMMC) have seen a series of unusual health issues in marine mammals off the Orange County coastline.

Most notably, PMMC rescued two female adult sea lions with urogenital carcinoma. Urogenital carcinoma is a viralinduced cancer that is highly aggressive and most often fatal. Previously, this cancer has not often been recognized in sea lions in Orange County.

"This type of cancer is unique to sea lions and is thought to be caused by a virus that invades the animal's tissues combined with exposure to environmental pollutants," stated Dr. Hendrik Nollens, Vice President of Conservation Medicine and Science for PMMC. "In conjunction with the National Oceanic and Atmospheric Administration and other subject matter specialists, including the Sea Lion Cancer Consortium, we are working to provide samples and perform research that will aid in a better understanding of this disease."

These cancer cases come during the time of year when PMMC experiences its highest level of marine mammal rescue cases. Annually, PMMC provides care for hundreds of marine mammals, including seals, sea lions, dolphins and whales.

"The loss of any animal saddens all of us committed to marine mammal health.

However, I'm extremely optimistic about the enhanced research and services we are now able to provide Southern California. These recent cancer cases highlight both PMMC's increased ability to recognize local ocean health issues and the need for additional science," said Dr. Nollens. "This region's coast is home to a wide cross-section of marine mammals. Working with NOAA and others to advance research related to this type of cancer, PMMC hopes to positively impact marine mammal health off the Orange County coastline and elsewhere."

Nollens joined PMMC three weeks ago and is leading the research and response to this and other marine mammal health and stranding events in Orange County. Nollens is a leading research scientist and veterinarian, having served marine mammals in North America, Europe and elsewhere.

Nollens received his veterinary degree from the University of Gent in Belgium, a master's degree in marine biology from the University of Otago, New Zealand, and a Ph.D. in infectious diseases of marine mammals from the University of Florida.

"I am thrilled to have Dr. Hendrik Nollens join the marine mammal stranding response Dana Point Times May 29-June 4, 2020

Dr. Hendrik Nollens examines a sea lion patient under sedation at Pacific Marine Mammal Center. Photo: Courtesy of PMMC

community on the West Coast, and welcome his experience and passion for marine mammal medicine, welfare and health research.

I look forward to working with Dr. Nollens and his team," said Dr. Frances Gulland, U.S. Marine Mammal Commissioner.

County Health Officer Issues New Order, Strong Recommendations to Help Slow the Spread of COVID-19 The Orange County health officer issued a new Health Officer’s Order and additional strong recommendations to help slow the spread of COVID-19 in Orange County on Saturday, May 23, as more businesses move toward reopening.

“The Order includes necessary preventative measures to control and reduce the spread of COVID-19 in our community and help preserve the capacity in our local health care system, which was one of the metrics the California Department of Public Health took into account before approving our plan to move deeper into Stage 2 of reopening Orange County,” said Dr. Nichole Quick, County Health Officer.

Effective at 12 a.m. on Saturday, May

23, and continuing until further notice, all county residents who have been diagnosed with or are likely to have COVID-19 shall immediately isolate themselves in their home or another residence.

This self-isolation order does not in any way restrict access by first responders to an isolation site during an emergency.

According to the order, all county residents who know that they have been in close contact, as defined below, with a person diagnosed with or likely to have COVID-19 shall take the following actions: • Quarantine themselves in their home or another residence until 14 days from the last date that they were in close contact with a person that has been diagnosed with or likely to have COVID-19.

• Exposed persons shall self-quarantine themselves for the entire 14-day COVID-19 incubation period, the typical time between exposure and when symptoms and signs of the disease may develop. They may not leave their place of quarantine except to receive necessary medical care or to obtain such other goods or services necessary for their basic subsistence.

• Close contact refers to any person who has been within six feet of an infectious COVID-19 patient for 15 minutes or more.

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All businesses that are permitted to reopen in Orange County as part of Stage 2 of the State’s Resilience Roadmap shall comply with posting requirements. Most of the State’s industry-specific requirements are listed at covid19.ca.gov/industry-guidance.

Posting shall be visible at the entrance of the business and specifically include an attestation by the business owner and/or operator that the business has performed a detailed risk assessment and implemented a site-specific protection plan; trained employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them; implemented individual control measures and screenings; implemented disinfecting protocols; and implemented physical distancing guidelines.

All Orange County residents and visitors shall wear a cloth face-covering when in a public place; visiting a retail, commercial or other place of business; or at work, and when the resident or visitor is not able to maintain at least 6 feet of physical distance from another person who is not a family/household member or live in the same living unit.

The cloth face-covering order shall not apply to children under the age of 2; anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the cloth face-covering without assistance; persons with a medical or mental health condition, or development disability that prevents wearing a cloth face-covering.

For more information and resources about COVID-19, visit ochealthinfo.com.

Free COVID-19 Testing for Essential Workers Without Access Appointments to get free COVID-19 testing are available to essential workers in San Juan Capistrano, Buena Park, Orange and Santa Ana who don’t have access to testing through their health care provider or employer.

Essential workers include first responders, social service workers, health care workers and more, and can be symptomatic or asymptomatic in order to get a PCR diagnostic test through OptumServe sites located in the mentioned cities.

To make an appointment, visit lhi.care/ covidtesting or call 1.888.634.1123. To learn more about COVID-19 and testing, visit ochealthinfo.com/covidtest.

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EDITORIAL

ART + DESIGN

Senior City Editor, DP Times Lillian Boyd

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Dana Point

VIEWS, OPINIONS AND INSIGHTS

GUEST OPINION: Dana Point ROCKS by Anthony Small

Music, Connection and Hope

I'

ve missed you, Dana Point, and I hope you’re all keeping it together and staying safe and healthy and that music and art are helping you find comfort, inspiration and even joy during this global pandemic. I’ve loved seeing the community pull together to help those in need: families, students, local businesses and others. I also urge our legislators to continue to fight for arts funding in the federal and state relief packages and beyond.

Art is a gift, but someone has to give it.

Man, I miss live music, all the gatherings and smiling faces, the special occasions and connection to family, friends and our community. I empathize with the local students missing their traditional graduation ceremonies, dances, recitals and sports seasons. My son Kyle’s graduation from UC Davis was canceled, too, as were so many special dates.

I never could’ve imagined that Allman Betts Band at The Coach House on March 7 would be my last concert attended (thus

far) in 2020, or that my band Small World’s April 25 show at the Swallow’s Inn would be canceled, as would the City of Dana Point Arts and Culture Commission meetings and Music Preserves Foundation’s April Coffee Chat with Dana Point Civic Association.

I want to encourage others, give hope and help share unique perspectives through art, music and cultural history. Capistrano Unified School District asked me to help create distance learning enhancement programs for students, and what an incredible experience it’s been. Our “Music Preserves Artist Spotlight” series inspires CUSD music students by DANA POINT giving them the unique ROCKS

By Anthony Small perspective of a professional musician, much like our Music Preserves Student Backstage Experience at Ohana Festival and Doheny Music Festival.

All four Music Preserves Foundation “Artist Spotlight” episodes are available on CUSD’s Facebook and Instagram accounts.

Corey McCormick of Lukas Nelson and Promise of the Real, Jason Feddy, Larry Bagby (Walk the Line, Hocus Pocus) and Jade Jackson, a rising star produced by legendary Social Distortion frontman Mike Ness, all share their songs and inspiring, heartfelt stories from their musical journeys.

We also spotlight music videos by CUSD

students Molly Bergman, Jasmine Seveah, Peyton Goss and the Tesoro High School Choir. It’s amazing to see the students express themselves through music and share their feelings of COVID-19 related isolation, anxiety, and ultimately, hope. Hope for a future with more love and less fear.

Music Preserves Foundation is also transforming our innovative American Music History classroom program into an interactive online curriculum that will be available in the fall of 2020. Go to musicpreserves. org/curriculum for more info.

Personally, I also had the chance to do a weekly sing-along program, “Anthony and the Smalltones,” for preschool and elementary school students. We feature classic children’s songs such as “Wheels on the Bus,” “Hokey Pokey” and even a country-tinged “Mary Had a Little Lamb.” All eight episodes are also available on CUSD’s social media, under their videos tab. It’s always so fulfilling to connect with our community, but these days, I’m especially grateful for that opportunity.

Anthony Small is the Executive Director of Music Preserves Foundation, the 2019 Chairman of the City of Dana Point Arts and Culture Commission and a singer-songwriter. Small and his family have lived in Dana Point for 22 years. DP

gency” in the Act means “a (. . .) crippling activity, or other activity that severely impairs public health, public safety or both.”

To be sure, there were rowdy protests in Huntington Beach, but we didn’t see any “acts of civil disobedience” (which isn’t the test, anyway) in Dana Point.

And what is the threat to public safety of protesters asserting their First Amendment rights, in support of the very arguments advanced by our council majority caucus? And if there was really going to be a riot, why not close streets and call in extra police resources rather than sue the governor?

The Brown Act requires that as a rule, councils should not hold a closed session in an emergency meeting. Sensitive or embarrassing matters do not justify a closed session unless authorized by a specific exception. There is a “pending litigation exception” allowing the council to consult its lawyer in private where “discussion in open session would prejudice the agency in the litigation.”

Just as disturbing is why it was not disclosed that Councilmember Joe Muller was simultaneously bringing an action for judicial review “in his personal capacity.”

A lawsuit from the city could add a veneer of civic legitimacy to what many residents view as a naked political stunt.

In matters of public health, a governor

has broad statutory powers to issue emergency orders which the courts are required to uphold unless they lack any real relation to public health. As Judge Scott observed, Governor Newsom’s stay-at-home order has repeatedly survived constitutional attacks in federal and state courts—most of them brought by Muller’s lawyer.

We are now told that the city attorney offered to waive his firm’s fees. It would be interesting to know if this was in the meeting, or only after the judge threw out the TRO application and made it clear the main case stood no chance, either.

The closet circumstances of this highly unusual emergency meeting, as well as the hopeless nature of the failed lawsuits, underline the need for public scrutiny of this whole bizarre episode.

PLEASE NOTE: In an effort to provide our readers with a wide variety of opinions from our community, the DP Times provides Guest Opinion opportunities in which selected columnists’ opinions are shared. The opinions expressed in these columns are entirely those of the columnist alone and do not reflect those of the DP Times or Picket Fence Media. If you would like to respond to this column, please email us at editorial@danapointtimes.com

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Sports Editor Zach Cavanagh

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Dana Point Times, Vol. 13, Issue 22. The DP Times (danapointtimes.com) is published weekly by Picket Fence Media, publishers of the SC Times (sanclementetimes.com) and The Capistrano Dispatch (thecapistranodispatch.com). Copyright: No articles, illustrations, photographs or other editorial matter or advertisements herein may be reproduced without written permission of the publisher. The publisher assumes no responsibility for return of unsolicited manuscripts, art, photos or negatives. Copyright 2020. All rights reserved.

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Dana Point Times May 29-June 4, 2020

Letters to The Editor A NEED FOR PUBLIC SCRUTINY, JULIAN JOSHUA, Dana Point

The peremptory dismissal by Judge Nathan Scott of the city’s “ex parte” application for a Temporary Restraining Order (TRO) to stop the Beach Closure Order leaves many questions still unanswered, as regards both the city council’s bizarre closed session “Emergency Meeting” and the legal merits of the case itself.

The city attorney’s assertion in DP Times that the secret meeting was “in the spirit of the Brown Act” fails the laugh test. The Brown Act—also known as the Open Meetings Act—is intended to ensure transparency, not secrecy. The cryptic agenda for the meeting paid lip service to the letter of the Brown Act by referencing the relevant sections of the Government Code on exceptional situations, but it was a million miles away from its spirit.

He also claimed that the act defines “emergency” as “threatened disruption to public services” and hinted at potential disruption by protesters. In fact, “Emer-

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LETTERS TO THE EDITOR POLICY

Have something you’d like to say? Email your letter to lboyd@picketfencemedia.com no later than 8 a.m. on Monday morning.

Dana Point Times reserves the right to edit reader-submitted letters for length and is not responsible for the claims made or information written by the writers. Limit your letters to 350 words or less. Please send with your valid email, phone number and address for verification by staff. Your address and phone number will not be published. danapointtimes.com

DP GETTING OUT Dana Point

YOUR SEVEN-DAY EVENT PLANNER

Jack Loconsolo, owner of Jack’s Restaurant & Bar, worked with City of Dana Point to secure a permit in order to reopen. After state approval, Loconsolo is able to invite customers back for dine-in drink and food options on Friday, May 29. Photo: Zach Cavanagh

Dana Point City Officials Announce Temporary Permit for Restaurants to Reopen

BY LILLIAN BOYD, DANA POINT TIMES

The City of Dana Point has announced a new temporary permit for local restaurants to help facilitate a safe, clean environment for workers and customers in compliance with the state’s COVID-19 guidance for business.

The intent of this temporary permit is to enable businesses to reopen with the ability to modify operations but to also ensure compatibility with the community, according to Brenda Wisneski, Community Development Director for the city. Specifically, the temporary outdoor operating permit allows for outdoor seating on private property, in a private parking area, and/or in public right-of-way.

“This health crisis has been devastating to so many of our local businesses, especially our restaurants,” said Wisneski.

“Many of them are anxious to reopen and Dana Point Times May 29-June 4, 2020

want to comply with statewide guidance to effectively reduce health risks. Our intent is to do what we can to help our businesses to comply with the guidelines and open in a way that ensures a safe environment for the community.”

For Jack Loconsolo, owner of Jack’s Restaurant & Bar in Dana Point, the permit is a welcome modification.

“We immediately converted to curbside service in mid-March to serve customers and keep our staff employed,” Loconsolo said. “Since that time, the support from the local Dana Point community has been tremendous. While we are anxious to bring customers back to the restaurant, we know that they will be much more comfortable in an outdoor environment that allows for fresh air and greater social distancing.”

Loconsolo says he’s had similar setups with beer gardens and special events in the

past, and he thinks that it will help bring the Lantern District to life. He added that the permit also helps to offset the reduction in seating to meet the new guidelines.

After Loconsolo secured state approval for reopening, Jack’s Restaurant & Bar will reopen on Friday, May 29. For the latest updates on hours and specials, customers can sign up for an email program at jacksdp.com.

City staff will evaluate any impacts that arise to the surrounding community. Once outdoor service is completed for the day, furniture will be brought indoors and/or secured on the property. The outdoor area must also be kept tidy from blowing trash.

Staff will continue to monitor operations and provide modifications as needed.

Applications are available online, as well as through the Dana Point Chamber of Commerce. DP

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Retail Roundup: What’s Open?

With retail shops now allowed to reopen with modifications and restrictions under the state’s Stage 2 reopening plan, Dana Point Times compiled a list of the area’s retailers that are open for delivery and pickup services.

Staff is asking for any other retail shops to reach out, letting us know you’re open so we can add to the list. Please contact City Editor Lillian Boyd at lboyd@picketfencemedia.com and Sports Editor Zach Cavanagh at zcavanagh@picketfencemedia.com for inclusion. This info is subject to change during the pandemic.

The list will be available at danapointtimes.com.

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DP

Dana Point Point Dana

DP LIVING

PROFILES OF OUR COMMUNITY

GUEST OPINION: Life’s a Beach

by Shelley Murphy

COVID-19: Pondering the Pandemic

I’

ve been thinking a great deal—OK, worrying a lot—about what the world will look like after the coronavirus pandemic.

I realize we’ll be living amid this virus for the foreseeable future, but as we move toward the post COVID-19 era, I ponder the pandemic’s lasting effect on our day-to-day lives.

No one really knows the extent of the aftermath, yet some are prophesying the unprecedented time ahead.

I think Yogi Berra, one of the greatest catchers in baseball history and one of the wittiest, said it best: “It’s tough to make predictions, especially about the future.”

As we begin moving forward, I’m contemplating my time in quarantine.

My silver lining amidst despair is that for the first time in years, I’m living under the same roof with both of my boys.

My younger son moved LIFE’S A BEACH home last summer. His

By Shelley Murphy temporary stay began after he graduated from college and leapt into law school. My older son’s spontaneous weekend visit in March has morphed into an endless excursion.

A few months ago, I never thought I’d commemorate this Mother’s Day with both of my boys. In recent years, I grew accustomed to spending the holiday by attending an Angels baseball game with one of my two sons, but rarely both.

Most of us moms can agree that in the century since President Woodrow Wilson signed the proclamation making Mother’s Day a national holiday, Sunday, May 10, 2020 tops the short list of extraordinary celebrations.

My sons joined forces and formulated a plan to differentiate the second Sunday in May from an otherwise unrecognizable calendar.

They picked up takeout from one of my favorite local restaurants and, against their wills, participated in an afternoon Scrabble tournament.

While I’m grateful for the unexpected opportunity to shelter-in-place with my adult children, I do wish the circumstances were different.

I’m treasuring our moments together, but admit, at times, our crowded abode becomes a bit contentious.

Recently, my older son announced we’d marked day 67 of togetherness in our bunker. I asked him to check his math, certain he’d forgotten a third digit.

Last week, our asylum faced turbulent times, when the pandemic threw us a couple of curveballs. First, my husband narrowly avoided stepping barefoot on a baby rattlesnake in our backyard.

Then, the upstairs bathroom that my three millennial roommates share sprung a leak, and water gushed downstairs into our garage, thus instigating an impromptu remodel. Years from now, I hope I don’t regret my hurried decorating decisions made online.

I’m struggling to picture what both my bathroom and life will look like years from today.

Before COVID-19, I thought I had an idea of what the approaching future held for me and my family. But the recent projections for post-pandemic life are proving problematic.

Indeed, the health and economic consequences of the coronavirus are the foremost concerns, but the virus also wreaks havoc on the calendar’s milestone moments.

In a period of a few short weeks, the celebrations our family carefully had planned

Every week, the Dana Point Times will showcase a historical photo from around the city. If you have a photo you would like to submit for consideration, send the photo, your name for cred, as well as the date and location of the photo to lboyd@picketfencemedia.com.

crumbled under the weight of COVID-19.

Next month, my husband and I anticipated boarding airplanes, trains, and ships throughout Europe to celebrate a special anniversary—but our bucket list trip is canceled.

In July, my older son thought he’d be gambling alongside friends enjoying a weekend bachelor party—but the wedding venue shuttered, and the engaged couple is considering a courthouse ceremony.

My younger son, after finishing his first year of law school, planned to mark the achievement in Nashville with friends—but his plans are now indefinitely postponed.

I try to envision what the future holds, but my mind can’t grasp the fallout from this

watershed moment in modern human history.

I hope that when we’re on the other side of this pandemic, the world can return to normalcy, whatever that may look like.

Perhaps, the great Yogi Berra summed it up best: “The future ain’t what it used to be.”

For more than 20 years, Shelley Murphy and her husband have lived in San Clemente, where she raised her two sons. She’s a freelance writer and has been a contributor to the San Clemente Times since 2006. DP PLEASE NOTE: In an effort to provide our readers with a wide variety of opinions from our community, Dana Point Times provides Guest Opinion opportunities in which selected columnists’ opinions are shared. The opinions expressed in these columns are entirely those of the columnist alone and do not reflect those of the Dana Point Times or Picket Fence Media. If you would like to respond to this column, please email us at editorial@danapointtimes.com

BY MYLES MELLOR

Each Sudoku puzzle consists of a 9x9 grid that has been subdivided into nine smaller grids of 3x3 squares. To solve the puzzle, each row, column and box must contain each of the numbers 1 to 9.

Puzzles come in three grades: easy, medium and difficult. Level: Medium Last week’s solution:

DANA POINT TIMES

F

Dana Point Times May 29-June 4, 2020

FROM THE ARCHIVES This photo was taken of Allan Seymour in front of his home in Capistrano Beach in 1976.

Sudoku

Adoptable Pet of the Week: Woody ive-month-old Woody is quite the little charmer. With his good looks and lovable personality, he’s quick to win you over. Woody loves to snuggle and enjoys being brushed. This lap cat-in-training would make a fun addition to just about any home. ctive home with experienced owners.

If you are interested in adopting Woody, please visit petprojectfoundation.org/adoptions/adoptadog to download an adoption application form. Completed forms can be emailed to animalservices@scdpanimalshel-

Photo: OC Public Libraries

Woody. Photo: Courtesy of San Clemente/Dana Point Animal Shelter

ter.org, and you will be contacted about making an interaction appointment. DP

Page 10

See the solution in next week’s issue.

danapointtimes.com

DP SPORTS & OUTDOORS Dana Point

STORIES, SCORES, SCHEDULES AND MORE

Changes Coming CIF-SS approves new football playoff division system, keeps fall options open

BY ZACH CAVANAGH, DANA POINT TIMES

Despite the lingering question of whether there will be a high school football season this fall, one thing answered by the CIFSouthern Section Council is that when football does return, it will come with another new playoff system.

With the proposal approved by an 80-4-6 vote in council’s meeting on Thursday, May 21, CIF-SS football playoff teams will now be sorted into playoff divisions after the season, based on season power rankings at that time.

Over the past four seasons, CIF-SS football had operated by a competitive equity power rankings system that slotted teams into divisions before the season based on data from the previous two seasons. For many years prior to the 2016 change, playoff divisions had been created according to leagues, geography and school enrollment.

Beginning with the next football season, CIF-SS will use power rankings from CalPreps.com to slot all automatic qualifiers and possible at-large entries in the 14 divisions.

For example, there were 178 automatic qualifiers for the 2019 playoffs, which means across the 14 divisions, there would be 12 or 13 automatic qualifiers assigned to each division. At-large teams ranked between the first and 12th or 13th automatic qualifiers in each division would then be selected to fill out each 16-team bracket.

The 16 teams in each division would then be seeded according to their ranking, no matter their representative league or league finish.

If league rivals such as Dana Hills and Laguna Hills, who both move from the Sea View League to the Pacific Coast League this season for football, are slotted to play each other in the first round based on seedings, they will. If a league champion is a lowerseeded team in the first round, it will not receive home-field advantage.

These are changes from previous CIF-SS rules, which prevented league rivals from playing in the first round and awarded home field in the first round to league champions.

When do teams actually get to put this system to the test? That’s the biggest decision for CIF-SS going forward, as they try to figure out when to resume high school athletics.

“All options for Fall, Winter and Spring Sports are being considered and are on the Dana Point Times May 29-June 4, 2020

table,” CIF-SS commissioner Rob Wigod said in his section update. “We want to give every consideration we can to be able to provide all three seasons of sport to our member schools and all our stakeholders that are viable, meaningful and include championship competition. We do not want to rush to judgment in either direction by canceling seasons of sport prematurely or having sports return before it is safe for them to do so.

“With that in mind, we will continue to stay current on this ever-changing situation and do everything we can to assist our member schools in restoring education-based athletic programs when the time is right.”

Wigod said that any decision to bring back athletics will not come until after schools have reopened. Individual schools and districts will make their own decisions on reopening and about when they will restart athletic programs after those reopenings.

The CIF-SS will need enough schools to reopen and restart their programs before any section-organized competition can begin.

“Once we have enough schools reopen,” Wigod said in his update, “and their athletic programs are back on campus, we can establish a calendar for CIF-Southern Section regular season and championship competition. Right now, the original calendar we have already published for Fall Sports is still in place, but we have been working on several possible scenarios when we would have to move that calendar back for Fall Sports to start later, if developments warrant it.

Despite a historic 6-0 start in 2019, Dana Hills High football eventually finished just outside the CIF-SS playoffs. A change to the divisional system might allow the Dolphins a road back to the playoffs, if or when the fall season begins.

Photos: Alan Gibby/Zone57

“That is going to be our organization’s biggest challenge, in a section as large as ours with 563 member high schools. . . . There are all kinds of potential calendars ready to go, but until we have enough schools and athletic programs back in place, none of those calendars are realistic, nor can they be implemented.”

In the May 21 meeting, the CIF-SS Council also approved an exemption for Sunday cheer competitions, in a 46-39-5 vote. CIFSS by-laws previously forbade any activity on Sunday, but as the national cheerleading championships are held on a Sunday, cheer representatives pushed for the one exemption.

The CIF-SS Council approved a change to swimming playoff divisions, as well. Swim teams will now be placed in divisions based on NISCA power points, which was the second of two proposals presented. The first proposal was voted down, 82-3-5, before the

Page 11

approved proposal won, 77-7-6.

The Council also passed the state and CIF-SS budgets, by votes of 84-1-2 and 90-10, respectively. The lone dissenting vote on both came from the Trinity League representative.

CIF-SS ACADEMIC AWARDS

Dana Hills had three teams earn honors in the 34th annual CIF-SS Academic Awards program.

To be considered for the awards in 26 team sports, teams must have at least five student-athletes with a minimum of a 3.0 grade-point average for the first semester of the school year.

Three Dolphin teams earned honorable mentions in their respective enrollment sizes.

Dana Hills girls cross country posted a 3.64 GPA, Dana Hills girls water polo had a 3.63 GPA, and Dana Hills boys basketball maintained a 3.55 GPA. DP danapointtimes.com

PUBLIC NOTICES PUBLIC NOTICE

PUBLIC NOTICE

FICTITIOUS BUSINESS NAME STATEMENT 20206573799 The following person(s) is (are) doing business as: MELIUS INVESTMENTS 45 WESTGATE LAGUNA NIGUEL, CA 92677 Full Name of Registrant(s): MIGMIR, LLC 45 WESTGATE LAGUNA NIGUEL, CA 92677 This business is conducted by a DE limited liability company.

The registrant commenced to transact business under the fictitious business name or names listed above on: N/A. /s/MIGMIR, LLC/TIMOTHY MULLANEY/ PRESIDENT This statement was filed with the County Clerk of Orange County on 05/11/2020.

Published in: Dana Point Times MAY 22, 29, JUNE 5, 12, 2020

FICTITIOUS BUSINESS NAME STATEMENT 20206573084 The following person(s) is (are) doing business as: DEEPBLUEWATER INC 24612 PRISCILLA DR DANA POINT CA 92629 Full Name of Registrant(s): DEEPBLUEWATER INC 24612 PRISCILLA DR DANA POINT CA 92629 This business is conducted by a CA Corporation.

The registrant commenced to transact business under the fictitious business name or names listed above on: N/A. /s/DEEPBLUEWATER INC/JONATHAN BRICK/ CHIEF EXECUTIVE OFFICER This statement was filed with the County Clerk of Orange County on 04/28/2020.

Published in: Dana Point Times May 15, 22, 29, June 5, 2020

Complete your required legal or public notice advertising in the Dana Point Times.

• Fictitious Business Notice (FBN/DBA) • Name Changes • Lien Sale • Alcoholic Beverage License • Petitions for Probate • Trustee Sale ...and more

EMAIL CALL

legals@picketfencemedia.com 949.388.7700, ext. 100

LOCALS ONLY

BUSINESS LISTINGS ADDICTION RECOVERY TREATMENT

Body Mind Spirit Intensive Outpatient Program 665 Camino De Los Mares, Ste. 104, San Clemente, 949.485.4979, info@bodymindspiritiop.com, www.bodymindspiritiop.com

AUTO REPAIR

Dana Point Auto

34342 Coast Hwy., Unit B, 949.496.1086

CAFE - DELI

Coffee Importers Espresso Bar

34531 Golden Lantern, 949.493.7773, www.coffeeimporters.com

COFFEE SHOP

Coffee Importers Espresso Bar

34531 Golden Lantern, 949.493.7773, www.coffeeimporters.com

ICE CREAM

Coffee Importers Scoop Deck

34531 Golden Lantern, 949.493.7773, www.coffeeimporters.com

INSURANCE SERVICES

State Farm/Elaine LaVine

34080 Golden Lantern, 949.240.8944, www.elainelavine.net

MASSAGE THERAPY

Paul Svoboda CAMTC #76690 Monarch Beach Studio or Outcall, 310.387.2560 MUSIC INSTRUCTION

Danman’s Music School

24699 Del Prado, 949.496.6556, www.danmans.com

Yeungs Violin Studio

949.388.4038, heilingyeung@hotmail.com www.yeungsschoolofviolin.com/violinestudio

PLUMBING

A to Z Leak Detection

1001 Calle Recodo, San Clemente, 949.481.7013, www.atozleakdetection.com

Bill Metzger Plumbing

1001 Calle Recodo, San Clemente, 949.492.3558, www.billmetzerplumbing.com

UPHOLSTERY & INTERIORS

Jeddy’s Interiors

34118 Pacific Coast Highway, Ste. 2, 949.240.9569. www.jeddys.com

WANT TO BE FEATURED HERE? Email lloynes@picketfencemedia.com for pricing.

OBITUARY

DP BUSINESS DIRECTORY

DSaan n Cl a em Poenintet

Jack Charles Hirsh December 7, 2001-April 11, 2020 SCHS class of 2020

Jack was quiet, smart, funny, witty, kind, compassionate, generous, and a loyal friend to anyone who needed a friend, including those with challenges of their own.

He had a gift for bringing people together.

Jack was a man of few words. When he spoke it was like gold, was typically funny and with quick wit. He spoke and acted with love and honesty.

Jack loved being active and was happiest when working with teammates to break up a pass or defend a goal. Jack was a football and Chargers fanatic.

During his brutal 2 1/2 year cancer battle, Jack remained courageous and thoughtful of others, often expressing his appreciation and rarely complaining. He was our hero.

Jack only lived a short time, but he left an impression on many that will shape the way they live. We loved him immensely and will forever feel the pain of losing him too soon.

Jack is survived by his parents Dwight and Valerie, brother, William, extended family, and his loyal dogs Charger and Otis.

A Celebration of Life to follow.

An Endowment has been established in Jack’s honor: connect.chla.org/goto/jackhirshendowment

CLASSIFIEDS Submit your classified ad online at danapointtimes.com GARAGE SALES

GARAGE SALE LISTINGS ARE FREE! E-mail your garage sale to info@danapointtimes.com DEADLINE 5PM MONDAY. NO PHONE CALLS PLEASE.

Dana Point Times May 29-June 4, 2020

Page 13

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DP DP SURF Dana Point

SCOOP ON THE LOCAL SURF COMMUNITY

Surf Local, Shop Local

Why supporting local surfboard builders and surf shops is more important than ever

BY JAKE HOWARD, DANA POINT TIMES

O

ver the past few months, I’ve heard more than one story of a surfer spending their COVID-19 relief money from the government on a new surfboard. Makes sense; when it comes to mental health, a surfboard is pretty much an essential item right now.

As businesses in the area begin to reopen and we get ready for what’s sure to be one of the weirder summers in memory, please do everything you can to support the local surf shops, board builders and brands when it comes to picking up a new board or other gear for the beach.

They’ve been the cornerstone of our surf community for generations and could use your help now, more than ever.

As far as surfboards go, consider that every board that’s made locally helps support not just the shaper, but a whole staff of talented craftsmen. From the glassers, to the sanders, to the kid working behind the counter in the shop, all of their jobs are more secure when you buy a board that’s built by the people in your neighborhood.

“I’ve got all my guys here, they’re all really good at what they do, and that helps us maintain our level of quality,” says San Clemente shaper Timmy Patterson.

Since Grubby Clark and Hobie Alter conspired to create the first foam surf-

The original Hobie Surf Shop on Pacific Coast Highway in Dana Point, circa early 1960s. Photo: Courtesy of Dick Metz/SHACC

boards back in the late 1950s, this area has long been a hotbed for talented surfboard builders. Patterson’s father and uncles were among the first to work in the noteworthy Hobie factory.

Luminaries such as Phil Edwards, Joey Cabell, Corky Carroll, Mickey Munoz, Mike Hynson, Dick Brewer, Terry Martin, Herbie Fletcher and Joyce Hoffman picked up a planer there at one time or another, as well.

It’s also where Timmy first learned to fix dings, foil fins and shape.

But Hobie was responsible for more than just surfboards; he was also a pioneer in surf retail. After shaping his first 99 surfboards at his parents’ home in Laguna Beach, in 1954, Hobie’s dad spent $1,500 on a Pacific Coast Highway property in Dana Point (two blocks away from where the current store is located).

More than just an opportunity to get rid

of the mess he was creating for his dad while whittling balsa wood surfboards in the front yard, Hobie would launch the first surf shop in Southern California. Hobie shaped board No. 100 shortly thereafter.

It’s that tradition and legacy that all of the surf shops in our area celebrate. And right now, they could use our support.

Whether it’s iconic retailers such as Hobie or Jack’s, or community fixtures such as Killer Dana and Infinity in Dana Point, or Catalyst, Icons Of Surf, Dewy Weber, Terry Senate or any of the other shops in San Clemente’s esteemed “surf ghetto,” if you need a ding repaired, a new leash or just have to freshen up that wax supply, spend your hard-earned cash with them.

It’s these core retailers that are the backbone of our surf industry. Last year, the Surfing Heritage and Culture Center hosted an exhibit called “Temples of Stoke,” which

SURF FORECAST

GROM OF THE WEEK ASHER HODGMAN

Water Temperature: 64-66 Degrees F Water Visibility and Conditions: 8-12‘

BY JAKE HOWARD, DANA POINT TIMES

A

rising star on the Dana Point surf scene, Asher Hodgman has been coming on strong lately. Barreling into eighth grade, he’s been using the fluidity of the current school schedule to log extra water time.

“I mostly surf at Salt Creek, Lowers, Doheny and Strands,” says Asher.

Surfing since he was 3 years old, like so many groms in this area, he learned to shred from his dad pushing him into waves at Doheny.

“I watch other people surf, and that inspires me to try new airs or carves,” Asher says, explaining what gets him stoked about surfing. “My favorite thing about surfing is probably the thrill and stoke of being able to ride a wave.”

Dana Point Times May 29-June 4, 2020

honored and told the story of some of the most revered surf shops on the West Coast.

“Surf shops have always been more than a place to just buy more stuff,” explains Glenn Brumage, Director of SHACC. “They’ve always been cultural hubs, gathering places where stories and new ideas were shared. It’s hard to imagine surf culture without surf shops. Where else were you going to hear the latest gossip, check out the newest surfboard design and maybe buy a bar of wax . . . if you couldn’t scam it for free?”

And that’s just why it’s so important to support our local surf businesses. It’s not just about the economy; it’s about the very fabric of who we are as surfers. Without the gathering place that surf shops have become, without the knowledge and tradition of handmade surfboards being passed down, surfing runs the risk of becoming like any other sport—something you do rather than something you are.

Over the past couple of months, you may have grown accustomed to shopping online. You can find everything on Amazon.

From boardshorts to boards, they even have a White Claw model (only 18 left).

And, sure, they’ll deliver it to your front door in 24 hours. But Dana Point and San Clemente are quintessential California surf towns, and as such, we owe it to all those business owners trying to thrive and survive these days to ditch the online retailer, strap on your face mask and help uplift our community.

Jake Howard is local surfer and freelance writer who lives in San Clemente. A former editor at Surfer Magazine, The Surfer’s Journal and ESPN, today he writes for a number of publications, including the San Clemente Times, Dana Point Times, Surfline and the World Surf League. He also works with philanthropic organizations such as the Surfing Heritage and Culture Center and the Positive Vibe Warriors Foundation. DP

Asher Hodgman. Photo: Courtesy of Joe Foster

Looking up to world champs such as John John Florence, Asher is psyched to push his own performance in the water. And he’s chasing the dream for all of the right reasons.

“I don’t know, maybe I’ll be pro or maybe not, but all I know, I just want to keep surfing

and having fun,” Asher says when asked what the future holds for him.

And he’s spot on. Just keep surfing, Asher.

There are few things in this world that are as much fun as riding waves, especially with friends and family. DP

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Outlook: A fresh South/southwest swell joins in on Friday, as small Northwest swell lingers, for chest-head high surf (4-5’) and occasional sets going a foot overhead, (6’). Morning winds are light on Friday, then 6-10kt westerly flow develops in the afternoon. The South/southwest swell peaks on Saturday, with waves running shoulder high to a foot overhead, (4-6’) and sets up to two feet overhead, (7’). The swell mix slowly eases into the chest to head high+ range, (4-5’+) on Sunday. Light+ NW winds early Saturday morning are expected to rise to a moderate+ sea breeze in the afternoon. Light winds look to return for Sunday morning, then 5-8kt westerly flow is scheduled that afternoon.

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