Dana Point Times November 11-17, 2022

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TOP NEWS DANA POINT SHOULD KNOW THIS WEEK

The blufftop Nature Trail at the Dana Point Preserve is open to the public again from 7 a.m. to sunset after the OC Superior Court ruled in favor of the City of Dana Point’s injunction earlier this month. Photo: Breeana Greenberg

Court Rules Blufftop Nature Trail to Reopen for Maximum Public Access

BY BREEANA GREENBERG

An Orange County court recently ruled in favor of the city’s request that the Center for Natural Lands Management (CNLM) return public access at the blufftop Nature Trail to pre-pandemic hours until the lawsuit reaches a conclusion.

In a Nov. 3 ruling, Orange County Superior Court Judge Michael Strickroth ordered CNLM to open the public’s access to the trail at the Dana Point Preserve seven days a week from 7 a.m. to sunset—just as it used to be prior to the COVID-19 pandemic.

“With this significant ruling by the Court, maximum daily public access has once again been restored to the Nature Trail and Overlook areas, enabling coastal recreational opportunities for residents and visitors alike,” the City of Dana Point said in a press release.

Responding to the court’s ruling via email, CNLM said that “resuming a much more expansive public access schedule is concerning.”

The center stated that it “revised the public access portion of our preserve management plan earlier this year, in light of the large amount of scientific literature demonstrating impacts from the visiting public on wildlife and concern about the ever-increasing numbers of visitors to the Dana Point Preserve pre-pandemic.”

Pursuant to the court’s ruling, the blufftop Nature Trail has, since Nov. 4, been open to the public from 7 a.m. to sunset. The ruling does allow exceptions for temporary closures for “maintenance, conservation and monitoring activities, restoration activities and vegetation removal.”

While the court issued a ruling on the city’s motion to reopen the public’s full access, it has not yet ruled on the merits on either of the lawsuits that both the city and CNLM filed against each other. Strickroth has, however, denied the Center’s request for an “expedited hearing.”

The city this past January filed its lawsuit against the Center, which owns and manages the blufftop Nature Trail and Dana Point Preserve, arguing that the nonprofit violated the coastal act when it restricted public access by setting new hours during the pandemic.

When the center reopened trails in mid-October 2020, CNLM allowed limited public access from 9 a.m. to noon on Tuesdays and Thursdays, court filings state. In mid-June of last year, CNLM updated the trail’s hours of operation, increasing them from 8 a.m. to 4 p.m. on Tuesdays, Thursdays and Saturdays.

The city’s lawsuit—a cross complaint to CNLM’s own filing from September 2021 to appeal the city’s citations for closing the trail—added that it advised CNLM that the hours did not meet the requirements set on the nonprofit organization for public use and requested that the trail’s operating hours return to 7 a.m. to sunset, seven days a week. CNLM previously claimed that its coastal development permit (CDP) and conservation easement gave it the authority to set the new hours for the public trail.

Under the latest court ruling, CNLM is required to inform the city of any proposed closure and the duration and reason for closure. The nonprofit will be required to give the city written notice two business days in advance of any planned temporary closures.

The next hearing on the lawsuit, a case management conference, is scheduled for March 2023. COMMUNITY MEETINGS

SATURDAY, NOVEMBER 12 Citizens’ Climate Education 10:45 a.m.-noon. This nonpartisan climate action group holds monthly meetings on the second Saturday of the month through Zoom video conferences. To receive a link to join, email larrykramerccl@gmail.com.

TUESDAY, NOVEMBER 15 Dana Pont City Council 6 p.m. The Dana Point City Council will hold its regularly scheduled meeting in the Council Chambers at City Hall. This meeting will also be livestreamed. A link for livestreams and replays is available on the city’s website. Dana Point City Hall, 33282 Golden Lantern Street, Suite 210, Dana Point. danapoint.org.

WEDNESDAY, NOVEMBER 16 VA Disabled Claims Clinic 2-4 p.m. The Veterans of Foreign Wars (VFW) 9934 will sponsor a Veterans Affairs Disability Claims Clinic at the Dana Point Community Center on the first and third Wednesday of each month. Veterans can walk in and meet with a VFW service officer and receive information on how to file a claim for service-related medical issues. Dana Point Community Center, 34052 Del Obispo Street, Dana Point.

Victoria Boulevard Apartments Public Workshop 6 p.m. The Toll Brothers Apartment Living will present a community workshop to discuss the proposed development at 21626 Victoria Boulevard, currently the CUSD Bus Yard. The meeting will be an opportunity to learn more about the project, share your opinions and discuss next steps. victoriablvd@tollbrothers.com. Dana Hills High School Porthole Theater, 33333 Golden Lantern, Dana Point.

Supervisor Bartlett Sponsoring Pet Adoptions Through November

BY BREEANA GREENBERG

Through the month of November, Orange County Board Supervisor Lisa Bartlett will sponsor pet adoptions at the Orange County Animal Care shelter.

Pet adoption fees will be waived and vaccination, antiparasitic treatment, spay/neuter and microchip fees will be covered, according to Bartlett’s office. Residents adopting pets will also receive a starter bag of pet food while supplies last and a certificate for a free vet exam.

“As an animal lover and proud owner of my cat, Misha, who I adopted from OC Animal Care, I strongly encourage anyone thinking of adding a four-legged friend to their family, to take advantage of this amazing opportunity,” said Bartlett, who represents the county’s Fifth District, including the cities of Dana Point, San Clemente and San Juan Capistrano. “We need to clear our shelter and find these pets their forever home,” Bartlett added in a press release.

The OC Animal Shelter is open from 8 a.m. to 5 p.m. daily and until 7 p.m. on Wednesdays. Adoption hours are open from 11 a.m. to 5 p.m. Though walk-ins are welcome, OC Animal Care staff members recommend booking an appointment.

Bartlett will also sponsor a “Family ‘Fur-st’ Drive Thru Pet Food Pantry,” with free dog, cat, rabbit and bird food while supplies last. Pet owners will also receive a free collapsible water bowl.

The food pantry will run from 8-10 a.m. on Nov. 12 at OC Animal Care, located at 1630 Victoria Road, Tustin.

More info can be found at ocpetinfo.com. To book an appointment at the OC Animal Shelter, call 714.935.6848.

Coastal Commission to Hear Proposed Short-Term Rental Program

BY BREEANA GREENBERG

The California Coastal Commission (CCC) will hold a public hearing next week to discuss Dana Point’s proposed short-term rental (STR) program, which agency staff is recommending for approval with some modifications.

In early September, the Commission ruled that there were “substantial issues” with the City of Dana Point’s short-term rental program approved in July. Commissioners found that the issue merited further discussion after voicing concerns with the proposed short-term rental program’s potential effect on affordable housing stock.

According to the latest staff report, CCC staff found that the city’s proposed vacation rental program “is currently structured in a manner that does not adequately balance coastal public access and long-term residential opportunities.”

Previously, the city had proposed a maximum of 115 permits in the coastal zone for non-primary STRs—when a property owner rents out homes other than their primary residence to visitors.

To encourage more homestay, multi-family homestay, and primary residence STRs—a variation of rentals in which the owner either lives on-site or is traveling for a short time during a guest’s stay—the city did not issue a cap for such permits.

Ahead of the upcoming meeting scheduled for Nov. 16, CCC staff proposed modifications to the city’s STR program, including a cap of 115 non-primary, multi-family homestay, and mixed-use parcel non-primary short-term rentals within the coastal zone.

Additionally, staff proposed no cap on primary or homestay short-term rentals.

The staff report explained that “while primary STRs are not proposed to have a cap, and they may grow in popularity over time, it is anticipated that the Program’s required registration process, enforcement mechanisms, and five-year reassessment period would help prevent adverse impacts on community character resulting from this type of STRs.”

Unhosted primary STRs, such as when a homeowner rents out their primary residence while traveling, is limited to a maximum of 60 days per year.

To prevent an oversaturation of STRs in the mixed-use zone, the CCC added that no more than 20% of residential units in a mixed-use district may be converted into STRs.

Properties with six or more units may convert a maximum of 20% of the total units into STRs, and properties with five or fewer units may convert only one unit into an STR.

Any changes to the STR program would have to go through the CCC’s executive director, who will determine

During its meeting on Nov. 16, the California Coastal Commission will consider approving Dana Point’s proposed short-term rental program with modified provisions. Photo: File/Lillian Boyd

whether a coastal development permit (CDP) amendment or new CDP is necessary.

If the commission votes to approve the program at the upcoming hearing, the program would not go into effect until the city accepts it with the CCC’s changes.

The CCC is also requiring that the city reimburse the commission for any costs and attorneys’ fees that may be required “in connection with the defense of any challenges of the approval, issuance, or implementation of this CDP,” according to the staff report.

The city would also be required to establish a study including metrics and criteria to track the STR program’s performance.

The study would assess whether permit caps are adequate or need to be changed, whether the program adequately addresses nuisance complaints and violations, and if the city’s enforcement should be changed.

The study would also assess whether the program was having an adverse impact on housing stock or visitor use of non-STR accommodations.

By Nov. 16, 2031, the City of Dana Point would be required to apply for a new CDP amendment or local coastal plan (LCP) amendment to reauthorize the STR program and simultaneously submit the results of the program’s study.

Bridget McConaughy, of Unite Here Local 11, and Dana Point residents Mark Zanides and Kim Tarantino appealed the proposed STR program to the Coastal Commission in July on the basis that the City Council approved it through an incorrect avenue. They also claimed that the proposed program will decrease affordable housing stock in the city.

In late October, the appellants requested that the hearing be postponed, filing a motion for continuance. The appellants argued that the staff’s proposed vacation rental program be published 60 days before the hearing for public review and that commission staff should meet with community members ahead of the hearing and “conduct the investigation necessary to make a fully informed decision.”

In response, CCC staff stated that “the appellants’ request to formally confer with Commission staff and the Commissioners and/or establish a 60-day public review period of the de novo CDP, in order to influence the final details of the STR program, is outside of the protocols established by the Coastal Act and its implementing regulations.”

With appellants’ claiming that the CCC staff have drafted an STR program without “information necessary to make an informed decision,” the staff report noted that the special condition requiring a study on the effectiveness of the program will ensure that Dana Point’s vacation rental program is “data-driven” and conforms with the Coastal Act.

If approved, the program would last for 10 years, expiring on Nov. 16, 2032, unless the CCC’s executive director extends the deadline.

Limited Weekend Service to SJC, SC Resumes

BY C. JAYDEN SMITH

Metrolink passengers may resume limited weekend access to San Juan Capistrano and San Clemente via the Orange County and Inland Empire-Orange County lines, the rail agency recently announced.

The lines began traveling to and from the San Juan Capistrano, San Clemente and San Clemente Pier stations on modified schedules starting on Oct. 29, although all service connections to the Oceanside station remain suspended.

“Metrolink service Monday through Friday remains suspended at all stations south of the Laguna Niguel/Mission Viejo Station,” the agency said in its announcement. “This is due to the higher volume of train traffic along this single-track route on weekdays, compared to weekends, making it challenging to provide service without significant delays.”

Commuter services between the Laguna Niguel/Mission Viejo station and the Oceanside station have been suspended since late September, when movement of the railroad tracks in south San Clemente was reported following a storm surge that hit Southern California.

More than 20,000 tons of riprap have been placed along the area since September 2021 to try to halt continuous shifting of the track, which sits at the bottom of a bluff that happens to be an ancient landslide.

The Orange County Transportation Authority (OCTA) announced on Oct. 14 that it had finalized a contract to work with a geotechnical firm tasked with stabilizing the railroad track through southern San Clemente. The emergency work on the affected hillside is expected to begin soon.

The OCTA Board of Directors authorized plans to begin the $12 million stabilization project on Oct. 3.

The transportation agency has stated that it intends to complete the work in an approximately 90-day phase, and that all passenger rail services could be continued as soon as mid-December, or mid-January, when construction is expected to end.

“Project engineers and geotechnical experts will continually monitor the slope next to the track during construction,” a release from OCTA read. “In partnership with all rail agencies, a decision will be made when to safely resume passenger rail service.”

Additionally, the schedules for Amtrak Pacific Surfliner Trains 770, 774 and 784 were adjusted to extend to San Juan Capistrano effective on Oct. 31.

Visit metrolinktrains.com for additional information.

Davies Stays Ahead of Duncan in Race for 74th Assembly Seat

BY BREEANA GREENBERG

In the race to represent California’s 74th Assembly District, Republican incumbent Laurie Davies looks to keep her seat as she leads against her Democratic opponent, San Clemente Mayor Pro Tem Chris Duncan.

As of late Wednesday afternoon, Nov. 9, unofficial results from the California Secretary of State showed Davies holding onto the lead with 54.1% (58,114) of the votes, while Duncan reportedly had 45.9% (49,247) of the votes.

“I feel so grateful, because it looks obviously that I’ve taken this seat, and I’m so grateful that I have the opportunity

Laurie Davies

to serve for another two years,” Davies said on Wednesday morning. “There’s so much that we can do, working across the aisle, a lot of good for this state. So, that’s what I’m really excited about.”

Davies added that she’s looking forward to continuing her work on battling the illicit use of fentanyl and those who deal the drug. She also hopes to see an audit of state programs to ensure taxpayer dollars are well spent.

“We have so much of our taxpayer dollars going towards homelessness, going towards these other programs, but we’re not seeing any results,” Davies said. “We need to sit down and really look at where these programs are … review them, if they’re working, great; if not, then we need to let them go so that we can make sure that every tax dollar is being counted and used positively.”

During her first term representing the Assembly district, Davies prided herself on her level of communication with her constituents.

“I made it an important point to make sure that folks that I represented knew what was going on at the state level; they knew what bills were going up there, they knew where I was going to vote, they understood how this was going to affect their safety, their businesses, schools, things like that,” Davies said.

Unofficial results late Tuesday night initially showed Duncan ahead of Davies. However, speaking with Dana Point Times that evening, she noted that during the Primary Election, polls had shown Duncan initially leading that race as well, but by the following morning, the tides had turned in her favor.

At the time he was leading on Tuesday, Duncan said he was “feeling cautiously optimistic.”

“This is uncertain as to how the votes are going to come in, so we’re still waiting to see the next batch of votes,” he said.

Wednesday morning, Duncan said it was too early to discuss plans after the election should Davies win, but added, “I will certainly be active, involved in our community here and continuing to help improve people’s lives.”

“I’m very grateful for all of our supporters for putting us in this position to be so close and feeling great about our campaign,” Duncan continued. “We are trailing, but there’s a lot of ballots out there still.”

Based on campaign finance filings, or 460 Forms, with the California Secretary of State’s office—which covered all contributions and campaign expenditures up until Oct. 22—Duncan had raised about $517,450, slightly more than Davies’ $511,149.

As of late October, Duncan had outspent Davies by roughly $87,000. On their respective 460 forms, Duncan reported spending roughly $629,000 on his campaign, while Davies spent roughly $542,000.

The California Secretary of State is scheduled to certify the results from across the state by Dec. 16. DP

Nguyen Commands Sizeable Lead; Blakespear Faces Tighter Race Against Gunderson in State Senate Elections

BY COLLIN BREAUX

Based on unofficial results from this week’s Midterm Elections, representation in the California State Senate for the tri-city area of San Clemente, Dana Point and San Juan Capistrano may either be split between a Republican and Democrat or totally under the GOP.

As of late Wednesday afternoon, Nov. 9, Republican Janet Nguyen led District 36, which represents San Clemente and Dana Point, with 58.3% (131,167) of the votes. Democrat Catherine Blakespear, meanwhile, faced a tight race in District 38—which covers San Juan Capistrano and unincorporated Rancho Mission Viejo—with 50.3% (108,548) of the votes.

Blakespear is currently the Encinitas mayor, while Nguyen is a state assemblymember. Democrat Kim Carr challenged Nguyen in District 36, while Republican Matt Gunderson ran against Blakespear in District 38.

“Right now, I’m only about 1,000 votes ahead of my opponent,” Blakespear said in a campaign email sent on Wednesday morning. “Over 200,000 votes have been counted in the State Senate race so far, and anywhere from 100,000 to 200,000 ballots are expected to be counted in the coming weeks. So, until we have a clearer picture, this race is still too close to call.”

In an earlier statement sent on Tuesday night, shortly after early results came in, Blakespear said she had a lead “we feel very comfortable with.”

“We always knew this would be a close election, so it’s imperative that everyone who braved the weather and made it to the polls has their voice heard,” Blakespear said, referring to the storm surge that hit Southern California on Election Day. “We expect that when all the votes are counted, we will be victorious.”

Supporting women’s reproductive rights and protecting communities from gun violence were parts of Blakespear’s platform. She also said she would champion small businesses, protect California’s natural resources,

(Left) Janet Nguyen (Right) Catherine Blakespear

and ensure a clean, reliable water supply for the state.

Kevin Sabellico, Blakespear’s campaign manager, said on Tuesday night that she was hopeful that when all the ballots were counted, she will be elected to the California State Senate.

“Our campaign will have a robust voter protection team ready (Wednesday) to make sure every legally cast ballot gets counted,” Sabellico said.

Gunderson had 49.7% (107,358) of votes as of Wednesday afternoon. He and his campaign had called the election a “very close race” and said they were “closely monitoring the results” as they came in.

“I feel confident that the results will go our way when the counting is through,” Gunderson said.

He further said he was “honored” to have received so much support from family, friends and “the thousands of Californians who trusted me with their vote.”

“I will continue to advocate for an affordable, safe and golden California,” Gunderson said.

Gunderson was an auto industry business owner and said one of the reasons he ran was because of Californians facing issues with the cost of living. Addressing homelessness through solutions that examine individual-level causes of the issue and returning economic opportunities back to the middle class were part of his platform.

Nguyen and Carr had not responded to requests for comment, as of press time.

As an assemblymember, Nguyen touted her experience with helping pass legislation to expand health care for the homeless, mentally ill and for lower-income families. She also highlighted efforts to stop tax increases and write bipartisan legislation to increase a renters’ tax credit to help families deal with the high cost of living.

Carr has been on the Huntington Beach City Council since 2018 and emphasized her efforts to respond to the 2021 oil spill off the coast of Huntington Beach.

If elected, Carr said she would fight inflation by fixing supply chains and cutting red tape for local businesses, reduce homelessness by increasing mental health and housing support, and defend reproductive freedom and the right of all people to control their bodies. DP

Levin Maintains Narrow Lead in Congressional Rematch

BY C. JAYDEN SMITH

In the follow-up of the 2020 battle to represent California’s 49th Congressional District in the House of Representatives, incumbent Democrat Mike Levin appeared poised to hold on to the seat, but in a much tighter race compared to his previous matchup against Republican challenger Brian Maryott.

As of late Wednesday afternoon, Nov. 9, Levin had received 51.1% (89,804) of the votes, holding a 2.2% lead over Maryott (86,091), a former San Juan Capistrano councilmember, according to the Secretary of State’s office.

Levin’s lead was much greater in San Diego County’s portion of the district, where he had earned 55.63% (59,655) of voters. As for the Orange County side of the 49th, Maryott was the clear favorite, owning about a 12% advantage by earning 56.08% (38,503) of the votes.

The 49th District includes the cities of Carlsbad, Dana Point, Encinitas, Laguna Niguel, Oceanside, San Juan Capistrano, San Clemente, and Vista, among other locations in South Orange County, and North San Diego County.

Levin and Maryott had faced each other for the seat in 2020, when Levin won the district with 53.1% of the vote.

Levin, who has held office for backto-back two-year terms, has expressed support for women’s reproductive rights, such as the ability to choose to have an abortion, keeping taxpayer dollars away from private schools, and supporting law enforcement.

Mike Levin

Maryott, a longtime businessman, has expressed support for school choice, fully funding police officers and strict sentencing of lawbreakers, as well as securing the border by funding border enforcement.

In an emailed statement late Tuesday night, Maryott’s camp maintained that voters were ready to move on from Levin as their representative.

“We are certainly optimistic, and this is exactly what we expected to see,” the spokesperson wrote while Levin, at the time, held a double-digit lead, adding: “It may take a few days, but when the dust settles, we expect that the voters of (the 49th District) will send a financial planner to Congress.”

In the Primary Election held this past June to determine who would make it on to the ballot for the Nov. 8 General Election, Levin carried the district race, earning 92,211 votes, or 48.9%, with Maryott leading a contested vote among Republicans by receiving 35,805, or 19% of all voters.

According to the OC Registrar of Voters, 42.6% of Orange County voters chose Levin during the Primary, while Maryott narrowly beat out Fifth District Supervisor Lisa Bartlett by three votes to earn a spot on Tuesday’s ballot.

Levin’s campaign had not beeen reached for comment as of press time.

Election results will be updated throughout the canvass period, according to the Secretary of State’s website, and county elections officials must report their final results by Dec. 9. Next, the Secretary of State will put together the results to certify by Dec. 16. DP

Foley Holds Lead Against Bates in 5th District Supervisor Race

BY BREEANA GREENBERG

Democratic incumbent Katrina Foley is on track to hold her seat as she is still leading against her Republican opponent, State Sen. Patricia Bates, in the tight race to represent Orange County’s 5th Supervisorial District.

Unofficial results from the Orange County Registrar of Voters as of late Wednesday afternoon, Nov. 9, showed Foley with 51.02% (76,591) of the votes, while Bates, a former board supervisor, had 48.98% (73,537) of the votes.

“I’m so grateful to my community of volunteers and the coalition of unlikely allies that I brought together to be able to show Orange County that we can really lead and represent all residents,” Foley said late Tuesday night, when she led by a wider margin.

The race tightened as the votes continued to be counted through Election Night and the following morning, with unofficial results earlier in the evening showing Foley ahead of Bates with 56.63% of the vote, putting Bates at 43.37%.

The Orange County Registrar of Voters was scheduled to post updated results on Thursday afternoon, Nov. 10, after Dana Point Times went to print. Updates to this story and the DP Times’ ongoing coverage of other local Midterm Elections will continue to be posted online.

Anticipating a win, Foley said that South Orange County residents are going to “have a representative that’s very active and responsive and is going to immediately drill down on some of the lingering issues that I know have been trouble for the community.”

Katrina Foley

Looking forward to a potential second term representing South Orange County, Foley highlighted coastal erosion—namely, its effects on the railroad tracks—fire mitigation and issues related to homelessness as main topics on which she’d like to focus.

As of press time, Bates had not responded to requests for comment.

In the lead-up to the race, Foley and Bates had cumulatively spent $1.35 million in the race for the District 5 seat.

In the race for the District 4 seat between Sunny Park and incumbent Board Supervisor Doug Chaffee, the two collectively had spent more than $1.62 million, while candidates in the District 2 race—Vicente Sarmiento and Kim Bernice Nguyen—collectively had spent $474,405.

Based on the latest campaign finance filings, or 460 Forms, with the California Secretary of State’s office— which covered all contributions and campaign expenditures up until Oct. 22—Bates had raised about $688,607, slightly more than Foley’s $665,695.

As of late October, Foley had outspent Bates by roughly $76,000. On their respective 460 forms, Foley reported spending roughly $734,908 on her campaign, while Bates spent roughly $658,958.

County elections officials across the state are expected to certify all election results by Dec. 8. DP

About 30 people on surfboards circle up on the north side of the San Clemente Pier to reminisce and pay their respects to the late Fred Swegles, a beloved local newsman, during a paddle-out memorial on Sunday, Nov. 6. Photos: Alan Gibby

NEWS NEXT DOOR Community Honors Fred Swegles with Paddle-Out at Pier

BY SHAWN RAYMUNDO

The San Clemente community came out to the pier on Sunday afternoon, Nov. 6, to join family and close friends of the late Fred Swegles for a paddle-out honoring the beloved local newsman.

Swegles, 74, died peacefully in his sleep on Oct. 23, following months of health complications related to a diagnosed brain tumor.

Though it was Swegles’ wishes that his family not hold a formal memorial or Celebration of Life ceremony, community members and colleagues including Picket Fence Media publisher Norb Garrett and USA Surfing CEO Greg Cruse rallied to organize Sunday’s memorial paddle-out.

“I had the pleasure of having Fred work with us (San Clemente Times) for about the last five years—I tried to get him 20 years ago when we first started the paper, but he decided to stick with the Sun-Post at the time, which is fine,” Garrett said jokingly.

For more than 50 years, Swegles covered the town of San Clemente and some of the surrounding cities, reporting for the Daily Sun-Post and Orange County Register. In 2018, after the Register shuttered the Sun-Post and its other community weeklies, Swegles joined the San Clemente Times to launch his weekly CoastLines column.

Speaking on behalf of Swegles’ sisters Barbara Chamberlin and Valerie Mayer and brother Steve Swegles, Garrett expressed to the large crowd how appreciative the Swegles family was for the outpouring of support and appreciation for Fred.

“Fred loved you all, and he loved San Clemente. Being the humble guy that he was, he stated over and over in his will that he didn’t want any services—all of you who know Fred, that’s very Fred, very on brand,” Garrett said, reading from a letter from the Swegles family.

“He didn’t want the attention. He greatly appreciated all the letters, the cards, the emails and all the visits over the past several months,” Garrett continued to read, adding: “Those visits, those cards, those emails, they all brought smiles and sometimes teary eyes, and love and appreciation for you.”

Nearly 30 people participated in the paddle-out on the north side of the San Clemente Pier, while the rest of the crowd lined the structure overlooking the surfers. During the paddle-out, the surfers circled up, holding hands, to share stories and reminisce about Swegles.

To close out the ceremony, Swegles’ former bandmate Jim Summers performed a rendition of “Somewhere Over the Rainbow”—one of Swegles’ favorite songs.

“From the family, thank you so much for being here for Fred,” Garrett said.

Californians Largely Support Props 1, 28 & 31

BY SHAWN RAYMUNDO

Proposition 1, the state ballot measure that looks to enshrine in California’s constitution that women have the right to an abortion and contraception, is on track to pass with 65% of voters approving it, according to the latest results from the Secretary of State’s office.

The measure followed the U.S. Supreme Court’s decision this past June to overturn Roe v. Wade—the long-standing SCOTUS ruling that found the U.S. Constitutional protection to privacy included the right to an abortion.

By amending the state’s constitution under the measure, proponents have stated, it would unquestionably protect a person’s right to an abortion without leaving the law and court rulings up to interpretation.

According to the same results, Californians voted to pass Propositions 28 and 31 with a 61.6% and 62.3% majority, respectively.

Under Prop 28, the measure to provide additional funding for public schools’ arts and music education, K-12 public school arts education programs would receive an established amount of funding from the pool of funds previously created through Proposition 98 in 1988.

That original proposition guaranteed

Dozens of demonstrators gather on the corner of Avenida Del Mar and El Camino Real on June 28 to protest the U.S. Supreme Court’s decision to overturn Roe v Wade. Photo: Breeana Greenberg

either a minimum of 40% of the General Fund on K-14 education, or a minimum guarantee based on student attendance and change in cost of living.

Prop 28 would guarantee a minimum of 1% of that funding would go specifically toward arts education programs. Proposition 28 would reportedly increase state costs by $800 million to $1 billion annually.

With Prop 31 expected to pass, the State Senate bill that Gov. Gavin Newsom signed in 2020 to ban the sale of most flavored tobacco products would officially become law. After Senate Bill 793 was signed, opponents pushed for the referendum, allowing Californians to decide whether the ban should go into effect or to overturn the policy.

Also on the ballot this year were two measures, Propositions 26 and 27, related to sports gambling. Neither measure is likely to pass, based on the unofficial results from Thursday morning, Nov. 10, with Prop 27, in particular, being rejected by an overwhelming 83.3% of voters.

Michael Parham Has Strong Showing in Unofficial Special Capo Unified Trustee Election Results

BY COLLIN BREAUX

As of late Wednesday afternoon, Nov. 9, Michael Parham was the top vote-getter in the specially called Area 2 election for the Capistrano Unified School District’s Board of Trustees.

While results remain unofficial, Parham had 44.65% (6,519) of the votes. His opponent, Kira Davis, had 41.12% (6,003) of the votes.

Jessica Hubbard was also listed on the ballot and had 14.23% (2,077) of the votes, though she announced beforehand that she had dropped out of the race and would instead be voting for Parham.

Parham declined to comment on the results on Wednesday morning. Davis had not responded to a request for comment, as of press time.

A Special Election for Area 2 was called after former Trustee Pamela Braunstein resigned earlier this year because of what she said was harassment for her support of COVID-19 restrictions in schools. Area 2 covers Ladera Ranch.

Parham lives in Rancho Mission Viejo, is a father of four children, advised companies as an investment banker and CPA and previously served on the Irvine Unified School District Board of Education for 12 years. He was endorsed by the Capistrano Unified Education Association, the local teachers union.

Parham’s campaign emphasized building better dialogue between the district

Michael Parham

and parents and developing more credibility with the public if it wants to get support for bond measures that would fund facility upgrades at Dana Hills High School and other campuses.

Davis’ platform had been staunchly anti-COVID restrictions, particularly mask requirements, and advocated for parents being able to make decisions for their children. Capo Unified schools don’t currently have COVID restrictions in place. She also lives in Ladera Ranch, is a mother of two children and writes for RedState, a conservative outlet.

Parham has said he is against vaccine requirements.

Two other seats, Area 4 and Area 7, were also up for election on the Board of Trustees. Area 4 covers Laguna Niguel, and Area 7 includes Mission Viejo.

Gary Pritchard had the most votes as of Wednesday afternoon in Area 4, with 49.64% (6,689) of the votes. The other candidates, Jim Glantz and Darin Patel, had 41.63% (5,609) and 8.73% (1,176) of the votes, respectively.

Current Area 4 Trustee and Board President Martha McNicholas previously announced she would not be running for reelection but would continue advocating for local schools, including Dana Hills High. In Area 7, incumbent Trustee Judy Bullockus held on to her lead at 55.31% (7,486) of the votes. Her challenger, Jeanette Contreras, had 44.69% (6,049) of the votes. DP

Prop 26 proposed allowing in-person sports wagering at Native American casinos on professional, college or amateur athletic events. It also proposed to enact a 10% tax on the profits received from sports betting at racetracks to fund problem gambling prevention and mental health initiatives, enforcement, as well as the General Fund.

Prop 27 looked to make California the latest state to allow online or mobile betting on sporting events. Under the measure, it would have authorized gaming tribes and online sports betting or qualified gaming companies with agreements with gaming tribes to operate online sports betting outside Native American lands.

In what was now the third attempt in as many General Elections to add more oversight at dialysis clinics in California, Proposition 29 again failed to get enough support from voters, with a majority of them, nearly 70%, rejecting it, the latest results showed.

California’s voters also rejected, with 59.1% of the vote, Proposition 30, which looked to increase the income tax on millionaires to fund a clean air trust that would be divided into sub-funds.

Portions of the coffers would have gone into an investment plan for zero-emission vehicle infrastructure, the Zero-Emission Vehicle and Clean Mobility Sub-Fund, and the Wildfire Green House Gas Emissions Reduction Sub-Funds.

Opponents of Prop 30 had argued that the taxes raised would only benefit special interests, including those of supporting corporation Lyft. DP

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FACEBOOK.COM/DANAPOINTTIMES • INSTAGRAM@DANAPOINTTIMES TWITTER.COM/DANAPOINTTIMES • LINKEDIN PICKET FENCE MEDIA GUEST OPINION | Health and Nutrition 101 by Gina Cousineau

Why You Should Consider a Healthy Eating Pattern

Facts are facts. By losing only 5-10% of one’s body weight, our health will improve. But most people have much loftier goals, dreaming of what they once weighed in college or when they were just married.

Secondly, as we age, our body composition shifts and metabolism slows because of a cascade of bodily processes, including normal hormonal changes, decreased activity levels, loss of muscle, and more.

About 99% of my prospective clients reach out with their primary objective being weight loss. While my approach certainly will help them lose the weight, I cannot in good conscience help people lose weight without teaching them about a healthy eating pattern, which in turn will help them to reduce the risk of heart disease and other lifestyle diseases that are increasing our years of disability and shortening our lives.

While the traditional diet is always about calorie restriction and removing favorite foods, we all know from personal experience it does not result in sustainable weight loss.

It is with this “all or none” mentality that I am bound and determined to try to make change. As we approach the holiday season, most will not attempt to lose weight, and assume they will gain weight, with all the eating opportunities coming their way.

They might try to exercise more, but the fact is, few of us can utilize more than a few hundred calories with an hour of exercise, and that pumpkin latte from your favorite coffee shop will fill those burned calories right back up in a fraction of that time.

Guiding individuals into a healthy eating pattern allows them to both lose the weight, if needed, and improve the quality of their lives.

It allows them to also continue to enjoy the foods they “can’t live without,” but this can’t happen without proper nutrition education as to what foods we need to prioritize throughout our day, and strategies on how to gain self-control over foods that keep tripping us up. This is no easy feat for this nutritionist and chef. So, let’s talk for a moment about what a healthy eating

HEALTH AND pattern is.

NUTRITION 101 The USDA sug-

BY GINA COUSINEAU gests including a variety of vegetables, fruits, whole grains, legumes (beans, lentils, chickpeas), fatfree or low-fat dairy, seafood, poultry, and meat, as well as eggs, nuts, seeds, and soy products.

For most people who have varied food preferences, these guidelines hit the mark. Add in limiting foods with added sugar, saturated fat, and sodium; this is a logical and practical guide to calorie reduction, if weight loss is one of your goals, and improved health.

So, what can you eat? Pretty much everything if you allow the guidelines above to lead the way. Your daily scoop of ice cream is high in calories, saturated fat, and added sugar, so consider eating less of it, and/or replacing it most days with a bowl of nonfat plain Greek yogurt topped with your favorite fruit, a few chopped walnuts, and a drizzle of honey.

The same can be said for your high-fat and sodium-laden crunchy snack that you eat directly out of the bag every afternoon. Consider limiting your serving size, only eating on occasion, or perhaps not buying it this week, and replacing it with some whole grain crackers and your favorite sliced cheese.

Simply moving toward more whole food choices, and including more plants in every meal and snack, could be your guide to a healthy eating pattern that will change your life in a positive way.

Gina Cousineau, a local nutrition expert who specializes in weight loss and health gain, is a trained chef and fitness professional, with her MS in Integrative and Functional Nutrition. She is offering her readers a complimentary “preventive screening” 50-minute session to help them better advocate for their health with their medical providers. Please email her at mamag@mamagslifestyle.com to set up that session. Feel free to learn more about her at mamagslifestyle.com as well. DP

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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