LO C A L
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December 19-25, 2019 YO U
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Live at The Coach House: Donavon Frankenreiter PAGE 17
VOLUME 14, ISSUE 51
Petition to Hear ‘Martin v. Boise’ Denied South County Cities React to Supreme Court Decision E Y E O N S C / PAG E 7
The U.S. Supreme Court decided on Monday, Dec. 16 not to take up an appeal to the landmark Martin v. Boise ruling, which bars cities from enforcing anti-camping ordinances unless shelter beds are offered. Photo: Courtesy of Freepik
Council Approves Hospital RFP
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City Considers Gas Station Proposals EYE ON SC/PAGE 5
sanclementetimes.com
Zebra House Coffee Expands Operation EYE ON SC/PAGE 3
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SC EYE ON SC San Clemente
LOCAL NEWS & IN-DEPTH REPORTING
What’s Up With... Five things San Clemente should know this week Council Approves Hospital RFP Despite Questions Raised over Gutted Version THE LATEST: The city council on Tuesday, Dec. 17, approved plans to release a request for proposals (RFP) seeking interest from prospective medical providers and operators that may want to reopen San Clemente’s blighted hospital on Camino De Los Mares. Despite concerns raised by residents questioning the city’s decision to swap out a previously publicized draft of the RFP with a new version days before Tuesday’s meeting, the council voted, 3-1-1, to initiate the solicitation process. Tuesday night’s vote authorizes the city manager to send out the RFP next month, as well as appropriate an additional $45,000 to retain its consultant, Wipfli, to continue providing “subject matter expertise in reviewing and evaluating potential proposals.” Mayor Pro Tem Laura Ferguson voted to oppose the release of the new version of the RFP that was vastly different from the one the city previously published on its website early last week and was reported on by the San Clemente Times. In the initial draft of the RFP, a breakdown of potential costs to either renovate the existing structure or rebuild the facility had been included. The cost to renovate was estimated at about $62.81 million, while a whole new facility was anticipated to cost about $163 million. Such information, however, was gutted from the new draft that was put before the council for a vote. A portion in the previous RFP that touched on the decline in inpatient utilization such as hospital admissions and surgeries was also omitted. Asking Assistant City Manager Erik Sund why that information was removed, Ferguson had also noted that the initial draft contained various cost scenarios, “whereas the revised report, however, portrays this facility as a turnkey” that’s ready for move-in. “Why was the section removed completely from the draft?” Ferguson asked, adding: “We just need to be transparent . . . this isn’t transparent.” Sund had earlier explained that, for the San Clemente Times December 19-25, 2019
Zebra House Coffee recently announced that it will be expanding in San Clemente with the addition of a second location near Talega. Photo: Shawn Raymundo
sake of transparency to the public, the council had previously directed the city staff to publish the draft of the RFP prior to the council’s discussion. Because it was a draft, the city was still making revisions and adjustments to it. “We put it up in draft form, because there were revisions and edits being made,” Sund said, adding: “We saw a number of significant changes to the RFP; at that point, we removed the original. . . . I understand the public’s frustration . . . we were trying to be transparent, but we were making revisions with the consultant.” Regarding the removal of the estimated costs, Sund cited statements Wipfli representative Tony Taddey had made, explaining that this RFP isn’t a conventional one, because the city is only seeking interest from providers, and the costs associated with the hospital will be part of the next steps. Mayor Dan Bane abstained from the vote, as he had recused himself from the council’s discussion on the topic. And while new Councilmember Gene James voted in favor of the RFP on the basis that he wanted to get it out to the free market, he was adamant in his disdain for the way the current RFP is drafted. “I’m going to support this motion, but I don’t support this hatchet job, because that’s what this was,” James said, prior to the vote. “I’m going to put this out to the free market. . . . I’m going to vote yes, because I’m a ‘free market guy,’ but that’s the only reason why I’m voting yes.” Councilmembers Chris Hamm and Kathy Ward expressed their intention to “get to the finish line,” as the RFP would
allow the city to obtain feedback and responses from medical providers. “I think we can agree or disagree with what’s in this RFP, but this RFP will get us responses,” Hamm said. WHAT’S NEXT: The RFP will be released on Jan. 8. Both drafts had set the deadline for hospital operators to submit proposals by Jan. 24; however, the majority of the council agreed that the timeline was too short. As part of Tuesday’s vote, the council set the deadline for proposals as Monday, Feb. 3, a day before the council’s early February meeting.—Shawn Raymundo
Zebra House Coffee Set to Expand with New Location in San Clemente THE LATEST: The upcoming year is shaping up to be a big one for local favorite Zebra House Coffee. Earlier this month, Sara Peterson, the owner of the home-brewed coffee shop, announced that she’ll be opening a second location in San Clemente, near Talega, and that the current storefront on El Camino Real will also soon be doubling in size. The upcoming growth of the café house, Peterson said, will “bring Zebra House back to San Clemente in a new way; a new, grander way.” At the city council’s special meeting on Dec. 10, Peterson said that she had signed a long-term lease agreement to operate a proposed drive-thru coffee Page 3
shop and café in a 2,750-square-foot space on the lot adjacent to the Target retail department store on Vista Hermosa. “We’re excited about it; we’ll have not one, but two locations and an expanded location of where we are now,” Peterson later told the San Clemente Times. “Both drive-thrus, both sides of San Clemente covered. We’re looking forward to serving the Talega community and all for the families that are part of the (Vista Hermosa) Sports Park.” The decision to start looking for additional space came a year ago, Peterson said, when she and Zebra House’s neighbor, Wildflower Florist, were notified that their building would be changing hands. There was a bit of uncertainty in whether the new owners would maintain the leases, so Peterson began looking at other locations. In that process, Peterson began negotiating a lease for the property adjacent to Target this past February, later resulting in the signed agreement on Nov. 30. “It took us a better part of a year to negotiate a lease,” she said. “It was a wonderful location and just a great opportunity for a new building; we figured it would be a complementary second location.” With the new location expanding their presence in San Clemente, Peterson said that they’re also looking to have an expanded menu. Without wanting to give too much away, she added that customers can expect Zebra House to have an “expanded baking presence”—something for which they are known. However, those hoping to get their Zebra House fix at the new location will have to wait a little while. Peterson explained that she’s targeting to open the doors of the new location by mid-2021. Customers, on the other hand, can look forward to seeing Zebra House’s footprint double in size, as it will soon be taking over the space currently occupied by Wildflower. According to Peterson, the floral shop’s lease is scheduled to end in March, at which time it will relocate. “As soon as they’re gone, we’re going to start working on the other side of the building, and we’d like to have everything open by the end of August,” Peterson said. WHAT’S NEXT: The current Zebra House location is about 1,100 square feet. When it expands, taking over the rest of the building, Peterson and Co. will have about 2,200 square feet with which to operate. “We’re currently about 1,100 square feet; we’ll double with the expansion,” she said, not holding back her excitement. “And the new location will be even grander. It’s going to be so much fun, we’re so excited.”—SR (Cont. on page 4) sanclementetimes.com
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SoCal Edison Announces Release of Liquid Batch Discharge THE LATEST: Southern California Edison on Thursday, Dec. 19, will conduct a liquid batch radiological release, discharging operational wastewater from the San Onofre power plant 6,000 feet off the shore, the plant operator announced this week. While the discharges are routine in nature and had regularly occurred during the lifespan of the San Onofre Nuclear Generating Station (SONGS), Edison’s notification to the public is part of a new commitment to transparency it had made with Surfrider Foundation and the California State Lands Commission. The discharges, Edison explained, consist of fluids collected from condensate found in SONGS’s HVAC systems, as well as fluids from inside the plant before it ceased operations in 2012. Ron Pontes, Edison’s manager of environmental decommissioning strategy, said that before the fluid is released, it’s first processed through ion exchangers, reducing the contamination levels to a very low amount. The water is also sampled to ensure that the fluid contains only a fraction of a millirem—a unit used to measure radiation doses. According to the Nuclear Regulatory Commission (NRC), the average American receives a radiation dose of about 620 millirem, about half of which comes from natural background radiation. In a recent presentation to the SONGS Community Engagement Panel (CEP), Pontes explained that a person working at the plant is allowed to get a total annual dosage of 25 millirem. Speaking with San Clemente Times by phone on Monday, Dec. 16, Pontes noted that even though plant operators such as Edison put the water through ion exchangers, it’s impossible to ever get the fluid to a level of zero millirem. According to Edison’s webpage announcing the batch release, Thursday’s discharge has a characterization of 0.00183 millirem total dose, which amounts to 0.0321% of the annual whole-body dose limit. Pontes and officials with SoCal Edison, the primary owner of SONGS, stress that the fluid batches aren’t harmful to people or the environment. “The important thing is there’s really no impact to the environment and the people,” Edison spokesperson John Dobken said. Until recently, Edison routinely conducted the discharges while the plant was operational. The most recent discharge, Pontes told the CEP, was made in 2016. “So, we’re about to start that again,” Pontes said. “These releases are performed in accordance with our NRC license, and I can tell you that they are very, very low levels of release to the environment.” San Clemente Times December 19-25, 2019
Per its agreement with Surfrider and the State Lands Commission, Edison is required to give a 48-hour public notice before conducting a release. “(Surfrider) had a recommendation: ‘Can’t you guys tell us . . . beforehand?’ . . . . We went back and said, ‘Gee, why can’t we?’ We offered to do it and worked with State Lands and Surfrider so we’ll make these notifications,” Pontes said, recalling the discussion. Acknowledging the local surf community and its interest in the water they’re swimming in, Pontes said Surfrider asked that they consider sharing information similar to organizations that provide notices of ocean water quality. According to Pontes, the plant has collected about 300,000 gallons of fluid that’s waiting to be discharged in the coming months. Edison, he said, will conduct the discharges in batches of about 20,000 gallons, lasting between four to eight hours. That 300,000 gallons of fluid already in the queue, Pontes noted, doesn’t include the water currently in the fuel pools, which is about a million gallons that will first need to be cleaned before being released. “We would guess that, based on our current projections, that sometime in the year 2022, if we follow the schedule, that we anticipate that we’ll be finished with these releases,” Pontes told the CEP. “At that time, we would stop the releases, close the conduits, and there will be no more of these releases.” WHAT’S NEXT: Thursday’s discharge will consist of 19,200 gallons, lasting for approximately four hours, according to Edison’s notification. A link to Edison’s notification page will be included in the online version of this story.—SR
City Manager Makshanoff Resigns THE LATEST: James Makshanoff, San Clemente’s current city manager, tendered his resignation with the city council on Tuesday, Dec. 17, and is scheduled to step down from his post next month, when he takes on the chief executive position for the city of Pomona. “This was not an easy decision for me, and I am grateful to San Clemente for the opportunity given me in September of 2014,” Makshanoff wrote in his resignation letter that Mayor Dan Bane read aloud at the council’s Dec. 17 meeting. “I thank you for entrusting with me the position of City Manager for San Clemente,” Makshanoff wrote. “San Clemente is an outstanding community with great residents and unequaled staff that are dedicated to making San Clemente a great city.” Though Bane said he was surprised by Makshanoff’s initial announcement to the council late last week, he was quick to sing the city manager’s praises, noting that he’s been instrumental in helping the
city tackle its issues. “James has been here for several years, and he’s been sort of a keystone in a lot of the issues we’re facing in terms of strategy and all that. So I was disappointed to learn that he’s leaving,” Bane told San Clemente Times prior to Tuesday’s meeting. “But, obviously, we wish James the best of luck with what he’s doing out in Pomona, and I know that they’ll be in good hands.” The Pomona City Council on Monday, Dec. 16, hired Makshanoff, approving a two-year contract with an annual salary of $275,000, according to the Inland Valley Daily Bulletin. Makshanoff, who was one of 30 applicants who vied for the position, will replace Pomona’s outgoing City Manager Linda Lowry. The publication reported that Lowry’s last day is set for Dec. 31, while Makshanoff is scheduled to begin on Jan. 21. With Makshanoff departing, Bane had said his focus would be on finding a replacement. During the San Clemente City Council’s meeting Tuesday, Bane agendized an item for the council to deliberate the process in which to find a new city manager. After a closed-session discussion near the end of Tuesday night’s meeting, the council came back to the dais, with City Attorney Scott Smith explaining that action was taken to give Bane the authority in contracting a recruiter on the city’s behalf. “(Bane will) take the next steps to solicit and approve a recruitment firm, and the process will move from there,” Smith said, concluding the council’s meeting. Referring to the role as the city’s quarterback, wherein he or she is tasked with executing the council’s strategies, Bane noted to SC Times that it’s important the city find someone who can hit the ground running while being familiar with the issues of coastal cities and South Orange County. “Any time you lose an upper level manager like James, especially a city manager . . . you lose that institutional knowledge and that comfort of where you’ve been going,” Bane said. “That can be disruptive.” Makshanoff is no stranger to East Los Angeles County, as he had previously held multiple positions, including that of city manager, for the city of Azusa prior to his tenure with the city of San Clemente, the Daily Bulletin reported. WHAT’S NEXT: In his resignation letter, Makshanoff said his last day with the city of San Clemente will be Jan. 17.—SR
CUSD Board of Trustees Approves Interim Financial Report THE LATEST: The Capistrano Unified School District (CUSD) Board of Trustees approved the first interim financial report for the district during a regular meeting on Wednesday, Dec. 11.
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James Makshanoff, the city of San Clemente’s current city manager, submitted his letter of resignation to the city council this week, as he has been appointed to be the top executive of the city of Pomona. Photo: Eric Heinz
The report essentially says the district can meet its financial obligations for the remainder of the fiscal year and beyond. The first interim reporting period is based upon activity from July 1 through Oct. 31, according to an explanation in the meeting agenda. School districts are also mandated to demonstrate multiyear fiscal solvency through interim reports and annual budgets, the interim report said. Unknown factors as the district goes forward include revenue for special education preschool students, which is still classified as one-time pending a resolution from the legislature. “This money could be reallocated to other purposes by the state in future years,” the first interim report said. Another unknown factor is the Later Start Bill, which Gov. Gavin Newsom signed into law in October. The bill allows later start times for middle and high schools for the 2022-23 school year. Calculations on what those changes will look like for CUSD will “take time,” the report said. “Bus schedules will have a big impact on this change because of staggered starts,” the report said. As for multiyear salary projections, the report said negotiations have not been settled for all bargaining units for the current year. WHAT’S NEXT: A second interim report is scheduled to be brought up in March 2020. The second report could include updates from collective bargaining and information from the governor’s proposed budget in January. In other CUSD Board of Trustees news, there was an annual board reorganization. Trustee Jim Reardon became the new president, Trustee Gila Jones, who most previously held the role of president, became the new clerk and Trustee Martha McNicholas remained the vice president. “It’s a real joy to work with this board,” Jones said. “They are an extremely wise group. They all bring something different to the table. They all make me think. They all challenge me. They all bring up new ideas every time we are together. It is an honor to be among them and have led them for this year.” —Collin Breaux sanclementetimes.com
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Council Considers Gas Station Proposals near Talega BY SHAWN RAYMUNDO, SAN CLEMENTE TIMES
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roposals from developers looking to purchase or lease city-owned property near Talega, turning it into a gas station with a convenience store and car wash, have prompted some criticism from members of the public who question the potential use for the site. The city council on Tuesday, Dec. 10, heard from the three developers offering to buy the 2.29-acre parcel, which, according to the city, could sell for approximately $5 million to $7 million. If the council instead opts for a lease option, annual rent could gross approximately $200,000 to $325,000. Sales-tax revenue generated from the proposed gas station complex could also provide the city $180,000 to $320,000 a year. Additionally, annual revenue from property taxes could yield about $15,000 to $25,000, the city explained in a report to the council. The site in question is located on the southwest corner of Avenida La Pata and Vista Hermosa, adjacent to the fire station. Considered a gateway location because La Pata connects San Clemente to San Juan Capistrano and Rancho Mission Viejo, a gas station, the city notes, could serve an influx of traffic produced from the new residential
and commercial developments. With the Mobil on Avenida Pico and Camino Vera Cruz being the only gas station in the area, Talega residents have told the council that they want another fueling station and car wash, Mayor Dan Bane and Councilmember Kathy Ward stressed during the meeting last week. “I understand the concerns about the uses, and gas stations are by no means a sexy use, I can acknowledge that 1,000%,” Bane said. “But I went back to Talega, and I can tell you I heard repeatedly that we need more gas stations.” Bane also noted that the reason for having the applicants—Fountain Head Development, Property Nine Development and Heslin Holdings—present their proposals at a council meeting was so the public knows what was being considered. “That’s where I am tonight. To be clear, I didn’t come in expecting to make a decision tonight,” Bane said before motioning to table the consideration until the council’s meeting in late January. During the council’s meeting, representatives from Fountain Head, Property Nine and Heslin gave the council an overview of what their potential plans for the site were. Each
company proposed a gas station, convenience store and car wash, as well as partnering with coffee companies such as Coffee Bean to operate onsite. Because car wash sales aren’t subject to sales taxes, each of the three companies is offering a financial inducement to the city. Both Fountainhead and Property Nine have committed to giving the city $75,000 a year, while Heslin said it would remit $25,000 annually. According to Fountainhead’s proposal, it’s offering to buy the land for $7 million or enter into a ground lease for $325,000 a year with rent escalating by 5% every five years. The company anticipates to provide the city a total of $268,300 in sales taxes annually. That figure includes revenue from the fuel, convenience store, coffee company and car wash. Property Nine’s proposal included two options for the city: an outright sale of the land or a combination of a sale and a lease agreement. According to the developer, the city could either sell the property for $6 million or sell it for $3 million while also leasing it for $100,000 a year for the first five years. The annual rent would increase to $110,000 between years six and 10. Property Nine notes that the city stands to gain $9.23 million over the first 10-year period
from both an outright sale of the land and tax revenue. If the city opts for the 50/50 sale and lease option, the city could look at a 10-year revenue projection of $7.28 million. Over a 35-year period, however, Property Nine projects that the city would receive a total of nearly $20.2 million through the simple property sale and tax revenue, and roughly $19.7 million under the 50/50 split option. As for Heslin, the company’s proposal states that under a long-term ground lease option, it would pay $200,000 annually in rent, whereas, through a purchase offer, it could pay the city $6 million for the land. Heslin anticipates its fuel, convenience store and car wash revenues to give the city close to $177,000 in annual sales-tax revenue. According to the city, it received a total of 15 qualified offers for the site, with most of them representing proposals for gas stations. Others included charter schools and assisted-living facilities. The discussion and consideration of the proposals are scheduled to come back to the council during its next regular meeting on Jan. 21. Editor’s Note: An extended version of this story can be found at sanclementetimes.com. SC
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Petition to Hear ‘Martin v. Boise’ Denied South County Cities React to U.S. Supreme Court Decision BY SHAWN RAYMUNDO, LILLIAN BOYD AND COLLIN BREAUX, SAN CLEMENTE TIMES
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he U.S. Supreme Court has decided that it will not hear an appeal to the Martin v. City of Boise ruling—the landmark homelessness case that has prohibited cities from enforcing anticamping ordinances if they don’t provide shelters. In the Supreme Court’s list of orders on pending cases released on Monday, Dec. 16, it denied a request from the city of Boise, Idaho for the higher court to review the case, which challenges the Ninth Circuit Court of Appeals’ ruling from April 2018. The federal appeals court held that city ordinances barring the homeless from camping in public spaces and parks when no shelter beds have been offered or provided constitutes “cruel and unusual punishment” under the nation’s Eighth Amendment. After the Ninth Circuit Court denied Boise’s request for a rehearing this past April, the city filed its petition for a writ of certiorari with the Supreme Court over the summer, eliciting an influx of support from several cities including San Clemente, Dana Point and San Juan Capistrano, as well as other Southern California municipalities. “San Clemente and many other cities nationwide had supported Boise in its request for review, seeking greater clarity and direction on issues relating to public camping laws,” the city of San Clemente said in a prepared statement. Jeff Ballinger, city attorney for San Juan Capistrano, issued a similar statement, expressing disappointment “since we believe that the Boise decision was wrongly decided.” “However, that decision is now the law of the land,” Ballinger’s statement continued. “Unless and until it is changed, the City intends to follow it as such.” From an enforcement perspective, the Orange County Sheriff’s Department said it “will continue to address homelessness in our jurisdiction by balancing outreach and enforcement.” “Homelessness is a community issue and cannot be solved by law enforcement alone,” OCSD spokesperson Carrie San Clemente Times December 19-25, 2019
The city of San Clemente closed down its outdoor homeless shelter on Avenida Pico just days before the U.S. Supreme Court handed down its decision not to take up the landmark homelessness case Martin v. City of Boise. Photo: Shawn Raymundo
Braun said in a written statement. “We are committed to addressing homelessness alongside city and community partners.” Attorneys representing Boise argued that homeless encampments allowed under the Ninth Circuit Court ruling have “spawned crime and violence, incubated disease and created environmental hazards that threaten the lives and well-being both of those living on the streets and the public at large.” “The consequences of the Ninth Circuit’s erroneous decision have already been—and will continue to be—far-reaching and catastrophic,” the Boise petition stated. “The creation of a de facto constitutional right to live on sidewalks and in parks will cripple the ability of more than 1,600 municipalities in the Ninth Circuit to maintain the health and safety of their communities.” Though Monday’s decision has been a disappointing one for many municipalities impacted by the Boise ruling, city officials in Dana Point and San Juan said it won’t affect their strategies in addressing homelessness. “While disappointing, the decision does not change the City’s strategy to address homelessness, as responding to the number of homeless individuals and families in Dana Point remains a priority,” the city of Dana Point said in a statement. “Dana Point continues to coordinate resources in order to provide services to fulfill the purpose set out by the City in its Community Workplan to Address Homelessness, which is to ‘eliminate the
necessity of homelessness in Dana Point,’ ” the Dana Point statement added. Ballinger wrote in a statement that the city of San Juan Capistrano will continue to focus on ways to ensure that the state’s homelessness problem does not affect the health, safety and comfort of San Juan residents. The city of San Clemente stated it would continue to work within the parameters of the law. “At this point, the City (of San Clemente) and its law enforcement, County, and nonprofit partners will continue to rely on the direction given by the Ninth Circuit in the Martin case,” San Clemente said in its statement. San Clemente Assistant City Manager Erik Sund reiterated that point, telling San Clemente Times on Tuesday, Dec. 17, that the city, along with contractors City Net and Mercy House, will be working to strategize their next steps. For San Clemente, part of that strategizing is continuing to find an alternative location for a temporary homeless shelter as it just closed down its outdoor encampment on Avenida Pico. The Pico lot had seen a steep decline in homeless campers since September, when the city imposed its rule limiting admission to the encampment to people who had ties to San Clemente. The San Clemente City Council voted last week to close the camp, as it was no longer financially viable to operate with only five campers. The County of Orange has seen a
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sharp rise in homelessness, as this year’s Point-in-Time Count showed that Orange County’s homeless population increased by 43% since 2017. According to the report released in late April, there were 6,860 homeless individuals counted in the county—up from the 4,792 homeless individuals recorded in 2017. The Point-in-Time Count is a biennial study in which volunteers help count the number of homeless in their area to determine the county’s indigent population. This year’s count was conducted from Jan. 23-24. Within the tri-city area, the count found 32 homeless individuals residing in Dana Point, 62 in San Juan Capistrano and 145 in San Clemente, 96 of whom were unsheltered. Roughly 58%, or 3,961 of the total homeless individuals counted, were unsheltered, according to the data. This past spring, the three cities, along with the cities of Aliso Viejo and Irvine, were added to a federal lawsuit that challenged their lack of providing the homeless with adequate access to shelters. The suit was dismissed this past August for all the cities except for San Clemente, which had continued to face litigation from homeless individuals and the advocacy groups supporting them. However, the federal court eventually dismissed the case against San Clemente last month. As of press time, attorneys representing some of those advocacy groups that had filed the lawsuit against the cities had not returned calls seeking comment on the Supreme Court’s denial. SC sanclementetimes.com
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NEWS BITES COMPILED BY STAFF
Boys & Girls Club Host Annual Holiday Bikes Event for Kids The Boys & Girls Club of the South Coast Area will be the North Pole again this year, as the organization hopes to help make Christmas wishes come true for 20 deserving children around town. Urban Bicycles Outfitters in North Beach is helping the club out by donating the “elves” who will assemble and deliver the high-quality 20” bikes for boys and girls just in time for the holiday festivities. At around 6 p.m. at the club’s headquarters at 1304 Calle Valle, San Clemente on Thursday, Dec. 19, Urban Bicycle Outfitters and its “elves” will present the bicycles to the kids. For more information, contact the club’s Programs Director, Veronica Vega, by calling 949.492.0376, ext. 16, or emailing vvega@bgcsca.org.
San Clemente Artist Wins National Awards A painting of the San Clemente Pier, entitled “Sunburst” and created by local artist and landscape painter Rick J. Delanty, was recently selected for an honorable mention in the Southwest Art Magazine’s 2019 “Artistic Excellence” competition. The 13 artists who were selected for awards from more than 1,000 submissions worldwide include painters from across the U.S., as well as from Canada, Poland and Greece, according to a press release. The winning paintings were published in the December-January 2020 issue of Southwest Art. Delanty, a signature member of the Laguna Plein Air Painters Association (LPAPA), had a busy year, as he was a finalist in a handful of other competitions. He was awarded first place in the Masters category of the “Art Muse” International Painting Competition in September. This past August, he was also a finalist for the “Gateway International” competition. And, at the Mendocino Paint-Out in Northern California in September, Delanty’s body of work for the week was selected for the “Overall Consistency” award. His paintings were also selected for this year’s National Oil and Acrylic Painters Society’s “Best of America” exhibition in Park City, Utah, in October, and the Western Regional Oil Painters of America exhibition in Santa Fe, New Mexico, last month.
SC Clothing Brand to Host Pop-Up Shop MULCH California, a local clothing San Clemente Times December 19-25, 2019
Skateboarder Isaiah Meadows, MULCH Creative Director Mehr Alejandro, MULCH Cofounder Philippe Zarif, three-time NBA champion Klay Thompson and professional skateboarder Ryan Sheckler gather at MULCH’s pop-up shop on West Mariposa in San Clemente on Friday, Dec. 13. Photo: Courtesy of Micheal Custodio with MULCH
company that prides itself on being a brand that stands for the core values of social responsibility, will host a pop-up shop this weekend on Mariposa near El Camino Real. This past weekend, MULCH had hosted the first part of its pop-up series, which gathered premier athletes such as threetime NBA champion Klay Thompson, pro skateboarder Ryan Sheckler and pro tennis player Taylor Fritz. Founded in 2015 with a vision to make responsible clothes that mattered, MULCH supports local communities and environmental preservation by minimizing its carbon footprint. “We make garments that are designed to be worn time and time again, never going out of style,” cofounder Philippe Zarif said in a press release. “Our ultimate goal at MULCH is to create products with minimum to zero waste.” Zarif notes that MULCH is not a surf brand, but rather an independent fashion house. “Our goal is to help educate people to make better decisions about what they wear, and encourage them to buy less and choose well,” Zarif said in the release. “One easy tip is always read the label, know where your garment is made and what fibers content it has. Avoid polyesters and try to buy natural fibers like cotton and wool.” According to Zarif, MULCH works closely and collaboratively with California and other independent farmers to grow its “Supima” cotton, as well as the people who sew its garments. The company also builds close relationships with its customers and educates them on how to take care of their clothes. “Our product has a lifetime warranty, and we encourage our clients to hold
us accountable to repair their product, giving it a second chance,” Zarif said in the release, adding: “We take pride in responsibly sourced and locally produced garments that will last a lifetime and be handed down to the next generation with pride.” MULCH’s pop-up shop will be located at 100 West Mariposa, San Clemente on Friday, Dec. 20, and Saturday, Dec. 21, from 4-9 p.m., and on Sunday, Dec. 22, from 11 a.m.-4 p.m.
Border Patrol Agents Arrest Mexican National Suspected of Possessing Methamphetamine A 47-year-old man suspected of possessing liquid methamphetamine was arrested by U.S. Border Patrol agents near San Clemente on Wednesday, Dec. 11, the U.S. Customs and Border Protection (CBP) reported. The man, who was determined to be a Mexican national, allegedly disguised the liquid methamphetamine in plastic containers in his car, according to the CBP. At around 10:20 a.m. on Dec. 11, agents initiated a vehicle stop of a Nissan sedan traveling northbound on the Interstate-5 Freeway, according to the CBP. After the vehicle stopped, agents questioned the driver, who had a valid B1/B2 Visitor Visa. With the man’s permission, the agents searched the vehicle, noticing several suspicious looking transmission fluid and coolant containers in the trunk of the car, CBP reported. The contents of the containers were tested and later determined to contain liquid methamphetamine. The meth, according to CBP, weighed
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Community Meetings THURSDAY, DECEMBER 19
ZONING ADMINISTRATION 3-4:30 p.m. The city’s Zoning Administration conducts its regularly scheduled meeting. 910 Calle Negocio, San Clemente. 949.361.8200. san-clemente.org. SATURDAY, DECEMBER 21
CHALLENGING CANCER 10-11:30 a.m. The Challenging Cancer group meets every first and third Saturday of the month at Heritage Christian Fellowship, 190 Avenida La Pata, San Clemente. heritagesc.org.
34.61 pounds and had an estimated street value of $65,759. Both the man and the meth were turned over to the Drug Enforcement Administration, CBP reported. U.S. Border Patrol seized the vehicle. To report suspicious activity to the U.S. Border Patrol, contact San Diego Sector at 619.498.9900.
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SC SOAPBOX San Clemente
VIEWS, OPINIONS AND INSIGHTS GUEST OPINION: Bartlett Bulletin by OC Board of Supervisors Chairperson Lisa Bartlett
34932 Calle del Sol, Suite B, Capistrano Beach, CA 92624 phone 949.388.7700 fax 949.388.9977 sanclementetimes.com
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New Leadership Representation for OC
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his month, I was elected to serve as President of the California State Association of Counties. As the leader of the Urban Caucus, it has been a pleasure serving as a CSAC Officer for the past two years, and I am extremely grateful for the opportunity to be the 2020 president of the organization. This is a big deal for Orange County, because our county has not served in the role of President of CSAC for 70 years. The annual conference is always one of my favorite events of the year, because County Supervisors, administrators, and department heads all come together to discuss the most pressing issues facing each of our counties. One of the best realizations from the conference exercises and workshops is that no matter the geography, population, or location of each county, many of us face a lot of the same issues. Homelessness, natural disaster resiliency, affordable housing and transportation mobility, to name a few, are common issues facing county leaders across the state. The conference provides a great opportunity for us to gain insight from each other on how county leaders are utilizing innovative opportunities to address these issues. I am so excited to continue on this leadership journey with CSAC and look forward to advocating on behalf
of Orange County and the state’s 57 other counties in both Sacramento and Washington, D.C. The critical role counties play is sometimes overlooked, and that is no longer acceptable. The many services we provide our constituents daily is important and necessary, so we need the support from our state and federal leaders to ensure those services are carried out and protected. CSAC has always been a leading advocate in the state capitol, with the governor’s office as well as our legislature. The organization, along with our individual counties, are always educating and THE BARTLETT driving the conversaBULLETIN tion when it comes to By Lisa Bartlett counties and our role serving our constituents. Our story is a very difficult one to tell, which is why we have fallen short on funding and other major policy decisions. As president, it is my goal this year to reverse that mindset of our legislature and governor. I will work closely with our state officials to educate and advocate for what counties deserve. We need more funding for programs and services related to homelessness. We need more
flexibility in our Mental Health Services Act dollars, so we can be innovative and treat our most vulnerable population. We need more support for our court systems and security officers. These are just a few issues I, along with CSAC, will be advocating for this coming year. I want to thank all County of Orange department leaders and staff, including my fellow supervisors and CEO Frank Kim, who have continuously supported my efforts with CSAC and helped me achieve this role. I could not do this work without you. This is a tremendous opportunity for our county to have a greater influence at the state and federal level. I am very honored to have been elected to this role by my County Supervisor colleagues from across the state and look forward to working with each of our counties and CSAC in the upcoming year. I hope everyone has a joyous holiday season spent with family and friends, and Happy New Year. Lisa Bartlett is the chairperson of the Orange County Board of Supervisors. She was reelected in 2018. SC PLEASE NOTE: In an effort to provide our readers with a wide variety of opinions from our community, the SC 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 SC Times or Picket Fence Media. If you would like to respond to this column, please email us at editorial@sanclementetimes.com
OPERATIONS Finance Director > Mike Reed General Manager > Alyssa Garrett Accounting & Distribution Manager > Tricia Zines SPECIAL THANKS Robert Miller CONTRIBUTORS Megan Bianco and Jake Howard
Associate Publisher > Lauralyn Loynes San Clemente Times, Vol. 14, Issue 51. The SC Times (sanclementetimes.com ) is published weekly by Picket Fence Media, publishers of the Dana Point Times (danapointtimes. 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 2019. All rights reserved. Printed in the USA.
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San Clemente Times December 19-25, 2019
AROUND
THE WORLD WITH SC TIMES
(From left) San Clemente High School students Elizabeth Quinlan, Malia Benson and Lance Brown pose with a copy of the San Clemente Times in Xiamen, China last month. Photo: Courtesy of SC resident Jerald Quinlan Traveling to fun and exciting places throughout the world? Bring a copy of the SC Times to take a photo with during your trip and send it to letters@sanclementetimes.com for an opportunity to get featured as an Around the World with San Clemente Times submission. Page 9
sanclementetimes.com
SOAPBOX
Letters to The Editor MIKE LEVIN IS A PATRIOT
beyond. If you’re looking for someone in office in your own local community that embodies patriotism, it’s Congressman Mike Levin.
SCHOOL BOND ISSUE MAUREEN E. REDFIELD, San Clemente
PAUL MURPHY, San Clemente
Patriotism, defined by MerriamWebster as a love for or devotion to one’s country, is one of the most critical aspects of achieving the “American Dream” or at least being part of something bigger than one’s self in the New World. Out of the majority of political leaders serving in office who claim to be patriotic within our own local communities, the only politician in my community of San Clemente that has redefined and greatly expressed such immense patriotism in our troubled times is Rep. Mike Levin of California’s 49th Congressional District. Ever since his election in 2018 and his first term on Capitol Hill in Washington, D.C. this year, Levin, a former environmental attorney, has greatly shown his love and devotion for the marginalized and disenfranchised peoples, as well as our own Planet Earth we call home. Fighting for a livable minimum wage, a right to organize a labor union, as well as collectively bargain and strike, and public investment into necessary infrastructure and engineering projects is patriotic because it is devotion toward the ordinary worker struggling to live and survive. Fighting for divestment from nonrenewable energies, a ban on off-shore drilling, a ban on toxic chemical pesticides, rejoining the Paris Climate Agreement, opposing proposed toll roads, and supporting the Green New Deal are patriotic due to devotion toward a planet suffering from human-made environmental destruction in the form of climate change. Fighting for a woman’s right to choose when and when not to start a family, the civil rights of the LGBTQIA+, the dignity of foreign nationals living in the country, and criminal justice reform are patriotism due to love for people who have been pushed aside in our own sexist, homophobic, misogynist, transphobic, racist, nativist, classist, and xenophobic society, as well as culture. Congressman Levin is the only representative in our community standing up against not only a horrible president, but also a political and economic system that has historically and currently favored the rich and big businesses, as well as radical religious special interests. If he is reelected in November 2020, the fight for progress and justice for all will move onto the next decade and
San Clemente Times December 19-25, 2019
As a resident of San Clemente for more than 55 years, it continues to be my privilege to help maintain the highest quality of education for our youth by voting for school bonds. My sons received an excellent education at San Clemente High School many years ago, and it behooves us to maintain the buildings that have aged. No one would think that if he buys a house, that will be the end of any cost for repairing or upgrading. Conversely, every building needs its constant repair to keep it safe and productive. We are fortunate in San Clemente to have an outstanding public school system, which tries to meet the educational needs of each student. It is our duty, as citizens, to help the school district do this by passing the upcoming school bond.
LETTERS TO THE EDITOR POLICY
Have something you’d like to say? Email your letter to sraymundo@picketfencemedia.com no later than 8 a.m. on Monday morning. San Clemente 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.
Join SC Times for Beachside Chat, Friday, Dec. 20 at 8 a.m., Dorothy Visser Senior Center
Beachside Chat is a spirited, town hall forum on community issues, hosted by SC Times editor Shawn Raymundo every Friday. The chat will be held at Dorothy Visser Senior Center, 117 Avenida Victoria. All are welcome.
CLARIFICATION: In last week’s edition of the San Clemente Times, a clarification ran on page 10 that misstated Jim Bieber’s work history with the Transportation Corridor Agencies. Mr. Bieber, a resident of San Clemente, did work for the TCA more than a decade ago as a consultant. He does not currently work as a paid TCA consultant.
Page 10
SC GETTING OUT San Clemente
YOUR SEVEN-DAY EVENT PLANNER
At the Movies: ‘Richard Jewell’ Not So Much a Cinematic Gem
Photo: Courtesy of Warner Bros Pictures BY MEGAN BIANCO, SAN CLEMENTE TIMES
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lint Eastwood’s latest feature, Richard Jewell, is a frustrating watch. The story of real-life security guard Richard Jewell is interesting and worthy of a movie adaptation. But the combination of Jewell’s incident and Eastwood’s preferences as a filmmaker might not be a perfect match. In 1996, Richard Jewell (Paul Walter Hauser) is a security guard at AT&T’s Centennial Park in Atlanta during the Summer Olympics. While working a concert gig at the park one summer night, Richard notices a bag left unattended under one of the benches. When his first assumption that the bag could be holding an explosive weapon is proven true, he and the rest of the cops around the park successfully get the majority of the concert viewers out of danger before the bomb eventually explodes, killing one and injuring more than 100 others. But only a day after being treated like a local hero for saving many lives, both the FBI and the media label him the top suspect in the crime. Richard Jewell is a lot more antigovernment than it is anti-media despite the accusations going around since its premiere. But, unfortunately, the biggest flaw in the film is still Olivia Wilde’s portrayal of reporter Kathy Scruggs. We see her being crass, flipping off co-workers and using promiscuity to better her career, with low-cut tops and constant bed hair. It feels like her persona is used more as an embellished excuse to make her an outdated antagonist. The characterizations of Scruggs and Jon Hamm’s role are so cartoony and out of place tone-wise that they work against the feature. It’s a shame, because Hauser gives a fine performance, as does Kathy Bates. The real case of Richard Jewell is fascinating and has a lot to say about bias and ignorance, but the screen version is a bit of a missed opportunity. SC San Clemente Times December 19-25, 2019
EDITOR’S PICK Photo: Courtesy of city of San Clemente
FRIDAY, DECEMBER 20: LI’L ELVES WORKSHOP 10:30 a.m.-noon. You better watch out, you better not pout. Playschool is decking its halls for a morning of holiday cheer and excitement. Santa’s elves are in need of extra special help from the community’s tiny tots putting crafts and games together. Children will sing holiday songs, enjoy special guest appearances from Santa’s helpers, make gifts for family and friends, decorate holiday cookies, and many more activities. San Clemente Community Center, 100 North Calle Seville, San Clemente. 949.361.8200. san-clemente.org.
The List
What’s going on in and around town this week COMPILED BY STAFF
HAVE AN EVENT? Submit it to San Clemente Times by going to sanclementetimes.com, and clicking “Submit an Event” under the “Getting Out” tab.
Thursday | 19 LIVE MUSIC AT SWALLOW’S INN 5 p.m. Enjoy music by the California Rangers at the popular downtown San Juan
Capistrano hangout spot. 31786 Camino Capistrano. 949.493.3188. swallowsinn.com. CHAMPAGNE COWGIRL AND WHISKEY COWBOY CHRISTMAS PARTY 5-8 p.m. Hosted by Wildfire Mercantile. Enjoy drinks and chili and learn about line dancing from Marie Kelly. Last-minute holiday shopping is also welcome. 26850 Ortega Highway, K, San Juan Capistrano. 949.240.6770. wildfiremercantile.net. ACOUSTIC THURSDAYS AT BARNOA 7-9 p.m. Live music every Thursday. A rotating cast of Orange County’s most talented musicians play acoustic covers and original music. Enjoy a great wine selection, craft beers, tasty appetizers and Barnoa’s full dinner menu. Must be 21 and older. Barnoa Wine and Craft Beer Bistro. 831 Via Suerte, San Clemente. Page 12
949.388.4378. barnoawinebar.com.
Friday | 20 SANTA’S PHOTO EXPRESS Noon-6 p.m. Bring the kids and your camera for a complimentary photo with Santa Claus in Center Court at Outlets at San Clemente. Capture the magic of the season on the last Friday before Christmas. Outlets at San Clemente, 101 West Avenida Vista Hermosa, San Clemente. 949.535.2323. outletsatsanclemente.com.
Saturday | 21 SOUTH OC CARS AND COFFEE 9-11 a.m. South OC Cars and Coffee is the (Cont. on page 17) sanclementetimes.com
GETTING OUT (Cont. from page 12) U.S.’s largest weekly car meet that attracts a mix of 500-1,000 hypercars, supercars, exotics, vintage, classic, muscle and sports cars, hot rods, rat rods, pickups, 4x4s and motorcycles. No registration is required; spectators are welcome. The Outlets at San Clemente, 101 West Avenida Vista Hermosa, San Clemente. southoccarsandcoffee.com. WILDFLOWER WONDERLAND 9:30-10:30 a.m. Learn about the upcoming wildflower season at Tree of Life Nursery. Learn the best spots to check out spring flowers, how to plant seed mixes and what those will bring into a garden. 33201 Ortega Highway, San Juan Capistrano. 949.728.0685. californianativeplants.com. WINTER WONDERLAND MARKET + MIXER 1-6 p.m. Celebrate the holiday season and mingle with the local San Clemente community at EPIC Yoga’s inaugural Winter Wonderland Market & Mixer. ’Tis the season to skip the crowded malls, avoid long lines and support local makers and artisans. There will be more than 25 makers and artisans, food and festive drinks and a complimentary gift-wrapping station. Free entry to all. EPIC Yoga, 1709 North El Camino Real, San Clemente. epicyogasc.com. 949.558.5111. 2019 ALUMNI LACROSSE GAME 1-4 p.m. Mark your calendars for the annual San Clemente High School boys lacrosse alumni game at Thalassa Stadium. Barbecue will be served following the game. Alumni players and parents are encouraged to attend to share stories and catch up. San Clemente High School, 700 Avenida Pico, San Clemente. sctritonslax.com.
Sunday | 22 FARMERS MARKET 9 a.m.-1p.m. Shop for a wide selection of fruits, vegetables and artisanal goods from organic growers along Avenida Del Mar. 949 361 8200. san-clemente.org. BRUNCH AT RAYA 11 a.m.-2 p.m. A tempting brunch with flowing champagne awaits guests every Sunday morning in RAYA at The Ritz-Carlton, Laguna Niguel. Start with a fresh fruit martini and a selection of pastries, then enjoy a three-course a la carte menu. Cost is $72. One Ritz Carlton Drive, Dana Point. 949.240.2000. ritzcarlton.com/lagunadining. PANNING FOR GOLD 11 a.m.-3 p.m. At Mission San Juan San Clemente Times December 19-25, 2019
Capistrano. Search for gold in a trough. Recurring event. Visit website for more information and cost. 26801 Ortega Highway. 949.234.1300. missionsjc.com. ‘THE NUTCRACKER’ 2:30 p.m. The ballet company Repertory Ballet San Clemente and the San Clemente Dance & Performing Arts Center present its 2019 production of The Nutcracker at Capistrano Valley High School in Mission Viejo. Curtain for the matinee show is at 2:30, with the evening show scheduled for 6:30 p.m. Tickets purchased in advance are $23. Ticket price at the door is $25. Capistrano Valley High, 26301 Via Escolar, Mission Viejo. 949.498.7571. 2019scdpacnutcracker.brownpapertickets.com. MENORAH LIGHTING 4-5 p.m. Celebrate Hanukkah and the lighting of a giant menorah with the Chabad Jewish Center of San Clemente and the Outlets at San Clemente. This free family-friendly celebration will include children’s activities, traditional treats, music and fun. The Oak Tree Court at the Outlets at San Clemente, 101 West Avenida Vista Hermosa, San Clemente. 949.489.0723. tzippy@jewishsc.com. jewishsc.com.
Monday | 23 AN ALOHA CHRISTMAS AT BRANCHES 6:30-8 p.m. Join Branches OC for its annual Christmas Eve service at The Casino. The San Juan Capistrano-based ministry is blessed to spend time together celebrating the season, and after the service you’re invited to hang out with the group for a bite to eat at OC Fresca. Childcare will be available for second-graders and younger during the service. If you have a third-grader or older, they can join you for the main service. The Casino San Clemente, 140 West Avenida Pico, San Clemente. 949.558.2084. branchesoc.com. PTSD WARRIOR GROUP 7 p.m. Warrior Groups are fellowships for combat veterans and their families to share their experiences, testimonies of healing, compassion and hope in overcoming the invisible wounds of war. PTSD Foundation of America-Southern California, 216 Avenida Fabricante, San Clemente. 619.362.0642. ptsdusa.org. BINGO AT GOODY’S 7 p.m. Every Monday, Goody’s hosts a bingo night for a charity of the month. Cards are $1 per sleeve, and raffle prizes are offered. Goody’s Tavern. 206 S. El Camino Real. 949.492.3400. goodystavern.com.
On Stage at The Coach House: Donavon Frankenreiter
Donavon Frankenreiter is performing at The Coach House on Dec. 27-28. Photo: File BY COLLIN BREAUX, SAN CLEMENTE TIMES
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ome Dec. 27-28, Donavon Frankenreiter will perform at The Coach House, a venue where he previously saw performers including Willie Nelson and B.B. King. “I’ve watched a million shows at The Coach House,” Frankenreiter said. “It’s a great place to go to.” Frankenreiter grew up surfing in California, a lifestyle that influenced the sound of his music, and he now lives in Hawaii. He recently released the album Bass & Drum Tracks, the songs on which are exactly what the title describes, instrumental and sparse re-workings of earlier songs mixed in with new tracks. The opening track, “Big Wave,” can feel like it’s slowly creeping up on the listener in the way it builds a pace while maintaining a low-key vibe. The upcoming San Juan Capistrano stop is part of The Record Player Tour, on which Frankenreiter and associate Matt Grundy will play the album live, along with some new songs. “It’s really fun,” Frankenreiter said. “We’ve been looking forward to it.” Frankenreiter said he didn’t know if Bass & Drum Tracks would work as an album and called the experience “kind of nerve-wracking,” since there’s a tendency to go with the natural flow of a song once you start playing one. He wanted to rerecord songs and didn’t want to find the masters of past tracks. He feels the bass and drums are the basis of every song. “I made it for people to jam to. Bass & Page 17
Drum Tracks was a tool we were making to do something new,” Frankenreiter said. Frankenreiter isn’t sure how to describe his music for people unfamiliar with it, saying there are acoustic and electric parts while mentioning he doesn’t like analyzing what he does. One could say his music has an intimate and rustic feel, such as during the song “Woman” from his 2015 album The Heart. “Don’t be a fool, woman, I’m in love with you,” Frankenreiter softly croons on the song. The Coach House, where attendees can have a drink and a meal and be right up close to the stage when musicians perform, is a home away from home for Frankenreiter. He mentioned how the walls are adorned with autographed pictures of other musicians who have performed there in the past. Frankenreiter also recalls seeing Gov’t Mule and Leon Russell at The Coach House. “There’s not anything like it in the area,” Frankenreiter said. “You love to have a room that has incredible history like that.” The Coach House shows will be a kickoff of sorts for The Record Player Tour, because Frankenreiter will head to San Diego County, Ventura County, and elsewhere afterward. Tom Curren and Sidney Bowen will also perform. The two will fit in well with the concert and area, as Curren has experience surfing while Bowen is from Orange County, according to biographies. Visit thecoachhouse.com or call 949.496.8930 for ticket prices and more information. SC sanclementetimes.com
SC SC LIVING San Clemente
PROFILES OF OUR COMMUNITY
GUEST OPINION: Life’s a Beach by Shelley Murphy
The Spirit of Christmases Past, Present and Future
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ike Ebenezer Scrooge, this holiday season I am revisiting my Christmases past, facing the present and glimpsing into the future. When I reflect on past holiday seasons, I remember the cheerful chaos at Christmastime: the exhausting blur of my sons’ school parties and pageants; adorning our house with yuletide decorations both inside and outside; and secretly wrapping shimmering boxes and stuffing stockings late into the night. Reminiscing makes me nostalgic, and this December I’m missing many traditions from Christmases past. I pine for seasonal shopping bags from stores instead of cardboard packing boxes from websites. I pine for photo holiday cards instead of Instagram story videos. I pine for counting down the days to the televised broadcast of Dr. Seuss classic How the Grinch Stole Christmas, instead of streaming it. But, above all, it’s the tradition of magical Christmas mornings that I miss most. When my boys were LIFE’S A BEACH tiny tots, they’d rise By Shelley Murphy before dawn, their eager anticipation making it impossible to sleep. Their unbridled excitement sent them racing from their beds to the top of the stairs, where they’d stop before sprinting downstairs to ravage their stockings and reveal Santa’s gifts. Today, my sons are young adults— not little boys—but every December, I deck the halls with snowmen, Santas and stockings, hoping our decades-old decorations evoke merry childhood memories.
Perhaps my nostalgia is at a peak this holiday season due to my family’s recent tweaking of our traditional celebrations. As a parent of two 20-somethings, I’ve discovered the only constant in their lives is change. As a result, we celebrated my husband’s birthday in the summer, not the spring; we spent Thanksgiving in Las Vegas, not at our home; and we will celebrate Christmas Day on Christmas Eve. My husband’s planned “surprise” birthday trip was announced in April, but we traveled in July due to my younger son’s college calendar and older son’s career demands. And Thanksgiving Day, I didn’t sit down at a table with a turkey—unless I count the blackjack table with the kid who split face cards when the dealer’s hand showed a 3. Adapting to both my boys’ busy adult lives means compromising and redefining our customs and calendars. So, this year, we’re opening our gifts on Dec. 24, not Dec. 25. My older son is required to work on Christmas Day—thanks to a professional sports team making my naughty list. This year marks the first time my family won’t spend Christmas Day together. The unexpected disruption to our annual family tradition is frustrating, but also enlightening. I realized I’ve been living in a jolly world of denial, taking my sons’ holiday presence for granted. It seems unthinkable that I haven’t prepared for this day. In my defense, my sons have always been home for the holidays. When they left for college, they returned to the nest each year. But this year, both my boys are college graduates. They’re entering the next chapter of their lives, and that part will happen away from home. My sons are grown and flown, and they are starting their own traditions.
Local Real Estate By Local Experts Jeremy Conrad Broker, DRE# 01279209 949.542.8348 Jconrad@conradrealestate.com Bill Conrad Broker, DRE# 01461548 949.542.8349 Billc@conradrealestate.com Steve Conrad Property Manager, DRE# 01297404 949.542.8347 Stevec@conradrealestate.com
Adoptable Pet of the Week: Lea SAN CLEMENTE TIMES
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re you looking for a furry little friend? Lea, a 2-year-old chinchilla, would make a great companion. She has a sweet personality and doesn’t mind being handled or brushed. Come meet Lea, as she’s sure to steal your heart. If you would like to know more about Lea, please call the San Clemente/Dana Point Animal Shelter at 949.492.1617 or visit with her at 221 Avenida Fabricante, San Clemente. SC
Lea. Photo: Courtesy of San Clemente/Dana Point Animal Shelter
Sudoku BY MYLES MELLOR Last week’s solution:
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 It’s bittersweet to think of our age-old traditions shifting or stopping. Yet, I know it’s time for me to redefine my rigid belief that our holiday traditions must remain the same as in years past. Like Scrooge, I realize I need to change my ways in the future or risk being branded a holiday humbug. While I cherish the Christmas traditions and merry memories that bond my family together, in the future I’ll try to remember that our treasured traditions were also once brand-new traditions. This Christmas, I’m relishing our family
See the solution in next week’s issue.
memories from the past, celebrating being together in the present, and looking forward to sharing new traditions in the future. Merry Christmas! Shelley Murphy has lived in San Clemente with her husband for the past 21 years, where she raised her two sons. She’s a freelance writer and has been a contributor to the San Clemente Times since 2006. SC PLEASE NOTE: In an effort to provide our readers with a wide variety of opinions from our community, the SC 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 SC Times or Picket Fence Media. If you would like to respond to this column, please email us at editorial@sanclementetimes.com
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• 920 homes have closed escrow in San Clemente so far in 2019, and out of all those sales there was just 1 short sale closing and 7 bank owned foreclosures • Out of the 920 sales in San Clemente for 2019, 78% of the homes reduced the home price at least 1 time during the listing period • Currently, there are 156 active listings on the market, the lowest active inventory in the last 10 years
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PUBLIC NOTICES PUBLIC NOTICE URGENCY ORDINANCE NO. 1682 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING CHAPTER 8.86 OF THE SAN CLEMENTE MUNICIPAL CODE (RELATING TO PUBLIC CAMPING) IN ITS ENTIRETY, REPEALING ORDINANCES NOS. 1673, 1674, AND 1675, AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, as of January 2015, the number of people experiencing homelessness in the United States was estimated at over 564,000, with twentyone percent (21%) of such persons located in the State of California; and WHEREAS, according to data provided by the Federal Department of Housing and Urban Development, California is home to four of the nation’s top ten major metropolitan areas with the largest number of persons experiencing homelessness; and WHEREAS, Orange County is experiencing similar conditions, with significant and increasing numbers of persons currently homeless/unsheltered in Orange County, living in areas not meant for human habitation such as public streets, public and private parking lots, abandoned buildings, vacant lots, and open space areas, public infrastructure facilities, beaches and parks; and WHEREAS, more than half of the individuals experiencing homelessness residing in Orange County are “chronically homeless;” and WHEREAS, the City of San Clemente’s homelessness rates have increased along with those of Orange County at large; and
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WHEREAS, on September 4, 2018, the United States Court of Appeals, Ninth Circuit issued a decision in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031, which restricted the enforceability of anti-camping ordinances under certain circumstances; and
e) Coastal City facilities and their environs were damaged by these encampments, including the grounds of the Ole Hanson Beach Club, a historic landmark built in 1928 and the subject of a recent $5.6 million renovation, and the San Clemente Beach Trail; and
WHEREAS, in light of the Martin decision, on March 19, 2019, the City adopted an ordinance adding Section 8.86.040 to the SCMC providing that “[a]bsent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the provisions of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031.”; and
f) Public defecation and public urination and other unsanitary conditions at these and other public facilities, sometimes in close proximity to open public restrooms, create unsanitary conditions for the occupants of the encampment and visitors; and
WHEREAS, in litigation challenging the City’s camping ordinance, a federal court recently acknowledged that the decision in Martin v. City of Boise, by its own terms, does not suggest that “a jurisdiction with insufficient shelter can never criminalize the act of sleeping outside [and] even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible;” and WHEREAS, the court in the above-referenced federal case held that under Martin, San Clemente “has no affirmative constitutional obligation to provide shelter to individuals experiencing homelessness” and that Martin “in no way dictate[s] to [cities] that [they] must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on the streets . . . at any time and at any place;” and
WHEREAS, San Clemente, along with every city in the region, has struggled to create solutions and has likewise been working with the County and other stakeholders to develop both temporary and permanent solutions to this regional crisis; and
WHEREAS, SCMC Section 8.86.040 currently bars enforcement of the Code’s public camping prohibition where individuals lack alternative shelter, except where, upon a finding of exigent circumstances, the City makes certain City property available for transitional camping for persons suffering the effects of homelessness (hereinafter “transitional camping”); and
WHEREAS, the City has been working actively to develop long-term solutions to the homelessness problem, in conjunction with the County and other stakeholders, to pursue the provision of emergency shelter services and transitional and long-term housing opportunities to address the underlying causes of homelessness, including petitioning the County of Orange to provide shelter and services to this highly impacted segment of its population; and
WHEREAS, against this backdrop, on May 21, 2019, and June 4, 2019, the City Council considered and adopted Ordinance Nos. 1673 [Urgency Ordinance] and 1674 [Standard Ordinance], which: (1) contained findings of exigent circumstances requiring enforcement of the City’s anti-camping ordinances and (2) designated one piece of City property at the City’s public works yard on Avenida Pico where transitional camping is permitted; and
WHEREAS, the City has contracted with various non-profit service organizations to provide outreach, counseling, and other services to the people in San Clemente experiencing homelessness; and
WHEREAS, the City Council adopted Ordinance Nos. 1673 and 1674 because, among other things:
WHEREAS, the City’s climatic, topographical, circulation, seismic, geological, and wildland-urban interface conditions create an increased risk of fires; and WHEREAS, the California Department of Forestry and Fire Protection reports an average of 103 wildfires per year are ignited by illegal open fires, and, several fire departments in California have responded to such fires at, or caused by activities at, unauthorized camping; and
a) Numerous passengers at the City’s major transportation facility at the coastal North Beach Metrolink station expressed concern about their personal safety and uninvited encounters by persons camped at or near the train platform; and b) The City received a grievance from a disabled person claiming that materials from an encampment at North Beach impeded his access to the sidewalk and connected facilities; and
WHEREAS, the City Council of the City of San Clemente desires to take immediate action to address the incidents of homelessness and unsheltered persons residing within the City; and
c) Residents complained that they were being deprived of use and enjoyment of coastal public facilities by virtue of being accosted, threatened, or verbally abused by occupants of encampments; and
WHEREAS, based on the above and other related findings, on February 20, 2018, the City Council adopted Ordinance No. 1650 to amend the San Clemente Municipal Code to add chapter 8.86, Camping, which prohibits camping upon public property, private open space, and fire risk areas; and
d) Occupants of various encampments lacked privacy and quiet due to their adjacency to the railroad tracks and the San Clemente Beach Trail, and large numbers of residents, tourists, and visitors utilizing these coastal facilities for recreation and transportation; and
San Clemente Times December 19-25, 2019
g) Such conditions negatively impact the health and safety of the general public, the physical environment and public facilities of the City, by, among other things: (1) limiting the ability of emergency responders to access and address issues of public safety, including the provision of such services to those persons experiencing homelessness, (2) exposing persons experiencing homelessness to risks in coastal areas from flooding, surf, and unstable soil conditions, (3) impairing access to transit and other public facilities for disabled persons, and (4) impeding the use and enjoyment of such facilities for their intended purpose; and h) The occupants of the North Beach encampment were often perceived to be in a state of confusion or disorientation, which in connection with the close proximity of their encampment to the railroad tracks, exposed such occupants to extreme risks and health hazards; and WHEREAS, following the City’s designation of its public works yard on Avenida Pico as the sole location in the City where transitional camping is permitted, the City has continued to experience issues impacting the health and welfare of the community with respect to homelessness in the City; WHEREAS, notwithstanding these issues, through support and intervention by the City, the County, the Sheriff, and charitable institutions, the City has made significant progress toward reducing the number of persons experiencing homelessness in the City to the point that as of December 3, 2019, the number of individuals regularly camping at the Avenida Pico campground has decreased to fewer than five; and WHEREAS, during this interim, the City has worked aggressively with the County, the Sheriff, and the City’s non-profit partners to (1) explore locations and funding sources for permanent shelter beds for persons in San Clemente experiencing homelessness, (2) find potential locations for the City’s establishment of a long-term transitional camp, if necessary, (3) provide hotel vouchers or campsite vouchers for persons experiencing homelessness in San Clemente, and (4) connect persons experiencing homelessness with transitional housing, family or charitable housing sources, and other assistance; and WHEREAS, continuing to operate the Avenida Pico campground costs the City approximately $30,000 per month; and WHEREAS, given that high cost of operation and small number of individuals regularly camping at the Avenida Pico transitional camp, City resources to assist individuals experiencing the effects of homelessness can be better allocated towards other uses; and WHEREAS, given the foregoing, the City Council desires to close the Avenida Pico public works yard to transitional camping; and WHEREAS, among other things, the City will continue to assist individuals experiencing the effects of homelessness in the City by (1) providing counseling and facilitating transportation for said
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individuals to travel to the homes of friends, family, charitable, or other providers, (2) distributing hotel vouchers where appropriate; (3) facilitating use of publically operated campgrounds designated for that purpose, and (4) identifying a long-term transitional campsite, subject to appropriate general plan and zoning compliance and environmental review. WHEREAS, consistent with Martin v. City of Boise and San Clemente Municipal Code Section 8.86.040 (as revised by this Ordinance), the City will hereafter enforce the public camping prohibitions of Chapter 8.86 by providing or confirming that persons violating those prohibitions have available: (1) transportation to and housing provided by friends, family, charitable, or other providers, (2) shelter in the form of hotel vouchers, and/or (3) paid access to a publically owned campground; and WHEREAS, in circumstances where Martin v. Boise, coupled with the City’s potential inability to facilitate or provide housing or shelter, the City is compelled to allow public camping, this ordinance provides that tents may be erected only between the hours of 5 p.m. and 10 a.m.; and WHEREAS, certain provisions of the ordinance is based upon the City’s experience in operating the Pico transitional camp, which demonstrated that tents could only be erected in that camp between hours between 5 p.m. and 10 a.m. in order to protect the safety of the camp’s occupants. Structures with enclosed coverings constitute a danger to public safety in part because they prevent Orange County Sheriff ’s Department officers and other public safety personnel from observing all areas of and activities on the site, including illegal activities inside the enclosed structures (e.g., alcohol consumption, weapons violations, or drug use). WHEREAS, homelessness continues to remain a dynamic and evolving issue within the City and surrounding region requiring coordinated efforts by the City, the State of California, the Federal Government, and non-profit/private sector partners; and WHEREAS, the City Council finds that the conditions enumerated in the above recitals, the conditions described in the agenda report accompanying this ordinance, and the conditions included in the May 21, 2019 City Council agenda report and accompanying ordinances continue to give rise to emergency circumstances; and WHEREAS, California Government Code section 36937 empowers cities to adopt, by four-fifths vote, an urgency ordinance, which is necessary for the immediate preservation of the public peace, health, or safety; and WHEREAS, for the reasons enumerated above, the adoption and immediate enactment of this ordinance is immediately necessary for the avoidance of additional damage to the City’s park facilities, the preservation of public health and safety, and the prevention of greater health, welfare, and safety risks to people in San Clemente experiencing homelessness and the general public. NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows: Section 1: The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2: CEQA. The City Council finds that this Ordinance is not subject to the requirements of the California Environmental Quality Act (“CEQA”) for the following reasons: A. This Ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines. (See State CEQA Guidelines, § 15060, subd. (c)(3) [“An activity is not subject to CEQA if … [t]he activity is not a project as defined in Section 15378”].) Here, the Ordinance sanclementetimes.com
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is not a “project” within the meaning of Section 15378 because the Ordinance has no potential “for resulting in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment,” as further discussed below. (State CEQA Guidelines, § 15378.)
as a fire risk area. Fire risk areas include, but, are not limited to, areas in or near a very high fire hazard severity zone identified by the City or by the California Department of Forestry and Fire Protection, areas in or near a wildland-urban interface, and areas in or near to a heightened fire rating by the Orange County Fire Authority.
B. In the alternative, and if a project, this Ordinance is exempt under State CEQA Guidelines section 15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 8.86.030 – Camping Procedures, Removal and Recovery of Personal Property.
Notably, the Ordinance will not result in any construction or development, it will not result in increased camping, and it will not result in an increase in the population of unsheltered individuals. To the contrary, the Ordinance will protect the environment by protecting public property and decreasing the risk of wildfires. The Ordinance will require less than five individuals who regularly camp at the Avenida Pico transitional campground to cease their camping activity at that site; this will not result in any adverse significant impact on the environment. As noted above, these individuals already have the option to (1) receive counseling and transportation assistance to the homes of friends, family, charitable or other providers, (2) obtain shelter in the form of hotel vouchers, and/or (3) receive transportation facilitated by the City to publically owned campgrounds. In short, this Ordinance has no potential to result in a direct, or reasonably foreseeable indirect, physical change in the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The City Council, therefore, directs that a Notice of Exemption for this Ordinance be filed with the County Clerk of the County of Orange in accordance with the State CEQA Guidelines. Section 3: The City Council hereby repeals Urgency Ordinance No. 1673 (adopted May 21, 2019), Ordinance No. 1674 (adopted June 4, 2019), and Ordinance No. 1675 (adopted June 18, 2019). Section 4: For purposes of this Ordinance, “Camping” shall mean to pitch or occupy “camp facilities” or to use “camp paraphernalia” as those terms are defined in SCMC Section 8.86.010. Section 5: Chapter 8.86 of the San Clemente Municipal Code is hereby amended in its entirety and restated to read as follows: “Section 8.86.010 – Definitions. For purposes of this chapter and this code, unless otherwise provided by this code, the following definitions apply: “Camping” means to pitch or occupy camp facilities or to use camp paraphernalia; “Camp facilities” include, but, are not limited to, tents, huts, or other temporary shelters. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, non-City designated cooking facilities, or similar equipment. Section 8.86.020 – Camping: Locations Prohibited. Except as otherwise provided by this code or by resolution of the City Council, it is unlawful for any person to engage in camping: A. Upon any land or easement owned, operated, or managed by the City; B. Upon any land for which Title 17, Zoning, the General Plan, or a specific plan designates as private open space and prohibits camping; C. Upon any land designated by the Fire Chief San Clemente Times December 19-25, 2019
A. Except as otherwise provided in this code or by resolution of the City Council, any personal property left for more than 24 hours upon any lands where camping is prohibited by Section 8.86.020 shall be considered abandoned and may be removed or impounded by the City or peace officers. B. Such property may be recovered by the persons who own or have rights to possess it in accordance with procedures established by the City Manager, or his or her designee, or with procedures of the law enforcement agency to which the property is taken by peace officers.
Urgency Ordinance No. 1682 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN CLEMENTE
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Urgency Ordinance No. 1682, the reading in full thereof waived, was duly passed and adopted at an adjourned regular meeting of the City Council held on the 10th day of December, 2019, by the following vote: AYES:
FERGUSON, JAMES, WARD, MAYOR BANE
NOES:
NONE
ABSENT: HAMM IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this 12th day of December, 2019. /s/ Joanne Baade CITY CLERK of the City of San Clemente, California
Section 8.86.040 – Enforcement A. Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the provisions of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter or publically provided campsite is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031. B. In circumstances in which the provisions of this chapter will not be enforced pursuant to Subsection A of this section, tents may be erected only between the hours of 5 p.m. and 10 a.m., daily. Section 6: The City Council hereby enacts this urgency ordinance under section 36937, subdivision (b), of the California Government Code, which allows the City to adopt an urgency ordinance by not less than a four-fifths vote for the immediate preservation of the public peace, health or safety, subject to the findings herein. Section 7: This Ordinance is enacted pursuant to Government Code section 36937 for the immediate protection of the public peace, health, and safety. This Ordinance shall take effect immediately upon its adoption. Section 8: The City Clerk shall certify the adoption of this ordinance and shall cause the same to be posted as required by law. Section 9: If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. Section 10: The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92672. APPROVED AND ADOPTED this 10th day of December, 2019. ATTEST: /s/Joanne Baade ______________ City Clerk of the City of San Clemente, California
/s/ Dan Bane ______________ Mayor of the City of San Clemente, California
) ) ss. )
APPROVED AS TO FORM: /s/ Scott Smith CITY ATTORNEY 55452.01100\32553325.6 PUBLIC NOTICE NOTICE INVITING ELECTRONIC BIDS SAN CLEMENTE MUNICIPAL PIER UNDERSTORY BIRD DETERRENT NETTING PROJECT NO. 18810 Bids shall be submitted electronically through the City’s electronic procurement system (PlanetBids) at: https://www.planetbids.com/portal/portal.cfm? CompanyID=28939 Bids must be received by no later than 2:00 p.m., on January 22, 2020. All bids received after that time will be returned to the Bidder, as they will be deemed disqualified. Only electronic bids submitted through PlanetBids will be accepted. Bid tabulations will be available on PlanetBids immediately following the bid closing. Bidders must complete line items information (PlanetBids Line Item Tab), and attach a paper Bid Form, completed in full and signed (PlanetBids Attachments Tab). In addition the Bidder shall attach Subcontractor(s) Listing, Experience Form, Bid Security, and all other documents required herein (PlanetBids Attachments Tab). The system will not accept a bid for which any required information is missing. The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the plans, specifications and contract documents for the SAN CLEMENTE MUNICIPAL PIER UNDERSTORY BIRD DETERRENT NETTING, in the City of San Clemente, California. The project is mainly to install netting underneath portion of the Pier and Fisherman’s restaurant and other related tasks as identified on the Bid Form and throughout the Project Specifications and Plans. There are numerous dry and wet utility lines underneath the restaurant that MUST be protected in place as part of the Contractor’s responsibilities. Reference is hereby made to these Specifications for further particulars, and same are by such reference incorporated herein and made a part thereof, the same as though fully set forth hereunder. Specifications and contract documents are posted in the City of San Clemente PlanetBids System Vendor Portal website at:
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Complete your required legal or public notice advertising in the San Clemente Times. EMAIL legals@picketfencemedia.com https://www.planetbids.com/portal/portal.cfm? CompanyID=28939 All bidders must first register as a vendor on the City of San Clemente PlanetBids System website to participate in a bid or to be added to prospective bidders list. The contract does call for monthly progress payments based upon the engineer’s estimate of the percentage of work completed. The City will retain 5% of each progress payment as security for completion of the balance of the work. At the request and expense of the successful bidder, the City will pay amounts so retained upon compliance with the requirements of Government Code Section 14402 and the provisions of the contract documents pertaining to “substitution of securities.” NOTICE IS FURTHER GIVEN that the Director of the Department of Industrial Relations, in accordance with Section 1770 of the California State Labor Code and in accordance with the terms of he Southern California Master Labor Agreement, has heretofore established a prevailing rate of per diem wages to be paid in the construction of the above entitled work. The said wage rates are herein referred to and adopted in this Notice as though fully set forth herein, and said scale is made a part of this Notice by reference. Pursuant to Labor Code Section 1771.1, no contractor or sub-contractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or sub-contractor may be awarded a contract for public work on a public project unless registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code, State of California. Bidder shall possess a Structural Pest Control Branch 2 Operator, California State License in good standing, and shall have successfully completed two projects of similar scope for a public agency. The bidder, by submitting its electronic bid, agrees to and certifies under penalty of perjury under the laws of the state of California, that the certification, forms and affidavits submitted as part of this bid are true and correct. The City of San Clemente reserves the right to reject any or all bids. To be published: and:
December 19, 2019 December 26, 2019
__________________________ Thomas A. Bonigut Public Works Director / City Engineer A NON-MANDATORY pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor’s responsibilities. The City’s representatives will be available to address questions. The meeting will initially be held at the San Clemente Water Reclamation Plant, Building N, 380 Avenida Pico, San Clemente, CA 92673, on January 8, 2020, at 10:00 a.m. to be followed with a field visit. sanclementetimes.com
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STATEMENT OF ABANDONMENT OF USE OF FICTITIOUS BUSINESS NAME STATEMENT 20196561102 The following person(s) has (have) abandoned the use of the fictitious business name: SOLID T 8332 COMMONWEALTH AVE. BUENA PARK, CA 90621 The Fictitious Business Name referred to above was filed in Orange County on : 06/20/2017 FILE NO.20176479424 Full Name of Registrant(s): SOLIDARITY 410 LEMON ST FULLERTON CA 92832 This business is conducted by a CA corporation. SOLIDARITY/s/KEVIN MO WONG, CHIEF EXECUTIVE OFFICER This statement was filed with the Orange County Clerk-Recorder on 12/03/2019 Published: San Clemente Times DEC 12, 19, 26, 2019, JAN 2, 2020
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CHOCOLATE/CANDY Schmid’s Fine Chocolates 99 Avenida del Mar, 949.369.1052 schmidschocolate.com
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In accordance with the State of California Government Code Section 40804, each city is required to publish a summary of its Annual Report of Financial Transactions. Following is a summary of Fiscal Year 2019 financial transactions for the City of San Clemente, based on the City Financial Statements.
Business: Water Sewer Other
Program Revenues
Net Expenditures/ (Excess) Revenues
8,638,794 26,110,789 21,390,909 5,891,062 10,179,695 3,663
598,073 2,152,073 8,339,441 3,828,062 4,948,835 -
8,040,721 23,958,716 13,051,468 2,063,000 5,230,860 3,663
19,430,379 14,070,190 4,166,022
21,260,830 11,263,681 5,148,301
(1,830,451) 2,806,509 (982,279)
109,881,503
57,539,296
52,342,207
General Revenues Taxes Investment Earnings Miscellaneous
51,860,939 3,694,620 127,908
Excess/(Deficiency) of General Revenue Over Net Expenditures Beginning Fund Balance/Working Capital
3,341,260 495,640,010
Ending Fund Balance/Working Capital
498,981,270
Shoreline Dental Studio/ Kristen Ritzau DDS, Dr. Colby Livingston 122 Avenida Cabrillo, 949.498.4110, shorelinedentalstudio.com
DIGITAL MARKETING CONSULTING/SERVICES Kelli Murrow Consulting www.kellimurrow.com 949.573.7725
ELECTRICAL Arcadia Electric 949.361.1045, arcadiaelectric.com Braker Electric 949-291-5812 Lic# 719056 Insured
JEWELRY BUCKLEY & CO. 415 E. Avenida Pico #D 949.218.1184, BuckleyJewelry.com
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OTHER STUFF SEEKING LIFESAVER My name is Ken Wilshire. I’m looking for a woman named Diane, who lived in Capistrano Beach in 1994. She was instrumental in saving my life on 11/04/1994. She was approximately 5’6 with reddish hair and a lot of freckles. She also had breast implants. She would now be in her late 50’s or early 60’s. Call with any info (913)850-3308.
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SC LIVING GUEST OPINION: Wellness & Prevention by Lauren Gallegos
Coalition Wishes You Safe Holidays
’T
is the season to be jolly and enjoy all of those holiday parties. It truly is a magical time of year with celebrations and time spent with family and friends. But for some, it can be a tragic time of year. Holiday parties are often flowing with alcohol, leading to a sharp increase in incidences of driving under the influence between Thanksgiving and New Year’s Day. According to Mothers Against Drunk Driving (MADD), in 2018, 1,068 people were killed in drunk-driving crashes across the nation during the holiday season. Last year, San Clemente High School student Adrina Daniels experienced a drunkdriving tragedy. This holiday season, she has chosen to speak about what her family is experiencing. Her story is below: Nov. 18, 2018, 11:42 p.m., the exact
moment the world lost another mother. I was asleep when it happened. When I woke up, the very last thought I could have had in mind was that my mom had passed. I trudged drowsily down the stairs, ready for 7 a.m. water polo practice, already feeling the emotional strain coming from the people who were downstairs. People? Downstairs? My dad told me to sit down, and he explained to me that my mom had died in a car accident overnight. She was hit by a senseless man driving under the influence of alcohol, and the worst part was that it could have been prevented. In honor of my mom’s passing, I started the campaign, “The Cost of WELLNESS AND Influence,” with the hope PREVENTION that I can help prevent By Lauren Gallegos deaths caused by driving under the influence. My senior year, I am making my club that supports this campaign a top priority, and I am determined to educate my community and school about the detrimental effects of driving under the influence. I am aware that some people might disregard what I am saying, and will still make the decision to drive drunk, but I am here to tell you that it’s not right, and it’s not OK. Driving under the influence can
cost people their lives, and ruin families in a second. I know that my story may not affect everyone, but if it changes the life of at least one person, I can say that I have done my job, because one person is one individual choosing to never again drive under the influence, and for me that is enough. Adrina’s story is unfortunately one of many. In the state of California, there are 1,059 deaths due to driving under the influence each year—that is 2.97 deaths per day. Across the nation, an alcoholimpaired driving fatality occurs every 52 minutes, according to the National Highway Traffic Safety Administration. This is not a new problem and no community is immune to it. In 1986, Mothers Against Drunk Driving began the “Tie One On For Safety” public awareness project to remind everyone that drinking and driving don’t mix. “Tie One On,” which is slang for having a drink, is used as a play on words for the campaign that displays red ribbons on car door handles to remind others to not drink and drive. Each year, San Clemente High School students participate in the campaign and tie red ribbons on staff and students’ cars to remind everyone that safe driving is a choice that should be made before the
celebration begins. Adrina’s club, along with the Wellness & Prevention Youth Coalition, will host an event this spring to educate youth on the risks of underage drinking and getting in the car with someone who has been drinking. But she wants adults to know that there are many alternatives to driving after those cheerful holiday parties, a decision that can save a life. Party hosts can offer festive mocktails with tasty ingredients such as pomegranate, ginger and soda water. Partygoers can designate a driver or use ride shares such as Lyft or Uber. Keep in mind that while you might choose to not drink and drive, others still do. Be aware while driving and, if possible, avoid driving after midnight, when the risk for an accident increases. The Wellness & Prevention Center wishes everyone a safe and happy holiday season and thanks Adrina Daniel for sharing her story and contributing to this article. Community Prevention Director Lauren Gallegos leads the Wellness & Prevention Coalition in San Clemente, as well as the Youth Wellness & Prevention Coalition. You can reach her at lauren@wpc-oc.org. SC PLEASE NOTE: In an effort to provide our readers with a wide variety of opinions from our community, the SC 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 SC Times or Picket Fence Media. If you would like to respond to this column, please email us at editorial@sanclementetimes.com
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STORIES, SCORES, SCHEDULES AND MORE
Early Presents Three SCHS football players sign to colleges in early signing period BY ZACH CAVANAGH, SAN CLEMENTE TIMES
T
hree San Clemente senior football players officially made their college choices on Wednesday, Dec. 18, the first day of the three-day early signing period for football, by signing their National Letters of Intent in a ceremony at San Clemente High School. The regular Signing Day is Feb. 5. Safety/receiver Preston Rex signed with Brigham Young University in Provo, Utah, receiver/cornerback Cian Smith signed with Drake University in Des Moines, Iowa, and kicker Cole Thompson signed on to the United States Naval Academy in Annapolis, Maryland. Rex follows the family tradition by signing with BYU. Preston’s older brother, Isaac, just completed his freshman season as a tight end at BYU after serving his Mormon mission in Samoa,
Triton Report BY ZACH CAVANAGH, SAN CLEMENTE TIMES
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Boys Soccer Shuts Out Western Showcase The San Clemente boys soccer team dominated its home tournament and extended its streak of strong defensive performances to open the season. The Tritons, ranked No. 1 in CIF-SS Division 1, captured the Lotto Sport Western Showcase at San Clemente High School by not allowing a goal in all three games of the tournament from Dec. 12-14. San Clemente (5-0) defeated Hawaii’s No. 1 team, Kapolei, to open the tournament on Thursday, Dec. 12 with a strong San Clemente Times December 19-25, 2019
San Clemente senior Preston Rex signed with BYU on Wednesday, Dec. 18 as one of three Tritons signing to colleges in the early signing period for football. Photo: Alan Gibby/Zone57
and Rex’s father, Byron, played tight end at BYU from 1990-92. Rex has gotten things done both ways in his time at San Clemente. This season with the Tritons, Rex led San Clemente in receiving with teamhighs in yards (445), catches (43) and
touchdowns (7), while racking up 53 tackles and two interceptions on defense. For extra measure, Rex finished with a perfect completion percentage: 2 for 2 for 26 yards. As a junior, Rex caught 35 passes for 361 yards and four touchdowns, while
4-0 effort. The Tritons took down California No. 17 Watsonville on Friday, Dec. 13 in a 1-0 win. San Clemente won the title game over CIF-SS Division 1 No. 7 Servite, 1-0, on Saturday, Dec. 14. Senior goalies Carter Fann and Connor Stoll split the games against Kapolei and Watsonville, with each earning a start and playing one half of each game. Fann played the full 80 minutes in the win over Servite. San Clemente has allowed only one goal in five games. Asa Gibson, Nelson Tabarez and Nolan Grush each scored two goals in the tournament. Grush, a sophomore, scored the lone goal over Watsonville, and Gibson, a UC San Diego commit, scored the only strike against Servite. San Clemente hosted Santa Ana on Wednesday, Dec. 18, but results were not available at press time. The Tritons next play on Friday, Dec. 20 to open the South Torrance Holiday Tournament against Bishop Montgomery.
Girls Soccer Runner-Up at Mater Dei The San Clemente girls soccer team continued its hot start with a strong run through the Mater Dei Premier Invitational to move into the CIF-SS rankings.
amassing 43 tackles with four interceptions. Smith continues his career in the Division 1-Football Championship Subdivision at Drake University after coming on defensively in his senior season. Smith was primarily a wide receiver as a junior, contributing 40 catches for 571 yards and three touchdowns. Smith kept that role as a senior, but he also showed off his athleticism by trying his hand at defense and really taking to the cornerback position. As a senior, Smith caught 32 passes for 347 yards and two touchdowns, but he added 25 tackles and two interceptions as a cornerback. Smith also boasts a 4.2 GPA as a true example of a student-athlete. Thompson has been a special-teams standout for San Clemente and will continue kicking for the Navy. This season, Thompson was a perfect 37 for 37 on extra-point kicks and knocked in 9 of 10 field-goal attempts, with his longest at 45 yards. Thompson was also money on his kickoff attempts. San Clemente coach Jaime Ortiz before the season said it was “touchback city,” referring to the frequency of kickoffs Thompson sent to the end zone. As a junior, Thompson hit 48 of 50 extra-point kicks and converted 6 of 8 field-goal attempts. SC
San Clemente boys soccer shut out all three opponents in the Lotto Sport Western Showcase at San Clemente High School from Dec. 12-14. Photo: Zach Cavanagh
The Tritons (5-1-2) went 3-1-1 at the tournament and took runner-up honors to the host Mater Dei on Saturday, Dec. 14. San Clemente opened group play with a win over Foothill, 3-2, on Dec. 11, followed by a scoreless draw against Mater Dei on Dec. 12. The Tritons tied with Mater Dei for the top of the group with a 2-1 win over Northwood on Dec. 13. In the semifinal, San Clemente upset CIFSS Division 1 No. 2 Los Alamitos, 1-0, in the morning of Dec. 14 to advance to the final that afternoon. Mater Dei took the title, 2-0.
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Piper Biolos scored three goals in the tournament, Paige Campbell scored two goals, and Stolie Erickson scored the lone goal over Los Alamitos. The tournament performance snuck the Tritons into the rankings in a tie for the No. 10 spot in CIF-SS Division 1. San Clemente beat El Dorado, 2-1, on Tuesday, Dec. 17, and the Tritons are next in action at Laguna Beach on Thursday, Dec. 19. San Clemente plays in the SoCal High School Classic beginning on Dec. 27 in Oceanside. SC sanclementetimes.com
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San Clemente Times December 19-25, 2019
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SC San Clemente
SC SURF
SC SURF IS PRESENTED BY:
SCOOP ON THE LOCAL SURF COMMUNITY
Cortes on the Mind
A quick look back at the big-wave break 100 miles off the coast of Dana Point BY JAKE HOWARD, SAN CLEMENTE TIMES
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n the early 1990s, surf forecasting pioneer Sean Collins, Surfing Magazine Photo Editor Larry “Flame” Moore and pilot Mike Castillo took a surf trip 100 miles off Dana Point to the Cortes Bank. An undersea mount that rises more than a mile from the sea floor, Bishop Rock, the shallowest part of the bank, is a mere three to six feet below the surface. They were convinced this was the world’s next great big wave break. For the most part, Cortes Bank has served as nothing more than a nautical nightmare over the years. On Nov. 2, 1985, the nuclear-powered carrier USS Enterprise ran aground on Bishop Rock, tearing a large hole in the ship’s hull. But by the mid-’90s, after scouring logbooks and making several recon flights out there, the surf potential of Cortes Bank was obvious. “It opened up a whole new realm,” Collins told me in 2007. “Getting it good was never going to be easy. There are so many variables that are far out to sea, but we saw it as the place where a 100-foot wave could potentially be ridden.” In 1995, Bill Sharp, currently director of the WSL Big Wave Awards, brought a pair of surfers out to Cortes. The conditions were clean and glassy, the surf was about 15 feet—tame by big-wave surfing standards. Armed with the knowledge that
GROM OF THE WEEK: JACK SANSEVERINO BY JAKE HOWARD, SAN CLEMENTE TIMES
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t’s often said that surfing is a “selfish pursuit,” but not if you’re 14-year-old Jack Sanseverino. A freshman at San Juan Hills High, he claimed the Capistrano Valley South High School boys shortboard league title last week, but was quick to share the spotlight. “I want to thank my teammates, my friends in the water, and my coaches,” Sanseverino told the San Clemente Times. “Without them, I wouldn’t have the drive or ability to keep progressing. I would also like to thank my parents for supporting me and helping me with boards, entry fees, rides and all the other stuff that allows me to do this. “And I would like to call out and congratuSan Clemente Times December 19-25, 2019
An early aerial view of the Cortes Bank playing field as seen through the lens of the late Larry “Flame” Moore. Photo: Courtesy of the Surfing Heritage and Culture Center
the wave could actually be ridden successfully, Sharp and company waited while Collins watched the weather. Then, during the winter of 2001, “Storm 15” formed in the Gulf of Alaska. Loading up on the F/V Pacific Quest out of San Diego, big-wave tow surfers Ken Collins, Peter Mel, Brad Gerlach and Mike Parsons, plus paddle-surfers Evan Slater and John Walla, set out to make history. On the morning of Jan. 19, 2001, they arrived at Cortes Bank and were greeted by oil-glass conditions and enormous, halfmile long waves breaking across the reef. Collins, Mel and Gerlach all rode waves measuring in the neighborhood of 50 feet. But Parsons, who grew up surfing Salt Creek, stole the show on his very first ride. Estimated at 66 feet on the face, it
late Lindsey Gattis (a freshman at SJHHS) for winning her girls shortboard league title and Luke Cara (sophomore at SJHHS) for winning the boys longboard league title.” As they say, teamwork makes the dream work. “The surfing community is one like no other, and that it creates a family. When you paddle out at your normal spot, you always see your buddies, cheer them on and have conversations in the water,” Sanseverino said. “This isn’t only for free surfing, however, because at San Juan my surf team is like my brothers and sisters. The bonds that have been created within the team are irreversible, and I believe all of us will stay in contact throughout our lives.” Only 14 years old and already wise beyond his years. Thanks for the inspiration, Jack. Stay epic! SC
won him the first of two Guinness World Records and the Swell XXL Biggest Wave Award prize of $66,000 for the biggest wave surfed in 2000-2001. Meanwhile, Walla and Slater tried to paddle for a big wave and both nearly drowned. Larry Moore photographed from a circling plane, while filmmaker Dana Brown shot from a boat for his surf film Step Into Liquid. “We had no business being in the water on that day,” says Slater. “It was big, but not as big as it could get. It demonstrated to all of us that the place was capable of a lot more.” On Jan. 5, 2008, Parsons and Gerlach returned, this time with big-wave understudies Greg Long from San Clemente and Grant “Twiggy” Baker from South Africa. In one of the worst storms ever recorded
off the coast of California, Parsons was photographed on a wave bigger than his award-winning ride of 2001. Initially estimated to be more than 70 feet on the face, it was later determined to be at least 77 feet, which gave Parsons a second Guinness World Record. “I was sure we were going to die on that trip,” says Matt Wybenga, who shot video of the session. “My footage was useless; the seas were way too big. It was complete chaos. I’m really surprised nobody died out there. There’s nothing around for 100 miles, you’re completely alone out there, and the waves are bigger than anywhere in the world. It was madness.” On Dec. 21, 2012, Long nearly lost his life surfing Cortes. Thankfully, before pushing away from the dock, safetyminded Long made sure that contingency plans were put in place. The preservation of life is a paramount concern, more so than riding the biggest wave, and in the case of Long’s Dec. 21 session, it paid off. After sustaining a wipeout on a 20-footer—a wave ridden alongside McNamara—Long failed to resurface. After being hit by a series of four more waves, he was found by three lifeguards on rescue jet skis. “I began regaining consciousness during the ride back to the support boat we were operating from,” Long said in a press statement after the accident. “I was stabilized onboard the boat by the lifeguards and paramedics who were part of our safety team, and a Coast Guard helicopter was summoned to transport me back to San Diego.” Long has since recovered fully and continues to charge, as well as be an outspoken advocate for the ocean. The past few years have seen bigwave surfing push boundaries like never before, and with winter here, it begs the question, what’s next? SC
SURF FORECAST Water Temperature: 60-62 Degrees F Water Visibility and Conditions: 8-12’ Thursday: Fresh WNW swell moves in with waist to head high waves, (3-5’ faces). Light+ offshore breeze in the morning, turns to light+ WNW winds for the afternoon. Outlook: On Friday, old WNW swell eases into the waist-stomach-chest high zone, (2-3-4’ faces). New NW/WNW swell slowly fills in Saturday, then peaks Sunday with chest to head high surf, (4-5’ faces). Light winds Friday and Saturday, rise from the SSE Sunday. Smaller swell scheduled for next week. For the latest details be sure to visit Surfline.com. Jack Sanseverino. Photo: Courtesy of Sanseverino Family
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