Year in Review: Some of the Top Stories from 2019 - Dana Point Times

Written and Compiled by Lillian Boyd, Dana Point Times

Every year, Dana Point Times looks back at its coverage throughout year and compiles the top stories that happened around town.

Some highlights include milestones in litigation regarding homelessness, contention on city council, and environmental issues directly impacting Dana Point. Read further for an overview of some of this year’s biggest headlines.

January

The New York Times released names of politicians and power company executives who attended an annual luxury retreat in Maui to discuss how much responsibility utilities deserved for wildfires while the California city of Paradise burned. 73^rd District Assemblymember Bill Brough was one of the elected officials at the retreat. Brough said the retreat was a week of briefings on issues such as utilities, forest management, the state of prisons and education.

Capistrano Beach’s closure continued into the new year after severe weather had caused damage in November 2018 to the boardwalk, basketball court and sidewalk. OC Public Works installed more than 1,000 tons of rocks in place of the boardwalk.

The president, founder and CEO of Holtec International, Inc., Dr. Krishna Singh, Ph.D, defended his company’s response and corrective action on Jan. 9 during a Nuclear Regulatory Commission hearing intended to examine two violations alleged by the commission at San Onofre Nuclear Generating Station (SONGS). It had been discovered that some of the pins that help with helium circulation to keep canister temperatures lower had been bent or broken off. The violations focused more on the fact that design changes to canisters had not been submitted.

On Jan. 15, the City of Dana Point celebrated its 30th birthday.

Freshman Congressmember Mike Levin, who represents South Orange County cities under the 49th Congressional District, started off his term in the midst of a partial federal government shutdown. On Jan. 25, Levin announced that a new task force dedicated to SONGS would be assembled. The objective of the task force was to find ways to get the spent nuclear fuel off the site near the beach.

The Capistrano Unified School District’s (CUSD) legal counsel gave a presentation to the Board of Trustees, explaining how the Transportation Corridor Agencies’ (TCA) proposed 241-Toll Road extensions are likely to negatively impact nearby schools.

February

Homelessness was named far and away the most serious issue in Dana Point according to residents in a survey conducted by a research company for the city.  Residents were asked what serious issues they would like the city of Dana Point to address the most, and homelessness was the top answer with 41%, while overdevelopment and the reduction of sober living homes ranked 12% and 10%, respectively.

Former Dana Point City Councilmember John Tomlinson submitted paperwork indicating his intention to run again for city council in 2020. Tomlinson has yet to confirm or deny his intention to run a campaign. In the 2020 Dana Point City Council Elections, Districts 4 and 5 will be up for election.

Councilmember Debra Lewis accused her fellow councilmembers of being discriminatory while behind the dais at a Feb. 19 council meeting. The accusation followed a verbal altercation stemming from a proposal to restructure how planning commissioners are selected. Lewis filed a complaint against then-Mayor Joe Muller following the meeting.

March

It is reported that Headlands Reserve, LLC Developer Edward Sanford filed a lawsuit for libel against Dana Point Taxpayers Association (DPTA) regarding political mailers sent out prior to the 2018 Dana Point City Council election.

Elementary schools in Capistrano Unified School District (CUSD) no longer offer plastic straws to students beginning next school year.

Orange County Catholic Worker, along with the Emergency Shelter Coalition and Housing is a Human Right Orange County, filed  a federal complaint accusing the South Orange County cities, including Dana Point, of not doing enough to provide shelters to the homeless.

A preliminary court ruling placed Moulton Niguel Water District on the hook for roughly $2 million in delinquent payments related to capital improvement and maintenance costs for the wastewater treatment facility at Aliso Creek.

At the San Onofre Nuclear Generating Station (SONGS), Southern California Edison prepared to get hit with a $116,000 fine by the Nuclear Regulatory Commission (NRC) over violations relating to an incident that occurred while loading a spent nuclear fuel canister in August 2018.

OC Parks had crews demolish and remove the restroom and basketball court at Capistrano Beach after weather and high tides compromised their stability.

April

About a month after Edison was hit with the fine, Rep. Levin toured SONGS, where he announced that he was going to formally introduce legislation that could give priority to the nuclear power plant when it comes to removing its spent nuclear fuel.

Levin said the bill would require the U.S. Department of Energy to consider a set of three criteria when determining which sites to first begin offloading nuclear waste.

With CUSD at the time mulling whether to put a pair of regional bond measures for school facilities improvement funding on the March 2020 Primary Election ballot, a poll was conducted to gauge the San Clemente community’s support.

That poll showed that 54% of the registered voters likely to participate in the 2020 primary election who participated in the survey would support the bond measure. Bond measures must meet a 55% approval threshold to pass.

The biennial Point-in-Time Count was released, showing that Orange County had seen a sharp rise in homelessness over a two-year period, as the homeless population increased by 43% since 2017.

On April 2, in Santa Ana, federal Judge David O. Carter held the first status conference of the hearing regarding a lawsuit submitted against several South Orange County cities by Housing is a Human Right, which alleges those cities, including Dana Point, have not done enough to provide shelter for their respective homeless populations.

City Manager Mark Denny, then-Mayor Joe Muller, then-Mayor Pro Tem Paul Wyatt, city attorney Patrick Muñoz and former Police Chief Lt. Margie Sheehan were in attendance, even though City of Dana Point had not been served. Carter mostly discussed the operations taking place in north Orange County, where cities are spending millions of dollars on new shelters.

Bellwether Financial Group, one of the three groups that make up Dana Point Harbor Partners (DPHP), announced the merger of the harbor’s East and West Marinas into one entity. The entity, now known as The Marina at Dana Point, is now led by Kelly Rinderknecht, whom the partners appointed as general manager.

Orange County Supervisor Lisa Bartlett presented a series of updates on issues pertaining to the 5th District in the State of South County Address & Dinner on April 11 at the Laguna Hills Community Center. Bartlett highlighted homelessness, public safety, housing, infrastructure, transportation and health and human services, in addition to summarizing updates on South County cities specifically.

The Orange County Sheriff’s Department received reports on April 19 of a robbery at Pacific Western Bank in Dana Point. Local resident Rich Holt told Dana Point Times he had been on the phone after dialing 911 during the robbery and witnessed it through the teller window. Holt followed the suspect later identified as Scott Harrison and aided law enforcement in the pursuit. Harrison died later that day from a self-inflicted gunshot wound.

May

Holtec International, the company that makes canisters for the containment of highly radioactive spent nuclear fuel at San Onofre Nuclear Generating Station (SONGS), avoided a $36,250 civil penalty by the U.S. Nuclear Regulatory Commission (NRC). The NRC said it was because the company took prompt corrective actions and no further aggravated actions took place in regard to the shim pin incident.

According to a settlement agreement released on Monday, May 20, Moulton Niguel Water District agreed to pay a total of $4.8 million to settle a lawsuit originally filed in 2017 by Dana Point-based South Orange County Wastewater Authority.

June

Capistrano Unified School District’s Board of Trustees approved the hiring of Dr. Brad Baker on June 12 to lead Dana Hills High School as its new principal. The decision followed former Principal Joshua Porter’s career move to Los Angeles Unified School District as assistant superintendent.

The South County cities named in the federal homeless lawsuit initially filed in February caught a break when a federal judge granted their request to remove Judge Carter from the case.

By month’s end, 73rd District Assemblymember Bill Brough faced accusations of sexual misconduct from several women—including Orange County Board Supervisor and Chairperson Lisa Bartlett.

Bartlett’s accusations stemmed from an alleged incident that had occurred during a retirement party at Olamendi’s Mexican Restaurant in Capistrano Beach in March 2011, when the two were on the Dana Point City Council.

July

South Coast Water District’s Board of Directors held a public hearing on June 27 before certifying the final draft of the Environmental Impact Report (EIR) for the Doheny Desalination Project. It was created to evaluate the possible impacts and mitigation measures of a potential ocean water desalination facility to produce drinking water, in accordance with the California Environmental Quality Act (CEQA).

Southern California Edison (SCE) announced on July 15 that it had resumed placing spent nuclear fuel at the San Onofre Generating Station (SONGS) into its dry storage facility.

SCE also began construction to more than double the size of Wheeler North Reef, a 174-acre, artificial kelp forest, on July 18. The reef is intended to facilitate kelp forests that were lost to warm-water discharge by SONGS. Construction continued through September and will resume in May 2020.

Meanwhile, Dana Point is trademarked as the “Dolphin & Whale Watching Capital of the World,” thanks to Donna Kalez, of Dana Wharf Sportfishing & Whale Watching, and Gisele Anderson, of Capt. Dave’s Dolphin and Whale Safari.

August

California’s largest redemption recycling operator has shut down its remaining 284 locations and laid off 750 employees, including a location behind Ralphs in Dana Point. RePlanet had reportedly closed due to increased business costs and falling prices of recycled aluminum and polyethylene terephthalate (PET) plastic.

Seven South Orange County mayors, including former Dana Point Mayor Joe Muller, called for a countywide approach when it comes to providing the homeless with shelters and other related services, rather than addressing the issue on a regional basis. According to a letter signed by the mayors, the cities are looking to meet with Orange County Board Supervisor and Chairperson Lisa Bartlett while proposing to eliminate Service Planning Areas (SPAs)—the county’s region-based method to offer services for health care and homelessness.

Lt. Kirsten Monteleone, of Orange County Sheriff’s Department, joined Dana Point’s police services on Aug. 30, taking over for Lt. Margie Sheehan. Sheehan now serves as the executive aide to Sheriff Don Barnes.

September

The nonprofit advocacy group Public Watchdogs sued SoCal Edison, Holtec and the NRC for their handling of nuclear waste at SONGS. The group sought a temporary restraining order to “stop the beachfront burial of nuclear waste.”

The Dana Point Chamber of Commerce Board of Directors announced that the Chamber’s president, Bev Jorgensen, would be leaving the Chamber that month.

The Court of Appeals sided with City of Dana Point and upheld an injunction against New Method Wellness, Inc.—a drug treatment facility.

New Method houses some of its patients in three residences (referred to as the Properties) located in residential zones of Dana Point. Dana Point filed a lawsuit against New Method on the basis the Properties were required to be licensed by the State, and without appropriate licenses were unlawfully operating in violation of Dana Point’s zoning ordinance. The court emphasized that operating a business in a residential zone is a violation of the city’s zoning ordinance, and that such a violation is deemed a nuisance for which an injunction can be issued.

The City of Dana Point received the green light to show support for the City of Boise in a monumental court case regarding homelessness.

During the Sept. 17 closed-session meeting for Dana Point City Council, members unanimously voted to join a coalition of California counties and cities in support of the City of Boise’s petition for writ of certiorari with the United States Supreme Court. In the case Boise v. Martin, the Ninth Circuit held that enforcement of anti-camping/anti-sleeping ordinances is unconstitutional when homeless individuals do not have another option for shelter.

The City of Dana Point issued several updates during the month regarding emergency repairs completed at Capistrano Beach—a county-operated beach.

October

A judge denied a SLAPP motion made by the defendants in Sanford Edward’s lawsuit against the Dana Point Taxpayers Association (DPTA). Following Edward’s accusation of defamation against DPTA, the defendants filed a strategic lawsuit against public participation (SLAPP) motion. A SLAPP is a lawsuit that’s intended to censor, intimidate and silence critics by burdening them with the cost of a legal defense. Judge Richard Lee denied the motion in its entirety.

In an Oct. 6 meeting for the Orange County Transportation Authority’s Regional Planning and Highway Committee, staff outlined conflicts it had with the Transportation Corridor Agencies’ (TCA) proposed routes in South Orange County.

Staff highlighted the South County Traffic Relief Effort Project Study Report-Project Development Support (PSR-PDS), which is being prepared and developed by the TCA in cooperation with the California Department of Transportation (Caltrans)—the lead agency. Conflicts included proposals to convert Measure M-funded lanes into tolled lanes. OCTA went on to make its comments formally known during the public-comment period, which closes on Feb. 7, 2020.

Before a crowded room of students, parents and local stakeholders, the Capistrano Unified School District Board of Trustees on Oct. 16, voted unanimously in favor of placing a pair of regional bond measures to upgrade schools on the March 2020 Primary Election ballot.

On the same day, Dan Pingaro reportedly was dismissed from his role as President and CEO of Ocean Institute.

On Oct. 28, the public was invited to celebrate the upcoming 50-year time capsule, which will be located in Dana Point Harbor.

November

An investigator determined that allegations of gender bias and discrimination brought by Dana Point Councilmember Debra Lewis against Mayor Joe Muller were unfounded—a conclusion that Lewis called a sham.

An expanded Dana Point Tourism Business Improvement District is approved by city council to include four resorts (The Ritz-Carlton, Laguna Niguel, Monarch Beach Resort, Laguna Cliffs Marriott Resort & Spa and Doubletree Suites Doheny Beach,) as well as seven other Dana Point hotels, to contribute assessments to fund more emboldened marketing strategies. The common goal set for the 11 hotels in the district will be to put Dana Point on the map as an overnight destination.

About a month after the federal judge had dismissed the homeless-related case filed by advocacy groups against the city, those same organizations filed a separate, but related, complaint with Orange County’s Superior Court.

The City of Dana Point released an update on its legal battle with Capistrano Seaside Inn—a neglected hotel property—on Thursday, Nov. 14.

A receiver was court-appointed for the property per the request of the City of Dana Point after significant nuisance complaints and code violations. City staff attempted to work with the property owner over the course of seven months to bring the property into compliance, but after failure to comply with the city’s requests, the city sought the court’s assistance.

City staff says that,  at this time, plans for the repair of the hotel have been prepared, and building permits are ready to be issued. The plans would result in the restoration of the property in a manner that would preserve its historic characteristics. While awaiting implementation of these plans, the court-appointed receiver has been securing the property to guard against trespassers, and ensure the historical characteristics of the property are not further denigrated. According to the city attorney, the property owner has reneged on the settlement. The next court hearing is scheduled for Jan. 31, 2020.

December

City council appointed Richard Viczorek as mayor and Jamey Federico as mayor pro tem to lead the elected body in 2020.

The U.S. Supreme Court announced that it would not be taking up an appeal to the landmark homelessness case Martin v. City of Boise. In the Boise case, the Ninth Circuit Court of Appeals had ruled last year that municipalities cannot enforce anti-camping ordinances unless adequate shelter space and beds are offered to the homeless.

Public Watchdogs’ lawsuit seeking to halt the transfer of nuclear waste at SONGS was dismissed in federal court, as the judge ruled that the court didn’t have jurisdiction to preside over the case.

The Transportation Corridor Agencies (TCA) and the California Department of Transportation (Caltrans) hosted a community meeting at Ocean Institute in Dana Point on Wednesday, Dec. 4.

The initial stages of the environmental process to study the proposed 241 Toll Road extensions through San Clemente and parts of San Juan Capistrano are officially underway, as Caltrans is now accepting public comment and review of the South County Traffic Relief Effort until Feb. 7.

The City of Dana Point held a public workshop to present the findings of its SLRVA on Dec. 4, which explored a variety of different scenarios and projections. The private coastal engineering firm Moffat & Nichol helped conduct the workshop along with the firm Dudek. The workshop came within a week of the state Legislative Analyst’s Office (LAO) urging for SLR preparation.

On Dec. 18, the U.S. House of Representatives voted to impeach President Donald Trump, with Rep. Mike Levin (D-CA), who represents Dana Point, voting with the majority.

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