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By Jim Shilander

Orange County Superior Court Judge Thierry Colaw ruled Friday that the City of San Clemente must return more than $10 million dollars collected from the Beach Parking Impact Fee fund, collected since 1989 from new development provide new beach parking places, to residents.

Colaw, who ruled against the city in January in the case, formally signed the order of judgment in the case Friday. It is still to be determined if the plaintiff’s in the case will be entitled to collect attorney’s fees as well. A hearing on that motion will be held Friday. The city council has already voted to appeal the ruling.

The ruling requires the city to return the Beach Parking Impact funds as of Aug. 15, 2012, the date the suit was filed, in addition to interest on that amount. The city also has 90 days to compile a list of addresses that paid into the fund, along with the date of and amount of those payments, as well as the name on the last official County Assessor’s property tax list for the address. City staff must compile the list

The repayment to residents will be calculated based on the year and amount of payment, plus interest earned. However, the city will not be required to return funds used for the purchase of the El Camino Real lot between Ichibiri Japanese Restaurant and Kaylani Coffee, where it intends to build a more than 30-space lot using other funding sources. Any other funds paid out before August of 2012 are also similarly exempted.

The decision can be read here:

Beach Parking Court Order

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comments (2)

  • so if the DBA , the pier bowl merchants or the chamber doesn’t get the beach parking funds then no one does,?
    way to go community development , past councils , and coastal advisory along with the ever silent parks and recreation
    I demand that this promised equity in OUR community be replaced
    They gave 65 p spaces to the lab i demand the coneys replace those spaces
    Dear telagens don’t be surprised if the developers receive 90% plus of our stolen funds and you receive zip
    I won’t be surprised that our legal department helped plan this after all its them that didn’t do their home work and fill out some papers that left us vulnerable to this theft , malpractice or conspiracy ? you decide Mr & Miss SAN CLEMENTE

  • The City Council has already decided to appeal the judgement. Not only did the city fail to meet the requirements of the law for a quarter of a century. It illegally spent Beach Parking funds on other items. And, is now driving up legal costs for the city and potentially the fee-payers. It is obvious that the only consistent theme from city hall is hang on to the money at all costs in the vain hope that some developer will arrive whose project it can subsidize. It is readily apparent that the only time city hall came a “smidgeon” close to spending the parking funds was to subsidize a developer with free parking.

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