January 30, 2014

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EYE ON SC

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LOCAL NEWS & IN-DEPTH REPORTING

SC S a n C le m e n te

SAN JUAN CAPISTRANO A drunken driver of a red Mercedes Benz crashed into the outdoor dining area of the historic El Adobe de Capistrano Restaurant on Sunday, Jan. 19, causing minor structural damage, according to an Orange County Sheriff’s Department spokesman. Three patrons, who were dining just a few feet from the accident, were unharmed, said Lt. Gary Strachan. Authorities were notified of the incident at around 7 p.m. The Mercedes plowed through a metal guard rail, coming to a stop after striking a brick pillar. “The guard rail was wrapped around the front of (the car),” said Chris Ingerson, general manager of the restaurant. “There were three people that were sitting here. If it wasn’t for (the pillar), they would have been hit.” The driver, identified in the sheriff’s blotter as 61-year-old Jose Santiago Brema, was arrested for suspicion of driving under the influence.

DANA POINT

NEWS

NEXT DOOR WH AT ’S GOI N G O N I N OU R NE IGH B O R I N G TOW N S

Nearly a week after the city’s Jan. 15 application deadline for vacation rental permits, speakers from Niguel Beach Terrace urged City Council last week to recognize their applications. The city has so far denied permits in the condo community because the neighborhood’s covenants, conditions and restrictions do not allow vacation rentals, City Attorney Patrick Munoz said. But speaker after speaker contested this, pressing the city to issue permits or lose out on revenues. Munoz said the city’s rental ordinances were structured to give neighborhoods the right to choose, and added that homeowners needed to vet the issue internally. Multiple owners mentioned a recent HOA rule allowing vacation rentals. But with the homeowners association’s CC&R reading, “No owner shall be allowed to lease his unit for hotel and transient purposes,” according to Munoz, that rule is invalid.

SAN CLEMENTE’S TOP 5 HOTTEST TOPICS

What’s Up With... 1

…the Talega CFD Re-vote?

THE LATEST: Talega residents received good news Wednesday, Jan. 22 as the Capistrano Unified School District Board of Trustees decided to refund taxpayers about $17 million from a refinancing of the area’s community finance district—or MelloRoos—between 2014 and 2033. Board members voted in August to keep the Mello-Roos funds for at least one year, citing facilities needs at San Clemente High School. Talega residents, angered by the decision, organized and asked for a rehearing. It was granted last month. Along with a number of residents, San Clemente Mayor Tim Brown urged the board to return the money. He said he understood elected officials were dealing with “an infinite amount of needs and desires” with finite financial resources. WHAT’S NEXT: Residents have also asked the board to re-examine a 2006 refinancing that could provide an additional return. Residents discovered the refinancing should have reduced their tax burden by $4.7 million. Superintendent Joseph Farley said he hopes to provide the refund. Because the 2006 refinancing was passed, it will not require a second vote, but district staff will investigate the motion to determine the prior board’s intent. FIND OUT MORE: For more on the story, visit www.sanclementetimes.com. – Jim Shilander

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…Alpay’s Mello-Roos Recusal?

THE LATEST: Some Talega residents are questioning Capistrano Unified School District Board of Trustee President John Alpay’s recusal decision during a debate San Clemente Times January 30-February 5, 2014

on a recent refinancing of one of the development’s two Mello-Roos community finance districts. Alpay has recused himself at previous board meetings, including the Jan. 22 meeting, saying he was advised by counsel that, as a Talega resident who owns property in the development, his vote could compromise any action taken by the board. Some of the Talega residents who petitioned the board for a rehearing viewed his decision differently. Andrea Ewell said it was clear to her that Alpay should have chosen not to recuse himself. Alpay lives in a portion of Talega not covered by the community finance district in question, she said. “He did not have to recuse himself. He chose to recuse himself,” Ewell wrote in an email. “San Clemente taxpayers were left without representation. John Alpay chose not to represent the taxpayers who voted him into office.” WHAT’S NEXT: Alpay said he was told a vote could be reversed if he had participated. “I was advised by staff that I should recuse myself,” Alpay said in an email. “If I had participated in the matter and the Fair Political Practices Commission later determined that I should not have participated, then the vote would have been null and void and taxpayers would not realize any savings.” FIND OUT MORE: For news updates, follow @S_C_Times on Twitter. – JS

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…the Chamber’s New Home?

THE LATEST: The San Clemente Chamber of Commerce will soon be moving to a new home in the Talega Business Park, chamber President Lynn Wood confirmed.

The chamber’s new offices are located at 1231 Puerta del Sol. Wood said escrow on the building closed Wednesday. Chamber and city staff were engaged in discussions on extending the chamber’s rental agreement at the city-owned building at 11 N. El Camino Real. But chamber leaders decided to make the move and secure the Talega property rather than wait to come to an agreement with the city.

nent U.S. resident was also apprehended. The man was driving a commercial truck carrying cars. Anomalies in two of the cars, both Acura makes, were discovered using X-ray equipment. Agents searched both vehicles and found false compartments in the rear bumpers. The compartments were filled with bundles of currency totaling almost $1.5 million, an agency release said. Both the vehicles and cash were seized by the agency.

WHAT’S NEXT: Wood said the move should be completed by the end of February. Contrary to previous statements, the chamber will continue to serve as the city’s tourism bureau despite its new location. Wood also said that while the location is away from downtown, it is more central to the city’s population.

WHAT’S NEXT: The man in the cocaine bust, vehicle and narcotics were turned over to the Drug Enforcement Agency for prosecution.

FIND OUT MORE: For updates, visit www.sanclementetimes.com. – JS

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…the Border Patrol Busts?

THE LATEST: A pair of busts at the U.S. Customs and Border Patrol checkpoint south of San Clemente led to the seizure of more than $8 million in illegal drugs and cash Friday. U.S. Border Patrol agents seized 670 pounds of cocaine, worth $6.7 million, at the Interstate 5 checkpoint early Friday morning, according to an agency release. The cocaine was discovered after an immigration inspection led to the arrest of a 54-year-old male Mexican national, who lied to agents and claimed he was a U.S. citizen. Agents searched the man’s vehicle and discovered large cardboard boxes, each containing several wrapped packages of cocaine, 53 in all. At approximately 4:30 p.m. Friday, a 27-year-old Uzbeki national and perma-

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FIND OUT MORE: For updates, “Like” the San Clemente Times on Facebook. – JS

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…the Rancho San Juan Apartments?

THE LATEST: The San Juan Capistrano City Council rejected a proposed apartment complex near San Juan Hills High School Tuesday, Jan 21. That rejection may allow for expansion of the school, which Talega children are slated to attend once Avenida La Pata is completed. Residents of the city voiced concerns that students from San Juan Capistrano might be pushed out of the school to allow students from Talega and Ladera Ranch in, since those developments helped fund construction of the facility. San Juan students might then have been forced to attend other surrounding high schools, including San Clemente High School. WHAT’S NEXT: The Capistrano Unified School District Board has expressed an interest in making a move on the property in order to secure space to expand the school. FIND OUT MORE: For updates, visit www. sanclementetimes.com – JS and Brian Park www.sanclementetimes.com


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