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Resident Wants His Beach Parking Tax Money Back

A San Clemente resident and trained tax attorney says the city owes him and hundreds of other residents $750 to $1,500 in fees paid for beach parking that was never built.

A San Clemente resident says the city is legally obligated to give back $9 million in fees it collected to build beach parking that never materialized.

Brad Malamud, who owns an accounting-related business in town and said he was trained as a tax attorney, told the San Clemente City Council at its Tuesday meeting that fees of $750 to $1,500 paid by homeowners east of the I-5 Freeway for homes built after 1988 should be returned.

State law, he said, requires the return of the money collected if no project is built. At the moment, the $9 million is sitting in the city's Beach Parking Impact Fund. The money is reserved for parking at north beach and the Pier Bowl to offset the impact of all the new residents who moved in east of the freeway.

"The city has a legal and moral duty to refund our money," Malamud said. "The money cannot be used for any other purpose, and the studies indicate that no additional parking is required until at least 2035."

He said the city is required to give the money back by June 15, but City Attorney Jeff Goldfarb said that probably wasn't the case because the city had already reserved and allocated it for beach parking, even though there wasn't a project in sight.

"I don't believe as I sit here today that is the deadline for return of the funds," Goldfarb said.

But he said he needed to further study the issue and provide a thorough response to Malamud's 40-plus-page letter outlining the issue, which he sent to the city in April.

Outside council chambers, Malamud said he hasn't retained a lawyer, adding that he thinks he shouldn't have to.

"They should be doing the right thing," he said.

Related: A Parking Garage at the Pier?

Related: Council to Discuss Spending Millions on Beach Parking Expansion

Related: OPINION: Why Spend Money on Parking Studies for Unneeded Lots?

irsh armuk May 16, 2012 at 05:09 PM
Agree 100%. These council idiots took the money to line their own pockets. Nothing has been done !!! The salary has continually increased over the last 5 years and they have >100k bonuses paid to themselves. SOMEONE INVESTIGATE PLEASE !!!!!!!!!
PK May 16, 2012 at 06:55 PM
There is NO NEED for more beach parking here!!!! The beaches are already too crowded. Stuffing them with more people is destroying OUR BEACH. Go home!
Tom Barnes May 16, 2012 at 09:32 PM
The two El Camino Real lots are ideal locations for more beach parking. When the parking from part of the triangle is moved to these lots the Ole Hanson Beach Park can be completed. This would be in accordance with Resolutions 69-70 and 94-55. The opposition to the Ole Hanson Beach Park comes from those who supported the LAB and want commercial, instead of parking, a park, and public use, that was advocated when the triangle and the ECR lots were taken by eminent domain. For more information on the park at North Beach go to olehansonbeachpark.com or northbeachgreenalternative.com
Bill S May 16, 2012 at 11:32 PM
someone took the slide at North Beach. use some of the money to put the kids slide back at north beach.
Lindsey Hanson May 18, 2012 at 04:12 PM
SERIOUSLY! Someone took the slide? Adam can you look into this? What the heck happpened?

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