Local News

December 20th, 2007

Carlsbad Stabbing Suspects Arrested

Three known gang members were arrested last week in connection with the stabbing of a deaf man earlier this month in Carlsbad. Two 18-year old suspects, Jesus Hernandez and Edgar Zepeda, were booked into the Vista Detention Center and charged with attempted murder, violation of a gang ordinance, and conspiracy. A third suspect was only 16 and was turned over to Juvenile Authorities after being charged with violation of a gang ordinance and conspiracy. Reports are that it was the 16 year old that started the problem by throwing a rock at the deaf man.

The victim, Joseph Torres of Oceanside, confronted a small group of Latino men he accused of throwing rocks at his car as he passed. After a short conversation with the suspects, he called police to report the rocks thrown at his car.

While police were en route, another group of about four Latino men approached, he told police. The man's two companions warned him the men were carrying knives, but Torres is deaf and couldn't hear them. One suspect is accused of punching the man in the face then stabbing him multiple times with a four-inch blade before fleeing, Cain said.

Torres was taken to Scripps La Jolla Hospital in San Diego and is still there recovering, Cain said.

Shuttle Service to Downtown Escondido from The Sprnter?

Talk around town and at city hall is that the city may well introduce a shuttle service connecting passengers from the soon to be operational Sprinter light-rail train to downtown Escondido. Such a shuttle, it is said, would not only bolster transit use but increase downtown business as well.

City officials not only seem supportive of the idea but they have begun exploring a special shuttle that would provide such a service.

Officals are said to be interested in a more upscale type shuttle than a simple van or bus. They are checking out various makes and models.

The city of Oceanside spent $18,000 this summer for a large van that traveled between Oceanside Harbor, the city's Municipal Pier and its downtown from Memorial Day through Labor Day. That shuttle operated only on weekends, and vans are typically cheaper than a trolleylike vehicle.

Tom Kelleher, the spokesman. for the North County Transit District, which operates the Sprinter, said ideas like the Escondido shuttle are being encouraged by the transit district because they could help make the Sprinter successful.

Kelleher also said that full-scale passenger service has been delayed until Jan. 13.

Judge says, “No Way, Jose,” to Challenge to Gang Ordinance

A Superior Court judge last week rejected challenges to an injunction imposed on a San Marcos street gang.

The decision means the Nov. 28 injunction that Judge Timothy Casserly placed on the Varrio San Marcos gang remains in effect.

The challenge was raised by Christopher Selena, a Vista man who appeared on his own behalf, and told the judge he wanted his name removed from the list of 93 gang members included in the injunction. When Casserly told Selena that his challenge was rejected, Selena threw his papers onto the floor and began storming out of the courtroom.

“You do anything more like that and you will be going in (to jail) today,” Casserly said.

The injunction prohibits Varrio San Marcos gang members from entering three San Marcos neighborhoods that are believed to be the territory of a rival gang and where clashes had occurred. The affected neighborhoods are Richland, Richmar and the South Rancho Santa Fe corridor.

The injunction also bars Varrio San Marcos gang members from intimidating residents, associating with gang members, carrying weapons, throwing gang signs and wearing gang clothing. Violations carry a maximum penalty of six months in jail and a $1,000 fine.

The court order has had a chilling effect on gang activities, reports the San Marcos Sheriff’s Department.

Escondido’s Business Hotel Finally to Become a Reality?

By the end of 2009 it is expected that the long-awaited, business-class hotel overlooking Interstate 15 probably will be built. This becomes possible, and probable, following the Escondido City Council’s approval of a subsidy of about $1.5 million and minor plan changes.

The hotel, which first was approved in 2005 and envisioned for nearly two decades, will be built along La Terraza Boulevard just east of I-15 and just south of West Valley Parkway.

When the hotel was approved two years ago, no hotel chain had committed to the project. The 105-room, three-story hotel, to be built on 3.4 acres, will be known as La Terraza Springhill Suites by Marriott Hotel.

The council unanimously approved an economic-incentive agreement to help the development. The hotel is expected to generate about $340,000 in room taxes annually. The city has agreed to give back to the hotel 55 percent of that money for each of the next 10 years, or until the total payment has reached $1.45 million.

Tri-City Mulls Annexing Shadowridge

The Tri-City Healthcare District board is considering whether to try to annex Vista's Shadowridge neighborhood into the district.

The district, which administers the Tri-City Medical Center in Oceanside, includes most of Oceanside, Carlsbad and Vista. But some areas, such as La Costa in Carlsbad and Shadowridge, aren't included.

At a recent Tri-City board meeting members directed the hospital's facilities committee to consider the Shadowridge issue and return with a recommendation in January.

Some critics of the hospital's attempts at bond measures have expressed concern that portions of the three cities are outside the district's boundaries.

Last year, two $596 million bond measures were narrowly defeated. They would have raised property taxes to pay to upgrade and expand the Oceanside hospital. The district is developing a plan for a possible third attempt.

Vista Council Gives Itself a Raise

The City Council voted lastweek to raise its pay effective next November, after shifting $838 from one salary category to another.

A state law passed last year sets a $150 limit on the salary that a council member can receive as a member of a city's community development commission.

However, Vista council members were paid $988.69 per month to sit on the commission, in addition to their council salaries.

On Tuesday, the council unanimously approved shifting the $838 difference, boosting their salaries to $1,928.72 a month from $1,090.03 – provided they receive $150 for their work on the commission.

The council then approved a raise, effective in November 2008, bringing their total monthly salaries to $2,121.59.

San Marcos Council Defers Mini-Dorm Decision

The San Marcos City Council has decided to delay a decision on a proposed ordinance designed to prevent houses in residential areas from becoming “mini-dorms.”

The council was set to vote Tuesday night on a proposed rooming-house ordinance that it had approved last month. But council members agreed to wait until January to rule on the matter after a handful of people said the ordinance would unfairly punish all college students for the misbehavior of a few. The city has received complaints about loud parties, trash and public drunkenness in the past six months.

The ordinance would make it illegal for houses to be rented under three leases or more for periods of one month or longer in most single-family residential neighborhoods. Violators may have to pay civil or criminal fines.

A small group of recent college graduates and students at Cal State San Marcos attended the meeting and asked for a delay. Several residents did as well.

Council members were persuaded to postpone acting on the ordinance, with Mayor Jim Desmond dissenting. Desmond said he's working with Palomar College and the university to create a task force, which will include students, law enforcement and residents, to figure out how to deal with complaints about unruly students in residential areas.

Vista May Invoke Eminent Domain To Acquire Land

A condo-commercial proposal before the city of Vista may require eminent domain action if it is to be practical.

A Vista based developer, RA&B Development LLC., seeks to acquire four parcels on North Santa Fe Avenue for an 8.9-acre residential and commercial project. The city has agreed to enter into an exclusive negotiating contract with him. The proposal would, in part, provide for the city selling an adjacent city owned parcel, at market value.

The question of eminent domain comes up when the company says it also is seeking the city's help in buying four properties whose owners have declined to sell, said Jalal Rahman of RA&B.

“We've contacted all of them many, many times,” Rahman said. He had come close to negotiating a purchase with one of the owners but then the property owner backed out. The others, Rahman said, have asked for too much money. “Everyone is holding out thinking they're going to get four or five times what the property is worth,” he said.

The firm's proposed three-story project calls for 315 condominiums and 127,000 square feet of office and retail space. It could also include underground parking. The land is in the city's redevelopment zone, which targets blighted areas.

The city and RA&B have 90 days after the council's action Tuesday to work out a Disposition and Development Agreement that would spell out whether the city would use eminent domain.

Most of the land is vacant, but one parcel is home to a spa retailer, Pacific Coast Spas & Accessories, at 1309 N. Santa Fe Ave.

On Oct. 11, the city notified property owners of the developer's proposal. According to the proposal, RA&B has been trying to acquire the five parcels for about two years.

Without them, Rahman said, the project would have to be scaled back and could be financially infeasible.

New Beach Front Hotel Won't Face State Fee

A luxury beachfront hotel long planned for Oceanside dodged a bullet yesterday when the California Coastal Commission voted to approve a city plan to allow the hotel to proceed.

The commission, meeting in San Francisco, rejected its staff's recommendation to charge a special fee on new construction, such as the hotel, that would pay for affordable accommodations along the coast. The fee, which might have been levied on the developer or the city, would have amounted to $3 million.

Already, the city is providing a $27 million subsidy to the $187 million hotel that S.D. Malkin Properties wants to build across from the municipal pier. The city has agreed to the subsidy because the project is considered a key ingredient in massive redevelopment plans.

The fee would have been levied against any project in the coastal area that included a particular type of timeshare or condominium-hotel. Approving the fee could have set a statewide precedent.

Commissioner Ben Hueso of San Diego said Oceanside is different from upscale communities along the coast because the city has plenty of affordable accommodations and is looking to remove downtown blight. The commission defines “affordable” as costing less than $100 a night.

“The big picture is that they ruled for Oceanside,” Mayor Jim Wood said by phone after the meeting. The presence in San Francisco of all five council members and the city manager conveyed the importance of the issue to the commissioners, Wood said.

“Oceanside is going forward. After 30 years, we got our hotel,” Councilman Rocky Chavez said by phone.

Jeremy Cohen, vice president for S.D. Malkin Properties, was not quite as upbeat. Malkin has proposed building a 289-room, four-star hotel, 47-room boutique hotel and 48 “fractional” timeshares on Pacific Street between Seagaze Drive and Pier View Way.

“I'm pleased they saw that it would be unfair to have the fee,” Cohen said. But he warned there are still several conditions to be negotiated.

For instance, there's a requirement that the hotel and time share be under the same ownership. That and other conditions “present difficulties,” Cohen said.

Cohen said he'll be working with the commission's staff to iron out those problems, but he doesn't know whether those issues will delay completion of the hotel, now scheduled for spring 2010.

“We don't even know yet what the process will be” for negotiating with the commission's staff, Cohen said.

The city had asked the commission to approve amendments to Oceanside's local coastal plan, a document that outlines development regulations for the coastal strip. The amendments allowed a limited number of fractional time shares and condo-hotels, relatively new methods of financing hotel development.

With fractional timeshares, owners usually buy a longer amount of time than a traditional timeshare. A condo-hotel owner has title to a unit, but can stay only for a restricted period before it can be rented as a hotel suite.

Commissioners have been concerned that the time shares and condo-hotels are residences that limit visitors' hotel options and access to the coast.

Other coastal cities have been considering similar projects. Last night, the Solana Beach City Council considered banning several forms of condo-hotels.

The state commissioners voted to keep a fee for adding rooms to existing motels or hotels. That requirement confused Oceanside officials, but Peter Douglas, the commission's executive director, promised to work out the details later.

Those voting for the requirement said they wanted to keep existing hotel rooms from turning into condominiums.

Street-Tree Ordinance OK'd by council

The Vista City Council approved a controversial street-tree ordinance last week.

The ordinance makes residents responsible for maintaining trees in the public right of way in front of their homes. It was unanimously approved with a policy that could give financial assistance to some residents who have large trees in front of their homes.

Under the ordinance, residents will need to obtain permits to plant or remove trees in the right of way. City officials have said Vista spends about $116,000 annually maintaining about 1,600 trees and can't afford to care for the 17,000 trees in the city's right of way.

Drilling and Testing of 2 Wells completed

The San Diego County Water Authority has completed drilling and testing two wells that could help decrease Oceanside's need for imported water, the authority said yesterday.

The 18-inch-diameter wells, near state Route 76 and Foussat Road, will draw water from a basin about 130 feet beneath the San Luis Rey River. The groundwater is about three times saltier than water that the authority imports from the Colorado River and Northern California, so the city will purify it at a plant about a half-mile away.

Oceanside pumps and treats 2 million gallons of groundwater a day, and the new wells can triple that output.

Production is down because of a chemical contaminant in the water, 1,2,3-trichloropane, and the city will install filters to remove it.

The new wells are expected to go into operation in early 2009. After they do, groundwater will fill 20 percent of Oceanside's daily needs.

Assault Charges Dropped Against Oceanside Bishop, Son

Charges against an Oceanside bishop and his son, who were accused of beating a man unconscious over a golf ball that fell into a pond, were dismissed Thursday morning. Bishop Michael Babin, 52, of Oceanside's Genesis Ministries International and his son, Gabriel Babin, 24, said their prayers have unveiled the truth about the Feb. 17 incident and they have been vindicated.

The two were charged with assaulting Jason Jennings with a deadly weapon and assaulting him with enough force to cause great bodily harm at the Oceanside Municipal Golf Course. The incident occurred when Babin's golf ball fell into a pond about the same time as a golf ball from Jenning's group.

When Babin and Jennings went to retrieve the balls, Babin accused Jennings of stealing his ball. A melee ensued, during which Babin's friend, Ruchell Robinson, 35, went to help Babin. Jennings was kneed in the head and lost consciousness, according to police reports.

Robinson was charged with assaulting Jennings along with the Babins. Thursday morning, he pleaded guilty to a misdemeanor charge of assault with force likely to cause great bodily harm. He was originally accused of felony assault.

Because of his clean record, he was sentenced by Judge Michael Kirkman to three years of informal probation and ordered to perform 15 days of public works service.

Prosecutor Paul Myers said that testimony during a preliminary hearing held to determine if there was enough evidence to try the three men showed that the prosecution would not be able to prove beyond a reasonable doubt that the Babins assaulted Jennings.

“The truth came out in court,” Babin said outside the courtroom.

He added that, despite being 6-foot-10, he suffers from kidney failure and diabetes and could not have had the strength to attack Jennings.