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Home My WebLink About1998-06-09; City Council; 14712; Aviara Master Plan-Candace Cohen,- CITY OF CARLSBAD -A&A BILL I 13 y-Jo 9 \ AB# /9,7 /& TITLE: I MTG. 6- 9- 46 REQUEST TO ADDRESS THE CITY COUNCIL REGARDING CITY ATTY. THE AVIARA MASTER PLAN - CANDACE COHEN DEPT. CM CITY MGR??? RECOMMENDED ACTION: .w-177 The Council may receive the comments of Ms. Cohen, discuss issues related to City business, and direct staff accordingly. ITEM EXPLANATION: Ms. Candace Cohen has asked to be allowed to address the City Council on issues related to the recent approval of the apartment project in the Aviara Master Plan. A copy of Ms. Cohen’s letter dated April 13, 1998 is attached to this agenda bill. The City staff will be available to answer any questions the Council may have following the presentation. FISCAL IMPACT: None EXHIBITS: I 1. April 13, 1988 letter from Candace Cohen to the Mayor and Council date: to: from: re: - ._ .:_ w .::__ :I:::::...:‘ 4::i;g;. COHEN WERKS 1604 STARLING COURT CARLSBAD, CA 92009 760.603.1922 FAX 760.603.1942 04.1 3.98 MayorLewis&CuisbadCIiyComcl( candace Cohen future meeting page one of FIVE April 13, 1998 Mayor Claude (Bud) Lewis & Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 760-720-9461 Dear Mayor Lewis & City Council: Thank you for listening to me at your last Council meeting. I would like to respectfully submit a request to be put on the agenda for an upcoming City Council meeting. I understand if this is done, I am afforded your & the Council’s input. Thank you. I also want to give you a little background on where 95% of the Aviara Community is coming from. And hopefully enlighten you and the City Council on past events that have brought us to this standoff between Aviara Land and the majority homeowners. You probably know most of this but I want to familiarize you with the “characters” involved: AMA Board Members as of Januarv 1997: **Pam Whitcomb Emulover: Aviara Land. title Director of Acauisitions **Scott Medansky AMA Position: President eight years Emnlover: Aviara Land. title Chief Financial Officer **Jim Samuels AMA Position: Board Member Emplover: Four Seasons Resort at Aviara, title Director of Marketinq Owns a home in Aviara **Jeanie Fenton AMA Position: Appointed Merchant’s Rep. Emplover: Four Seasons Resort at Aviara, title Assistant to General Manaaer (prior to Four Seasons worked 9 vears for Aviara Land) Owns a home in Aviara AMA Position: Board Member Bob Lang Employer: not employed. An Aviara homeowner. AMA Position: Board Member **at the time of election, the declarant/Aviara Land had substantially more votes than all the homeowners combined. In March 1997 a new AMA Board was elected. Please keep in mind the declaranUAviara Land votes still significantly outnumbered the homeowners voting power. Scott Medansky chose not to run again. 4 . Paae Two March 1997 AMA Board: Pam Whitcomb (See above) Jim Samuels (See above) Jeanie Fenton (See above) Bob Lang (See above) **Dianne Scott Employer: Capener Matthews & Walcher an Ad Agency also an Aviara homeowner. AMA Position: Board Member l *significantly assisted Pam Whitcomb with 1996 Holiday Party and was elected by Pam with declaranUAviara Land votes. In November 1997 Jeannie Fenton resigns (was placed in a position to vote for homeowners but against her employer). December 1997 Claude Chan was appointed to AMA Board: **Claude Chan Employer: retired AMA Position: Board Member *‘Pam Whitcomb did not want to replace Jeannie Fenton’s place on Board. Dianne Scott phoned AMA attorney and found that a homeowner could replace the position. For the FIRST time in Aviara’s existence the AMA Board is legitimately homeowner majority. (The three board members aren’t employed/influenced by Aviara Land or Four Seasons Resort Aviara). Januarv 1998 Dianne Scott receives a phone call from a homeowner, informing her of a City Council meeting (the next night), in which a request for land use change (from high end condo’s to apartments) is being submitted by Aviara Land. Dianne Scott is very alarmed and really doesn’t believe this to be true, she is a AMA Board member and hadn’t hear a word about a request for land use change let alone apartments in past meetings. She phones Larry Clemens and Pam Whitcomb individually to ask what is going on. She does not receive a return phone call from either Larry or Pam. At the City Council meeting, Dianne Scott approaches Larry Clemens about what is going on. Larry Clemens in front of other homeowners proceeds to swear profanities at Dianne. During public comment a rather eccentric minority Aviara homeowner speaks out against the apartments and makes rather “snobbish” remarks about his living previously in Bel Aire/Beverly Hills. Larry Clemens very cleverly picks up on this “advantage” and turns the apartment issue into a “snob” issue. The City Council gives Larry Clemens the green light to proceed. The AMA Board homeowner majority is furious. Pam is put in the hot seat and asked why the AMA Board didn’t know about this. She plays rather innocent and says she didn’t think it would be a big issue. The AMA Board begins to look into the Annexation of Phase Ill. (At this point is when I began searching for the truth) Document #1997- 0387556 which submitted by Aviara Land was carefully reviewed; Supplementary Annexation for Phase III and Administrative Modification of Declaration for Aviara it is noticed that Exhibit “A” RESTATED DESCRIPTION OF OVERALL PROPERTY states: Pacle Three A “Pursuant to the Supplemental Annexation for Phase III and Administrative Modification of Declaration For Aviara (the “Phase III Annexation Declaration”) to which this Exhibit “A” is attached, and in order to implement the benefits of the Protective Covenants set forth in Paragraph C of the recitals thereto, all of the real property located contiauous to one or more of the Planning Areas located within the real property shown graphically on Exhibit “A-l” attached hereto, the annexation of which contiauous property is certified by the Declarant in a Supplementary Certification and Declaration of Annexation substantially in the form attached as... . . . . . . . . . . . . .‘I In essence this page allows Aviara Land the ability to annex in ANY contiguous land outside of the Aviara Master Plan at their whim. Which is a DIRECT violation of our CC&R’s. (Our CC&R’s state, any additional property other than the Master Plan, must go for a 2/3-approval vote of the entire membership) The clincher is there was no “Exhibit A-l” attached to these legal documents as should have been. Februarv 27. 1997 380 Brehm Communities (which isn’t accurate, Brehm Communites no longer exists the name that appears on the Title reports are Brehm-Aviara III Development Assoc.) “builder” votes mysteriously appear in the AMA Summary of Ownership & Voting Allocations. (Has the declarant also become the builder? This would be another violation of our CC&R’s) The AMA Board is very suspect of them and tells AMA legal council of their concerns. There are enough “questionable” votes for Aviara Land to AGAIN control the AMA Board (with the votes two Brehm people could be elected). When Pam Whitcomb was asked about the Phase III budget that should have been available to the AMA Board, her response was, “I am not giving it to you, because you will use it against US”. (this is because the apartments are annexed in at 60% and the Aviara homeowners are going to have to make up the difference) This is also in direct violation of our CC&R’s. Under California Corporate Law, if something is awry, the meeting can be postponed for up to sixty days to resolve the matter. The AMA Board postpones the Annual meeting. An outraged Pam Whitcomb proceeds to tell the community the Annual meeting is still on, Pam holds a meeting with armed guards 3/20 funded by Larry Clemens. A quorum is not reached (they only needed 28 homeowner votes to reach a quorum and couldn’t do it) the percentages are lowered and a meeting is called for the following Fridav 3/27. The war between the AMA Board and Pam begins. 3124 Pam is removed as President of AMA Board. Pam still holds a meeting on 3127 andzts a “renegade” board (without the 800 proxies I personally am holding) at this time until this renegade board has not yet acted upon their misplaced power. (The court couldn’t stop them from meeting, but when they act upon their meeting that becomes another matter). The renegade board calls a meeting (under Pam’s direction), the AMA serves them all with lawsuits. This about sums up the absolute mess here in Aviara. Again, I am begging you to recall and reconsider the application for land use change from the Coastal Commission. Please stop the process until this issue can be VOTED on by the Aviara Community! We are the ones who ultimately will be paying for it, we should be able to vote on it. Please respect our CC&R’s and the over 2100 tax paying registered voters residing in Aviara. Please ask yourself, why is Aviara Land so determined to ramrod this through. And it appears they really don’t want the truth to be known. This is in my opinion, seems to be 6 . Paqe Four - a rather greedy way for Aviara Land to exit our community, only to go up the coast and do it all again. I have read that Larry Clemens doesn’t want to pay for the road, two years after he said he would. Sounds like the situation with the Aviara Sports Club, to me. Make Larry Clemens stop his deceptions to Carlsbad! The Aviara Master Association Board, The Management Company (A. McKibbin & Co.) and AMA Legal Council (Jon Epsten) would be happy to attend the next meeting if you request them to be there. I thank you for your time and am anxious to speak with you again! Sincerely, Candace Cohen 1604 Starling Court Carlsbad, CA 92009 760-931-I 723 7