Loading...
HomeMy WebLinkAbout2015-03-17; City Council; MinutesMINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 17, 2015 TIME OF MEETING: 9:00 a.m. PLACE OF MEETING: 1635 Faraday Avenue, Room 173A, Carlsbad, CA 92008 CALL TO ORDER: 9:00 a.m. ROLL CALL: Hall, Blackburn, Schumacher, Wood, Packard INVOCATION: None. PLEDGE OF ALLEGIANCE: None. APPROVAL OF MINUTES: None. PRESENTATIONS: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: None. ORDINANCE FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC COMMENT: None. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 1. AB #21,893 - Discussion and direction regarding Short Term Vacation Rentals (STVR) in the City ofCarisbad. Assistant City Manager Gary Barberio and Senior Management Analyst Steve Didier provided the report and PowerPoint presentation - "Short Term Vacation Rentals". Speakers: Joe Donegan suggested that the city acquire a 24-hour hotline to handle STVR complaints and asked the city to be sure to consider parking issues when developing an ordinance. Floyd Giovdani expressed concern about the city's ability to respond to STVR complaints and also requested council to consider parking issues. Pete Felix, STVR management for Casa Rentals, welcomed an ordinance that would allow for code enforcement. Jay Brown, attorney representing beach homeowners, expressed concern with code enforcement and parking. Mr. Brown recommended that any STVR application include provision to show HOA acceptance of short term vacation rentals. Mr. Brown also recommended that permits be accessible on the city's website, that there be a local contact number provided on the permits, that the fine be more in the range of $500 for violations, and that owners be required to provide neighbors with contact information in the event of violations. Jes Hinrichs opposed STVR in residential neighborhoods. A copy of his email regarding this matter is on file in the Office of the City Clerk. Ann Facon, representing Levyland Estates, read a letter on behalf of owner John Levy. Levyland has been operating since 2005, and provides 75 parking spaces. In 2014 it paid over $30,000 in transient occupancy tax (TOT). The letter was not provided to the City Clerk or City Council. Diane Takayama spoke in opposition to STVR's in residential neighborhoods noting that her HOA has not been responsive to complaints. Stanley A. Terman supports regulating STVR's but would like the wording to specify 28 days instead of 30 days since the month of February should constitute a one month rental. Dana Taylor opposes STVR's in R-l zones and Ms. Taylor read an email on behalf of her sister, Janann Taylor (copy on file in the Office of the City Clerk). Marylou Gibson expressed concern about code enforcement and tracking logistics if an ordinance go into effect. Ms. Gibson also noted her concerns about property values when STVR's exist in a neighborhood and HOA's are not responsive. Maxine Levine stated that older HOA's, including her own, contain no clause restricting STVR's and Ms. Levine would like to see them regulated by the City of Carlsbad. Ms. Levine also suggested that alcohol restrictions be included in the ordinance. George Greco - opposed STVR's. Bill Bowden opposed the STVR ordinance and requested that council consider banning STVR's altogether. Patrick Kellett, real estate broker and property manager with "Vacation in Carlsbad", expressed support of an ordinance regulating STVR's. Jill Agosti stated her concerns that enforcement resources will not be sufficient. Lisa Fore, real estate agent, expressed support for an STVR ordinance. Ms. Fore also noted that parking can be an issue whether a property is a short or a long term rental. Further discussion among the council members concluded with Council Member Wood recommending that fines for violators of the proposed ordinance be substantial in order to be punitive. She recommended that the City of Carlsbad should position staff to provide 24 hour prompt response to enforce the ordinance. Council Member Schumacher noted there appear to be three options: 1) Do nothing. 2) Prohibit STVR's. 3) Allow STVR's with restrictions. He further stated that option three should make it clear that the City of Carlsbad strictly enforce STVR rules, thus the ordinance needs to allow for significant fines and police enforcement. Mayor Pro Tem Blackburn noted that ideally he would like to see no STVR's in the City of Carisbad, but since the Coastal Commission regulations supersede Carlsbad's municipal code, the ordinance must ensure quality of life and protection of our neighborhoods. He further noted that no STVR's should be allowed in non-coastal neighborhoods. Mayor Hall noted that applicants must provide HOA rules to renters and he asked if there is an ordinance that we can model which allows a city to deny STVR's outside of coastal zones. City Attorney Celia Brewer responded that there is some case law that prohibits STVR's in certain areas outside of the coastal zone. City Manager Steve Sarkozy stated that staff would bring the proposed ordinance back to council in late April. ACTION: Report received. 2. AB #21,894 - Parks and Recreation Department Operational Updates. This item is to be rescheduled for a future city council meeting. No date was set. PUBLIC COMMENT: John Byron provided handouts (copy on file in the Office of the City Clerk) from the North Coastal Prevention Coalition and spoke against alcohol being served (with the exception of special events) as a concession at Alga Norte Community Park. Mayor Hall adjourned the meeting for a short recess at 11:03 a.m., and reconvened the meeting at 11:12 a.m. with all council members present. Item # 4 was moved to follow Item #2 4. AB #21,895 - Discussion and confirmation of direction related to the 2015 City Council Goal Setting Workshop. Assistant City Manager Kathy Dodson and Consultant Steve Alexander provided the report (copy on file in the Office of the City Clerk). Discussion to further delineate the council's goals concluded with City Manager advising council that staff would return within 60 days with.the goals fine-tuned. Council Member Wood requested that a regularly updated report containing a timeline of current city projects be distributed to council. City Manager Steve Sarkozy agreed to provide such a report on a quarteriy basis. ACTION: Report received. 3. AB #21,862 - Approval of Resolution No. 2015-042, authorizing a collaborative work effort between the City of Carlsbad and Carisbad Unified School District to develop a Civic Education and Community Engagement Program for youth/teens. Discussion was led by Housing and Services Neighborhood Services Director Debbie Fountain. ACTION: Council directed staff to reach out to local youth/teens to get their input and return with a plan that provides the council with an agenda and a budget. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS; None. ADJOURNMENT; Meering was adjourned at 12:23 p.m. Barbara Eng(e)son City Clerk