OCT. 28, 2016
A5
T he C oast News
Cardiff 101, Kook Run agree to settlement Alleged By Aaron Burgin
ENCINITAS — The Cardiff 101 Main Street Association and the organizers of the Cardiff Kook Run have agreed to settle a copyright infringement lawsuit over the use of the likeness of the race’s namesake statue without the association’s permission. Court documents show that a federal judge dismissed the lawsuit on Oct. 24 after both sides agreed to a settlement in September. The details of the settlement arrangement were not available in the court documents. Attorneys for both sides were not immediately available for comment. Cardiff 101 Main Street Association filed the lawsuit in federal court in January, days before the fifth running of the 5K/10K race. The association alleged that race
organizer Steve Lebherz willingly ignored cease-and-desist demands from Cardiff 101 after Lebherz cut ties between the race and Cardiff 101 after nearly four years in late 2015. The association sought $150,000 and attorneys fees. Lebherz, who called the lawsuit “bullying tactics,” said he agreed to stop using the statue’s likeness immediately after the race, but couldn’t stop using it that late in the planning process. Cardiff 101 owns the copyright for use of the likeness of the statue, which is officially called “Magic Carpet Ride,” but is best known by its nickname, the “Cardiff Kook,” and the many pranks associated with the infamous surfer statue. The statue’s creator, Encinitas surfer Matthew Antichevich,
transferred the copyright to the organization shortly after completing it in 2007 to help it raise money for the statue’s maintenance and for other community activities. Cardiff 101 started actively enforcing the copyright in 2013, as the group began requiring entities wishing to use the image of the statue to enter into licensing agreements, which they in turn used to help fund maintenance efforts for Carpentier Parkway. After four races, Lebherz said in 2015 he wrote the association to tell them he wished to partner with another nonprofit organization for the 2016 race, but received an email from association CEO Annika Walden that the group would have to cease and desist from using the Kook likeness on race materials and advertisements. Lebherz said Cardiff 101 said
he would have to pay $10,000 to use the statue’s likeness. He refused and offered to stop using the likeness after the race. Shortly thereafter, Cardiff 101 filed the federal lawsuit. Attorneys for the association n January said that Lebherz was made aware that he was legally required to either enter into another licensing agreement or stop using the likeness. By refusing, he said, he forced the organization’s hand into the lawsuit. Lebherz and the Encinitas City Council recently entered into a memorandum of understanding for next year’s race, which is scheduled for Feb. 5. The agreement calls for the Cardiff Kook Run to provide a benefit to the community equivalent to $4 for every runner in the race.
Encinitas election contributions nearing $200,000 By Aaron Burgin
Council members adopt another urgency ordinance temporarily prohibiting any new short-term rentals from entering the market. The moratorium gives them nearly 18 months to solve the problems but council members said they will repeal it in if a solution is not found by then. Photo by Bianca Kaplanek
Council adopts new short-term rental moratorium By Bianca Kaplanek
DEL MAR — Council members at the Oct. 17 meeting unanimously adopted an urgency ordinance that temporarily bans any new use of a residential property for rent for less than 30 days, essentially allowing an existing moratorium set to expire Nov. 18 to continue for another 500 days. That gives council members about a year and four months to address ongoing problems, but they said they would repeal the prohibition in February 2017 if a solution is not found. “We’re getting to the point where council needs to make a decision on this,” Councilman Dwight Worden said. “It’s tearing us up. It’s tearing the staff up. It’s tearing the community up. “We need to bite the bullet and make a decision,” he added. “(The moratorium) prevents people from doing things that they think they want to do and it also prevents the city and neighbors from enforcing the current rules. … It doesn’t need to go forever.” “The sooner we reach resolutions … the better,” Councilman Don Mosier said. “I think there’s some fundamental disagreements on exactly how to regulate short-term rentals but there is no disagreement on the fact that they’re a prob-
lem and we need to move forward on addressing the problems they’ve been causing for our community.” Mosier said he has been researching how other cities have addressed the situation. “All the solutions that I’ve seen have all the characteristics of a poor compromise,” he said. “They have flaws in them, and I was hoping that Del Mar could somehow navigate into a better solution than any other city has come up with. And I’m finding that that’s a tough goal to reach.” Councilman Al Corti said because Del Mar hasn’t found a solution he and his colleagues had little choice but to adopt the urgency ordinance but he didn’t think they would need another year to solve the problem. “And even if we did I don’ think we should take it,” he said. Property owners have been renting out their homes in the beachside city for decades, especially during the summer and thoroughbred horse racing season. With websites such Vacation Rental by Owner and Airbnb making bookings easier, the practice has become more frequent. Residents have complained that the constant turnover is resulting in traffic, noise, parking and trash
problems and changing the character of their neighborhoods. Property owners support commonsense regulations but say prohibiting them from renting out their homes violates their property rights. Worden and Councilman Terry Sinnott have been working on solutions that include prohibiting rentals of less than 30 days in residential areas or allowing them with regulations. Most council members have said they would approve the practice in residential neighborhoods as long as it is limited to only a few weeks per year. They do not support people buying homes in residential areas with the sole purpose of renting them out as shortterm rentals. According to state law a new moratorium can only be in effect for effective 45 days. After that time it can be extended. On April 4 Del Mar adopted a 45-day moratorium on any new short-term rental properties entering the market. In May it was extended for another six months and would automatically expire Nov. 18. State law also limits to two consecutive years the amount of time a moratorium on the same item can remain in effect.
ENCINITAS — Candidates in the race for Encinitas City Council and mayor have raised a combined $183,000 and are likely to break through the $200,000 mark before the race is over, according to a review of campaign finance reports by The Coast News. In the mayor’s race alone, Catherine Blakespear and Paul Gaspar have raised nearly $74,000 as of Sept. 30, with another round of campaign finance reports due this week. The Nov. 8 election pits five candidates for the council seats held by Mark Muir, Tony Kranz and Lisa Shaffer, who is not seeking re-election, and two candidates for the two-year mayor post being vacated by Kristin Gaspar, who is running for county supervisor. Paul Gaspar, who entered the race in July, reported raising 23,890 during the reporting period between July 1 and Sept. 24, which included $13,890 in contributions from various supporters and $9,225 in loans to his
campaign. His total raised was just higher than Blakespear’s amount for the reporting period, $22,503, which came all from contributions. Blakespear has raised just under $50,000 during the race to date. In the race for council, Phil Graham, who carried over $26,000 from his aborted run for State Assembly, leads all council candidates with about $35,000 in contributions and loans. Of that amount, he raised about $9,700 of it during the July through September filing period — $7,700 in contributions and $2,000 in loans. Councilman Mark Muir raised the most money of the five council candidates during the three-month filing period, reporting $22,319 in total contributions $19,319 in contributions and $3,000 in loans. Councilman Tony Kranz reported raising $19,189 during the same period, and candidates Tasha Boerner Horvath and Tony Brandenburg
kidnapper arrested By Steve Puterski
CARLSBAD — Police arrested a 44-year-old Chula Vista man for kidnapping an Escondido man last week. According to the Carlsbad Police Department, Anthony Henderson allegedly forced a 22-year-old male victim to perform sex acts at gunpoint at a motel on the block of Macadamia Drive in Carlsbad. The victim, however, was able to call police and gave dispatchers a description of Henderson and his vehicle after Henderson left the room. CPD Sgt. Christie Calderwood saw the vehicle travelling southbound on Interstate 5 away from the area with a suspect who matched the description provided by the victim. A felony vehicle stop was conducted on the freeway near Birmingham Drive in Cardiff with assistance from San Diego County Sheriff’s deputies. Three occupants of the vehicle were detained. The resulting investigation determined that one of the vehicle’s occupants was the suspect responsible for the kidnapping. A handgun and other evidence were recovered inside the room where the victim had been held against his will and assaulted. Henderson was booked into the Vista Detention Facility on multiple felony counts, including kidnapping, forced oral copulation and a no-bail felony warrant for violation of parole.
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