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RPC Agenda 2013-11-20 - Staff Report
COMMISSION STAFF REPORT DATE: September 25, 2013 TO: Honorable Chairperson and Commission Members FROM: Tim Kelsey, Recreation Manager SUBJECT: PRIVATE BENCHES ON THE PUBLIC BEACH SUMMARY OF REQUEST: That the Commission reviews the issue of private benches on the public beach and provides a recommendation to the City Council. BACKGROUND: In April 2013 staff received a complaint regarding benches permanently erected on the beach along the southerly end of the City's coast line adjacent to Seal Way. On May 2, 2013 a courtesy notice was mailed to the residents along Seal Way between the 1001 to 1639 block. In summary, the notice informed residents that the placement of benches, volleyball poles and nets and similar recreational items were not permitted on a permanent basis and to remove such items within 7 days. At the May 13, 2013 City Council meeting, a number of residents spoke during oral communication asking City Council to allow the benches and volleyball poles to remain. As a result, the City Council requested staff to review the section or the Municipal Code that governs encroachments on the beach and return with a report. On June 24th, 2013 the City Council instructed staff to prepare an ordinance amendment that permits City installed volleyball poles to remain and allow residents to place benches on the dry sand as long as the benches were removed each day at sunset. At the meeting on July 22, 2013, Municipal Code Amendment 13-7 amending Title 9, Chapter 9.05 was introduced to the City Council. The code amendment was presented as follows: "A. No person shall erect upon the city beach an umbrella or tent that • • . • - . • - . . • • - - Page 2 does is not . : : • - . • - - . . - fully exposed to public view on at least 2 sides. B. No person shall an-erect a permanent-volleyball-pole, table, fire ring, umbrella, bench, garden or any similar non temporary encroachment upon the beach •• : •• - Temporary encroachments shall be removed each day at sunset." During the July 22, 2013, meeting a number of residents voiced concern about the proposed ordinance. Do to the concerns of residents the City Council moved to send the issue to the Recreation and Parks Commission for increased study, public in-put and to provide a recommendation to the Council. The following items were highlighted as areas of increased study: 1. Encroachment permits 2. Table dedications 3. City installed and maintained tables 4. Maintenance outlined 5. No action RECOMMENDATION: That the Commission review the issue of benches on the public beach and provide a recommendation to the City Council. Attachments: A. Agenda Staff Report from June 24, 2013 B. Agenda Staff Report from July 22, 2013 C. Correspondence From Residents erpEA(e� AGENDA STAFF REPORT —� `\rq�`F RN PJ J DATE: June 24, 2013 TO: Honorable Mayor and Members of the City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: SEAL BEACH MUNICIPAL CODE PROVISION REGARDING ENCROACHMENTS ON THE BEACH (Deaton) BACKGROUND In April 2013, staff received a complaint regarding benches permanently erected on the beach along the southerly end of the City's coast line adjacent to Seal Way. Staff inspected the beach area and noticed that several benches were erected along the dry sand of the beach; and the majority of the benches were secured with above ground concrete footings, chains and commercial grade cable wires. (Refer to Attachment A.) Since staff was not able to identify who erected the benches, a courtesy notice (refer to Attachment B) was mailed on May 2, 2013 to the residents along Seal Way between the 1001 to 1639 block. In summary, the notice informed residents that the placement of benches, volleyball poles and net and similar recreational items were not permitted on a permanent basis and to remove such items within 7 days. Subsequently, staff received several emails and written correspondence from residents asking that the volleyball poles remain. Some residents have contacted the code enforcement staff and stated they will comply with the code provisions. At the May 13, 2013 City Council meeting, a number of residents spoke during oral communication asking City Council to allow the benches and volleyball poles to remain. As a result, the City Council requested staff to review the section of the Municipal Code that governs encroachments on the beach and return with a report. DISCUSSION §9.05.025(B) of the Seal Beach Municipal Code entitled "Encroachments" reads as follows: Agenda Item B "No person shall erect a permanent volleyball pole, table, fire ring, garden or any similar non temporary encroachment upon the beach without obtaining written authorization from the city manager." Staff contacted neighboring coastal cities to determine if they allow benches on the beach. The following table includes the cities contacted and their responses. Coastal Cities Survey Response Dana Point Does not allow encroachments on the beach Hermosa Beach Does not allow encroachments on the beach Laguna Beach Does not allow encroachments on the beach Long Beach Does not allow encroachments on the beach Newport Beach There is a certain part of the coastline still owned by the City and allows benches. However, in the remaining coastline area benches are not permitted. Currently, the Coastal Commission has issued citations to those residents in violation of the Coastal Act by placing benches and other permanent items in the sand. The Coastal Commission is requesting the City to address this matter. Manhattan Beach Does not allow encroachments on the beach but is currently experiencing the same issue. Staff has preliminarily identified the following issues that might arise if the City amended the applicable Municipal Code regulations: 1) Effective management of encroachments would require a more formalized encroachment permitting process given that the number of encroachments would be potentially unlimited. 2) Standards would be necessary to determine what types of encroachments (by kind, location, and time) would be consistent with public safety and access to the beach. 3) Enforcement of the City's standards would become an ongoing concern to ensure that encroachments are maintained. 4) Permitting encroachments might be characterized as "development" for purposes of the Coastal Act (see Public Resources Code § 31106), which might trigger a requirement for coastal development permits. 5) Permitting encroachments might violate the Tidelands Lease Agreement between the City and the State Lands Commission. 6) City approved encroachments might require compliance with ADA (Americans with Disabilities Act) standards regarding handicap access. Page 2 CONCLUSION There are several practical and legal issues that should be analyzed before the City Council considers a Municipal Code amendment to existing regulations. If the City Council determines a Municipal Code amendment warrants further analysis, staff will coordinate with the City Attorney's office and return with a report to the Council at a later date. I BMITTED BY: NOTED AND APPROVED: \A. AP f��aillr° Ji j Basham, R. Ingram, City ager Di -ctor of Community Development Attachments: A. Photographs of benches along the beach via Seal Way B. Courtesy Notice Page 3 • • • • v1 • • - _- • • r'�,•..d .*: ':+'T, _. ;"'•`may' _• a::�,.s:.. - `��,7,.-tq� tf _ _ -' .n ,,.s : ..•' rr'' ....v�' •::w6•1.:41:4•F....:7-1••_,.:......-Y "12 :.4. '- = ,:i=v .` ' �. C;•.'- -. ,..,.Y, a -�. " _ • _ •: ':.:J' :N3p 4 :-• . a.. . .�,1r C>t� "" " '. .u:%y i `%d:�� .'Rc_v°i ....�•'a:' .:r a�''?• 'i :r..- a• , i� w '„y:i'Ti .:;55,41:4 :2-7•••- � ;,�,•n,• A / /w� .• }� A.. 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'�T 4apt f ! v4, 1 'l :4.,_- 1-_-.-f ' - x >xy N "�r y9 71-.-5-77.:i..-1/2.•- . �.CT a ' t! ti G M, F -*T' 1 �,t'` 4 i -•- Jyy 2 a 5",;,''' a 1• • - -,r. • w7-'.i via: '. eyr 1� - • i • _ L• City of Seal Beach, 211 8th Street ME a IEl� Seal Beach, CA 90740 ®® 562-431-2527 NOTICE OF VOLUNTARY CODE COMPLIANCE—ENCROACHMENTS INTO PUBLIC BEACH Dear Resident, The City of Seal Beach is involved in a comprehensive effort to maintain and improve the character and aesthetic quality of our public beaches and public rights of way within the community by working with residents to ensure compliance with all City regulations. This letter serves as a request for voluntary compliance and a reminder of the Seal Beach Municipal Code relating to encroachments on the beach. A recent inspection of the beach along Seal Way revealed that permanent benches, tables, volleyball nets and similar items have been placed on the public beach. An excerpt of the Seal Beach Municipal Code relating to encroachments is provided below for your reference. Seal Beach Municipal Code Section 9.05.025.6: Encroachments. No person shall erect a permanent volleyball pole, table, fire ring, garden or any similar non-temporary encroachment upon the beach. As a reminder, all personal items must be removed from the public beach. Please remove the items within 7 days from the date of this letter. A follow-up inspection will be conducted and any remaining items left on the public beach will be relocated to the City Yard for pick up. If you have no personal items on the beach, please disregard this letter. If you have any questions regarding this letter, feel free to contact the Seal Beach Code Enforcement Division at 562-431-2527 x 1342. Will Chen Code Enforcement Officer DATE: May 2, 2013 C 5EA( @F• AGENDA STAFF REPORT DATE: July 22, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: MUNICIPAL CODE AMENDMENT (MCA) 13-7 — REGARDING ENCROACHMENTS SUMMARY OF REQUEST: That the City Council introduce Ordinance No. 1631 approving Municipal Code Amendment 13-7 amending Title 9, Chapter 9.05 regarding encroachments on the beach. BACKGROUND AND ANALYSIS: At the meeting of June 24, 2013, the City Council instructed staff to bring back an ordinance that permits the City installed volleyball poles to remain on the dry sand of the beach and add provisions to allow benches and similar encroachments on a temporary basis. Chapter 9.05.025 of the Municipal Code currently prohibits certain encroachments onto the beach. The Ordinance amendment would permit volleyball poles that have been erected by the City on a permanent basis to remain and all other encroachments must be removed by sunset of each day. The City Council also discussed omitting the City Manager's authorization to permit encroachments. Therefore, staff included both Sections A and B of 9.05.025 for consistency purposes relating to encroachments. Section 9.05.025 of the Seal Beach Municipal Code entitled "Encroachments" is amended as follows: "A. No person shall erect upon the city beach an umbrella or tent that • . . - - • does is not - : : - - • . - • • - - fully exposed to public view on at least 2 sides. Agenda Item 0 B. No person shall an-erect a permanent-volleyball--pole, table, fire ring, umbrella, bench garden or any similar non temporary encroachment upon the beach without-obtaining • - .: - . - .. _ - . : - . Temporary encroachments shall be removed each day at sunset" ENVIRONMENTAL IMPACT: This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,"CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in compliance with the requirements of CEQA. LEGAL ANALYSIS: The City Attorney has reviewed the draft ordinance and approved it as to form. FINANCIAL IMPACT: There is no immediate financial impact to the City as a result of the proposed action. RECOMMENDATION: That the City Council introduce Ordinance No. 1631 approving Municipal Code Amendment 13-7 amending Title 9, Chapter 9.05 regarding encroachments on the beach and direct staff to schedule a second reading of the same. 11:MITTED B NOTED AND APPROVED: itt : la ettlark s. fBas am V IF R. Ingram, City V ager ector of Community Development Attachments: A. Ordinance No. 1631 Page 2 ORDINANCE NUMBER 1 631 AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING MUNICIPAL CODE AMENDMENT 13-7 REGARDING ENCROACHMENTS THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Municipal Code is hereby amended by the addition thereto of a new Section 9.05.40.025 entitled "Encroachments"to read as follows: "A. No person shall erect upon the city beach an umbrella or tent that •- - - --- . - -• does is_not apply to-umbrellas-ortents that arc fully exposed to public view on at least 2 sides. B. No person shall as-erect a permanent-volleyball pele, table, fire ring, umbrella, bench, garden or any similar non temporary encroachment upon the beach -- •_ ... . Temporary encroachments shall be removed each day at sunset." Section 2. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the day of , 2013. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE }SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 22nd day of July , 2013 and was passed, approved and adopted by the City Council at a regular meeting held on the day of , 2013 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: t • . And do hereby further certify that Ordinance Number 1631 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk Tim Kelsey From: Jim Basham Sent: Wednesday, September 04, 2013 8:33 AM To: Tim Kelsey Subject: FW: Beach Furniture Removal From: ellervdeaton @gmail.com Imailto:ellervdeaton©gmail.coml On Behalf Of Ellery Deaton Sent: Monday, July 22, 2013 12:52 PM To: Jim Basham Cc: Jill Ingram; Linda Devine Subject: Fwd: Beach Furniture Removal For the record... Ellery Forwarded message From: Sonya Branson <branson.sonya@a gmail.com> Date: Mon, Jul 22, 2013 at 12:44 PM Subject: Beach Furniture Removal To: sealbeachdistrictl @ a,gmail.com, sloandistrict2(a�verizon.net, gorsha@a,aol.com, gmillersealbeachca.gov, mike4gail@yahoo.com Dear City Council, I am a 17 year property owner and resident of 1619 Seal Way. I strongly urge you to enforce the city code that prevents the storage of personal property on our beach. Currently we have several miscellaneous old tables and benches littering our beach. What's next couches, mattresses, mobile homes? Residents should be allowed to store their property on their own property and take them out on the beach when in use. Honestly, when how often do you see the tables, chairs, currently littering our beach in use? No often. Perhaps 1-5 times a year at most. Instead currently they litter our beach 365 days a year and collect weeds and trash beneath them. Residents can easily make the effort to set any table, chairs, umbrellas, etc out on the beach the day they intend to to use them and remove the same day. Allowing them to remain overnight only allows the beach to be public storage for a limited few. Furthermore, not only are the benches, chairs, umbrellas et al an eye sore to'ou public beach, but they decrease property values as junk furniture is often the type left out and increase city liability when a visiting child decides they make a convenient jungle gym. Sincerely, Concerned Seal Beach Resident 1 Sonya Branson 1619 Seal Way 562-596-8100 2 Tim Kelsey From: Jim Basham Sent: Wednesday, September 04, 2013 8:32 AM To: Tim Kelsey Subject: FW: Beach Furniture From: ellerydeaton@gmail.com fmailto:ellervdeaton@gmail.coml On Behalf Of Ellery Deaton Sent: Friday, August 16, 2013 9:28 AM To: Jill Ingram Cc: Linda Devine; Jim Basham; Tim Kelsey Subject: Fwd: Beach Furniture Dear Jill, Mr. Myer would like his letter included as part of the public record and staff report for the Parks and Recreation Commission meeting on the benches. Hopefully all the other letters we have received will also be included. Thank you, Ellery Forwarded message From: Richard Myer <rmyer99(c�msn.com> Date: Fri, Aug 16, 2013 at 7:31 AM Subject: Re: Beach Furniture To: Ellery Deaton <SealBeachDistrictl(cr�pmail.com> Yes you can use my message to you. Thank you for responding quickly upon your return Richard Sent from my iPhone On Aug 15, 2013, at 9:56 PM, "Ellery Deaton" <SealBeachDistrictl @a,gmail.com> wrote: Dear Richard and Nedene, Good to hear from you! This issue will be going to Parks and Recreation Commission so.they can hear testimony from all interested parties. May I submit your letter to them? I've asked them to look at five things: 1. City Tables 2. Keeping Private tables with permits 3. No tables at all 4. Insurance issues 5. Maintenance issues 1 Parks and Recreation will listen to all sides and make a recommendation to the City. If it is okay with you, I will submit your letter to the City Clerk to become part of the staff report on the item. Thank you for writing; I will let you know when this item is ready to come to Council. Please feel free to go to the Parks and Recreation Commission to let them know your viewpoint. For these public meetings to work, all viewpoints must be heard or they get skewed. With your permission I will submit your letter. Sincerely yours, Ellery Ellery On Mon, Aug 12, 2013 at 11:28 AM, Richard Myer<rmyer99( msn.com> wrote: I haven't had the opportunity to contact you since we met at Jim's house prior to your election. This morning my wife and I went for a walk down the boardwalk and I felt that I had to get involved. The issue of people putting their personal private items on our public beach should be out of the question. When does the City allow anyone to permanently put private tables, chairs, tarps etc., at any public park or other City controlled open area? Isn't there a City code or ordinance that prohibits that? We have only been here since 1988, newcomers compared to many. But we know what is right and what looks good. On today's walk, on the beach we saw old wooden chairs, a sun tarp, picnic benches, some with wood and some with plastic chairs and it looked real trashy. I can remember a few years back when Joe (frame shop on Main St.) and his wife started putting pots of plants in front of their house on the sand. First 10 plants, then 20,then 40 and up until the City made them remove their private garden from our beach. This will end up the same way. And if the City does not act, how about the liability issue? What happens when someone, like kids, get hurt jumping or falling off of this private furniture that was allowed to accumulate on our beach? If the City feels that benches and chairs are needed on the beach,then do the same thing you would do at a public park. Buy them, maintain them and take responsibility for them. Until then, please clean this mess up by getting everything private off of our public beach. Thank you, Richard and Nedene Myer, 112 11th street. 562 598-4543 2 Tim Kelsey From: Jim Basham Sent Wednesday, September 04, 2013 8:31 AM To: Tim Kelsey Subject FW: Benches From: Jill Ingram Sent: Thursday, July 18, 2013 8:22 AM Cc: Quinn Barrow; Linda Devine; Jim Basham; Jan Sledge Subject: FW: Benches Council, below is an anonymous email I received regarding benches on the beach. Given that this is an agenda item for the July 22nd Council meeting(Item 0), please do not reply to this email. Please feel free to call me,Quinn, or Jim Basham if you have any questions. I will provide a hard copy of this email in the newsletter as well. Jill R. Ingram, City Manager City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1300 For Information about Seal Beach, please see our city website: http://www.sealbeachca.qov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.Thank you. I was reading in the Sun that the city counsel was reconsidering their decision to band the individually owned picnic tables and chairs. I understand that you had many people at the counsel meeting complaining about the band but this was a loosely organized group of just those affected. I really think the larger picture must be kept in mind. Specifically that would be what is best for our city. There are far more reasons to band furniture than to allow it. Let me list a few: 1. This is a public beach and no part of it belongs to the home owners and/or renters. 2. Periodic cleaning of the sand is needed but the furniture blocks this from happening. 3. Some of the furniture is in very poor condition. How do you enforce any kind of an appearance or safety standard? 1 4. If you allow anybody to place furniture on the beach where does it stop? Maybe somebody on the hill, or Electric Avenue would like to have their private spot too. 5. Once private owners can use the public beach for their own personal use why not have gardens on the sand? And when they sell their homes they can advertize "with private on-the- sand patio"? 6. I think the beach looks better without the assortment of junky furniture. The furniture is mostly used on the weekends so it's just an eye sore during the week. In the fall and winter it's seldom used at all. At first these concessions seem harmless but they have a way of growing and setting a president. The solution as I see it is to only allow removable tables and chairs. Each evening they must be removed from the beach. This opens the beach up to everyone and allows everyone an equal chance to set up their party table for the day. The ones who have their furniture out there now can still have their parties in front of their homes but they would have to clean it up at the end of the day just like any other beach goer. You may share these thoughts with other members of the counsel but I would prefer not to publish this letter as I have friends on the beach. Anonymous 2 • Tim Kelsey From: Jim Basham Sent: Wednesday, September 04, 2013 8:30 AM To: Tim Kelsey Subject: FW: Anonymous Letter- Benches on the Beach From: Jill Ingram Sent: Thursday, July 18, 2013 8:25 AM Cc: Quinn Barrow; Linda Devine; Jim Basham; Jan Sledge Subject: Anonymous Letter - Benches on the Beach Council, below is an anonymous email I received regarding benches on the beach. Given that this is an agenda item for the July 22"d Council meeting (Item 0), please do not reply to this email. Please feel free to call me, Quinn, or Jim Basham if you have any questions. I will provide a hard copy of this email in the newsletter as well. Jill R. Ingram, City Manager City of Seal Beach -211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1300 3 c')Y 'o For Information about Seal Beach, please see our city website: http://www.sealbeachca.qov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.Thank you. We are delighted that Seal Beach is finally enforcing Municipal Code Section 9.05.025B as per the letter dated 5/2/2013. The personal items on our beaches such as tables and volley ball nets serve as a magnet to folks creating loud parties with drinking and leaving piles of trash. And for dogs - the tables serve as "fire hydrants". Many tables are poorly maintained and unsightly, destroying the aesthetic quality of our beautiful public beaches. Most important is the issue of health, hygiene, and cleanliness. These personal tables, nets, etc. obstruct the tractors, equipment, and personnel attempting to keep our beaches clean and sanitary. Instead of beautiful clean sand, we have islands of trash, weeds, and animal excrement. The number of tables and personal items on our public beach has snowballed in recent years as folks discover there is no enforcement of our municipal code. Do we wish to return to the days when Seal Beach was know as "TIN CAN BEACH"? In the unfortunate even that the "table people" prevail, we believe control, licensing, and oversight by the city is in order. A license plate (motorcycle type of plate) must be affixed to each personal structure on our public beaches and a permit be issued to the owners of such 1 structures. Weekly or monthly inspections of any such structure for cleanliness, weeding and proper maintenance must be performed and citations issued. The expenses inherent in this program would be covered by an annual fee (i.e. $500.00 for example) paid by each licensed owner. As long time residents of Seal Beach we hope the existing law will be enforced and this blemish on our community will be removed or regulated. Yours truly, Proud property owners and residents of Seal Beach 2 Tim Kelsey From: Jim Basham Sent: Wednesday, September 04, 2013 8:30 AM To: Tim Kelsey Subject: FW: Benches on the Beach From: Jill Ingram Sent: Friday, July 19, 2013 7:54 AM Cc: Quinn Barrow; Linda Devine; Jim Basham; Jan Sledge Subject: Benches on the Beach Council, below is another anonymous letter received last night regarding benches on the beach. Given that this is an agenda item for the July 22" Council meeting (Item 0), please do not reply to this email. Please feel free to call me, Quinn, or Jim Basham if you have any questions. 1 will provide a hard copy of this email in the newsletter as well. Jill R. Ingram, City Manager City of Seal Beach -211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1300 f For Information about Seal Beach, please see our city website: http://www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.Thank you. I've given the "furniture on the sand" issue a great deal of thought. One of the suggestions you mentioned was for the city to buy the furniture. I like that idea. We could purchase however many is required and have them all the same. I think the best tables to get would be round ones that would seat 8 people and are made out of smooth concrete. The 4 bench seats are also smooth cement and bolt to the main pedestal that supports the table top so they can not be moved or relocated. The advantages of the concrete picnic set are many. It is very durable and virtually unaffected by weather making maintenance very:low. They are harder to vandalize than wood or plastic models. Being concrete they will stay were ever the city places them as they are 1-piece units and, hopefully, too heavy for people to move around. This is good as we don't want people dragging them all over the beach or relocating them to be right in front of their homes. Because we want them to remain public I think they should be placed a little further out on the sand, say 20 feet or so, and not directly in front of the homes and apartments on the 1 boardwalk. If this idea is adopted it should be accompanied by a city ordinance that prohibits private furniture from remaining on the beach overnight. This seems like a good compromise to me. I think these larger tables with attached seating would solve the problem. 2 Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 9:40 AM To: Tim Kelsey Subject: FW: Benches/picnic tables on the beach From: Don Rounds fmailto:dldancin @roadrunner.comj Sent: Saturday, September 07, 2013 9:47 AM To: rozbixCa@verizon.net; laurensosenkogmail.com; carlawatson @verizon.net; schellvs@aol.com; croowel1223@gmail.com Subject: Benches/picnic tables on the beach Greetings, My wife and I would appreciate your consideration in deciding to allow the long-time tradition of the picnic tables on the beach in Seal. We live on the Boardwalk and have many wonderful stories of people, both residents and visitors, enjoying the benches on their visit to our beach. For those who like to walk the boardwalk but have to rest occasionally, it is a great benefit to be able to take a break in their walk. Everyone who owns benches are very happy to share them with whomever uses them. We have many families, young couples, neighbors and others who find themselves having their lunch or gatherings on the benches and it would be a shame to eliminate those fellowship possibilities. Seal Beach is a very friendly community and the benches add to that welcoming atmosphere. Thanks, Don & Linda Rounds dIdancin@roadrunner.com 1 • Tim Kelsey • From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 9:40 AM To: Tim Kelsey Subject: FW: Benches/Picnic Tables on Beach From: Kim Shearer Jmailto:kshearer3 @verizon.netl Sent: Tuesday, September 10, 2013 9:36 AM To: rozbix @verizon.net; laurensosenko@gmail.com; carlawatson @verizon.net; schellvs @aol.com; croowel1223 @Qmail.com Subject: Benches/Picnic Tables on Beach I am for the benches and picnic tables on the beach and would appreciate it if Parks and Recreation would consider/investigate options that would allow them to remain on the beach. I have always considered them an enhancement to the charm of Seal Beach, and appreciate the owners that owner's maintain them. I plan on attending your September 25`", meeting. , Thank you, Kim Shearer 1307 Ocean Avenue Seal Beach • t Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 9:41 AM To: Tim Kelsey Subject FW: Benches/Picnic Tables on Beach From: lana mabe fmailto:lanamst©hotmail.comj Sent Tuesday, September 10, 2013 10:08 AM To: Kim Shearer Cc: rozbixCalverizon.net; laurensosenko@gmail.com; carlawatson@verizon.net; schellys@aol.com; crpowell223ea gmail.com Subject: Re: Benches/Picnic Tables on Beach I would like to toss in my support for keeping our picnic tables and benches along Seal Way! It is always nice to see people enjoy them as I do when I walk by them daily! To those opposed, there are a lot of other lovely places to live and you can give up the sand,ocean and picnic tables to some one who will appreciate them! I have been a resident of Seal Beach for 66 years and this issue is by far a senseless waste of valuable time for those who work so hard for Parks and Rec.!!! Lana Mabe 224 15th St. Sent from my iPada On Sep 10, 2013, at 9:36 AM, "Kim Shearer" <kshearer3@verizon.net>wrote: I am for the benches and picnic tables on the beach and would appreciate it if Parks and Recreation would consider/investigate options that would allow them to remain on the beach. I have always considered them an enhancement to the charm of Seal Beach, and appreciate the owners that owner's maintain them. I plan on attending your September 25111, meeting. Thank you, Kim Shearer 1307 Ocean Avenue Seal Beach 1. Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 9:41 AM To: Tim Kelsey Subject: FW: Beach tables along Seal Way Importance: High From: Ron McMahan fmailto:rmcmahan©americanmortnacieio.coml Sent: Wednesday, September 11, 2013 1:43 PM To: rozbix @verizon.net; laurensosenko @gmail.com; Carlawatson; schellys@aol.com; crpowell223 @gmail.com Subject: Beach tables along Seal Way Importance: High Hello everyone, I am writing regarding the beach table issue. I have lived at 1213 Seal Way since 1997 and in other residences in Seal Beach since the 1960's. Along the south side of the beach there are picnic tables that have been in place, in some instances,for over forty years. For some reason the existence/ placement of these tables has recently become an issue for the City Council, despite virtually no complaints(I have heard of only a couple of minor complaints from various parties,who are apparently complaining in retaliation for other issues -CUP for rental properties I believe). These tables have become a part of our community,just like the benches along Main Street, the concerts in Eisenhower Park,the volleyball courts, etc. Residents and visitors to town utilize these table all the time. Let's consider an alternative to simply removing these tables. Residents along Seal Way would like to further discuss this matter with you, and to help maintain the ambiance of our community. I and other look forward to discussing this matter with you at the meeting on 9/25. Thank you for your consideration. Please note: New e-mail,adress, and contact information: Ron McMahan 2999 Westminster Ave., Suite 265 Seal Beach, Ca. 90740 PH: 562-735-6555 x100 FX: 562-594-4591 CP: 562-818-6663 This is an attempt to collect a debt; any information provided will be used for that purpose This message is a PRIVILEGED AND CONFIDENTIAL communication. This message and all attachments are a private communication and are confidential or protected by privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly 1 • prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you. 2 Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent Monday, September 23, 2013 9:42 AM To: Tim Kelsey Subject FW: Benches on beach Original Message From:Janie Anderson Jmailto:scotishsisters @yahoo.comi Sent:Thursday, September 12, 2013 6:11 PM To: rozbix @verizon.net Subject: Benches on beach Please don't let the benches be removed from the beach. My husband and I have lived here for more than 50yrs.There has not been any problems with the benches. We have used the beach with our children and grandparents. It gives our town that neighborly feeling. Let's not loose some more of our individuality.Thank you Stan and Janie Anderson, seal beach 1 Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 9:43 AM To: Tim Kelsey Subject: FW: Please save the beach picnic benches!!! Original Message From: sdavenport9 @roadrunner.com fmailto:sdavenport9 @roadrunner.comj Sent: Friday,September 13, 2013 4:54 PM To: rozbix@verizon.net; laurensosenko@gmail.com; carlawatson @verizon.net; schellys@aol.com; crpowell223@gmail.com Subject: Please save the beach picnic benches!!! To All Commissioners, I am writing in support of our beach picnic benches.These benches have been a way of life on Seal Way for over 50years.As a responsible owner, I clean, paint and maintain my bench as do all the other residents.They play a big part in our lives and the lives of all people who use them. We have always welcomed any one who would like to use them- and most people believe the city placed them on the sand.They are grateful for a place to sit, eat a picnic and just enjoy the beach. There must be a workable solution to enable us to keep the benches. We are willing to work with the city.We all feel that a uniform picnic bench (the various colors add to the charm) using a code officer check for any wear problems yearly and/or a permit situation could be implicated.Just the ability to have an open discussion and share our ideas would be so welcome. Please allow this exchange of ideas to happen and I'm sure we can find a solution acceptable to everyone. Thank you, Susan Davenport 1 - Tim Kelsey • From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 9:43 AM To: Tim Kelsey Subject: FW: Save our Benches From: Mike Haley jmailto:lionmikiemike @aol.coml Sent: Saturday, September 14, 2013 10:55 AM To: rozbix @verizon.net; laurensosenko@gmail.com; carlawatson @verizon.net; schellys @aol.com; c r oowe l 1223 @ g m a i l.c o m Cc: sealbeachdistrictl @gmail.com Subject: Save our Benches Dear Recreation & Parks Commission, I would like to respectfully request that the Commission keeps the Benches on our beach. I am a local in our town and do a lot of community service and have seen the public using these benches on a daily basis. It is little things like this that make our town so nice and the reason we love it. It is not just the people on the board walk that use the benches, they are there for the general public and they are used by them on a daily basis. I have seen many times family's having lunch enjoying the beach, single mothers using them to clean there children's feet before leaving the sand and people just relaxing. they are also a place where locals gather and socialize with each other. I use them all the time as a place to relax from the long work week and enjoy our beautiful beach. The people that use these benches are also the same people that.spend there money in our local shops and restaurants. We are not going to turn our beach in to a Huntington Beach, or Newport Beach by allowing these benches, but we are preserving our small town feel that is why we live here," the little things". It is really sad that we are even having this discussion or considering removing the benches because of a complaint from some one that does not even live in our town. Do you believe that if I went to another town and complained about a park bench that the City would remove it? I would bet not. So I believe that we can solve this problem together. I would propose that we have the benches inspected 1 time a year and issue a permit for them. I have never seen a bench that was not in good repair. That is because the people that use them all year take care of them. If we are going to remove the benches from the beach then why would we not remove all benches from all public area's? Because that does not make sense, we want people to enjoy our City that is all we are asking. These benches are no different than the benches that line the Pier, our Park way, and our Parks. I know that most of the people making the rules do not use the beach or have not been to the beach in a long time and they say it is only a bench, for the people that use the beach it does matter and we enjoy them very much. I also know that some times doing the right thing is harder than taking the easy way out so I am asking you to do the right thing and let's keep the benches and preserve one of the little things that makes our City what it is. Maybe the Seal Beach Lions Club will take the lead to make sure the benches are in good repair, as they have done for the rest of the benches in the City. Regards, Mike Haley Remember to be good to yourself 1 Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 9:43 AM To: Tim Kelsey Subject: FW: Picnic Tables ... From: Pete and Barb Jmailto:musarn@earthlink.netj Sent: Sunday, September 15, 2013 4:54 PM To: Carla Watson; Craig Powell; Lauren Sosenko; Roslyn Bennett; Schelly Sustarsic Subject: Picnic Tables ... Recreation & Parks Commission City of Seal Beach 9/15/13 Dear Commissioners; We understand that the City Council has asked you to look into the picnic tables on the beach. Here is a little history of our 1600 block: The picnic tables and volleyball court in the 1600 block of Seal Way have been here over 50 years providing recreation and seating to many Seal Beach residents and out of town groups. People who walk their dogs, some elderly folks, fishermen and families needing a place to sit also use the picnic tables on the beach. When a ship is in, Navy personnel enjoy sitting at the picnic tables. The residents have put out picnic tables and maintained them and the sand around them for many years. The City replaced the old wooden poles of the volleyball court with concrete and metal poles prior to the 1983 flood in Seal Beach. We have pictures of the day of the flood which include a picture of the volleyball court under ocean water! Currently the court and tables are used by 2 women's volleyball groups, a "Moms" group, several men's groups and mixed groups. The Los Alamitos High School freshman volleyball team has also used them on occasion. There has never been a problem of any serious nature such as graffiti, carving, or destruction at this court or on the picnic tables.To my knowledge there has not been a problem concerning this court or these tables. With the city's financial challenges, the people using the court have supplied the nets and ropes over the years understanding that anyone can come and use them. Property owners have maintained the picnic tables. This summer, many people came down to the beach to play volleyball and sit at the picnic tables. If these are removed, could the city please put up a court(s) and picnic tables at this end of the beach like we have in other areas of Seal Beach? 1 In conclusion, Pete's family has owned property since the late 1920's. In the 1970's, we were able to purchase this property at 1613 and we are happy to be here now. The volleyball court and some tables have been here at least the 41 years we have lived here with no problems for the city. We would be happy to discuss any questions you may have and work with you in a positive way. Pete & Barbara Arnold 1613 Seal Way • 2 Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 9:44 AM To: Tim Kelsey Subject FW: Beach Benches From: Margene Walz fmailto:wmargene@msn.comj Sent: Wednesday, September 18, 2013 10:16 AM To: rozbix(laverizon.net; Iaurensosenko@gmail.com; carlawatson@verizon.net; schellys@aol.com; croowel1223@gmail.com Subject: Beach Benches Dear Commissioners, September 25 is just around the corner and I am looking forward to working with you on a resolution to the Beach Bench situation. As you know benches (approx. 12 today) have been on the beach for over 30 years. To my knowledge there has never been an issue with liability or injury from them. The owners of the benches keep them in good repair, the area clean and share with the public. For over 30 years the bench owners, the public and the city beach cleaners have lived in harmony. The colorful tables have been part of the beach charm for years. We wish this tradition to continue and I know we can find a way to work together. Issuing a permit to owners to keep the benches in good repair,a consistent look, available to the public and keeping the area around them clean seems like a reasonable compromise for all. If the city can find a way to keep the volleyball courts there should be a way to keep the tables. We'll see you on Sept. 25th. Thank you for your time. Sincerely .Margene Walz 1 Tim Kelsey From: Richard Dudash <richdudash @yahoo.com> Sent Sunday, September 22, 2013 12:33 PM To: rozbix @verizon.net; laurasosenko @gmail.com; carlawatson @verizon.net; schellys @aol.com; crpowel1223 @gmail.com;Tim Kelsey Subject Thank You for Your Considerations Good afternoon All You Fine People On Our Parks & Rec. Department, Thank You for all of your considerations and efforts for our benches/picnic tables. As an insurance agent and broker I have asked my carriers if they find an issue or any serious risk factor. There has never been any such claim of injury or liability with picnic tables or benches by private owners unless there was a cause of vandalism or misuse. As long as I have been insuring certain properties on the sand, for the past 23 years, I have never been faced with any issues arising from their use. Even though I do not own property on the sand, I have helped in cleaning and maintaining their appearance for the use by all who grace our lovely beach. It sets a soft and welcoming tone for all to enjoy. If your board finds any issues that should be addressed please present them to all involved and allow us to assist you in any way possible. There is always a solution to any issues which may be just non-issues. Again, thank you for all that you do. There are many of us out here that truly appreciate your care, trust, and thoughtfulness to any and all situations. If this will help in any way, you have my permission to make this part of the public record. Warmest Regards, Rich Richard James Dudash Federal Income Tax Practitioner IRS Registered Tax Return Preparer Authorized IRS E*File Provider CTEC Registered Tax Preparer# A168066 Insurance Agent/Broker Lic.# 0828839 1318 Ocean Avenue, Apt. #2, Seal Beach, Ca. 90740-6543 Home Office-562-430-7907 H & Off Fax-562-596-9079 1 Tim Kelsey From: Joe Kalmick <joekalmick @gmail.com> Sent: Monday, September 23, 2013 12:56 AM To: Roslyn Bennett;Tim Kelsey Subject: Picnic tables/benches on the beach Dear Roz, I'm writing regarding the issue of the benches and picnic tables that have been placed on the east beach over the last several years. As you know, most of the benches have been in place for over 20 years, ours included. They were added as an amenity to be able to sit with friends, enjoy a meal, rest after a run on the beach or the boardwalk - for everyone. Vacationers can often be seen at the tables, especially during the week in the summer. Beachgoers coming off of the beach stop with their children to clean them up before heading for their cars. Two of the tables are always used by the volly ball players and spectators in the 1600 block. There is no evidence to indicate that any of the residents who have put out a table are trying to increase the footprint of their property as has been the case in Newport Beach and Sunset Beach. The boardwalk provides a clear separation between the owner's property and the beach. I have spoken with almost all of the folks with a table, and no one has led me to believe that they feel any special privelige or entitlement regarding the beach, and I feel that it is an unfair characterization of boardwalk residents, not all of whom are property owners. I believe if you survey all of the tables and benches you will find that they are all well maintained as far as paint or finish, and are in safe working order. There has been concern expressed about the ability of the City beach crew to clean the sand adjacent to the boardwalk wall. In the 1600 block, where there are approximately 5 tables, the tractor and sanitizer cannot access the area as it is too narrow for the tractor to make a turn about. Further down the boardwalk, there are tables on each side of the beach vehicle access, and the tractor can't get into those corners. And in general, the sanitizer can't usually get closer than about 3 feet or so. In the past we have worked with the beach crew in advance, and made arrangements to move the tables over the boardwalk wall, and the tractor would make a pass as close as they could. If accused of treating the beach as if it were our own front yard, I say yes we do. We rake the sand, pick up the wind blown trash and after errent pet owners, and pick the weeds that grow every year next to the wall. While I hope to have made a case that the tables have been a benign amenity for all to use over a period of many years, I believe that the City's concerns must also be addressed. I would propose that a reasonable alternative to either the status quo or completely removing all of,the_tables would be an encroachment permit, similar to what was worked out for the benches on Main St. The permit would identify the table and its location. The table owner would acknowledge that while on the public beach the table would be available for use by the public at any time. The owner would agree to keep the table in safe working order and in presentable condition. Much like a CUP, this would give the City the ability to be able to address any issues caused by owner, and to ensure that the tables were safe and not an • eyesore. And as has been suggested a plaque or marker could be added to the table attesting to its availability for use by the public. As the present format of the decision-making process has been either the City Council meeting or now the Parks and Recreation Commission meeting, perhaps it might be beneficial if there could be a workshop format. This would allow for direct dialogue between the public and city officials and staff. The opposing opinions have not been revealed to us, and it would be nice to be able to understand the objections and be able to address them in a non confrontational setting. Thank you Roz, for your interest and willingness to deal with this sensitive issue. I have copied this email to Tim Kelsey so it can be made part of the record for the Commission's deliberations. Respectfully, Joe Kalmick 2 Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 11:27 AM To: Tim Kelsey Subject: FW:The benches on the beach From: patty godber fmailto:pattvgodber @vahoo.comj Sent: Monday, September 23, 2013 10:01 AM To: Roslyn Bennett Subject: Re: The benches on the beach Dear Roslyn, Absolutely, you can submit my letter to the City clerk for public record. Thanks again for your time, it is greatly appreciated. Patty Godber From: Roslyn Bennett<rozbixa,verizon.net> To: 'patty godber' <pattygodber[?o vahoo.com> Sent: Monday, September 23, 2013 9:37 AM Subject: RE: The benches on the beach Good morning Patty, Thank you for your note regarding the benches/picnic tables on the beach. I encourage all interested parties to attend the Recreation and Parks Commission meeting on Wed. Sept. 25 at 6 pm in Council quarters. There will be public address. If it is okay with you, I will submit your letter to the City Clerk for public record on this item. Please advise. Sincerely yours, Roslyn Bennett From: patty godber [mailto:Dattvgodber@yahoo.com] Sent: Monday, September 23, 2013 9:18 AM To: rozbix@verizon.net Subject: The benches on the beach Dear Roslyn, I am writing you in regards to the benches on the beach. I've lived in Seal Beach for many years. The benches are an asset and a wonderful thing to have available to everyone! I often go out and set on the one on 14th street, to enjoy and cup of coffee or to just watch a beautiful sunset. I don't think there is a day that goes by, that someone is not enjoying them. So, why would we want them gone!!! I hope you decide to keep these wonderful benches, so we can continue to enjoy them. 1 Many thanks, for listening, and I know in your heart you will make the right decision. Sincerely, Patty Godber 2 Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Monday, September 23, 2013 11:29 AM To: Tim Kelsey Subject: FW: Beach Benches Attachments: 2013-08-25 10.55.03 j pg From: Darin Denos fmailto:deno©oacifictuoboats.comj Sent: Thursday, September 12, 2013 9:25 AM To: rozbix@verizon.net Subject: FW: Beach Benches Captain Darin J. Denos Operations Manager, Long Beach Division Email: deno(a)pacifictugboats.com Office: 562-590-8188 Cell: 562-480-6769 Fax: 562-590-8318 From: Darin Denos [mailto:deno @pacifictuoboats.com] Sent: Thursday, September 12, 2013 9:21 AM To: 'roxbix @verizon.net' Cc: 'laurensosenko @gmail.com'; 'carlawatson @verizon.net; 'schellys @aol.com'; 'crpowell223 @gmail.com' Subject: Beach Benches Good morning Roslyn & Commission, • My name is Darin Denos and I live at 1515 Seal Way and also have a bench in front of the house. We are in favor of keeping the benches on the beach and would like to invite all of you to come down and spend some time enjoying it like the countless number of people that have over that past 102 years. You see this home and bench have been around longer than the city has been in operation,this next month will mark 103 years and we are very proud to be an icon of the City Of Seal Beach. My wife & I would like to meet all of you and we invite you as we have with the city council to stop by on the weekend and knock on our door. Or just sit and relax on the bench and take it all in. I would very much like to talk more about this with someone either before during or after the meeting on the 25`h of September please feel free to contact me. We look forward to a peaceful constructive solution. Thank you kindly, t Captain Darin J. Denos Operations Manager, Long Beach Division Email: deno(apacifictugboats.com Office: 562-590-8188 Cell: 562-480-6769 Fax: 562-590-8318 2 City of Seal Beach Attn: Tim Kelsey 211 8th St. Seal Beach, CA_ 90740 562-431-2527 9/20/13 Re: Meeting 9/25/13 Dear Mr. Kelsey. I own 1307 and 1307 1/2 Seal Way. My tenant has always left a picnic table out front on the sand in front of the house, which is rarely used, and although I have never asked him to move it, I do prefer that it wasn't there. I don't like it because when the tractor cleans the beach, it makes a wide swathe around the table and therefore our immediate front beach area never gets "groomed" as we would like to see it. Because I am not able to attend the meeting on Sept: 25, my input would be that the Council ban any outside benches on the public beach except for possibly Saturdays and Sundays. A total ban would also be acceptable to me, as I feel 'nothing'needs to be left out on the beach all week, especially at the boardwalk, because the few that do it takes away from the enjoyment of the majority of others. Thank You. Sincerely, P 7 Teo Albers,Jr. (909) 992-9481 Tim Kelsey From: Linda Devine Sent: Monday, September 23, 2013 1:05 PM To: Patrick Gallegos; Tim Kelsey Subject: FW: Seal beach picnic benches FYI Linda Devine, City Clerk City of Seal Beach -211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1305 .st, For Information about Seal Beach, please see our city website: http:llwww.sealbeachca.gov NOTICE:This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication,or an employee or agent responsible for delivering this communication to the intended recipient,please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.Thank you. From: Ruth Hsu fmailto:ruthiehsul978 @vahoo.comj Sent: Monday, September 23, 2013 11:39 AM To: Rozbix @verizon.net; Laurensosenko @gmail.com; carlawatson @verizon.net; schellvs @aol.com; croowell223 @gmail.com; Linda Devine Subject: Seal beach picnic benches Commissioners, I am a home owner at 1403 Seal Way, Seal Beach, and wish to save the benches on the sand along Seal Way. I feel it is silly and such a waste of time to the residents of seal beach that we're even fighting over this issue. We, the city of Seal Beach are known to be one of the friendliest cities around, and the benches are one of the decors that gives the friendly vibe to the city. These benches has been around for many years. Trying to take our benches due to one complaint is absurd. Then why not eliminate the playgrounds, fountains, benches from all parks because they "can be" a liability? The residents of Seal Beach must be allowed to keep their benches on the beach. Sincerely, Ruth Jordan 1403 Seal Way Seal Beach, Ca 90740 1 July-08-13 Dear: City of Seal Beach, For as long as I have lived on this earth, [have known the Pacific Ocean and the sandy beach to be known as public use. When I use the beach I take my chair and umbrella and enjoy the beach and then remove my items until the next visit. I do not live on Seal Way and have lived in this city for 2 years and can say that twice my kids and I have sat on a bench or chair to have the owner on Seal Way open the door and say get off of my furniture. Ouch!! When did the City of Seal Beach allow the boardwalk folks to own another 5 feet of the beach? Truly these items need to be removed every night just as I drag all of my items back to the Hill where we live until the next adventure. No one owns the beach. I find it wild to see metal fire pits and metal benches that can easily hurt someone if not positioned properly. Now who is at fault? I am not going to give my name or go and speak to the City Council as 1 know a lot of these people. Yes! Some of the residents are fine with sitting for a moment on their furniture and many!many!many are not! Who gets to police this?Of who get yelled at or not! The people who want the furniture on the beach can easily get up and say to the City Council that we share our furniture and it all looks good on. TV. But if I getup there and contest, i now look like the ugly neighbor. This is not fair to me and my kids to be made to be just as ugly as when they are telling people to get off of their property. Basically the beach belongs to all and should be treated this way. It does seem like a silly rule to have them remove what has been allowed to happen for so many years, but then who wants to be yelled at from a resident for taking a moment to rest before hitting the beach with young ones in tow.® The city has allowed this to exist where it should not have. I am sure that I can jNOT drag my items from the Hill and leave them in a marked spot on the beach for my use only day after day. I was under the impression no camping on the beach? Leaving items o the beach indicates the city is ok! Camping and staking out spots on the beach is like the crazy fiasco of Music in the park.Tagging a spot doesn't mean it belongs to you as property. There are signs posted that say no camping on the beach, then why do we have them? *Rules are meant to help everyone be happy not allows others special privileges. I am confused by the message the city sends? t I love Seal Beach by the way... Let's just be fair to all who use the beach... © City of Seal Beach JUL 152013 Department of Development Services • Jim Basham • From: Jill Ingrain Sent: Wednesday,July 17, 2013 2:18 PM Cc Quinn Barrow; Linda Devine;Jim Basham;Jan Sledge Subject FW: Benches on the beach Council, below is an email from a District 1 resident that Ellery Deaton requested be sent to each of you regarding benches on the beach. Given that this is an agenda item for the July 22nd Council meeting (Item 0), please do not reply to this email. Please feel free to call me, Quinn, or Jim Basham if you have any questions. I will provide a hard copy of this email in the newsletter as well. Jill R. Ingram, City Manager City of Seal Beach -211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1300 For Information about Seal Beach,please see our city website: http:Ifwww.sealbeachca.gov NOTICE:This communication may contain privileged or other confidential information.If you are not the intended recipient of this communication,or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.Thank you. From: ellerydeaton(algmail.com fmailto:ellerydeaton©gmail.coml On Behalf Of Ellery Deaton Sent: Saturday, July 13, 2013 11:28 PM To: Jill Ingram Subject: Fwd: Benches on the beach Dear Jill, Could you please see that Jed's email is received by the Council and should the Council concur to send to Parks and Recreation, to the Commission as well? He has given permission for it to be used. Thank you, Ellery Forwarded message From:Jed Shafer<jedpo @,msn.com> Date: Thu, Jul 11, 2013 at 11:53 AM Subject: Benches on the beach To: Ellery Deaton <SealBeachDistrict1 @gmail.corn> Dear Ellery: 1 Perhaps a reasonable compromise regarding the desire of some to allow privately owned benches and , "tables to be.placed on public beaches would be to allow the placement of the benches and tables during daylight hours with the requirement that they be removed from the beach and stored on private property from sundown until sunup. Just as visitors are permitted to erect temporary sun shelters on the beach or bring beach chairs and tables for day use, it seems reasonable to permit local residents the same privilege. But to extend that privilege to permanent placement of benches and tables on public land is a stretch some of us in Old Town cannot support. As it is now, it is not possible for City crews to operate beach cleaning equipment in the vicinity of benches, some of which are secured to the sand with locked cables. The notion some private citizens have put forward that, somehow, the public beach is an extension of their front yard, has no basis in tradition or law. I would ask those advocating their "right" to keep their benches and tables on our shared beach to consider the "slippery slope" argument that,if we allow benches and tables, why not above-ground swimming pools, or perhaps cactus gardens? Once private equipment is permitted to be permanently placed on the public sand, the door is opened for extensions of the use beyond a few benches. Where does it end? For those who would say that its just a few benches, I would ask that we recall what happened when people were permitted to "stake out" claims for park space in advance of the Wednesday summer concerts. Early on Wednesday mornings, and, as things spun out of control, sometimes on Tuesday evenings, people spread out large tarps, placed yellow caution tape, and put out dozens of chairs all over the park, as if they had a special claim to the land. The City was forced to threaten confiscation of the chairs and blankets and it all started to become unpleasant as more and more people pushed the limits of reasonableness. We don't want to go down that path again with our beach. I would also suggest that the appeal to tradition that has been put forward as justification for placing privately owned benches on public land is not a sound argument, anymore than appealing to tradition when justifying segregation or sexism would be a valid argument today. I suggest we keep this simple. Private property, permanently placed on our shared public beach cannot be justified. Daily use of portable benches and tables which are removed at the end of the day, seems a fair and reasonable compromise that grants no special privileges, protects our public land, and removes any liability or encroachment issues. Thank you for your efforts to represent everyone's interests. As ever, Jed Shafer Sixth Street Seal Beach 2 Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent: Tuesday, September 24, 2013 8:05 AM To: Tim Kelsey Subject: FW: Rec and Parks Commission/Picnic Benches From: Leonard Jordan j mailto:leonardjordan(averizon.netl Sent: Monday, September 23, 2013 11:46 AM To: rozbixeVerizon.net; Iaurensosenko@gmaiLcom; carlawatson©verizon.net; schellvs(@aol.com; c rpowel1223©q ma i 1.com Subject: Rec and Parks Commission/Picnic Benches Dear Commissioners, I am a life-long resident of Seal Beach living on Seal Way,and 1 support the keeping of the benches and tables along Seal Way by the residents(at the very least,the removal of such items would hopefully be put to a vote by citizens and not enacted without our input).Thank you for your consideration and time. Sincerely, Leonard Jordan 1403 Seal Way 1 ' Tim Kelsey From: Roslyn Bennett <rozbix @verizon.net> Sent Tuesday, September 24, 2013 11:18 AM To: Tim Kelsey Subject: FW: Park Benches on Beach From: Stanley R. Hartford fmailto:SRH(alstocktonaccountancy.coml Sent: Tuesday, September 10, 2013 1:21 PM To: rozbix@verizon.net Cc: laurensosenko@gmail.com; carlawatson@verizon.net; schellys@aol.com; croowel1223@cimail.com Subject: Park Benches on Beach I am an attorney and a resident of old town seal Beach. I am writing you regarding the benches/ picnic tables you are considering. I will attend the hearing on September 25. I will reserve my comments concerning the benefits of the tables until that time and considering there are many other people who will write to you in that regard. However, I am a strong advocate for retaining the tables on the beach. I agree there should be some consistency in the benches. I believe the small-town atmosphere lends itself to the multicolored picnic tables with benches that are the general type now on the beach. To put Cement benches on the beach in their place would ruin that small-town atmosphere. However, perhaps if the concrete benches were painted it might be an alternative and create consistency. However, to place concrete benches only at the street entries to the beach would then make it difficult for residents on the beach to take advantage of using park benches in front of their homes. I am agreeable to some type of permit with a fee which would make the person putting the bench out responsible for maintaining that bench. Again, I would recommend a wooden picnic table with connected seating as the permitted type. Otherwise, we wind up with metal benches and other nonconforming tables and benches. Stanley Hartford 1