Seal Beach Residents Take a Stand for Sitting Down

To bench or not to bench?

That was the question last night as a number of Seal Beach residents packed City Hall to weigh-in on whether they should be allowed to leave benches, tables and chairs on the beach for public use.

After a boisterous meeting that included cheers and applause from residents, the City Council decided to bring the item back for discussion at the July 22 meeting.

Resident Darin Denos, who said he lived in the oldest house on Seal Way --and, he said, what may be the oldest house in the city -- said there's been a bench out in front of the property for 103 years.

“It part of our culture and I would certainly hope that we could come to some sort of common ground on this issue,” Denos said. “It’s imperative that you hear us.”

Residents say these benches, tables and chairs give the public a place to relax and enjoy the community. Seal Beach official say the items raise liability concerns and that if one of the items falls into disrepair and someone is injured, the city could be sued.

According to Jim Basham, Seal Beach director of community development, there are less than 10 privately owned benches and tables on the sands south of the pier. 

The tension arose in April 2013, when Seal Beach received a complaint about one of the benches, according to a staff report. In May, locals on Seal Way received letters from the city telling them that they had a week to remove the items.

City staff said the residents are in violation of a city ordinance that prohibits placing items permanently on the beach.  A number of the residents attended a May City Council meeting to support the practice.

Later, during a June meeting, the City Council voted 4-1 to uphold the city ordinance forbidding the practice. However, the decision did not forbid volleyball poles or volleyball nets but put them under the jurisdiction of the Parks and Recreation Commission.

This didn’t sit well with some residents, 20 to 40 of which attended the Seal Beach council meeting Monday to support the practice.

Longtime resident Stan Hartford said he’s had a bench outside his property off and on since 1965 and said that there’d been no issues with insurance liability.

 “That was a concern, apparently, and yet you went ahead to allow the volleyball courts to be put back in,” Hartford said. “My god, if you’re talking about liability, that’s a liability.”

Hartford said he was in favor of the volleyball courts, but he wanted the city to be consistent. He added he and other residents felt the council, and especially Mayor Pro Tem Ellery Deaton hadn’t represented them fully.

Mayor Gary Miller defended Deaton, saying she had supported residents in the issue, and, he said staff had done their job, as well.

“And I think now the process belongs to the council, so it’s not the staff issue, it’s with the council,” Miller said.

That comment rankled Ron McMahan, Seal Beach resident, who said it seemed like Miller had a “pretty closed mind” about the issue.  

“It does not belong to the City Council, it belongs to the city of Seal Beach and the residents,” McMahan said.

The audience cheered and applauded.

McMahan said he felt the process regarding property on the beach had not been transparent and some members of the City Council had treated the residents arrogantly. 

McMahan referred to a comment made by Mayor Miller at a previous meeting. According to video recording of the meeting, Miller said, “They’re kind of using this like their backyard.”

“I don’t’ like the attitude,” McMahan said. “Really I don’t get it and I think it’s totally condescending.”

The audience applauded again.

After the meeting, Miller said he didn’t want to comment on any of the statements made about him during the meeting.

Resident Sharon Davenport submitted a petition which, she said, had more than 180 signatures in favor of keeping the benches out.

Mayor Pro Tem Ellery Deaton asked the council to put the item back on the agenda for discussion July 22 and said she was sorry she didn’t make residents aware of the issue when they voted on it last month.

“I do owe Seal Way an apology,” Deaton said. “I should have contacted you. I’ve been really tied up with the housing element.”

In June, Deaton cast the sole "no" vote against the decision to continue restricting property on the beach , instead urging the Council to give the Parks and Recreation Commission the ability to handle the issue. 

Staff said they would bring the item back to the council for discussion at the July 22 meeting.

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