February 7, 2007

letter to council / establishing citizen commissions /02.07/07

Here is a letter I wrote to the Dana Point City Council about a proposal to establish a "Traffic Commission" where a traffic committee formerly existed.

RE: Citizen commissions or committees / agenda items 10, 13,14.

Dear Mayor Harkey and Members of the Dana Point City Council,

I see by your agenda that there are three items posted on the Dana Point web site for tonight's council meeting that involve CITIZEN COMITTEES or COMMISSIONS. Please add my comments to the record.

First, I strongly support the establishment of citizen committees (not commissions) by the Dana Point City Council. If appointments are judiciously made, they will provide valuable input for both the city professional staff as well as the planning commission and the city council.

However, I do have some strong reservations on the way the staff reports suggest that these initial committees on traffic and water quality be set-up. To elevate the former traffic committee to the level of a commission is a big mistake. We don't need more layers of government in a small town like Dana Point. Information and transparency, deserve a resounding yes vote, but another commission to go through by residents to get something done is not a good idea.

I am particularly concerned by the appeal process suggested... a Traffic Commission Review Board, comprised of two city council members and the director of the department of public works. If this committee becomes a commission, then any appeals should go directly to the full city council and not a small committee. This is the only way to achieve fairness through the democratic process and decisions made by ALL our top elected officials.

Because of problems with making commissions out of committees, I would suggest setting up committees and NOT commissions as follows:

1. there should be 5 members and each council member should nominate 1 person.

2. City manager should appoint one appropriate staff member to act as a liaison to the committee and help them with procedure, provide them with information and some staff services so they can make their reports to the council.

3. City council members should NOT be members of these citizen committees. Not only are there potential Brown Act issues, but they should not be in a position to vote twice on any issues that may come before them. Additionally when council members are voting members of a citizen committee, they over influence the committee and create a distortion in the results. Good ideas do not need to die at the committee level, but shared with the council as a whole and the general public.

4. Committees should be advisory only and all recommendations should be forwarded to the city council through the appointed staff member with any report approved by all members. Recommendations should be discussed and adopted at city council meetings and audience members should be able to comment on them.

I hope you take seriously these recommendations. I have experience in working on council appointed ad hoc committees in the past (another beach town in OC) and have seen them work very effectively. I would like to see the committee system here in Dana Point work as an active and positive resource where the city council can delegate difficult issues to a committee of qualified and diverse residents that ultimately will make for better council decisions on the matters of importance to the community.

Cordially,

Bill Agee
Capistrano Beach

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UPDATE: A vote was taken and the worst part of this proposal was removed... which was the review board. The ciy council voted on a 3-2 vote to set up a treffic commission with 5 citizen members and no council people as members. Any decisions would be appealable directly to the full city council with a modest fee attached.

I am fairly happy with this outcome as I saw the other proposal as a way to not allow citizens directly dialogue with their elected representatives on matters covered or decided at commission meetings. I am much less concerned whether they call it a committee or a commission. I appreciate that the city council took some of my comments into consideration.

December 17, 2006

city council moves toward more transparency with electorate

At it's last meeting of 2006, Mayor Diane Harkey proposed that the city staff look into moving the city council meetings to Tuesday nights instead of Wednesday.

Several years ago a previous council changed meeting dates to Wednesday from Tuesday. Many people felt that it was done to keep the only newspaper in town, the Dana Point News, from printing timely stories about city council meetings. The paper is published and delivered on Thursday's and decisions in a Wednesday night meeting will not appear until the following Thursday. If the meeting was moved to Tuesday night, then reporting about that meeting would be available in the edition printed two days later.

If this change occurs, then hopefully we will see more political reporting in the paper which is now woefully lacking of any timely significant information about meetings at City Hall. Dana Point citizens need more timely reporting about local government issues and decisions and I applaud this and any other efforts to that end.

new dana point mayors are elected and new council members are seated.

At last Wednesday's council meeting, council member Diane Harkey was elected mayor and newly elected member Lisa Bartlett was selected as mayor pro-tem. Additionally President of the South Coast Water district, Joel Bishop and former planning commissioner Steven Weinberg were sworn in as new council members along with Mayor pro-tem Bartlett.

Former Mayor Lara Anderson remains on the council for two more years as does Mayor Diane Harkey. Stepping down are former mayor Wayne Rayfield, along with Russ Chilton and James Lacy who did not attend.

The next council meeting will be held on 10 January at the Community Center on del Obispo. Go to the city hall site for more information at http://danapointdocs.org/index2.html

December 1, 2006

seal beach deals with "mansionization" / what about capistrano beach?

A resident of Capistrano Beach sent this article that I missed in the Los Angeles Times a few weeks back. It points out some of the issues that we are going through here in Capistrano Beach with what many see as "overbuilding" on residential lots.

One of the complaints that I and a number of other residents have with the current Dana Point Planning Commission is their tendency to grant variances left and right with no consideration to concept of "hardship", an important concept which is given much more importance in most city governments in the U.S.

There have been a number of situations here recently... like requests to encroach into rear yard setbacks simply because the builder wants to have more square footage in the dwelling. I heard of one recent request in Capistrano Beach were it even happened on the Bluffs, which are unstable, and the Commission approved it anyway. Who knows what the taxpayer liability will be if there is ever an issue of earth fracture that might cause heavy damage to the approved dwelling.

I am hopeful the new City Council will take this issue up and give the planning commission direction about the way they deal with these requests in the future.

Here is the story below...

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"End of the Story for Coastal Builders"
In a backlash against `mansionization,' beach homeowners wanting to add a third level face increasing opposition

By Ashley Powers
Los Angeles Times
November 13, 2006

As a town where cats have lazed on the City Council dais and a kazoo band toots in the annual Christmas parade, Seal Beach has long clung to its turn-back-the-clock vibe. So it came as little surprise when folks in Old Town, a medley of eclectic bungalows west of Pacific Coast Highway, decided there was no bigger threat than homes remodeled to resemble wedding cakes.

Roger West, 82, was among the longtime residents who feared Seal Beach was succumbing to well-heeled newcomers who wanted to top their homes with third stories.

"I resent that I have to spend my life trying to save this town from people who want to exploit it for money," West said. "How can you say you want a small-town feel with a third story? It's just greedy."

But the spat in Seal Beach goes deeper than whether to cap homes with extra floors, touching on how much a neighborhood's appearance determines its character and whether the city's growing wealth is cause for alarm. Similar debates over so-called mansionization have cleaved communities elsewhere, leaving folks fuming over burly dwellings that have muscled out modest homes.

Up and down PCH, it was no coincidence that neighborhood tempers flared as median home prices between 2000 and 2005 more than doubled in Los Angeles, Orange and San Diego counties. Some people grabbed their equity and tacked on enough additions to make their homes look like a Jenga tower. Newcomers snagged land in shorefront towns with hopes of building a house worthy of the swollen price they'd paid.

In response, more than half a dozen coastal cities have adopted building restrictions to preserve their flip-flop charm, including Oceanside, Solana Beach and Rancho Palos Verdes.

San Clemente's recent ban on second stories in the Shorecliffs neighborhood has resulted in a petition drive, a lawsuit and one supporter's yard getting trashed with animal parts and human feces. Los Angeles, which includes Venice and Pacific Palisades — where bulging homes have been popping up for years — is poised to tackle palatial estates.

No matter where the conversation takes place, the debate often boils down to class tensions. Some are convinced the rich are elbowing out everyone else; others seem certain that the antagonism toward big homes is born of envy. It's not an easy squabble to quell. Laguna Beach, for example, passed laws in 2002 intended to make new construction mesh with neighborhoods, but proposals for 5,000-square-foot manors at the Pacific's edge still crop up.

"They don't want to see it change," said Jim Klisanin, 72, who runs Baytown Realty in Seal Beach and owns several properties in town. "They don't want developers coming in and making a few bucks. They want to stop Mr. Nice Guy who happens to be making money and wants to do something with it. I wouldn't doubt there's a little jealously there."

The move toward supersizing existing homes mirrors a broader trend in big homes. Compared with 1981, a greater percentage of new homes boasted two or more stories and four or more bedrooms. The average new home is almost 700 square feet bigger than its predecessor — the equivalent of a roomy one-bedroom apartment.

In Southern California, the craze coincided with a meteoric real estate market. Wayne Foss, president of Foss Consulting Group, an appraisal company in Fullerton, said, "If you've got $3 million tied up in dirt, you're going to build 4,000 square feet, unless you have more dirt than sense."

Homes several tax brackets above the typical suburban cookie-cutter tend to boost property values for the entire block. But they have also become a barrier between the haves and the have-a-lot.

"In the neighborhoods where this happens, people rightly live in fear of becoming a one-class community," said Adrian Fine of the National Trust for Historic Preservation.

Seal Beach, with about 24,000 residents, has matured from the "Coney Island of the Pacific," a strand best known for its seaside roller coaster.

It's now a place where Navy broods and retirees mingle on Main Street, which has purposely been kept to two lanes. With a 5,000-acre Naval Weapons Station isolating it from other Orange County beaches, the city remains more homey than its brethren.

The real estate boom made that tough. The asking price for a bare-bones home on a 25-foot-wide lot leaped from about $350,000 to as much as $800,000 in the last five years, real estate agents said. Though the market has cooled in recent months, the median home price in September topped $1.1 million, and some homes on the so-called Gold Coast have sold for five times that much.

Those price tags have attracted residents far wealthier than Peggy Morrison's parents, a homemaker and a building inspector who snatched up an Old Town bungalow for less than $10,000 when she was a child. Morrison, 58, a retired speech pathologist, has watched houses spring up around her, starving her roses of sun.

"We have Italian Tuscan mansions and our bowling alley houses that are long and tall, and I guess every man's castle is his own design," she said. "Some are goofy and pretentious for what they are. I see this as just a little beach town."

The city's median household income is about $42,000, though it's dragged down by giant retirement village Leisure World; that number in some areas soars to more than $102,000.

West, a retired electronics salesman, said that had he fallen for Seal Beach today, he couldn't afford a vacant lot. He and his wife moved to the city in the 1960s after struggling to convince a bank that the town wouldn't go bust.

To their chagrin, homes began sprouting to three stories, which the city allowed only on the back half of larger plots. West, whose sea foam-colored duplex would vex many a homeowners association, found this just plain pretentious.

This year, when a developer asked to erect twin condominiums with third floors, the resistance from West and others set off a spate of soul-searching. West told officials that people who needed third stories should move to Huntington Beach or Newport Beach. That was meant as an insult.

John Scharler was dumbfounded. A few years back, having retired from running a janitorial business, he moved to the beach town and accumulated four side-by-side lots. On the first two lots, he tore down a duplex and built two homes: one for him and another to sell. The second two lots, now packed with rental units, he has pinpointed for his dream home — with a patio, lawn and three stories.

Scharler, 68, had overheard neighbors fussing about home heights, so he scoured the block for high-rise homes. He struggled to find them, ducking into alleyways to check how high structures stretched.

"There are houses from sidewalk to alley, and these people are raising Cain about building three stories. We've built boxes that are two stories. It's really a cookie-cutter town," Scharler said. "If you buy a piece of land and build a house and sell it, it becomes a dirty thing. It's like no one's allowed to make any money."

Inundated with phone calls and postcards, a divided City Council recently decided to forbid third-floor construction in Old Town beginning in the spring. Some proponents of building bigger houses who were at the meeting groaned when the vote was announced. They have submitted almost 3,600 signatures to place the matter on the ballot.

Opponents of third stories "have visions of people waiting out there with bulldozers to tear down their houses," said Seal Beach Mayor John Larson, who dismissed the notion that home heights are integral to the town's appeal. "I suspect that when their kids inherit the house and realize they can get another million bucks out of it, they'll see things differently."

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November 21, 2006

update about "speed bumps" on Las Palmas in Capistrano Beach

This is a long post, but has lots of information about "speed humps" if you read all of it and follow the links. This matter was heard last Wednesday, November 15th at 1:30pm at a Dana Point Transportation Advisory committee which is made up of two council members and 3 residents. The meeting was held at the Del Obispo Community Center.

I did not attend because of work committments, but got the results from three sources.

THE RESIDENT REQUEST BY HOMEOWNERS ON LAS PALMAS TO INSTALL "SPEED BUMPS" AS A TRAFFIC CALMING MEASURE WAS APPROVED. I have mixed information about the vote... one source said it was unanimous, the other source said it was by a 3-2 vote.

Personally, I and a number of Capistrano Beach residents who live on adjacent streets think this decision was ill-advised. I am requesting that the city council review the decision and consider facts that I explain in the following two emails to the city.

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EMAIL TO CITY COUNCIL MEMBERS AFTER THE TRANSPORTATION COMMITTEE VOTE TO INSTALL SPEED BUMPS ON LAS PALMAS IN CAPISTRANO BEACH...

Monday, November 20th....

Dear Mayor Anderson and Council Members,

Below is an email I sent to Matt Sinacori regarding a meeting of the Transportation Committee last Wednesday about installing "speed humps" on a portion of Las Palmas in Capistrano Beach. THIS ITEM WAS APPROVED LAST FRIDAY AND SPEED HUMPS WILL BE INSTALLED UNLESS YOU INTERVENE.

I and others who live on adjacent streets opposed this plan because:

1. I felt average speeds of 25 mph as currently measured by the traffic department were reasonable. It was a problem that didn't need fixing.

2. Studies I cited in my email show that speed humps would possibly reduce speeds by 5 mph, but at a cost to neighboring streets receiving approximately a 20% increase in traffic that would be diverted from Las Palmas because of the humps.

3. Los Palmas has sidewalks and can easily stand those speeds.. neighboring streets do not have sidewalks and people walk in the street.

4. Other cities DO NOT put "speed humps" in on streets that have in excess of 3000 trips per day. Las Palmas except for one block at 2900 trips ranges to as high as 4000 trips per day according to Mr. Sinacori.

5. Other cities DO NOT put "speed humps" on major or secondary access streets to a community because of the problem with police and fire emergency vehicles. Certainly Las Palmas qualifies as one of those categories.

In summary, speeds of 25 mph is not a problem on this street. While the residents of that street have a right to petition, the city has the right to say that this will cause more problems to other residents on adjacent streets and therefore need to deny this petition.

Additionally, I think a policy change is in order. Before implementation, items coming from these committees that meet in the afternoons, at times that are hard for working people to attend, need to be put on the consent calendar so residents have an opportunity to get a fair hearing on these issues. Otherwise you will have lots of small areas asking for things that may have serious ramifications on a larger part of the community. This is something that needs council oversight.

PLEASE CALL THIS ITEM UP AND HAVE IT REHEARD. I have had a number of calls from people in the community that were appalled that the city would approve this. This would be a big mistake if it was implemented.

thanks,

Bill Agee


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EMAIL TO MATT SINACORI, CITY ENGINEER FOR ATTENTION OF TRANSPORTATION COMMITTEE... SENT PRIOR TO THE MEETING

11.17.06

TO: Mattheew Sinacori, City Engineer
FR: Bill Agee / Capistrano Beach / calle Paloma

Matt,

Thank you for you time on the phone reviewing some of the issues regarding the possible installation of speed bumps on Avenida Las Palmas in Capistrano Beach. Please share this with the committee. I am sorry that I will be unable to attend. Please email me the result of the meeting.

My conclusion is that I OPPOSE the installation of speed bumps on Las Palmas because it would cause too many negative effects on the entire community.

While two-thirds of the residents in your survey, people who live on Las Palmas, are asking for speed bumps, it is obvious that one-third are not making that request. There is also a much larger population that would be affected by the diversion of traffic caused by speed bumps.

If a very brief review of three cities on the internet... Madison, Wisconson, Austin, Texas, and Kirkland Washington... I found enough negative issues to seriously oppose it.
Here are just a few....

1. Madison, Wisconsin, a college town with lots of pedestrian and bicycle traffic, will not install speed bumps on streets with traffic volumes that exceed 3000 vehicles a day. Per our conversation, the daily averages for blocks except maybe one all are in the 3000-4000 range. I don't know the width of Las Palmas, but they don't install them on streets 32' or greater in width.

2. While studies seem to support speed bumps will reduce speed between 20 and 25%, studies also show that traffic volumes are reduced by almost 20% with the traffic diverted to other local streets. I don't think the rest of us want that diversion or were aware of that fact from the information that was given to us by the city.

3. At high speeds, speed bumps can cause significant driver discomfort. I see people speeding over a cross street drainage depressions (at Rosita and Paloma) on my street with the pick-up coming up almost airborne, or a lower slung car bottoming out with lots of noise and I am sure damage on the car. These are not safe conditions and I am sure you would see nut-jobs doing thrill riding over the humps for laughs... not what the people intended, but it will be a reality.

4. These cities placed warning signs "Road Humps Ahead" before each series of humps. Most people here don't want traffic signs in their front yards..

5. For safety reasons, Austin, Tx will NOT install speed bumps " on sections which are curved or where the streets slope up-hill or down-hill." I am sure that you are intending to place these near the intersection of Las Palmas and calle Juanita / calle Fortuna. This section is on a curving hill.

6. Finally, Kirkland, Washington has two interesting findings:

a. Neighborhood streets that have and 85% speed of 32 -33 MPH will typically find speeds reduced only 5 MPH. ( remember that the other study said you pay about a 20% traffic diversion rate for this reduction).

b. Most significant, was the effect on emergency response vehicles which need to go slower also. Kirkland, DOES NOT CONSTRUCT SPEED BUMPS ON PRIMARY AND SECONDARY EMERGENCY RESPONSE ROUTES... because of safety and increase in noise caused by larger vehicles.

This summarizes my concerns. Please DO NOT APPROVE THESE BUMPS which might make marginal speed reductions on Los Palmas, but at a price to the rest of the community of more traffic, loss of safety, and increase in noise.

thank you,

Bill Agee

references:
http://www.ci.madison.wi.us/transp/ntmpfaq.html
http://www.ci.austin.tx.us/roadworks/rwspdhmp.htm

http://www.ci.kirkland.wa.us/depart/Public_Works/Transportation___Streets/Traffic_Calming_Tools.htm

November 14, 2006

do you want speed bumps installed on Avenida Las Palmas ?

There will be a meeting of the Traffic Improvement Sub-Committee held on Wednesday, November 15th at 1:30pm at the City of Dana Point, City Community Center Room B, 34052 Del Obispo Street, Dana Point, Ca 92629. (City Hall is under renovation)

This matter was initiated by some residents living on Avenida Las Palmas. They felt that the speeds needed to be cut back and subsequently suggested speed bumps like on El Malino or Blue Lantern.

Personally, I think another stop sign or two on Las Palmas is preferable to speed bumps.

Please email Mr. Matthew Sinacori, City Engineer at <msinacori@DanaPoint.org> by noon the day of the meeting and tell him how you feel if you can't make the hearing.

November 8, 2006

there is joy in mudville.... big development has struck out

Regardless of your thoughts about the national or regional election results... Dana Point votors have shown that they are very smart people. They weren't fooled by the big development and big hotel money in this election and gave a substantial boost to having this city run in a more businesslike manner. The voters weren't fooled by the political rhetoric and opted for a change that was sorely needed.

The power has now shifted on the city council with Lisa Bartlett and Joel Bishop joining Diane Harkey on what appears to be a path to less acromony, moderate growth and a professional approach to running the affairs of the city.

Let's wish them the best over the next two years. We look forward to seeing a new look to the way the city does business. Here are the final results of the election with all precincts counted. Source: Orange County Register of Voters website.

danapointelection06.jpg

Acacia said:

Can anyone tell me where/how to get the "say no to rehab" signs?

Richard Gardner said:

I agree with the letter by Bill Agee regarding the committees and commissions. It certainly would be nice to have people on the committees who live in or near the neighborhoods who are affected by the decisions. Since we are a small city, commissions are most likely not necessary. A parks commission might be an exception to this rule simple because the city council has been unable to move forward improving and developing our Park assets. One looks at Creekside Park and considers that it sat undeveloped for about 7 years. I recently spoke with a council member of San Juan Capistrano who said he thinks it's the most popular park in all of south Orange County. It took our city two or three trys but they finally got it right!

Jim Kelly said:

With the current "one way" traffic, Town Center is not, and can not be, pedestrian friendly as such.
As one who walks through the town center everyday, I know this.

Town Center today is pedestrian hostile, the only thing missing is a bounty on pedestrians to make it any worse than it is today.

Please vote to amend the Town Center plan to a "two way" traffic flow, as recommended by the consultant and the subcommittee, as soon as possible.

If, procedurally, I can help by proposing "from the audience" that this item be put on the formal council agenda, please let me know.

Since so much hard work and time has been spent on this issue, and since the business owners in the Town Center have "come around" with strong support of this "two way traffic flow" system, I would like to suggest that the sooner that we do this, the better, lest we loose the momentum and go through all the pain of "upgrading Town Center" with none of the gain of "pedestrian friendly" two way traffic.

Lisa Bartlett said:

I would have voted in favor of the Crystal Lantern/Pedestrian Access Project. Dana Point has access to Measure M dollars and also grant money for this project. The project has restrictions and the money for the pedestrian accessway can only be used for such purpose and must commence construction within a given time frame. It is wise for Dana Point to take advantage of the Measure M dollars and the grant money. In addition, this project dovetails perfectly with both the Harbor Revitalization and Town Center projects and will have a positive impact on traffic flow into our city.

Nancy Ellick said:

Pam- Letter I sent to below recipients

Dear Ms. Chase & Mr. Butterworth,

I have just today 11/6 received an email about the impending threat to the Doheny Estate located at Camino Capistrano and Estrella. I am writing to protest the proposition that the Doheny House be relocated. This would completely compromise the the integrity and destroy the history of this 80 year old estate . As a native Californian from the Bay Area , and Capistrano homeowner for 14 years I have been appalled over those 14 years by the blatant disregard and subsequent demolition of historical buildings in the immediate area. Capistrano Beach has a rich and history with significant ties to the Los Angeles Doheny family. The evidence of that relationship being this classic early California Spanish style estate, uniquely situated on a expansive oceanfront bluff. The Doheny house is a source of pride for most Capo residents who know the history of this grand estate and it should become a publicly owned piece of property maintained by the city and historical society for future generations. The Doheny Estate should sit as the crown jewel of Capistrano Beach , rather than downsized and degraded making way for more badly designed Tuscan mini mansions.

Kind regards,
Nancy Ellick

bill agee said:

Greg,

You are always quick at defending what you perceive is " not being honest." It has nothing to do with being honest. I just lay out facts as I knew them about you and the other candidates, and the facts were completely accurate.

Anyway, I thought I treated you fairly gently in my description as I don't have such a negative outlook as you do on running and losing. In my opinion, running and losing is not a negative. Lots of people ran and lost before they ran successfully, in sports as well as politics. It happened to me when I ran for city council in Newport Beach. I lost once before I won. No big deal. Of course, it's more fun to win.

As I am not the fountain of all information about Dana Point politics, I didn't know that Joel ran before. If that's true, I say, more power to him.

You love to shoot at other political people and your overstatement (notice I didn't call it "not being honest") about how much Diane Harkey spent two years ago is not relevant to the subject at hand... which is the current election. Lara Anderson, who Diane helped by bringing Lara to Diane's campaign open houses got by spending substantially less, partially because Diane spent it for her. The thanks Diane got for her trouble was to have the thankless, now Mayor Anderson, immediately change her colors and join with the two big development backed candidates, Jim Lacy and Russ Chilton, already seated on the council to form a 3 person majority. That was an insult to all that supported Lara Anderson. Now, that fits my definition of "not being honest."

Greg, you didn't lose because of the amount of money you spent of didn't spend. You had enough to be competitive. However, you did have a record on the planning commission and some people simply didn't care for it. You also shot yourself in the foot by making the most "sign mess" throughout the city. This is an environmentally conscious town and many people don't like visual clutter on every freeway on and off-ramp.

Good luck Greg. I admire anyone who runs for office even though I can't vote for you. It's a lot of work and at least you served some time on a commission before running and deserve our thanks for that.

Bill

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