Myths about Save Our Seal Beach

AUGUST 25, 2008

The latest lie - "The Referendums, Recalls and 3rd story issue are being
brought by OUTSIDERS; Save Our Seal Beach is a front for big developers from out-of-town."

The truth - Every single supporter, and every single donor to Save Our Seal
Beach is FROM Seal Beach. We are a totally local citizens' committee,
constituted wholly of Seal Beach residents, property owners, merchants and
affected businesses. There is NOT ONE "outside developer" nor is there a
single non-local property or economic interest represented among our Board,
donors, activists and volunteers.

Lying about who we are is typical of our adversaries - they have
lied about every political opponent who has stood up to them and their mean
little special interest group of cronies since the early 1970s. But we do
not fear their lying; their defamation of some of the most civic-minded,
generous and devoted pillars of this community will be exposed over the
course of our campaign to end corruption at City Hall. All the venal,
criminal and shameful abuse of power that has prevailed in City business for
years is finally going to see the light of day and end, as the good people
of Seal Beach prevail, and finally clean up local government in our town.

Another lie - "Save Our Seal Beach wants to change Old Town into just
another 'over-developed' beach city like Huntington Beach, Manhattan Beach or Redondo Beach."

The truth - Save Our Seal Beach formed to oppose those maneuvering
unlawfully to CHANGE Seal Beach by drastically changing the zoning code of
30-plus years. The existing code has made our town look as it does. It is
our opponents, not us, who are trying to dictate extremist new "changes"
through a radical new zoning code that will fundamentally alter the
character of Seal Beach. Moreover, the zoning code can only be changed by
the City Council, particularly in measures which "downzone" private
property, if done so within compliance of mandatory state law - which our
City Council has signally failed to do. This is why we oppose the serial
zoning code changes City Hall keeps attempting to force upon residents. They
relentlessly continue to push a harmful and illegal downsizing agenda that
only "downzoning" fanatics and the Antos/Shanks City Council want - against
the repeated express will of the voters, and in violation of state and local
law, property rights, and free, open and honest citizen action brought
against them through our rights of Referendum, Recall and Initiative.

MAY 15, 2008

Our opponents continue to say a lot of things about Save Our Seal Beach —

And what they say continues to be lies!

The latest lie — "The Referendum on Ordinance 1569 has nothing to do with eminent domain and regulatory takings — it's just a zoning change... so Save Our Seal Beach supporters who talk about eminent domain and regulatory takings are 'hoaxing' residents into signing the Seal Beach Referendum."

The truth — "The definition of 'eminent domain' is: the power of the state to take private property for public use." Downzoning enthusiasts in Seal Beach have argued many specious grounds for taking your home’s square footage and value from you, but their favorite theme is that they are enforcing their public objective to "preserve the quaint character" of the City, at, of course, your private expense of your private property’s square footage and economic value.

To "take" includes "loss or elimination of use or value." All "zoning" authority of the government to remove, reduce, restrict and regulate private property is thus in principle precisely the "takings power of eminent domain" — which is to say, loss of title from a property owner to government power. A regulatory taking represents the taking by government of partial property title from a private owner, and eminent domain represents the taking by government of full title from a private owner.

Takings abuses by government like Ordinance 1569, exercised through the regulatory and "permitting" regime that include devaluation or confiscatory zoning ordinances against homeowners that take effect RETROACTIVELY to the homeowners’ investment and ownership of their private property, are merely a "species" of the genus "eminent domain abuse." To learn more about property rights, eminent domain and regulatory takings, please go HERE and HERE.

Ballot measures known as "Kelo Plus" in several states seeking to correct rampant government eminent domain abuse of property owners, that runs the gamut from zoning changes to bad precedents upheld by the out-of-control courts to outright land and home seizures, include California's own Proposition 98 on the up-coming June 3rd ballot — which type of homeowner protections Seal Beach City Hall in 2006 explicitly sought to end-run and preemptively nullify with their abusive and unlawful Ordinance 1553. Please go HERE to learn the truth. And thank you for joining with us, your committed neighbors, to protect working families and homeowners' rights in Seal Beach.

Another lie — "Save Our Seal Beach 'just doesn't get it'; third stories ruin our quaint town."

The Truth — Nothing can ruin this great little community except class warfare and disrespect of working families by those who "already have theirs." Changing the rules in the middle of peoples’ lives; "pulling up the ladder" on your fellow residents; and pitting neighbor against neighbor with a rigged home value game of "haves vs. have nots" is the PERFECT way to tear this town apart! If the little wealthy clique that has been running City Hall for years wants to inveigh against home improvements and remodeling, and steal square footage and property value from the hard-earned homes and rental properties of family homeowners, they need to go pick another town to do it in.

Qualifying this Referendum REALLY matters for the future not only of our community, but of your very own friends and family. CLICK HERE to learn why this is not just about a few more third story home improvements in Old Town — this is about draconian CITYWIDE DOWNZONING THAT IS STILL THE HOBBY-HORSE OF COUNCILMEN ANTOS AND SHANKS; IS STILL ON THE CITY HALL AGENDA, VIA TAKINGS ABUSES LIKE "FLOOR AREA RATIOS" AND "ANTI-MANSIONIZATION" AND "HISTORIC PRESERVATION" ORDINANCES; AND STILL CAN RADICALLY RESTRICT YOUR RIGHTS to remodel and make home improvements on your private property!

OCTOBER 12, 2006

Our opponents are saying a lot of things about Save Our Seal Beach — such as that SOS Beach "does not tell you that the majority of Old Town residents asked our City Council to limit our Old Town homes to 2 stories to keep its seaside village atmosphere."

Save Our Seal Beach indeed does not tell residents this — because it is not true. In all of the minutes for the Study Sessions, Planning Commission meetings, and City Council meetings on this issue of Downzoning, the gross numbers of open advocacy are as follows:

Of residents who spoke on the measure, sent letters or emails, or signed a petition to the City Council, there were about 340 names submitted advocating passage of the measure. There were about 420 people who appealed to the City Council to reject the measure. Councilman Antos stated that an additional 300 people called him to ask him to pass the measure and only 20 called to ask him to reject the measure. Naively assuming no duplication of persons, that makes 640 FOR, 420 AGAINST.

Those in favor of Downzoning thus falsely claim that 640 is a majority of Old Town residents. According to the voter rolls for Seal Beach, the voter registration for each of Seal Beach's five districts is as follows:

Old Town is District 1 and part of District 3, bringing the voting residents of Old Town to about 4,600 voters. Save Our Seal Beach looks at 640 voters compared to 4,600 voters and rightly calls it a SMALL MINORITY, a faction — not a majority.

Those campaigning to Downzone Seal Beach have circulated a flyer asking you "not to be fooled.... An election will cost you, the taxpayer, $50,000 to $70,000." Don't be fooled. No such Special Election or cost is necessary; such needless expense would only result from City Council's poor judgment — not from a fair vote.

When a Referendum qualifies in a municipality, the ordinance is suspended and the City Council has three options: 1) the City Council can adopt the Referendum (nullify their previous ordinance), 2) the City Council can call a Special Election (this would cost the City, according to the City Clerk, between $50,000 and $70,000), or 3) the City Council can put the Referendum on the ballot at the time of the election of the next council member (currently, November, 2008). Placing Ordinance 1553 with the 2008 election would cost the City no extra expense, as the Referendum would be consolidated with ongoing elections.

Save Our Seal Beach does not know which of these options the City Council will adopt, but only one of the three incurs an additional expense upon the taxpayers.