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Home My WebLink AboutCITY COUNCIL MEMBER ITEM FOR JULY 7, 2014 - CITY COUNCIL MEE �o 1�L 0 CITY OF HUNTINGTON BEACH W", City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Dave Sullivan, City Council Member ®ate: June 30, 2014 Subject: CITY COUNCIL MEMBER ITEM FOR TIME JULY 7, 2014, CITY COUNCIL MEETING— RECONSIDER PREVIOUS COUNCIL ACTION TO RESTRICT HOURS OF NEW RESTAURANTS WITH ALCOHOL DOWNTOWN STATOOT OF 93SUE: On June 16, 2014, the City Council voted (5-2)to direct staff to prepare a Zoning Text Amendment to specify that any new eating and drinking establishment with alcohol sales in District 1 of the Downtown Speck Plan (DTSP) shall be required to close by 10:00 PM Monday through Sunday. The hours of operation restriction shall apply to any new establishment that exceeds the currently entitled establishments with Alcoholic Beverage Control (ABC) licenses within District 1 of the DTSP. Also, a limit was placed on the number of establishments with liquor licenses. After further consideration I believe that 11:00 PM is a more reasonable time for closure on the weekends. As a Council member on the prevailing side, I wish to move for reconsideration of the June 16, 2014 action and propose that the prohibition on alcohol sales be applicable to new establishments whose hours exceed 10:00 PM Sunday through Thursday and 11:00 PM Fridays and Saturdays. Also, I want to repeal the limitation of the number of liquor establishments because it has the unintended consequence of increasing the value of the licenses of the problem bars making it more difficult for good restaurants to come into the area. COMMENDEU ACTjON: 1. Reconsider the June 16, 2014, City Council action directing staff to process a Zoning Text Amendment to prohibit any new eating or drinking establishments with alcohol sales in District 1 to remain open past 10:00 PM Monday through Sunday, and the placing of a restriction on the number of establishments serving liquor. 2. If the motion to reconsider passes, direct staff-to not,process a Zoning Text Amendment r-estricting_any new eating.and drinking establishment with alcohol sales in District 1 of the Downtown Specific Plan;..and modify the closing time to 10:00 PM Sunday through Thursday, and 11:00 PM Friday and Saturday. The hours of operation restriction shall apply to any new establishments that replace current entitled establishments with ABC licenses within District 1 of the DTSP. xc: Fred A. Wilson, City Manager �VD Ken Domer, Assistant City Manager Joan Flynn, City Clerk Scott Hess, Director of Planning and Building Kellee Fritzal, Deputy Director of Economic Development �z ' ell --- ool - ----------- - - -- -- --. . - ---= - -------- -- --- ---- - --------------- ---- - j , - ------- --% �l 0 C-7 CITY O HUNTINGTON BEACH e City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Dave Sullivan, City Council Member p S Date: June 30, 2014 Subject: CITY COUNCIL MEMBER ITEM FOR THE JULY 7, 2014, CITY COUNCIL MEETING - RECONSIDER PREVIOUS COUNCIL ACTION TO RESTRICT HOURS OF NEW RESTAURANTS WITH ALCOHOL DOWNTOWN STATEMENT OF 95SUE: On June 16, 2014, the City Council voted (5-2) to direct staff to prepare a Zoning Text Amendment to specify that any new eating and drinking establishment with alcohol sales in District 1 of the Downtown Specific Plan (DTSP) shall be required to close by 10:00 PM Monday through Sunday. The hours of operation restriction shall apply to any new establishment that exceeds the currently entitled establishments with Alcoholic Beverage Control (ABC) licenses within District 1 of the DTSP. Also, a limit was placed on the number of establishments with liquor licenses. After further consideration I believe that 11:00 PM is a more reasonable time for closure on the weekends. As a Council member on the prevailing side, I wish to move for reconsideration of the June 16, 2014, action and propose that the prohibition on alcohol sales be applicable to new establishments whose hours exceed 10:00 PM Sunday through Thursday and 11:00 PM Fridays and Saturdays. Also, I want to repeal the limitation of the number of liquor establishments because it has the unintended consequence of increasing the value of the licenses of the problem bars making it more difficult for good restaurants to come into the area. RECQMMENDED ACTION: 1. Reconsider the June 16, 2014, City Council action directing staff to process a Zoning Text Amendment to prohibit any new eating or drinking establishments with alcohol sales in District 1 to remain open past 10:00 PM Monday through Sunday, and the placing of a restriction on the number of establishments serving liquor. 2. If the motion to reconsider passes, direct staff to process a Zoning Text Amendment restricting any new eating and drinking establishment with alcohol sales in District 1 of the Downtown Specific Plan, and modify the closing time to 10:00 PM Sunday through Thursday, and 11:00 PM Friday and Saturday. xc: Fred A.Wilson, City Manager Ken Domer, Assistant City Manager Joan Flynn, City Clerk Scott Hess, Director of Planning and Building Kellee Fritzal, Deputy Director of Economic Development 7- 7- jai , VIM) - Ab r Planning Commission and Staff Recommended Action: A) Approve General Plan Amendment No. 14-001 by adopting City Council Resolution No. 2014-31, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 14-001 (Airport Circle Residential);" and, B) Approve Zoning Map Amendment No. 14-001 within findings for approval and approve for introduction Ordinance No. 4029, "An Ordinance of the City of Huntington Beach Amending District Map 24 (Sectional Map 21-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Generally Located on the West Side of Airport Circle Approximately 300 Feet Northr of Warner Avenue from Residential Medium Density (RM) to Residential Medium High Density (RMH) (Zoning Map Amendment No. 2014-001)." Approved 7-0 COUNCILMEMBER ITEMS 19. Submitted by Councilmember Sullivan - Establish an Ad Hoc Committee to provide a memorial for Robin Samsoe Recommended Action: A) As amended to place Sullivan, Carchio and Shaw on a new Ad Hoc Committee charged with the task of placing a bench or other significant memorial for Robin Samsoe, at City expense, in a very visible and prominent spot in Pier Plaza to both honor her memory and to serve as a constant reminder that Huntington Beach is determined to do everything possible to protect our children; and, B) The public safety services of Huntington Beach (Police, Fire and Marine Safety) report to the City Council on the steps that they are taking to try to prevent a repeat of this tragedy. Approved 7-0 20. Submitted by Councilmember Sullivan - Reconsider previous Council action to restrict hours of new restaurants with alcohol Downtown Recommended Action: A) Reconsider the June 16, 2014 City Council action directing staff to process a Zoning Text Amendment to prohibit any new eating and drinking establishments with alcohol sales in District 1 to remain open past 10:OOPM Monday through Sunday, and the placing of a restriction on the number of establishments serving liquor Approved 6-1 (Boardman-No) B) As amended to direct staff to process a Zoning Text Amendment restricting any new eating and drinking establishment with alcohol sales in District 1 of the Downtown Specific Plan from serving alcohol past 10:00 PM Sunday through Thursday, and 11:00 PM Friday and Saturday, but allow food service until City Council/PFA Action Agenda—Monday, July 07, 2014 midnight. Approved 4-3 (Harper, Boardman, Sullivan-No) COUNCILMEMBER COMMENTS (Not Agendized) Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio reported ADJOURNMENT at 10:57 PM, in memory of Newport Beach Lifeguard, Ben Carlson, who passed away while performing his life saving duties this past weekend. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, July 21, 2014, at 4.00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHOR/TYAGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT h tta://Www.h un tin gto n b ea ch ca.-go v -10- City Council/PFA Action Agenda— Monday, July 07, 2014 oA C�. CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Connie Boardman, City Council Member Date: June 9, 2014 Subject: CITY COUNCIL MEMBER ITEM FOR THE JUNE 16, 2014, CITY COUNCIL MEETING— CAP ALCOHOL LICENSES AT THE PRESENT LEVEL IN DISTRICT 1 IN THE DOWNTOWN SPECIFIC PLAN STATEMENT OF ISSUE: The City Council and the Downtown Task Force has heard much testimony from residents in the downtown about how the oversaturation of alcohol has negatively impacted their quality of life. The City Council does not have the authority to revoke existing alcohol licenses of businesses downtown as long as those businesses operate within the conditions of their permits. However, the City Council can cap the number of licenses. On October 21, 2013, the City Council voted (6-1) to prohibit the sale of alcohol for off-site consumption for any new-use in District 1 of the Downtown Specific Plan area. During that hearing, I expressed an interest in bringing forth the discussion of a cap for on-site licenses as well. RECOMMENDED ACTION: Direct staff to bring to the City Council a zoning text amendment capping alcohol licenses at the present number in District 1 of the Downtown Specific Plan area. Xc: Fred Wilson, City Manager .100 Ken Domer, Assistant City Manager Joan Flynn, City Clerk Scott Hess, Director of Planning & Building Kellee Fritzal, p 6',�,eeel-10 - /jv SUPPLEMENTAL Es arza, Pa COMMUNICATION. From: Surf City Pipeline [noreply@user.govoutreach.com] jyjgeong Date: Sent: Thursday, June 12, 2014 2:52 PM To: CITY COUNCIL; Agenda Alerts Subject: Surf City Pipeline: Comment on an Agenda Item (nAJ# No. Request# 18562 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council -Agenda& Public Hearing Comments Citizen name: Richardson Gray Description: Dear Mayor Harper, Mayor Pro Tern Shaw, and Councilmembers Boardman, Carchio, Hardy, Katapodis, and Sullivan, I have owned my home in our Downtown neighborhood for over seven years, on Sixth Street near the corner of Main Street. I am writing you in support of Councilmember Boardman's Item 24 for your June 16th meeting, proposing a cap on the number of"on sale" or "on site" alcohol Conditional Use Permits(CUPS) at the current number of such CUPS in the Downtown Core (District 1 of the Downtown Specific Plan(DTSP) area). In the last year, the Council enacted a similar DTSP amendment prohibiting new alcohol CUPS for retail stores("off sale" or "off site") in District 1. According to the California Department of Alcoholic Beverage Control (ABC),this District 1's census tract should have no more than 5 "on site" alcohol licenses,to avoid undue concentration. The City, to date, has issued alcohol CUPS for 42 "on site" licenses in our census tract, over 8 times the ABCs recommended number. Similarly, the total capacities of the "on site" ABC establishments in our census tract exceed 6,000 bar patrons. In contrast, our census tract has less than 4,000 residents. From the existing ABC "on site" establishments, our Downtown neighborhoods are literally overrun with late night bar patrons. The Police Department's annual summaries of the last three years, all of which are attached, for the two major reporting districts (451 and 461) in District 1, show that these districts' combined crime rate was over eight times the Citywide average for 2013, and over ten times this average for both 2012 and 2011. These two districts had the highest crime rates in the City for all three years, and many of the crimes were alcohol and drug related. Citywide, for the last four years for which statistics are available, 2008 to 2011, Huntington Beach has ranked in the top five mid-size cities in the entire State for alcohol related vehicle accidents per capita, resulting in death or bodily injury, including ranking first in the last year, 2011, and also in 2009. These DUI accident statistics can be found at the following link to the California Office of Traffic Safety. http://www.ots.ca.y-ov/Media and Research/Rankings/default.asp A large number of these serious DUI accidents emanate from Downtown's over- t saturation of bars. Per a Huntington Beach Independent article, Huntington Beach had at least 7 DUI accident deaths last year, including Kelly Morehouse. I hope that the Council agrees with me that these high numbers for DUI accidents and crime are completely unacceptable if we want to bolster our Downtown's image as a safe place for residents and tourists alike. By stopping the growth of alcohol-serving restaurants and bars in District 1, our Police Department then will be able to focus more on better managing our existing huge crowds of bar patrons. In my view, 42 alcohol- serving bars and restaurants in this small geographic area are already far too many. Thank you for your consideration of my views and, I hope, support for Councilmember Boardman's Item 24. Richardson Gray Expected Close Date: June 13, 2014 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 2 Esparza, Patty From: Dombo, Johanna Sent: Monday, June 16, 2014 7:49 AM To: Esparza, Patty Subject: FW: Surf City Pipeline: You have been assigned a new Request#: 18593 From: Surf City Pipeline [mailto:noreply@user.govoutreach.com] Sent: Sunday, June 15, 2014 8:08 PM To: Dombo, Johanna Subject: Surf City Pipeline: You have been assigned a new Request #: 18593 Request# 18593 from the Government Outreach System has been assigned to you. Request type: Comment Request area: Inquiry to a City Council Member Citizen name: Mike Heh Description: Please consider supporting Connie Boardman's Item#24 Expected Close Date: June 25, 2014 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. SUPPLEMENTAL COMMUNICATION Meets Date: oLI-1�L Item No. 01