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Home My WebLink AboutResolution 2013-30 directing the Police Department to formal�,q{•'mil k�� '�\}�A` Dept. ID PD-13-009 Page 1 of 2 Meeting Date: 7/15/2013 70PAO -b 6-- / - / Ab, A4444y6,&LrJ CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/15/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Adopt Resolution No. 2013-30 directing the Police Department to formally protest with the Department of Alcoholic Beverage Control any future application for an "off -sale" Alcoholic Beverage License within the Downtown Specific Plan Area, District 1 Statement of Issue: Attached is a proposal to adopt Resolution No. 2013-30 directing the Police Department to formally protest with the Department of Alcoholic Beverage Control any future application for an "off -sale" Alcoholic Beverage License within the Downtown Specific Plan Area, District 1. The proposed action is intended to reduce the impact of alcohol related problems and crimes in the downtown area and on the beach. Financial Impact: Not applicable Recommended Action: Adopt Resolution No. 2013-30, "A Resolution of the City Council of the City of Huntington Beach Directing the Chief of Police Regarding Off -Sale Alcohol Establishments" in the Downtown Specific Plan Area, District 1. Alternative Action(s): Do not adopt Resolution No. 2013-30 and direct staff accordingly. Analysis: In January, 2013, the City Council adopted a six-month strategic plan that included an objective directing the Chief of Police to present a report to them including recommendations for Council action regarding the impact of alcohol sales and consumption in downtown Huntington Beach. That report was subsequently presented to the City Council and the recommended actions were thoroughly discussed at a City Council Study Session on June 3, 2013. Included in the recommendations made by the police department was a recommendation to prohibit any additional off -sale alcohol licenses in the downtown area because the police department had determined that off -sale alcohol contributed to alcohol related crimes and problems downtown, in the surrounding residential areas, and on the beach. At the conclusion of the study session, the Chief of Police was directed by the City Manager to work with the City Attorney to draft a resolution incorporating the recommendation to take action to prohibit any new Off -Sale Alcoholic Beverage Control Licenses in the Downtown Specific Plan Area, District 1. Currently, any retail establishment in the Downtown Specific Plan Area, District 1, is permitted to have off -sale alcoholic beverages if less than ten percent (10%) of the floor area is devoted to alcohol sales. Changing that condition will require a Zoning Text Amendment; the Planning staff will begin the process to make that change. However, any new request for off -sale alcohol also requires a license from the Department of Alcoholic Beverage Control. When the Department of Item 15. - 1 HB -244- Dept. ID PD-13-009 Page 2 of 2 Meeting Date: 7/15/2013 Alcoholic Beverage Control receives an application for a new, or a modification to an existing, Alcoholic Beverage Control License, the application is routinely forwarded to the police department for comment. The purpose of this resolution is to formally direct the police department to protest any future application for an Off -Sale Alcoholic Beverage Control License in the Downtown Specific Plan Area, District 1. The final decision regarding the issuance of the license will be made by the Department of Alcoholic Beverage Control. However, filing a formal protest to the license application will enable the City and Police Department to present information to the hearing officer regarding the impact of off -sale alcohol on downtown residents, businesses and visitors. Environmental Status: Not applicable Strategic Plan Goal: Enhance and maintain public safety Attachments: 1. Resolution No. 2013-30, "A Resolution of the City Council of the City of Huntington Beach Directing the Chief of Police Regarding Off -Sale Alcohol Establishments" HB -245- Item 15. - 2 ATTACHMENT #1 Item 15. - 3 H B -246- RESOLUTION NO. 2013-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DIRECTING THE CHIEF OF POLICE REGARDING OFF -SALE ALCOHOL ESTABLISHMENTS WHEREAS, the City of Huntington Beach desires to maintain a vibrant and safe downtown commercial area to be enjoyed by visitors, residents and families; and Toward that end, the City Council has established standardized Conditions of Approval for Conditional Use Pen -nits in the Downtown Specific Plan, District 1 area with alcoholic beverage sales and/or an entertainment permit, Further, the City Council has determined, based on information provided by the Police Department, that additional off sale alcoholic beverage establishments in the Downtown area may have an adverse impact on the City's desire to maintain a vibrant and safe downtown commercial area, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the Chief of Police protest any future license applications for off -sale alcohol establishments in the Downtown Specific Area, District 1. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of July , 2013. REVIE ND APPROVED: Cit M n ger INITIATED AND APPROVED: Police Chief- APP D AS TO FORM: Cit Attorn 13-3825/99158.doc Res. No. 2013-30 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 15, 2013 by the following vote: AYES: Sullivan, Boardman, Carchio, Shaw, Katapodis NOES: Harper ABSENT: Hardy ABSTAIN: None -1` �. City 6ferk and ex-officio Crk of the City Council of the City of Huntington Beach, California RICHARDSON GRAY'' 415 Townsquare Lane #208, Huntingtop Icach, CA ?,;04�8 714-348-1928, richardson.gray`yalioo.com HAND DELIVERED July 12, 2013 Dear Mayor, Mayor Pro Tem, and Council Members: For your July 15th meeting, I support your adoption of two agenda items, numbers 15 and 23. The first is Resolution No. 2013-30, directing the Chief of Police to protest any future "off -sale" ABC licenses for District 1 in Downtown. The second is Council Member Carchio's recommendation for a Downtown Task Force. On the Downtown Task Force, I have a suggestion. In addition to Council Member Carchio's recommended members, I suggest six more. To balance the seven business representatives, I suggest that the Task Force should have three more representatives from Downtown's residential neighborhoods, bringing their number to a matching total of seven. Furthermore, I suggest that the Task Force should include three representatives from Downtown's nearby public schools, one each from Smith Elementary, Dwyer Middle, and Huntington Beach High. My suggestion comes from the idea that our Downtown is just as much an affluent, established residential neighborhood as it is a tourist district. As such, the Downtown neighborhoods should have at least an equal voice with the tourist interests. In that the Downtown tourist district impacts the nearby schools, the parents and schoolchildren who live in our Downtown neighborhoods, too, should have an important voice concerning our tourist district. A strong quality of life for our surrounding Downtown neighborhoods and for our public schools is crucial to the long-term success of our tourist district. I have two telling personal anecdotes on this subject. One of Downtown's major resident leaders recently sold his home and moved to another area of the City, largely due to his and his wife's fears about the bad influence that our overly rowdy Downtown tourist district was having on their young children. As he put it to me, those forty Downtown bars are never going away. For another example, my best friend of the last six years, who lives in Anaheim, a city with a much higher crime rate than Huntington Beach, will not allow her sixteen -year -old daughter to visit our Downtown, even during the days. She is fearful for her daughter's safety here. Again, I urge you to adopt these two agenda items. Thank you for your consideration. SUPPLEMENTAL Sincere/ ours COMMUNICATION yMOOV Date: 7 Ar -/_3 cc: Fred A. Wilson, City Manager; Joari L. Flynn, City Clerk; Ager4a Item No.�, Kenneth W. Small, Chief of Police; Scott Hess, AICP, Director of Planning