PUBLIC SAFETY REPORT RELEASED

FEBRUARY 28, 2011 The HBDRA released a report today entitled, A PUBLIC SAFETY STUDY OF DOWNTOWN HUNTINGTON BEACH. Click HERE to view the PDF Report.

This is the first report of its kind released to the public quantifying Public Safety issues facing our Downtown Neighborhood of nearly 4000 residents.

As one might suspect, the Downtown Bar Scene is creating havoc with Public Safety in our Downtown Neighborhood as well as citywide; no one is immune.

• Of the 69 largest cities in the State, Huntington Beach is #1 in DUI traffic accidents involving death or injury. We are #1 in DUI arrests 4 years in a row.

• We have over 700% more bars and 300% more liquor stores per capita than the rest of Orange County

• 28% of all the bars in Huntington Beach are located Downtown. We have 55 times more bars per square mile Downtown than the rest of the City.

• We have 73 times more alcohol-related assaults and 136 times more Drunk in Public arrests.

And here is the OTHER BAD NEWS. Our City Council majority continues to approve more alcohol licenses Downtown and they continue to ignore their #1 responsibility which is to ensure the Public Safety.

Why? What are the facts? Click HERE to view the PDF Report.

Please attend the City Council meeting on March 7th at 6:00 PM.

At this meeting they will vote on an alcohol license for Bomburger, a small take-out hamburger place on Main Street. We say NO! Enough is Enough!

Please join the HBDRA at the meeting.

The HBDRA is not asking for a moratorium on alcohol licenses. We are not asking to close down all the bars. The HBDRA is simply asking for BALANCE. We are asking that our City Council remember that Downtown is, first and foremost, a neighborhood of 4000 residents.

We are asking our City Council to place Public Safety for its citizens as their Number 1 priority and not sacrifice Public Safety in their quest for more and more revenue.

Our OFFICIAL POSITION STATEMENT is as follows

1) The HBDRA supports a more balanced Downtown that creates a safer environment for both residents and tourists.

2) The HBDRA supports public safety in the immediate Downtown neighborhood of 4000 residents and in the Huntington Beach community at large.

3) The HBDRA does not support a moratorium of alcohol licenses Downtown.

4) The HBDRA does not support the unwarranted closure of any Downtown bars or other alcohol-serving establishments Downtown, deferring these decisions to our City Officials.

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WHAT”S UP WITH THE IRISH PUB?

UPDATE MARCH 16, 2011 Sources have now confirmed that Dillon’s will NOT be opening in Downtown Huntington Beach.

JANUARY 28, 2011 Sources have told the HBDRA that Dillon’s, the Irish Pub at the Strand in Downtown, will most likely not be opening in Huntington Beach after all.

Apparently, the new City Council Resolution 2010-05 that states all new restaurants must close at midnight rather than 2AM, does not meet their needs for a late night entertainment venue.

The Strand Leasing Office is taking backup offers and waiting until early February for the final decision from Dillon’s.

First Bomburger, now Dillon’s – could this be the beginning of a new revitalized Downtown that does not depend on alcohol and a late night bar scene for its very survival? Let’s hope so.

UPDATE MARCH 7, 2011 At the City Council meeting today, the owner of Bomburger recinded their application for an alcohol license citing residential concerns over public safety. The HBDRA extends its gratitude to Bomburger and wishes them all the best.

UPDATE FEBRUARY 8, 2011 The Bomburger appeal to the City Council is scheduled for March 7th.

BOHR FILES BOMBURGER APPEAL

FEBRUARY 5, 2011 Thirty minutes before the deadline yesterday, City Council Member Keith Bohr filed an appeal of the Bomburger decision to the City Council.

On January 25th, the Planning Commission voted 4-3 to deny Bomburger an alcohol license. Bomburger is that small Downtown take-out hamburger hamlet on Main Street and now they want to sell beer and wine in violation of City policy.

Bohr seems to consider that an exception to City policy may be appropriate, and after trying to influence (unsuccessfully) the vote on the Planning Commission, he is now taking it to the City Council, where his influence will be greater.

Councilman Bohr was the only City Council member that tried to influence the Planning Commission regarding this vote and he contacted a majority of the Commissioners, which is unprecedented, and has raised concerns regarding a Brown Act violation.

The Planning Commission is comprised of individual City Council appointees and does not have a specific Council liaison which means that all Council members are liaisons. According to City Council Resolution 99-84, Council liaisons “should not direct the advisory body towards specific actions or activities” . . . and “should not impact the outcome of a decision or a vote.”

Some might consider this type of influence peddling to be inappropriate and in violation of City policy – we’ll let others chew on that for a while and determine if an investigation or other action is warranted. Bohr, however, is no stranger to extending his influence where it may not be appropriate.

As a Planning Commissioner in 2003, he was forced to resign his appointment less than six months after being sworn in because of an influence-related allegation.

The HBDRA opposes the issuance of any more alcohol licenses in Downtown Huntington Beach due to the related crime associated with an undue concentration and over-saturation of alcohol consumption in the Downtown area. In January, it was announced by the State of California Office of Traffic Safety that Huntington Beach ranks #1 in alcohol related traffic accidents. Click HERE to read more.

In his 2008 City Council campaign website, it states, “Your vote for Keith Bohr means a commitment to maintain our low crime rate.” Perhaps Mr. Bohr can explain how adding another alcohol license in Downtown helps maintain our low crime rate. (Which, by the way, isn’t low at all.) Some might argue just the opposite. We don’t need another place to consume alcohol Downtown and we don’t need another alcohol related traffic accident or DUI fatality causing personal tragedy for families and individuals. Mr. Bohr, please withdraw your appeal.

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UPDATE FEBRUARY 12, 2011 On Thursday, February 10th, Baja Sharkeez received a letter from Huntington Beach Police Chief Ken Small advising the restaurant of changes to their Entertainment Permit.

Effective March 1st, citing a large number of violations and public safety concerns, the new Entertainment Permit will restrict entertainment at Sharkeez to 11:00PM daily, from its current time of 1:30AM.

The story was broken by the Huntington Beach Independent (click HERE).

The HBDRA Board of Directors issued an official statement:

“The board of the HBDRA stands with the Chief of Police in his bold efforts to reform the atmosphere and make Downtown Huntington Beach a safe and inviting place for guests and residents alike.

If the Chief or any City official would like to discuss further ways to implement solutions at Sharkeez or any other downtown locations, we would be willing and eager to meet representing the needs and concerns of the residents of Downtown Huntington Beach.”

In a private conversation with the owner of Sharkeez, HBDRA Spokesperson Kim Kramer, was assured that Sharkeez is sincerely interested in establishing new guidelines to accommodate the Chief’s concerns and will work diligently toward that goal.

The HBDRA board was given a presentation by Sharkeez with several innovative and pro-active suggestions to cut down on drinking and driving, reduce DUI’s and keep our community safe. It is a good start. The HBDRA encourages all Downtown late night bars to look at ways in which they can make our streets and community safer.

The City of Huntington Beach is currently the #1 city in the entire state for alcohol related traffic accidents (click HERE) – that must change.

STATE INVESTIGATES SHARKEEZ FOR DUIs

FEBRUARY 3, 2011 The State of California Department of Alcohol Beverage Control (ABC) is investigating Downtown HB restaurant/bar, Baja Sharkeez, for allegedly being associated with too many DUI’s.

The Huntington Beach Independent broke the story on February 1st – to view the article, click HERE.

The HBDRA did its own DUI Analysis at the beginning of 2010 using crime statistics provided by the HBPD for the nearly two year period from January 1, 2008 through November 20, 2009. The study concluded that Sharkeez, at that time, was the #1 establishment allegedly contributing to the DUI problem in Huntington Beach, according to police data.

According to the HB Independent article, Sharkeez owner, Ron Newman, disputes the findings and concludes that the numbers can not be directly linked to his establishment. That would apply to the HBDRA analysis as well, and the HBDRA recognizes the relevance of his conclusions and those of the HBPD, hence we support a fair and impartial investigation.

The HBDRA analysis looked at the raw number of DUI’s and also the “per capita” numbers based on occupancy, evaluating all establishments that had more than 10 associated offenses according to the HBPD data. Based upon these two criteria, Sharkeez was rated #1 in both categories. And based on the establishments included in the study, Sharkeez was associated with 27.4% of the total DUIs (more than 3x as many) as compared with 8.3% if everything was distributed equally among all establishments in the study.

KTLA REPORTS ON HB EXCESSIVE DUIs

FEBRUARY 3, 2011 KTLA reporter Lynette Romero was Downtown this morning reporting on the excessive DUI problem with Huntington Beach.

HUNTINGTON BEACH (KTLA) — The state Office of Traffic and Safety has released new data suggesting that Huntington Beach has the largest number of alcohol-related crashes per-capita in California. And one bar in particular is in hot water, after police complaints that it’s been linked to an excessive number of drunk driving arrests. For the rest of the story and VIDEO, click HERE.

UPDATE FEBRUARY 3, 2011 The KTLA story has been picked up by The Huffington Post.

FOR MORE MEDIA COVERAGE . . . CLICK ON THE LINKS BELOW:

FEBRUARY 3, 2011 SURF CITY’S ALCOHOLIC DOWNTOWN: BUILD IT AND THEY WILL DRINK (AND DRIVE)

FEBRUARY 2, 2011 STATE INVESTIGATING SHARKEEZ DUI DATA

FEBRUARY 2, 2011 STATE INVESTIGATING H.B. SHARKEEZ DUIs

FEBRAURY 2, 2011 COUNCILMAN’S ACTIONS “CALLS FOR CONCERN”

FEBRUARY 2, 2011 HUNTINGTON TOPS DUI COLLISIONS LIST

JANUARY 26, 2011 NO BEER, WINE FOR BOMBURGER

JANUARY 19, 2011 DUI ARRESTS WON’T GO PUBLIC

JANUARY 13, 2011 DUI CHECKPOINT PLANNED FOR BEACH BOULEVARD

JANUARY 13, 2011 DOWNTOWN RESTAURANT WANTS ALCOHOL PERMIT

DRUNK IN HB . . . BY THE NUMBERS

January 27, 2011 The 2009 study from the State of California Office of Traffic Safety was just released.

The following statistics include information from the California Department of Finance, Caltrans, California Highway Patrol and California Department of Justice.

1) There are 480 cities in the state of California.

2) Based on population, Huntington Beach is the 20th largest city in the state.

3) Based on all cities with a population of 100,000 or more (there are 69), Huntington Beach has the most Alcohol Related Traffic Accidents per capita than another other city in the state.

That makes us #1 for 2009; worse than the 19 largest cities in California including Los Angeles, San Diego, San Francisco, San Jose and 15 other cities larger than Huntington Beach in population. And we’re on a downward trend starting with our 2006 ranking of 8, then 7, then 4 in 2008, and now we’re #1.

4) In terms of just pure numbers (not per capita) of Alcohol Related Traffic Accidents, Huntington Beach is #8 in the state. We had 17% more Alcohol Related Traffic Accidents than Long Beach which has a population 2-1/2 times larger than Huntington Beach. What are they doing right and what are we doing wrong?

5) The California Office of Traffic Safety groups Huntington Beach in Category “B” – cities with a population between 100,000 and 250,000. There are 56 cities in this group and here are the statistics for Huntington Beach:

OUR RANKING

#7 Population

#2 Number of Alcohol Related Traffic Accidents

#1 Alcohol Related Traffic Accidents per Capita

#1 Number of DUIs

#4 DUIs per Capita

#1 DUIs per DVMT (Daily Vehicle Miles Traveled)

As a community, we need to understand why this is happening, who is to blame, and how we can fix it. Stay tuned to this website; the answers to these questions and much more information is coming soon.

And remember, this is NOT a “Downtown” issue. Alcohol Related Traffic Accidents and DUIs happen all over Huntington Beach at all hours of the day and night.

Please join the HBDRA by clicking the “JOIN HBDRA” tab at the top of this page. There is strength in numbers: add your voice to ours.

UPDATE JANUARY 27, 2011

Bomburger ABC License Defeated For Real?

Was our victory at the Planning Commission on Tuesday real . . . or not?

According to an HBDRA source, a current downtown business owner seeking an ABC license was told by the Planning Department yesterday that, based on the Bomburger defeat, he should cool it and not waste the $4K application fee.

We were sure that the Planning Commission decision would be appealed to the City Council, but now we have our doubts.

Kim Kramer, HBDRA board member was told today by Mayor Carchio, on the record, that he would not appeal it to the Council.

So, what gives? The deadline to file an appeal is February 4th. Check back then for an update.

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UPDATE JANUARY 25, 2011 (POST MEETING)

The Planning Commission had three options tonight regarding the Conditional Use Permit (CUP) for Bomburger:

1) Approve the CUP as requested; close at 2AM, serve beer and wine til 10PM, or

2) Abide by the City Council Resolution 2010-05 and close at midnight, serve beer and wine til 10PM, or

3) Deny an alcohol license completely and reject the CUP in it’s entirety.

There were two public speakers, the owner of Bomburger and Kim Kramer of the HBDRA who opposed both options 1) and 2).

Blair Farley lead the charge with a persuasive argument that won the day with the Planning Commission voting 4-3 in favor of option #3.

Bixby, DelGleize, Farley, Mantini – YES.

Peterson, Ryan, Shier-Burnett – NO.

This matter will most certainly be appealed to the City Council. We will keep you posted.

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Planning Commissioner Erik Peterson ran for City Council in 2010 losing with only 3.4% of the vote placing 14th in a field of 20. He has since declared his candidacy for City Council in 2012.

In responding to the HBDRA 2010 City Council Candidate Questionnaire on Downtown Alcohol Issues, his response was:

” . . . we should not allow any more liquor licenses to be issued in the downtown area. . . Any actions I would consider in regards to these issues would be based on this belief.”

In a face-to-face meeting on Monday with HBDRA Board Member Kim Kramer, he re-confirmed unequivocally the validity of his position as stated.

Yet he voted in total opposition to his stated conviction with no apologies offered after the close of session and no contribution to the debate during the hearing. It was a poor performance to say the least.

With that said, newly appointed Commissioner Peterson may have had “first-night” jitters or was overly influenced by City Councilman Bohr who could be very influential in the upcoming 2012 elections. It was disclosed that Councilman Bohr contacted Peterson prior to tonight’s vote.

In any case, for those of us keeping score for the 2012 City Council elections, it’s a big “goose-egg” for Mr. Peterson.

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PLANNING COMMISSION MEETING TUESDAY

TIME: TUESDAY, JANUARY 25th at 7:00 PM

PLACE: CITY COUNCIL CHAMBERS, CITY HALL

SUBJECT: Downtown hamburger hamlet Bomburger is asking for approval to serve alcohol (beer and wine) in exception to a recently established City policy.

The HBDRA opposes this and will ask the Planning Commission to support City Council Resolution 2010-05. The HBDRA will also ask the Commission to go further in denying Bomburger ‘s request for an alcohol license entirely.

The HBDRA believes we have a serious over-saturation of alcohol licenses downtown which negatively affects public safety and residential quality of life.

PLEASE ATTEND. GET INVOLVED. MAKE A DIFFERENCE.

ON THE RECORD.

Where do our newly elected City Council members stand on the Late-Night Bar Scene in Downtown Huntington Beach?

Here are their responses to the HBDRA City Council Candidate Questionnaire as of November 2, 2010:

QUESTION: There is a growing situation with the late-night downtown entertainment establishments that serve alcohol and negatively impact downtown residential parking, public safety, and community quality of life. What are your views on this subject and what actions would you consider, if any, to address the residents’ concerns if you are elected to the City Council?

CONNIE BOARDMAN: All neighborhoods in our city matter. Downtown residents have the same right as any other residents to a peaceful, safe neighborhood. To reduce the parking impacts on the surrounding neighborhoods I support shuttles to bring visitors into downtown from areas such as shopping center parking lots. We also have to keep in mind the valid concerns of downtown residents when approving business uses in the downtown area. Downtown has too many bars and clubs, what we need is a greater diversity of business so families feel comfortable downtown at night.

HBDRA: Connie Boardman endorses a balanced and reasonable approach to Downtown issues and supports residential quality of life concerns. The HBDRA endorsed Connie Boardman for City Council in the 2010 election.

JOE CARCHIO: My view of Downtown’s late night drinking and some negative issues is clear and a matter of record. I have been working on and proposing solution for a number of years. I have been instrumental in helping to develop new policies for both he Police and the City that are having a positive effect already.

HBDRA: Despite his “positive” yet unsubstantiated response above, Joe Carchio endorses a pro-business, pro-development agenda with little regard for residential quality of life.

MATT HARPER: As a beach city, our downtown hugs the Pacific coast, miles from the freeways. As a result, our downtown is not home to major corporate headquarters, or large accounting, legal, architectural or engineering firms. However, our downtown is home to civic, educational, and religious institutions. Our downtown is also home to restaurants, entertainment venues and shops. I will listen to the concerns and ideas of all stakeholders, including; residents, property owners, business owners, restaurant patrons and city staff. I will also look to best practices used across the region to look for solutions.

HBDRA: The HBDRA is anxious to watch Mr. Harper as he establishes his voting record on the important issues facing our Downtown neighborhoods.”

JOE SHAW: As a former downtown resident, I spoke before the planning commission in 2006 when the Black Bull was first proposed, asking that the commission deny their conditional use permit. Countless police reports later, the Black Bull, originally proposed as a “family restaurant” is still in business as a nightclub. We must have a measured approach to new businesses downtown. Downtown is first and foremost a neighborhood. The city has a stake in making sure there is a healthy mix of businesses downtown, including neighborhood services and more retail that will make for a healthier downtown for residents and visitors. That’s why I am not opposed to a moratorium on new liquor licenses. We must reclaim our reputation as a family oriented tourist destination.

HBDRA: Joe Shaw is a strong advocate for reasoned judgment and balance. He supports residential concerns and served as a board member of the HBDRA. The HBDRA endorsed Joe Shaw for City Council in the 2010 election.

WE’RE #1. HURRAY!

January 22, 2011 The California Office of Traffic Safety just released their 2009 data for all 480 cities in the state of California. Of the 69 cities with populations greater than 100,000, Huntington Beach is #1.

Before you civic pride kicks in, that’s #1 in the number of Alcohol Involved Traffic Accidents in the state. That, of course, is nothing to be proud of.

And when they say “Huntington Beach” we all know that “Downtown Huntington Beach” is the main cause of this record-breaking and shameful achievement.

Would you be surprised to know the trend starting in 2006, 2007, 2008 and 2009 is: 8th place, 7th place, 4th place and NOW WE ARE #1.

Huntington Beach Police Chief Ken Small provided the HBDRA with some additional stats for the period from January, 2009 thru October, 2010.

1445 arrests for Drunk in Public

814 arrests for Alcohol Involved Assaults (with 1030 victims)

2907 arrests for DUI

When will our City Council, specifically Carchio, Dwyer, Hansen and Bohr, stop the proliferation of alcohol licenses in Downtown Huntington Beach?

NO MORE DOWNTOWN BARS – REALLY?

RESOLUTION: City Council resolution 2010-05 was passed on 1/19/2010 establishing conditions of approval for eating and drinking establishments with alcohol beverage sales and/or live entertainment located within the Downtown Specific Plan Area District 1.

A copy of this resolution (PDF) can be found if you CLICK HERE.

BACKGROUND: Beginning in February 2009, residents of Huntington Beach along with Huntington Beach community and business leaders met for several months as part of a City Council sponsored Ad Hoc Downtown Image Committee. This Committee presented its findings to the City Council on August 17th, 2009 and the City Council passed Resolution 2010-05 on January 19th, 2010 in support of the Committee’s findings

SYNOPSIS: The late night bar scene in Downtown Huntington Beach creates a nightclub atmosphere that negatively affects public safety and residential quality of life. The City Council Resolution 2010-05 effectively curbs the proliferation of late night bars in the Downtown area by creating a standard set of conditions with respect to hours of operation, dining area/bar area ratios and other conditions of approval.

These new standards promote any new establishment with alcohol beverage sales and/or live entertainment in Downtown Huntington Beach be established as a bona fide restaurant and not as a late night bar.

REALITY: So far only one establishment has been subject to this new resolution. And it worked. Or did it? The restaurant in question is Luggatti’s Italian Grill on 5th Street. Check it out and let us know your thoughts. Bar or restaurant or both?

The next test of the City Council Resolution will be Bomburger, that hamburger hamlet on Main Street. On Tuesday, January 25th, 2011 they will ask the Planning Commission for an exclusion from “2010-05″ that will allow them to serve beer and wine til 10:00PM, but still stay open until 2:00AM.

The resolution states that they would need to close at midnight if they want to serve alcohol. Can you have your cake and eat it too?

The HBDRA is hopeful that the Planning Commission will abide by the rules, which are now official City policy, and not allow this request. We are also hopeful that the Commission will go further and deny their alcohol request entirely.

Is Bomburger really a “restaurant” in the spirit of the resolution? And do we really need any more places downtown serving alcohol?

Unfortunately, if the Planning Commission denies Bomburger’s request, it is almost certain that it will be appealed to the City Council, and we all know what that means – “Damn the residents and full steam ahead” with at least four YES votes from Carchio, Dwyer, Hansen and Bohr.

Stay tuned . . .

Mark Bixby Appointed to Planning Commission

In December 2010, Mark Bixby was appointed to the Planning Commission by City Council member Connie Boardman. Mr. Bixby is no stranger to the City nor HB residents, as his service to the community of Huntington Beach as an environmentalist and community activist is almost legendary.

Mr. Bixby grew up in Newport Beach where he spent much of his childhood years prowling around Upper Newport Bay. One wonders if he ever unknowingly crossed paths with his future mentor, Dr. Jan Vandersloot, during that era. It is entirely possible given that Mr. Bixby lived near the property that would eventually become Castaways Park and the site of Dr. Vandersloot’s 2009 memorial service.

Mr. Bixby enrolled at Orange Coast College while still a junior in high school and he was graduated from UC Irvine in 1980 (after only 3 years of study) with a B.S. degree in Information and Computer Science.

He was gainfully employed for 23 years by the Coast Community College District leaving in 1999 to work for Hewlett-Packard as an R&D software engineer. Part of his HP duties included giving training presentations at trade shows and user conferences, which allowed him to develop the public speaking skills that would come in handy later during his civic activism. In 2008, Mr. Bixby left HP to work for Quintessential School Systems, a small software company specializing in back-end office systems for K-12 school districts. His current duties at QSS focus on web application development.

Mr. Bixby and his wife Julie moved to Huntington Beach in 1999 residing in the Bolsa Chica area. As fate would have it, a Bolsa Chica Land Trust flyer appeared on their doorstep in December 2001 publicizing a neighborhood meeting to discuss options for preserving the greater Bolsa Chica ecosystem. Mr. Bixby had never been involved in any civic issues before and he knew nothing about wetlands or the intricacies of the many coastal issues facing our community. But he did know about computers and thought he might volunteer his services.

He attended that fateful meeting and the arc of his life was forever changed as a result.

His involvment with the BCLT soon expanded as he continued the ponding documentation photography work started by Dr. Vandersloot. He proceeded to catalog and map vegetation, bird species, raptor sightings and soon became an avid nature photographer, environmentalist and a key player with the Bolsa Chica Land Trust.

Mr. Bixby’s participation with the Land Trust exposed him to how government works or fails to work as the case may be. In his experience, Mr. Bixby observes that, “key information sometimes gets intentionally omitted from the decision making process. Lobbyists exert undue influence. Staff reports go unread. Decision makers shirk their responsibility and act out of expediency and punt responsibility to other government bodies or the court system.”

Mr. Bixby learned that bad things really do happen when nobody is watching, so he watches Huntington Beach City Hall like a “hawk” (no BCLT pun intended) because as Mr. Bixby believes, “government decisions have real impact on people’s lives and it is up to the citizens to demand that government live up to democratic ideals.”

Over the years Mr. Bixby has been a strong advocate on behalf of improved transparency, campaign finance reform, and charter reform. Mr. Bixby served on the 2009-2010 charter review commission and was able to get several of his charter modifications approved by the voters in the November 2010 general election.

In addition to his membership in the Bolsa Chica Land Trust, Mr. Bixby was a long-time board member of the Huntington Beach Downtown Residents Association (HBDRA) from which he recently resigned so he could fulfill his responsibilities as a Planning Commissioner.

Mr. Bixby looks forward to serving on the Planning Commission with the same dedication and attention to detail that he brings to all of his civic involvement.