BHN General Board Take [null] Stance of Alcohol Licenses

Last night, the BHNC Board (@ the monthly General Board Meeting) decided to not vote in [Support] of Birrieria de don Boni, or Purgatory Pizza's request for a new Alcohol License, but did not vote to oppose them either.

Birrieria de don Boni, which has existed along the first street corridor next to Mariachi Plaza for the past 45 years, having begun construction on their expansion recently. As part of this they have filed with the the California Department of Alcoholic Beverage Control for a new license.

Purgatory Pizza, which has existed on the Boyle Heights Flats on first street across the street from Mendez High School for the past, approximately ten years, has also filed with the the California Department of Alcoholic Beverage Control for a new license earlier this year.

Due to Birrieria de don Boni, close proximity to multiple alcohol licenses between Boyle and the 5 freeway. There area 7 similar existing licenses within two blocks. It can be considered that that there is an undue concentration of licenses, and compounded by that the census tract they are on may have reached it's limit on licenses.

Dis-similarly, Purgatory Pizza does not face the Census Tract issue, but face an issue regarding "sensitive uses." Within 600 feet, there exists schools, parks, churches, AA meeting locations, as well as the area its self being known as sensitive to alcohol. (The Community on the Flats has been working over the past 30 years to remove alcohol from the area see Council File: 17-0117 the "Alcohol Restrictive Use Sub-district (ARUS)" https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=17-0117 ).

[see previous article for details:https://walkingeastofla.blogspot.com/2018/07/2018-07-12-pluc-meeting-in-review.html ]

What these two have in common, is the need to local support.  This comes in two fronts.  Signatures from the local community them self, showing that they are ok with this.  Or via their representatives in the community, the BHNC.

The BHNC has historically been shown to oppose new licenses, while voting in support if there is a removal of one from the over all community of Boyle Heights.  Yet, one of the situtations for Purgatory Pizza in particular, is that in the past, the BHNC has voted to support the ARUS (8-2-2017 Minutes: http://bhnc.net/wp-content/uploads/2017/08/8.2.17-BHNC-SPECIAL-MINUTES-General-Board-Meeting.pdf) citing the Flats in particular as a reason for support.

Purgatory Pizza stated that out of the 308 signatures of support collected, 234 were from local residents.  It is unclear if this will be enough evidence to overturn past BHNC recommendations, or the proximity to sensitive use designee.

On the vote, which was unclear as all evening the Council was not properly reading of what the vote count was, was:
For Birrieria de don BoniMotion to Support [...?] (Daisy/Rafael) 
Vote: 0 [yes] - 6 [no] - 4 [abstain]
* There was no further motion taken (WHAT THE FUCK!!)

For Purgatory Pizza
Motion to [support...?] (i don't have who made the motion or seconded, Myra/Daisy?); followed by a "friendly amendment" by Carlos or Vivian?
Vote: 1 [yes] - 6 [no] - 2 [abstain] - 1 [ineligible] (???)
* There was no further motion taken.

So before i go in to what this vote means, let's get in to the oddness of the vote.  

Rafael Chayoga, whom was also voted as new PLUC Chair, was voted on to the Board earlier in the meeting, and may or may not be eligible to vote.  It is required by the City that Board Members have taken the Ethic requirements prior to voting.  It was unclear if he had already, which means that he can comment, etc as a Board Member, but makes any previous vote null and void.  

The BHNC needs to ensure that it has made clear what the vote count was at the meeting, and what the motion was being voted on, and follow through with proper procedure if a change has been made to the motion.

What this means - 
Essentially, what this means is that since the Board has take no position on this item.  As it stands, with Birrieria de don Boni, will face the Zoning Administrator without support from the Council, but without opposition either. It is a null stance. The PLUC Chair, or the designated Board representative can issue the concerns raises at the public hearing or with the City, however, they must also include that they took no position.


With their hearing tenatively scheduled for August 7th - http://planning.lacity.org/pdiscaseinfo/CaseId/MjIwMTIw0

With Purgatory Pizza, however, since their hearing is further (not actually listed as of yet) off and no decision being made. The BHNC can hear this item again, and come to a decision later. Further discussion and consideration and efforts to solidify this position can be made. http://planning.lacity.org/pdiscaseinfo/CaseId/MjIxNDQ10

[[I will Conclude this article with this.  I summarized.  I will be working on a longer version of last night's meeting and issue it later.  Here I was focusing on the hot topic issue.  Later, i will be discussing on the overall meeting.]]

[2018]/ 07-12 PLUC Meeting in Review

[Well, here we go. It has been a while since I have kept you up to date this way. My previous duties as a BHNC Board Member have not allowed for me to make proper commentary on these matters.]

"Neighborhood Council Board Member Oath

I pledge to represent my neighborhood with dignity, integrity, and pride.

I will encourage other points of view, even when they differ from my own.

I will respect, value, and consider everyone's opinion.

I will find the good in my neighborhood, and praise it and promote it.

To my neighbors, and to neighborhoods throughout the City of Los Angeles,

I pledge to do this to the best of my ability."

While the two main topics at last night's BHNC PLUC meeting were regarding Zoning issues on Conditional Use Permits (CUB's) for Purgatory Pizza (ZA-2018-3099-CUB) and Birrieria de don Boni (ZA-2018-1893-CUB). The main event was BHNC President Daisy Chavez, acting at Ex-Officio (chairing the meeting), over stepping her bounds of authority by having a heated/passionate scolding of the Purgatory Pizza applicants.

Under Rosenberg's Rules of Order (c2013), the primary parliamentary authority for the BHNC and default for Committees, the chair should know and apply the rules, while play a less active role in the debate and discussion then the other members of the body. 

Over use of the Chair's position to speak to a subject, in a setting with a limited time frame, can be used to quell any decent or objections with out serious debate. Further attempting to silence Committee members in this fashion do not and does not build an inclusive fashion or state.

Objections to this abuse of time can and should come from Committee members and if not from the Community Stakeholders themselves. As the text its self states: "For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself."

It is further discussed in Rosenberg's Rules of Order that the purpose of the

meeting is to: "...create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum."

Ranting about one's personal position, or offense, as a Chair may be a eye turner. It is however lends to argument over discussion and fails at maintaining common courtesy. And while members of a Body, may be allowed to have spats of neglect. It falls on the Chair to hold and maintain special control over the meeting. 

It also further risks violations of Oaths of Office that I shall not address at this time, and subjects to Code of Conduct. 

Falling back to the meeting's subject matter's them self. The attendance was up from the previous PLUC meeting. Topping out at approximately 12 Community Members, 4 BHNC Board Members (Jose Pelico, Carlos Montes, Veronica Polanco & Dina Cruz). Of the PLUC Members, Drew Brauer, Tiffany Lam & Vivian Escalante were present, with Daisy Chavez acting as Ex-Officio/Chair to make Quorum.

Note: The total number of BHNC Board Members present was 6, meeting the "minimum majority," but not the number need for being in violation of the Brown Act.

Public Comment was given in regards to a request for the Committee to follow up with the City on the BHNC's decision to oppose the KIPP Charter School at the Former Lincoln Hospital on Soto St. And a Statement/Request on the block surrounding Purgatory Pizza's "red zone." (aka no parking due near the facility due to the curb being marked "red).

No Gov't official was present to give comment/presentation. Previously, Jovenes Inc had expressed interest in presenting before the Committee on a housing project that is being developed on the eastern side of BH.

In regard to the Purgatory Pizza presentation, they have collected approximately 182 signatures in support of the Beer and Wine license, 63 of which were from the area around the Flat's. In regards to concerns about their parking lots (on safety), they mentioned that they are working on a way so that cars could enter on first street and exit on Utah.

Other concerns from the Community/Committee raised, were if they had reached out to local community organizations which are known to oppose alcohol license, the issuance of a new license versus a transfer, the lack of outreach in Spanish (showing a disconnect with the adjacent community) and that fact that the location is right across from the school.

To address the school issue, Purgatory Pizza pointed to the entrance of the school being three blocks away with students not passing by his establishment. A boldfaced lie. While the google maps search will point the location mentioned, the school has a entrance exit to first street "right across the street" from the pizza shop.

As I mentioned at the meeting, because this location is adjacent to multiple sensitive use sites, the Zoning Administrator is going to be looking at two specific things in it's determination. Signatures showing community support, and Neighborhood Council support. Because the Flats are well known for it's history of alcohol abuse, and the community's fight against it, they are also likely to raise the 600 foot radius for community input to 1000 feet, and request or at least look for over 100 signatures.

In order for Purgatory Pizza to gain support from the BHNC, for a new alcohol license, they are likely going to have to show that there is a significant shift in the community of the Flats for the Zone Change/New License.

Vote info

Motion 1: [Daisy/Vivian] to Table the item until August.

Vote: 0 [abstentions] – 2 [yes] – 3 [no], the motion failed.

And just to clarify something:

Sorry Purgatory Pizza dude. You got that part fucken wrong! Don't be getting petty yourself bro. 

*part of the Chair/Purgatory Pizza (an Echo ParkNC member) argument was over whether motion should be one to table or to postpone.

Motion 2: [Drew/Peter] to Support w/conditions (further outreach to the local community, including in Spanish, and adjustment of the hours of sales).

*I didn't write down the specifics of the conditions properly.

Vote: 0 [abstentions] – 3 [yes] – 2 [no], the motion passed.

Birrieria de don Boni – The situation with don Boni, is a little different. It exists on a portion of first street divided by two census tracts, tracts 2035.00 & 2060.32. Between this 2 – 3 block section, you have a total of 7 On-Sale Alcohol Licenses that are currently active, with 2 (Eastside Luv & Palomas) on the tract that don Boni is on (ct2035.00).

You have two levels on concentration here, proximity (7 existing On-Sale Alcohol Licenses) & population density. 

"You" cannot have more then one [1] alcohol license per ever 1,500 people on a census tract. Census tract 2035.00 (as of 2016) has a population density of 3,065. Essentially, meaning that it has maxed out. The difference here, as opposed to Purgatory Pizza or other places requesting new licenses, is that Birrieria de don Boni, is a well established fixture within the Community, having been around for ~45 years now. It is well known that they don't have a alcohol license and many have wondered as to why (citing the expansion as the reason). And of the locations in this area, it is seen as the most deserving, yet due to the over concentration, unlikely approval.

Some of the concerns raised for this location were primarily in regards to the parking. The on-site parking is accessed via a back alley, not a street and may raise further concern as to general safety issues, as well as inebriated driving.

*note: time spent on this item was rushed do to aforementioned rant/scolding by Chair.

And while this is the case the Committee voted in Support

Vote Info

Motion [Peter/Daisy]: to Support, pending further outreach

Vote: 0 [abstentions] – 4 [yes] – 0 [no], the motion passed.

One of the things I would like to address at the end of this is that, while it is primarily the Conditional Use Permit/Alcohol License being sought here. The Committee and the Board are free to address any and all issues related to this request. It is up to those knowledgeable with the City rules, to bridge that gap with the knowledge of those in the Community. There is no one-size fits all situations Peter.

Both Purgatory Pizza & Birrieria de don Boni are tentatively scheduled for Presentation, Discussion and Possible Action for the July 25th, BHNC General Board Meeting @ the Boyle Heights City Hall.

[a last note.  As for the research I did on this subject matter.  Aside from my own contemplation in personal opinions, my research on both subjects was under an hour before the meeting started.]