* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [Call to Order] [00:00:07] THE REGULAR MEETING OF THE PLANNING COMMISSION IS CALLED TO ORDER AT 7:04 PM WE WILL NOW TAKE A MOMENT FOR SILENT PRAYER OR MEDIATION, FOLLOWED BY THE PLEDGE ALLEGIANCE, LED BY COMMISSIONER LEWIS. PLEASE FACE THE FIVE FOR THE PLEDGE OF ALLEGIANCE. READY BEGIN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE FOR WIDGET STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. OKAY. UM, JO JOANNE, CAN YOU DO WORLD CALL COMMISSIONER LEWIS? HERE. COMMISSIONER WILLIAMS? PRESENT. COMMISSIONER BERA? HERE. COMMISSIONER. HANG HERE. CHAIR GUTIERREZ HERE. GREAT. [APPROVAL OF MINUTES] NOW WE'LL GO ON TO APPROVAL OF MINUTES TONIGHT. WE HAVE MINUTES IN THE REGULAR MEETING ON SEPTEMBER 12TH, 2023 OF THE REGULAR MEETING. DOES ANYONE HAVE ANY AMENDMENTS TO THESE MINUTES? IF THERE'S NO CHANGES, THEN THE MINUTES ARE APPROVED AS SUBMITTED. WE'RE NOW MOVE ON TO ORAL COMMUNICATIONS. WOULD ANYONE LIKE TO SPEAK ON AN ITEM THAT IS NOT ON THE AGENDA? IF NO, UH, OKAY. WE'LL NOW MOVE ON TO OUR PUBLIC HEARINGS TONIGHT. WE HAVE THREE PUBLIC HEARINGS, UH, WHO [2. PRECISE PLAN NO. 20-02] WILL PRESENT THE STAFF REPORT. UM, CHAIR FOR THE FIRST ITEM, UM, THE APPLICANT'S IS MARCO BAY. IT IS FOR A PRECISE PLAN. UM, THIS ITEM WAS CONTINUED FROM THE LAST PLANNING COMMISSION HEARING TO, UM, TO TODAY FOR RE UM, CHANGES, UM, IN THE DESIGN. AND THE APPLICANT WAS UNABLE TO PROVIDE ME REVISED DESIGN, UM, PRIOR TO THE PACKETS GOING OUT. UM, THEY DID EMAIL ME, UM, PLANS FOR REVIS, THE REVISED DESIGN THIS MORNING. UH, SO STAFF IS REQUESTING THAT THIS ITEM BE CONTINUED TO THE OCTOBER 10TH, 2023 PLANNING COMMISSION MEETING. GREAT. THANK YOU. DOES ANY MEMBER OF THE PLANNING COMMISSION HAVE ANY QUESTIONS FOR THIS? FOR STAFF? UH, OKAY. WE NEED A MOTION TO CONTINUE THIS MATTER UNTIL OCTOBER 10TH, 2023 OF THE REGULAR PLANNING MEETING. DOES IT, DO WE HAVE A MOTION CHAIR? UM, BEFORE YOU PROCEED, UM, SINCE THIS ITEM IS A PUBLIC HEARING ITEM, IF WE CAN OPEN THE PUBLIC HEARING IN CASE THERE'S SOMEBODY HERE WHO WOULD LIKE TO SPEAK FOR AGAINST THE ITEM. GREAT. SO BEFORE WE MOVE ON, WE'LL OPEN PUBLIC HEARING. SINCE THIS IS OUR FULL HOUSE, NO ONE WANTS TO SPEAK ON THE MATTER. WE'LL, UH, CONTINUE. WE'LL NOW CLOSE PUBLIC HEARING, UM, AT, AND SO NOW, UH, IF ANY OF THE COMMISSION MEMBERS, IF SOMEONE WANNA MAKE A MOTION TO CONTINUE THIS. MOTION TO APPROVE. GREAT. AND DO WE HAVE A SECOND? UM, WE'RE GONNA MOTION TO CONTINUE OR TO APPROVE, UH, TO CONTINUE. TO CONTINUE TO CONTINUE. OKAY, GREAT. SO WE HAVE A, I'LL HAVE A SEC. I'LL SECOND IT. GREAT. MOTION TO CONTINUE. SO WE HAVE A MOTION BY COMMISSIONER ER AND A SECOND BY COMMISSIONER HANG. AND, UH, NOW WE GO DO ROLL CALL JUST REAL, REAL QUICK. JUST WANNA MAKE SURE IT'S CONTINUED TO OCTOBER 10TH, 2020 23, CORRECT? YES. YOUR ROLL CALL COMMISSIONER LEWIS. AYE. COMMISSIONER WILLIAMS? AYE. COMMISSIONER BECERRA. AYE. COMMISSIONER HANG. AYE. CHAIR GUTIERREZ. AYE. GREAT. NEXT, [3. CONDITIONAL USE PERMIT NO. 23-05] [00:05:01] UH, WE'LL MOVE ON TO CONDITIONAL USE PERMIT NUMBER 23 DASH ZERO FIVE CATEGORY EXEMPTION WITH APPLICANT. SHAHEEN MALICK FROM WATER VALLEY ANIMAL HOSPITAL LOCATED AT 41 41 SOUTH NOGALES STREET, SUITE B 1 0 1. THE APPLICANT IS REQUESTING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE USE OF A VETERINARY HOSPITAL WALNUT VALLEY ANIMAL HOSPITAL WITHIN AN EXISTING 2,400 SQUARE FOOT TENANT SPACE LOCATED IN THE SERVICE COMMERCIAL SS C C ZONE. WHO WILL BE PRESENTING THE STAFF REPORT? ANY ASSISTANT JERRY RIVERA WILL PRESENT THE STAFF REPORT. GREAT. ALL RIGHT. GOOD EVENING COMMISSIONERS. UM, GOOD EVENING, HONORABLE CHAIR. UH, THIS IS CONDITIONAL USE PERMIT NUMBER 23 DASH FIVE FOR WALNUT VALLEY ANIMAL HOSPITAL, UH, VETERINARY HOSPITAL. SO I'D LIKE TO GIVE A LITTLE BACKGROUND. UH, THE ZONE OF THE SUBJECT SITE IS SERVICE COMMERCIAL LOCATION IS ON THE NORTHEAST CORNER OF VALLEY BOULEVARD AND SOUTH NEAL STREET. THE SUBJECT SITE IS LOCATED INSIDE THE VALLEY NEAL CENTER. THE SURROUNDING USES ARE OFFICE PROFESSIONAL, MULTI-FAMILY SERVICE, COMMERCIAL, HEAVY, COMMERCIAL, RESIDENTIAL, SINGLE FAMILY AND NEIGHBORHOOD COMMERCIAL. AND THE LOT SIZE IS 1.85 ACRES. THESE ARE PICTURES OF THE EXISTING BUILDING. OH, SORRY. AND, UM, THIS IS THE SITE PLAN THAT WAS PROVIDED. THE YELLOW COLOR IS THE DEFINED AREA THAT IS FOR THE VETERINARY HOSPITAL. THIS IS THE FLOOR PLAN THAT WAS PROVIDED BY THE APPLICANT. UM, THE GREEN IS RECEPTION AND, UM, WAITING AREA. THE ORANGE INDICATES THE EXAM AREAS. THE YELLOW INDICATES THE SPACE THAT WILL BE USED FOR THE RESTROOMS. THE BLUE INDICATES THE OFFICE SPACE. PURPLE INDICATES THE SPACE THAT WILL BE USED FOR TREATMENT, RADIOLOGY, AND RED INDICATES THE SPACE THAT WILL BE USED FOR SURGERIES. AND THE DARK BLUE ABOVE INDICATES THE STORAGE SPACE, UM, UNDERNEATH. SO THIS IS THE, UH, BUSINESS OPERATIONS PLAN. THE HOURS OF OPERATION ARE 9:00 AM TO 6:00 PM AND IT WILL BE OPEN SEVEN DAYS A WEEK. THE SURFACES THAT WILL BE PROVIDED ARE RADIOLOGY, SURGERIES AND GENERAL WELL WELLNESS PLAYING STAFF RECOMMENDS ADOPTING RESOLUTION NUMBER 23 DASH 6 1 3 1, APPROVING CONDITIONAL USE PERMIT NUMBER 23 DASH ZERO FIVE. IF YOU HAVE ANY QUESTIONS, I AM HERE, UM, TO ANSWER THEM. THE APPLICANT WAS SUPPOSED TO BE HERE, BUT I DON'T SEE HIM. UM, WELL, ONE QUESTION I HAVE, WHAT WILL THEY BE USING THE STORAGE AREA FOR? OR DO YOU KNOW? HONESTLY, I, I DON'T KNOW. OKAY. YEAH. GREAT. DOES ANY OTHER MEMBERS OF THE COMMISSION HAVE ANY COMMENTS OR QUESTIONS FOR STAFF? GREAT. OKAY. NONE. WE'RE NOW OPEN FOR PUBLIC HEARING. DOES ANY MEMBER, UM, IS ALL OKAY. SO THIS IS ALL, SORRY. OKAY. SO OPEN PUBLIC HEARING. ANYONE IN FAVOR OF THIS WOULD LIKE WHO LIKE TO SPEAK? ALL RIGHT. ANYONE IN OPPOSITION TO THIS PROPOSAL? ALL RIGHT. UH, AT THIS TIME, WE'LL NOW CLOSE PUBLIC HEARING AND OPEN DISCUSSION BY THE COMMISSION. I WILL NOW OPEN COMMISSION DISCUSSION. COMMISSIONER LEWIS? UH, NOTHING FROM ME. I WOULD, UH, MOTION TO, UH, ADOPT CONDITIONAL UNIT CONDITIONAL USE PERMIT NUMBER 23 DASH OH FIVE. UM, UNLESS THERE'S ANY FURTHER DISCUSSION. OKAY. ANY MORE DISCUSSION BY THE COMMISSION? ANYONE HAS ANY MORE COMMENTS? NO. OKAY. CHAIR, JUST, WELL, FOR THE RECORD, I BELIEVE THE APPLICANT [00:10:01] DID HAVE A COMMENT THEY SUBMITTED, SO THE APPLICANT DID CALL EARLIER TODAY. HE WANTED TO CHANGE, UM, I BELIEVE IN THE STAFF REPORT WE HAD IT FOR, UH, NO OVERNIGHT STAYS FOR THE PETS. UM, BUT HE WANTED, UM, TO INCLUDE IT ON THERE NOW BECAUSE WHAT IF A PET IS, UM, IS, IS SICK. UM, SO THAT'S, THAT'S JUST ONE OF THE CHANGES THAT HE WANTED, THAT HE REQUESTED OVER THE PHONE. OKAY. TO ALLOW FOR OVERNIGHT KI UM, TO KEEP, UM, THE PATIENT, THEY STILL WOULD NOT BE OPEN TO THE PUBLIC FOR WALK-INS, BUT THEY WILL HAVE THE PATIENT, THE PET THAT'S SICK THERE FOR MONITORING. SO MY, MY, I HAVE A QUICK QUESTION THEN FOR STAFF. SO TECHNICALLY, ALTHOUGH THE BUSINESS HOURS WOULD BE FROM NINE TO 6:00 PM OR 9:00 AM TO 6:00 PM THE, THE APPLICANT, UM, WOULD BE REQUESTING THE ABILITY TO, I GUESS, SORT OF PRO FORMA OPERATE THE BUSINESS FOR PURPOSES OF OVERNIGHT. IS THAT, IS THAT A CORRECT STATEMENT? THAT'S CORRECT. THAT'S STAFF'S UNDERSTANDING. THE APPLICANT ACTUALLY JUST WALKED IN. UM, IF THE CHAIR WOULD LIKE TO REOPEN THE PUBLIC HEARING FOR, TO GIVE THE APPLICANT TO ANSWER ANY, UM, THE QUESTION REGARDING STORAGE AND ALSO TO, TO, UM, TO TESTIFY, UM, FOR THIS PROJECT, YEAH, WE, WE'LL GO AHEAD AND REOPEN PUBLIC HEARING TO ALLOW, UH, THE APPLICANT TO COME UP. YOU GO AHEAD AND COME UP AND TELL US ABOUT YOUR PROJECT RIGHT THERE ON THE SPEAKER. YOU KNOW, THANK YOU VERY MUCH, UH, FOR GIVING ME AN OPPORTUNITY. UM, I WOULD LIKE TO START MY SMALL ANIMAL PRACTICE, UH, IN WEST COA. AND I ALREADY HAVE A PRACTICE, UH, ACROSS THE STREET, UH, UH, RIGHT AT NOGALES AND, UH, UH, SAN JOSE. BUT, UH, MY, EVERYTHING IS BECOMING VERY SHORT FOR ME, SO I'M JUST TRYING TO MOVE INTO A NEW PLACE. SO THIS IS A PLACE VERY CLOSE TO ME. UH, BASICALLY WE DEAL WITH, UH, SMALL ANIMALS, JUST, UH, DOGS AND CATS AND SOME EXOTIC SOMETIMES. AND, UH, IT'S GONNA BE A FULL SERVICE, UH, PRACTICE. WE ARE GONNA BE OPEN FROM, UH, UH, NINE O'CLOCK TILL 6:00 PM AND, UH, WE'LL BE WORKING SEVEN DAYS A WEEK. UH, WE DON'T PLAN TO HAVE ANY BOARDING IN OUR FACILITY, BUT, UH, BEING, UH, ANIMAL HOSPITAL, WE ARE SUPPOSED TO KEEP OUR PETS SOMETIMES OVERNIGHT. UH, ONLY THE SICK PETS, WE ARE NOT GONNA DO ANY BOARDING. UH, IT'S, UH, BECOMES A, IT IS A PART OF THE BUSINESS ACTUALLY. YOU KNOW, YOU CAN'T REALLY SEND EVERYBODY HOME. YOU CAN'T EVEN SEND EVERYBODY TO AN EMERGENCY CLINIC BECAUSE IT BECOMES VERY MUCH EXPENSIVE FOR THE CLIENTS TO BEAR THE CHARGES FOR THE EMERGENCY CLINIC OR THE NIGHT. SO THEY ALWAYS WANT US TO KEEP THE PET IN THE NIGHT. UH, THE, UH, THIS IS SOMETHING, UH, WHICH WE ARE ALSO ALLOWED BY OUR MEDICAL BOARD TO KEEP THE PETS. THE ONLY THING THAT THE BOARD REQUIRES IS THAT WE HAVE TO COMMUNICATE WITH OUR CLIENT, LET THEM KNOW THAT THERE'S GONNA BE NOBODY OVERNIGHT, MONITOR YOUR PETS. AND, UM, BUT WE ONLY KEEP THOSE PETS, WHICH ARE NOT CRITICAL. WE DON'T KEEP THE CRITICAL PATIENT THAT DEFINITELY HAVE TO GO TO THE EMERGENCY CLINICS. UM, OTHER THAN THAT, I THINK WE HAVE, UH, GIVEN ALL THE DETAILS, WE PLAN TO HIRE AROUND, UH, EIGHT EMPLOYEES AND, UH, IT'S GONNA BE LIKE THREE EXAM ROOMS. WE WANNA HAVE ONE ROOM FOR OUR SURGERY AND, UH, SOME RECEPTION AREAS AND, UH, SOME TREATMENT AREA WHERE WE CAN PERFORM ROUTINE, SMALL ANIMAL, SMALL PROCEDURES, WOUND TREATMENT, EXAMINING THE PATIENTS. AND, UH, ALSO A DENTAL. WE HAVE A SMALL AREA FOR OUR LAB. WE DON'T NEED A BIG LAB, ACTUALLY. WE JUST NEED A MICROSCOPE AND SMALL BLOOD MACHINES OVER THERE. AND THEN WE HAVE ONE AREA FOR OUR DENTAL. UH, WE PROVIDE, UH, UH, ALMOST ALL KIND OF SERVICES. UH, WE DON'T DO SPECIALIZED SURGERIES IF WE NEED ANY, LIKE AN ORTHOPEDIC SURGERY, I'M NOT SPECIALIZED TO DO THAT, SO WE HAVE TO CALL SOMEBODY TO COME IN AND DO OUR SEARCHES FOR THAT. SO I'M, I'M READY TO ANSWER ANY OF YOUR QUESTIONS IF YOU HAVE, UM, THE ONLY QUESTION THAT I HAD QUESTIONS WAS, [00:15:01] UM, HOW WILL YOU BE USING THE STORAGE AREA? STORAGE, YES. YEAH, THE STORAGE IS, IS THE, IN THE BASEMENT AREA THAT IS BASICALLY FOR MY PHARMACY. UH, AND, UH, YOU KNOW, IT'S A LOT OF STUFF WE NEED TO STORE IN THERE. AND, UH, WE, UH, PROBABLY WILL GIVE AN AREA FOR OUR STAFF TO SIT IN THERE FOR THE LUNCH BREAKS. AND IT'S VERY NICELY IS ALL THE AIR CONDITIONING IN THERE? IT'S A NICE PLACE THAT'S, UH, MAINLY WE ARE GONNA USE THAT MAIN BUSINESSES ON, ON, ON OUR TOP. WE CAN'T REALLY MOVE OUR SURGERY ROOMS DOWN THERE BECAUSE WE CAN'T TAKE THE PATIENTS DOWN THERE. SO OUR PATIENTS WILL STAY ON THAT TOP MM-HMM. , BUT ONLY WOULD BE JUST LIKE A STORAGE, MAYBE STAFF, MAYBE SOME STAFF MEETINGS, SOME, SOME THINGS LIKE THAT. OKAY. THANK YOU. THANK YOU. ALRIGHT, ANY MORE QUESTIONS FOR APPLICANT? SURE. I HAD A QUICK, UH, A QUICK COUPLE QUESTIONS JUST PERTAINING TO, UM, LANGUAGE, UH, THAT, THAT WOULD POTENTIALLY GO INTO THE, UH, PERSPECTIVE ADOPTION OF, OF THE, UH, UH, C U P HERE. UM, IS, SO WOULD, WOULD THIS LANGUAGE COMPLICATED FOR YOU? UM, IN, IN ANY WAY IF, IF WE SAID THAT THE ONLY PERMITTED, UH, OVERNIGHT PATIENTS WOULD BE NON-CRITICAL OVERNIGHT PATIENTS WITH ACUTE MEDICAL NEEDS, BUT, UH, NO GENERAL ANIMAL BOARDING, UH, OR CARE PER, UH, PERMITTED. YEAH. BASICALLY YOU, YOU SHOULD ALLOW ME TO KEEP MY SICK PATIENTS IN THERE. UNDERSTOOD. AND THAT, I MEAN, THAT'S THE PART OF THE BUSINESS. YOU GO TO THE HOSPITAL, YOU KNOW, YOU DON'T, UH, SEE THE PATIENT UNTIL YOU GO HOME, SLEEP AT HOME. RIGHT. SO SAME, IT HAPPENS WITH US AND PEOPLE WHO COME TO US, THEY TRUST US. SURE. AND, UH, IF I TELL THEM TO GO TO ANOTHER PLACE FOR THE NIGHT, THEY SAY, NO, DOCTOR, YOU KEEP MY PET HERE. YOU KNOW, I DON'T WANT TO GO TO A NEW DOCTOR, AND THEN YOU BRING THE PET SAME PET BACK TO ME, YOU KNOW, IT'S, IT'S HASSLE FOR THEM. GO, UH, IN THE NIGHT IN DIFFERENT PLACE IN THE MORNING, YOU COME BACK TO ME AND THEN, UH, YOU KNOW, IT, IT BECOMES A LOT OF COMPLICATIONS, THEN IT, IT BECOMES EXPENSIVE. EMERGENCY CLINICS ARE EXPENSIVE, MUCH MORE EXPENSIVE. THE PEOPLE OF, UH, IN OUR AREA, IT'S IS HARD FOR THEM TO AFFORD THOSE SOMETHING. IF I'M CHARGING A HUNDRED DOLLARS, THEY'RE GONNA CHARGE $500 FOR THAT. MM-HMM. , IF ANYBODY, IF YOU HAVE THE PETS, HAVE THE EXPERIENCE TO GO TO AN EMERGENCY CLINIC, I MEAN, IT'S EXPENSIVE. JUST, JUST WANT TO FOLLOW UP ON THAT A LITTLE BIT WITH REGARD TO THE, THE, THE OPERATING HOURS BEING 9:00 AM TO 6:00 PM MONDAY THROUGH SUNDAY. THE, THE, THE QUESTION THAT COMES TO MIND IS, UM, IN THE EVENT THAT YOU DO HAVE AN, AN OVERNIGHT, UH, STAY BY, BY AN ANIMAL PATIENT IN THAT CONTEXT, UM, ARE, ARE YOU OR ANY OF YOUR EMPLOYEES GOING TO BE ON SITE AT THAT TIME, OR NO? WELL, AS I TOLD YOU, WE ARE JUST GONNA KEEP, UH, NON-EMERGENCY PATIENTS IF I HAVE TO KEEP SOMEBODY, IF, IF THE CLIENT IS READY TO PAY FOR THAT, AND IF IT'S REALLY DEMANDING AND THEY AGREE TO IT, WELL WE CAN. BUT GENERALLY WE DON'T. WE HAVE OUR CAMERAS IN THERE AND SOMEBODY WATCHING AT HOME. OKAY. AND IF THERE IS ANY PROBLEM, WE CAN JUST COME IN AND DO IT. AND SOMETIMES IF SOMEBODY WILL COME IN, LIKE ME OR ANY OF MY TECHNICIANS TO COME AND GIVE AN INJECTION, STAY FOR 10, 15 MINUTES, GO BACK HOME JUST TO CHECK THE PATIENT REST OF THE TIME, WE CAN, WE CAN DO ON THE, ON OUR, UH, VIDEO CAMERAS. UM, I DO, YOU KNOW, HAVE PATIENTS SOMETIMES AND I LOOK INTO MY MONITORS AND CELL PHONES AND JUST, UH, SEE WHAT'S GOING ON WITH THE PATIENTS. SO IT, SO IN THE EVENT THAT, UM, IN, IN THE EVENT THAT YOU HAVE AN OVERNIGHT PATIENT, WHAT YOU'RE, WHAT YOU'RE SAYING, I JUST WANNA MAKE SURE I'M, I'M CLEAR ON THIS. IT WOULD BE, UM, THERE WOULD BE REMOTE MONITORING OF THE PATIENTS. UM, SO, BUT NO EMPLOYEES ON SITE EXCEPT FOR, UH, EXCEPT ON AN AS NEEDED BASIS. YEAH, THAT'S RIGHT. OKAY. ALRIGHT. THAT'S RIGHT. TO TEND TO THE TREATMENT OF THE ANIMAL. YEAH. BUT BOARD REQUIRES THAT WE PUT A NOTICE ON THE WALL THAT, UH, NO, UM, PERSON IS AVAILABLE, UH, IN THE NIGHT. OKAY. THIS IS A REQUIREMENT. SO WE HAVE THE CLIENTS, THEY KNOW IT, WE TELL THEM, OKAY, YOU KNOW, YOU WANT ME TO LEAVE YOUR PET HERE, I CAN DO THAT, BUT THERE'S NOBODY GONNA BE HERE WATCHING OVERNIGHT. YEAH. WE TELL THEM, ARE YOU READY TO IT? THEY SAY, OKAY. YEAH. AND THEN , NO. IT, IF WE GIVE THAT NUMBER, I WON'T BE ABLE TO SLEEP IN THE NIGHT. . YEAH. THAT'S WHAT, UH, THE PEOPLE THEY WANT US, UH, THAT WE SHOULD DEAL. UM, NUMBER ONE, THEY DON'T TRUST ANYBODY ELSE. SECONDLY, THEY, THEY, THEY'RE AWARE OF THE COST GOING TO THE EMERGENCY CLINIC. AND, UH, IF ANYTHING HAPPENS AT NIGHT, YOU KNOW, ANYBODY [00:20:01] CAN COME IN AND, YOU KNOW, WE DO THAT. IF I HAVE A SICK PATIENT IN MY, IN MY CLINIC, I CAN'T SLEEP IN THE NIGHT. I, I HAVE TO SEE WHAT'S GOING ON WITH HIM. YOU KNOW, I HAVE TO COME SOMETIME IN THE NIGHT. I LET YEAH. YOU SHOULD BE AWARE THAT I, IF I HAVE TO COME, I I CAN COME. YEAH. AND THERE SHOULD BE NO RESTRICTION ON THAT. YEAH. YEAH. UM, I'M GLAD THAT, UH, YOU ARE EXPANDING IN WEST COVINA AND I KNOW THERE'S A LOT OF SHORTAGES WHEN IT COMES TO ANIMAL HOSPITALS. UH, SO I KNOW THAT HAVING YOU HERE IN WEST COVINA WILL BE, UH, VERY IMPORTANT, UH, TO OUR COMMUNITY WHO HAVE PETS. SO YEAH. THANK YOU FOR INVESTING IN OUR COMMUNITY. WOULD ANY OTHER COMMISSION MEMBERS LIKE TO MAKE ANY COMMENTS? AND THEN WHEN I'M GONNA MOVE MY CLINIC, ORIGINAL CLINIC, WHICH I HAVE, I'M GONNA USE THAT FACILITY JUST FOR BOARD. GREAT. GREAT. YEAH. SO I DON'T HAVE TO BOARD MY PATIENT. MM-HMM. GREAT. MY NEW CLINIC. ANY MORE QUESTIONS? NO. OKAY. I THINK I RECEIVED ONE OF YOUR ADVERTISEMENTS RECENTLY. I DIDN'T EVEN KNOW THAT YOU WERE THERE IN THAT AREA, SO IT'D BE NICE TO KNOW THAT WE HAVE THAT AVAILABLE TO OUR THANK YOU VERY MUCH. A LITTLE LOVE, FURRY PETS. YEAH. AS SOON AS I GET MY PERMITS AND, UH, START MY CONSTRUCTION, I WANT TO START BUSINESS AS SOON AS POSSIBLE. YEAH. GREAT. YEAH. AND MAKE, MAKE SURE YOU, UH, TELL OUR CITY STAFF SO WE COULD BE THERE AND, AND OUR CITY COUNCIL COULD BE THERE. 'CAUSE UH, OUR CITY COUNCIL ARE PROUD OF, UH, COMMUNITY SUPPORTERS, SO. WONDERFUL. THANK YOU VERY MUCH, SIR. OKAY. THANK YOU. THANK YOU. THANK YOU VERY MUCH. UH, WOULD ANYONE ELSE IN THE PUBLIC HAVE, IF THERE'S ANY PEOPLE OPPOSED OR IN FAVOR OF THE ITEM? SEEING NONE, WE'RE NOW CLOSED PUBLIC HEARING AND, UH, UH, WHEN, AND SEE IF THERE'S A MOTION OR COMMISSION COMMENTS. I THINK WE, WE HAD A MOTION ALREADY, OR, OR NO. SO, UM, UNLESS THERE'S NO COMMENTS, I'LL, I'LL LIKE TO MAKE A A, A MOTION. ARE THERE ANY OTHER COMMENTS AT THIS? ANY COMMENTS YOU GUYS? NO. ALRIGHT. SO, UH, I WILL MAKE A MOTION TO ADOPT, UH, CONDITIONAL USE PERMIT NUMBER TWO, UH, 23 DASH UH OH FIVE, UH, WITH FOLLOWING LANGUAGE, UH, CHANGES, UM, TO, I BELIEVE THIS WOULD BE, UH, PARAGRAPH FIVE, UH, SUBSECTION. UM, SUBSECTION E THE VETERINARIAN HOSPITAL IS APPROVED TO OPERATE, UH, BETWEEN THE HOURS OF 9:00 AM AND 6:00 PM MONDAY THROUGH SUNDAY. UM, AND THEN HOWEVER, UM, UH, HOWEVER, NON-CRITICAL OVERNIGHT ANIMAL PATIENTS WITH ACUTE MEDICAL NEEDS, UH, MAY STAY ON AN OVERNIGHT BASIS. UH, BUT, UH, NO, UH, GENERAL ANIMAL BOARDING SHALL BE PERMITTED. UH, ANIMALS WILL BE SUBJECT TO MONITORING, UM, TO REMOTE MONITORING BY EMPLOYEES, AND EMPLOYEES WILL BE PRESENT, UM, ONLY ON AN AS NEEDED BASIS AFTER THE HOURS SET FORTH, UM, TO ADMINISTER TREATMENT AS ON AN AS NEEDED BASIS. I'LL GO AHEAD AND SECOND IT. UH, JOAN ROLL CALL. I'LL GO AHEAD AND READ THE RESO NUMBER IN CALL. ROLL THE RE THE RESOLUTION NUMBER IS PLANNING COMMISSION RESOLUTION NUMBER 23 DASH 6 1 3 1. UM, COMMISSIONER LEWIS. AYE. COMMISSIONER WILLIAMS? AYE. COMMISSIONER BERA. AYE. COMMISSIONER HANG. AYE. CHAIR GUTIERREZ AYE. LET THE RECORDS SHOW FIVE ZERO APPROVED. UM, CHAIR, IF BEFORE THE NEXT ITEM, IF I, UM, I WOULD LIKE TO REQUEST A, UM, RECESS TO GET PAULINA AND I OKAY. SWITCH SEATS AND, GREAT. YEAH, NO PROBLEM SET UP. WE'LL GO AHEAD AND TAKE A, UH, FIVE MINUTE RECESS. OKAY. THE COMMISSION'S NOW BACK FROM RECESS. WE'RE NOW [4. REVOCATION AND/OR MODIFICATION OF CONDITIONAL USE PERMIT NO. 15-05 AND ADMINISTRATIVE USE PERMIT NO. 15-09] MOVE ON TO ITEM NUMBER FOUR, THE VOCATION AND OR MODIFICATION LOOK ADDITIONAL. USE PERMIT NUMBER 15 DASH ZERO FIVE AND ADMINISTRATIVE USE PERMIT NUMBER 15 DASH ZERO NINE WITH CATEGORY EXEMPTION. THE PERMITEE IS ERIC [00:25:01] ROCKY OF REBAR AND STEAKHOUSE, LOCATED AT 2050 SOUTH VALINDA AVENUE. THE STAFF REPORT AND EVIDENCE WILL BE PRESENTED BY JOANNE BURNS AND THE WEST PHOENIX POLICE DEPARTMENT. GOOD EVENING CHAIR, MEMBERS OF THE PLANNING COMMISSION. UM, JUST A BIT OF BACKGROUND, UM, INFORMATION OF THE LOCATION OF THE RESTAURANT. RE BULL YELL BAR, BARRON STEAKHOUSE IS LOCATED ON IN THE STATER BROTHERS SHOPPING CENTER AT THE NORTHEAST CORNER OF AMAR ROAD IN VALINDA AVENUE. THE 1075 SQUARE FOOT RESTAURANT TENANT SPACE FACES VALINDA AVENUE AND IS APPROXIMATE APPROXIMATELY 40 FEET FROM THE ADJACENT SINGLE FAMILY RESIDENTIAL PROPERTIES ALONG DORIS STREET, WHICH IS TO THE NORTH OF THE SITE. THE, THE ENTITLEMENTS THAT ARE BEING CONSIDERED FOR RE UM, REVOCATION OR MODIFICATION ARE AN APPROVAL FOR A CONDITIONAL USE PERMIT THAT ALLOWED FOR LIVE ENTERTAINMENT, WHICH IS LIVE MUSIC, UH, AND A ADMINISTRATIVE USE PERMIT THAT ALLOWED FOR THE ON SALE SER ALCOHOL SERVICE OR SALES FOR ONSITE CON CONSUMPTION IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT. UM, GO AHEAD AND GO OVER THE, THE, THE TIMELINE. THE PLANNING COMMISSION INITIALLY APPROVED THE, THE ADMINISTRATIVE USE PERMIT IN CONDITIONAL USE PERMIT IN OCTOBER 27TH, 2015, THE PLANNING COMMISSION, UM, UPON A REQUEST BY THE PERMITEE, THE PLANNING COMMISSION APPROVED REVISED HOURS OF OPERATION ON DECEMBER 11TH, 2018. UM, ON OCTOBER 8TH, 2019, THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL SUSPENDED THE ALCOHOL LICENSE FOR 20 DAYS, UM, THE 20 DAY SUSPENSION. IT WAS A RESULT OF THE PERMIT MR. ROOKE, UM, PLEADING GUILTY, UM, REGARDING BEING ACCESSORY TO A CRIME, UM, WHERE HE HID A STOLEN FIREARM FROM, FROM, FOR AN EMPLOYEE THAT FLED INTO THE REBEL YELL, UM, RESTAURANTS WHILE UNDER SURVEILLANCE BY THE LOS ANGELES COUNTY SHERIFF'S DEPUTIES. UM, ACCORDING TO THE A B C INVESTIGATION REPORT, WHICH HAS BEEN INCLUDED IN THE STAFF REPORT PROVIDED TO THE PLANNING COMMISSION, UM, THE DEPUTIES OBTAINED PER, UM, PERMISSION TO REVIEW THE, UM, THE VIDEO SURVEILLANCE, UM, WHERE MR. ROOKE CONFESSED TO BEING INVOLVED IN THE, IN HIDING THE WEAPON. THE DEPUTIES WERE ABLE TO ACCESS THE VI VIDEO SURVEILLANCE AND HAS SERVED MR. FLOYD, WHICH IS THE EMPLOYEE THAT WAS NAMED, GIVING THE FIREARM TO ANOTHER EMPLOYEE TO HIDE THAT EMPLOYEE THAT RECEIVED THE FIREARM, GAVE IT TO HER BOSS, WHICH IS MR. ROKI, UM, WHO TOOK POSSESSION OF IT AND WENT BACK TO THE OFFICE AND RETURNED WITHOUT THE FIREARM. UM, AND THIS REPORT IS INCLUDED AS ATTACHMENT SEVEN IN, IN THE RESOLUTION. UM, THE, THE LICENSE, THE A B C LICENSE WAS AGAIN, SUSPENDED MOST RECENTLY ON JULY 23RD, 2023. UM, AND I BELIEVE THE SUSPENSION HAS BEEN SINCE LIFTED. AND THE REASON FOR THIS SUSPENSION, UM, WAS THAT THERE WERE, UM, STATE TAX, UM, DE THERE WAS A STATE TAX DELINQUENCY ON AUGUST 29TH, 2023. UM, I CONTACTED THE PERMITEE TO INFORM HIM, UH, OF THE INITIATED REVOCATION PROCESS AND, UM, AND SCHEDULE, AND THIS WAS DONE VIA TELEPHONE. UM, ON AUGUST 31ST, 2023, I FOLLOWED UP THE PHONE CALL WITH A WRITTEN LETTER NOTICE THAT WAS EMAILED TO HIM, AND ALSO MAILED TO HIS ADDRESS ON [00:30:01] SEPTEMBER 23RD. UM, THE PUBLIC HEARING NOTIFICATION WAS SENT A COPY OF THE PUBLIC HEARING NOTIFICATION PER CODE WAS SENT TO ALL PROPERTIES WITHIN AND PROPERTY, PROPERTY OWNERS AND OCCUPANTS WITHIN 300 FEET FROM THE SITE, UM, INCLUDING THE PERMIT. I SENT IT TO BOTH THE RESTAURANT AND ALSO HIS, HIS LISTED ADDRESS, UM, IN THE BUSI FOR THE BUSINESS LICENSE. I, I ALSO SENT THE PUBLIC HEARING NOTICE TO HIM VIA EMAIL, UM, ON SEPTEMBER 21ST. I PROVIDED THE, THE PLANNING COMMISSION AGENDA PACKET TO THE APP, TO THE COMMITTEE, UM, VIA EMAIL ON BOTH HIS EMAIL ADDRESSES THAT, THAT HE HAS LISTED IN THE BUSINESS LICENSE, UM, IN HIS BUSINESS LICENSE. NOTE THAT, UM, I JUST WOULD LIKE THE PLANNING COMMISSION TO NOTE THAT THE, UM, THE PREVIOUSLY MENTIONED A B C LICENSE SUSPENSIONS WERE, WERE CONDUCTED, UM, THROUGH A B, C ALONE, AND THE CITY WAS NOT INVOLVED IN ANY OF THAT DECISION. UM, ON THE PROJECTOR IS A LIST OF THE REQUIRED THAT THE, THE REQUIRED GROUNDS FOR MODIF, UM, REVOCATION OF A CONDITIONAL USE PERMIT OR ADMINISTRATIVE USE PERMIT. AND THIS IS FOUND ON SECTION 26 DASH 26 9 6 0.06 OF THE WEST COVINA MUNICIPAL CODE. UM, WITH THIS STAFF BELIEVES THAT THE APPLICANT, UM, THE APPLICANT OR PER WELL, THE PERMIT, UM, IS IN VIOLATION OF, UM, A AND E BASED ON THE EVIDENCE THAT, UM, WILL BE PRESENTED. A THE USE IS DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR WELFARE, OR IS A NUISANCE. AND THEN E THE CONDITIONS OF APPROVAL HAVE NOT BEEN COMPLIED WITH. SO BASED ON A, THE, UM, WEST COVINA POLICE DEPARTMENT RECORDS INDICATE THAT THERE HAVE BEEN OVER 20 CALLS FOR SERVICE AT THE REBEL ALLOCATION SINCE JULY, 2021. UM, I WENT WHEN, INITIALLY WHEN THE POLICE DEPARTMENT CONTACTED STAFF, WE HAD ASKED FOR ANY RECORDS OF CALLS FOR SERVICE WITHIN THE PAST TWO YEARS. SO THIS WAS THE RECORD THAT WAS PROVIDED TO STAFF AND WAS PROVIDED TO THE PLANNING COMMISSION. UM, NOTE THAT THE CALLS FOR SERVICE, UM, THAT, THAT I'M MENTIONING INCLUDES NOT ONLY CALLS FOR SERVICE THAT THE, UM, WHERE POLICE RECEIVED CALLS FROM DISPATCH TO REPORT TO THE SITE. UM, AND IT ALSO INCLUDES SELF-INITIATED CALLS FOR SERVICE. AND BOTH, UM, INFORMATION HAS BEEN PROVIDED AND SEPARATED WITHIN THE SPREADSHEET THAT WAS PROVIDED TO THE PLANNING COMMISSION COMMISSION. UM, THE CALLS FOR SERVICE INCLUDES OVER 50 DISTURBANCE, NOISE DISTURBANCE, OR NOISE DISTURBANCE CALLS. UM, AND AGAIN, THIS IS LISTED AS ATTACHMENT FOUR IN THE STAFF REPORT. UM, AMONGST, UM, THE CALLS FOR SERVICE, UM, IT INCLUDES A LIST OF ITEMS THAT STAFF HA HAS PROVIDED POLICE REPORTS FOR. UM, AND THIS ITEMS, THESE ITEMS ARE, ARE FROM MAY 24TH, 2023. UM, UH, THE WEST COVINA POLICE DEPARTMENT RE RE RESPONDED TO DISTURBANCE CALL REGARDING A BARTENDER, UM, BEATING UP A CUSTOMER ON JANUARY 28TH OF THIS YEAR. AGAIN, UM, THE WEST COVINA POLICE DEPARTMENT RESPONDED TO A CALL REGARDING A BAR FIGHT ON DECEMBER 29TH OF LAST YEAR. THERE WAS A CALL REGARDING FOUR TO SIX GUNSHOTS IN DECEMBER 19TH. UM, THERE WAS A REPORTED RAPE ON NOVEMBER 2ND, THERE WAS A CALL OF A PERSON THROWING A BOTTLE THAT HIT SOMEBODY ON THE HEAD. AND ON APRIL T APRIL 2ND, THERE WAS A CALL [00:35:01] REGARDING SOMEBODY PULLING OUT A SEMI-AUTOMATIC PISTOL. AND IN SE IN JANUARY 27TH, UM, THERE WAS A CALL REGARDING SOMEBODY TRYING, UM, WITH A KNIFE, TRYING TO FIGHT ANOTHER PERSON WHO WAS HIDING IN THE RESTROOM. AND AS AS MENTIONED EARLIER, UM, THE LOG IS INCLUDED IN THE STAFF REPORT. UM, THIS A WEST CO A REPRESENTATIVE FROM THE WEST COVINA POLICE DEPARTMENT IS HERE. UM, AND IF YOU CAN TESTIFY, SIR, PLEASE STATE YOUR NAME. GOOD EVENING. MY NAME'S TRAVIS TIBBITS. I'M THE LIEUTENANT, UM, ASSIGNED TO OUR INVESTIGATIVE DIVISION AT THE POLICE DEPARTMENT. I'VE HELD THAT RANK AND THAT RESPONSIBILITY FOR ABOUT FOUR AND A HALF YEARS NOW. UM, PRIOR TO THAT I WAS A LIEUTENANT AND PATROL FOR, UH, ABOUT FOUR YEARS. UM, JOANNE GOT IT PRETTY MUCH SPOT ON WITH THE DETAILS THAT SHE GAVE YOU REGARDING THE CALLS FOR SERVICE. SO I'LL TRY TO SUM IT UP FROM A POLICE DEPARTMENT'S PERSPECTIVE AND CONCERN. UH, GOING BACK EVEN FURTHER, THEN, JOANNE WENT, WE'VE ACTUALLY HAD A, UH, SHOOTING THAT OCCURRED IN BROAD DAYLIGHT OVER THERE. THAT'S STILL AN OPEN INVESTIGATION, UH, PRE C O V. AND THEN DURING COVID, OBVIOUSLY, UM, CUSTOMERS WERE PUT OUTSIDE AND THE CLIENTELE THAT STARTED TO GATHER THERE, UH, BECAME MORE OF THE PROBLEM. UH, GANG MEMBERS, VARIOUS DIFFERENT THINGS. WE'VE HAD QUITE A FEW MAJOR INCIDENTS, SHOOTINGS, WE'VE HAD PEOPLE DRIVING BY, SHOOTING AT PEOPLE THAT ARE IN THE PARKING LOT OR LOITERING OUT FRONT. UM, WE'VE HAD, UH, ALL KINDS OF NOISE COMPLAINTS, UM, UH, THINGS GO BAR FIGHTS, UH, YOU KNOW, DIFFERENT LOITERING, DUIS, UH, DRUNK IN PUBLIC. I MEAN, IT'S AT THE POINT WHERE, UH, WE'VE HAD TO DO DIRECTED TYPE OF PATROLS TO CURB SOME OF THE ACTIVITIES THAT ARE GOING INVOLVING THE PEOPLE THAT ARE ATTENDING THE, THE REBEL YELL BAR. UM, THAT'S BEYOND THE MAJOR INVESTIGATIONS AND EVEN THE MAJOR INVESTIGATIONS WHEN THEY DO OCCUR, UH, THEY TAKE UP A LOT OF OUR POLICE OFFICERS TIME. UH, YOU KNOW, AT ANY GIVEN TIME, WE MAY ONLY HAVE SEVEN TO 10 OFFICERS ON THE STREET AND ON A MAJOR INCIDENT, WE GOTTA UTILIZE AT LEAST FIVE TO SIX OF THOSE, AT LEAST IN THE BEGINNING OF THE RESPONSE THAT TAKES, UH, TO TAKE CONTROL OF, OF THE MAJOR SITUATIONS ON THE SMALLER ONES, LIKE THE NOISE DISTURBANCE AT MINIMUM WE'RE SENDING TO. BUT IT GOT TO THE POINT WHERE, UH, WE, WE MOST CALLS FOR SERVICE, WE WON'T SEND LESS THAN THREE, UM, JUST BECAUSE OF THE OFFICER SAFETY ISSUES THAT ARE INVOLVED WITH THE PEOPLE THAT ATTEND THE BAR. UM, UH, IT'S EVEN DIFFICULT FOR US, YOU KNOW, AS POLICE OFFICERS, UNIFORM POLICE OFFICERS, WE HAVE TO GO INSIDE THE BAR. I CAN'T SEND LESS THAN THREE, UH, JUST BECAUSE OF THE CONCERN IN THE OFFICER'S SAFETY USE OF WHO'S IN THE BAR, WHAT'S IN THE BAR, WHAT MIGHT OCCUR. UH, AS FAR AS, YOU KNOW, THE SAFETY ISSUES GO. UM, A LOT OF ACTIVITY, UH, THAT TAKES UP A LOT OF OUR TIME, COSTS A LOT OF MONEY WHEN WE DO DIRECT TO PATROLS, OBVIOUSLY WE HAVE TO STAFF ADDITIONAL POLICE OFFICERS OUT THERE TO DO THAT, THAT COST OVERTIME OFTENTIMES. SO IT JUST STARTS TO BECOME A DRAIN ON OUR RESOURCES. AND AS FAR AS THE INVESTIGATIONS GO, UH, I COULD TELL YOU WE, WE HAVEN'T HAD MUCH, OUR DETECTIVES, MY DETECTIVES HAVEN'T HAD MUCH COOPERATION FROM THE, THE EMPLOYEES AND THE MANAGEMENT AT THE BAR. WE'VE HAD DIFFICULT TIMES GETTING VIDEO, UM, ON VARIOUS DIFFERENT INVESTIGATIONS, AND THERE'S A NUMBER OF 'EM. UM, AND, AND THAT MAKES IT A LITTLE BIT CHALLENGING WHEN WE MOVE FORWARD TO TRY TO PROSECUTE OR DO SOMETHING TO CURB THE BEHAVIOR. AND, AND WE'VE JUST HAD KIND OF A CHALLENGE TO DO THAT. IT HAS GONE UP AND DOWN. SO I WILL TELL YOU, THERE'S TIMES WHERE IT SEEMS VERY ACTIVE, UM, WHERE WE WOULD PROBABLY PUT THAT TO PEOPLE THAT ATTEND THE BAR GANG FIGHTS, LIKE TWO DIFFERENT GANG GANG MEMBERS HANGING OUT IN FRONT OF THE BAR. MAYBE ANOTHER, MAYBE SOMETHING HAS, HAS BEEN IGNITED BETWEEN THE TWO GAMES. SO NOW THE ACTIVITY'S PICKING UP AND THEN IT WILL DROP FOR A WHILE. SO IT'S, IT'S NOT CONSISTENT EVERY NIGHT, BUT IT'S CERTAINLY SIGNIFICANT AND IT'S A SIGNIFICANT CONCERN. OUR DETECTIVES CAME, BECAME VERY CONCERNED, PARTICULARLY, AND I BELIEVE IT WAS LAST SUMMER WHEN SOMEONE DROVE BY AND STARTED OF JUST SHOOTING A GUN OUT AT PEOPLE OUT FRONT. UM, 'CAUSE THAT OBVIOUSLY CAN HIT THAT, THAT GUNFIRE CAN HIT ANYBODY. UM, I DID BRING A FEW THINGS JUST TO AM AM I OKAY [00:40:01] TO GO OVER THIS A LITTLE BIT? OKAY. JUST A FEW THINGS, JUST, JUST TO SHOW YOU KIND OF WHAT THE POLICE OFFICERS ARE RESPONDING TO THERE. UM, ON MAY 24TH, UH, THIS CALL FOR SERVICE WAS A BARTENDER, BEAT UP A CUSTOMER. UM, WE HAVE TO SEND, YOU KNOW, AT LEAST THREE OFFICERS TO THAT. AND THAT WAS AT, UH, EARLY IN THE MORNING, LIKE TWO, 2:00 AM IN THE MORNING. THIS ONE, UH, MAY OR MAY NOT HAVE INVOLVED THE, THE BAR AND RESTAURANT THERE PARTICULARLY, BUT THERE WAS A FATHER, THERE WAS A DOMESTIC VIOLENCE INCIDENT OUT IN THE PARKING LOT. CAN'T GO TOO MUCH INTO THAT. UM, ON JANUARY 28TH, TWO, 2000 AND, UH, 23, EARLY IN THE MORNING, ONE 30, UM, PEOPLE WERE CALLING ABOUT NOISE IN A BAR FIGHT. UH, A LOT OF PEOPLE OUTSIDE THEY THOUGHT THEY SMELLED SMOKE, MAYBE A FIRE WE HAD TO GO HANDLE THAT. UM, THERE WAS A HIT AND RUN. NOT QUITE SURE. IT COMPLETELY GOES BACK TO THAT. THE PROBABILITY IS HIGH, MAYBE SOMEONE LEAVING THE BAR. IT WAS, UM, ABOUT 9 45 AT NIGHT ON JANUARY 19TH. UM, WE GOT A CALL OF FOUR TO FIVE GUNSHOTS HEARD. UM, THOSE ARE TIMES WE'VE HAD A COUPLE OF THOSE. AND WE'VE ACTUALLY VERIFIED BY FINDING SHELL CASINGS EXPENDED SHELL CASINGS ON THE GROUND. SO THAT CORROBORATES THE, YOU KNOW, A LOT OF PEOPLE HEAR GUNSHOTS, BUT SOMETIMES IT'S FIREWORKS OR WHATNOT. BUT WHEN WE FIND THE EXPENDED SHELL CASINGS ON THE GROUND, IT CORROBORATES THE FACT THAT SOMEONE DROVE BY AND SHOT, UM, AT SOMEONE OR AT THE BUILDING OR SOMEWHERE IN THAT VICINITY. UM, GOING BACK TO DECEMBER, UH, UH, THAT'S WHEN WE HAD A REPORT OF, UH, OF RAPE. UH, BACK IN NOVEMBER, WE HAVE A MALE THROWING A BOTTLE AT ANOTHER MALE. SOMEONE WAS GASED IN THE HEAD. WE HAD TO SEND NUMEROUS OFFICERS IN FIRE DEPARTMENT OVER THAT. UM, BACK IN JULY OF 20,022, WE HAD A, A COUPLE GUNSHOT VICTIMS OUT IN FRONT. UM, WE HAVE TO CALL IN WHEN THAT HAPPENS TOO. IT EXPENDS OUR RISKERS. WE HAVE TO CALL ON OUR DETECTIVES OFTENTIMES TO, TO, TO DO THE FOLLOW-UP INVESTIGATIONS ON THAT. UM, APRIL, 2022, UM, A MALE PULLED OUT A SEMI-AUTOMATIC PISTOL ON SOMEBODY. WE HAD OTHER FIGHTS BACK IN JANUARY OF 2022, AND IT JUST GOES BACK, UM, FURTHER. UH, SO IT'S A MIX BETWEEN THE NOISE. UM, THE ALCOHOL, IN MY OPINION, PROFESSIONAL OPINION, UM, HAS SOMETHING TO DO WITH PEOPLE'S BEHAVIOR OUT FRONT. IF THEY'RE, UM, TOO INTOXICATED OR LOITERING TOO LATE INTO THE NIGHT, UH, THAT'S WHEN 10 THINGS TEND TO GET A LITTLE WORSE. BUT IT'S BEEN A DRAIN ON THE POLICE DEPARTMENT'S RESOURCES AND IT IS A CONCERN FOR PUBLIC SAFETY ON OUR PART. IS THERE ANY OTHER QUESTIONS? I CAN, I CAN ASK, UM, NO QUESTIONS AT THIS TIME, BUT IF YOU CAN STAND BY, UM, I WOULD HAVE QUESTIONS FOR YOU LATER ON IN THE, IN THE PRESENTATION OF EVIDENCE. OKAY, NO PROBLEM. SORRY. UM, GL TIBBITS, IF YOU CAN STAY ON THE STAND. . SORRY. OKAY. UM, IN ADDITION, OKAY, SO THE STAFF DID RECEIVE EMAILS FROM NEIGHBORS. UM, THREE EMAILS HAVE BEEN INCLUDED IN THE PLANNING COMMISSION PACKET. ONE EMAIL FROM DEBORAH GOMEZ WAS SENT IN TODAY, AND A COPY OF THE, THAT EMAIL WAS PROVIDED TO THE PLANNING COMMISSION IN, IN FRONT, UM, ON THE DAAS. AND I STAFF ALSO PROVIDED A COPY OF THE EMAIL PRIOR TO THE MEETING TO THE PERMIT. UM, THE E THE EMAILS THAT STAFF RECEIVED FROM NEIGHBORS, UM, STATE EXPRESSED CONCERNS REGARDING NOISE AND ALSO THEIR SAFETY. UM, IN REGARDS TO CONDITIONS OF, UM, CON CONDITIONS OF APPROVAL, RESOLUTION NUMBER 20, I'M SORRY, RESOLUTION NUMBER 15 DASH 5 7 83. THIS IS, UM, ONE OF, ONE OF THE, UM, RESOLUTIONS THAT ALLOWED THE APPLICANT TO OPERATE, UM, FOR [00:45:01] THE CONDITIONAL USE PERMIT FOR ALCOHOL SERVICE. UM, ONE, UM, D INCLUDED THE, THE APPROVED USE SHALL NOT CREATE A PUBLIC NUISANCE. UM, F THE BUSINESS OWNER AND MANAGER OF THIS ESTABLISHMENT SHALL BE STRICTLY ACCOUNTABLE FOR COMPLIANCE WITH ALL CONDITIONS IMPOSED AS PART OF THIS CONDITIONAL USE PERMIT. WHETHER OR NOT THE OWNER OR THE MANAGER ARE PERSONALLY PRESENT AT THE LOCATION. I APOLOGIZE. I MENTIONED AL UM, ALCOHOL SERVICE CONDITIONAL USE PERMIT, BUT THIS IS ACTUALLY FOR LIVE ENTERTAINMENT. UM, SECURITY PERSONNEL WILL PATROL THE SURROUNDING PARKING LOT AND VICINITY TO ENSURE PATRONS ARE NEITHER LOITERING NOR CAUSING ANY UNDUE DISTURBANCE. UM, LIEUTENANT TIBBITS, UM, FROM, FROM YOUR ACCOUNT, UM, OR, AND ALSO THE, THE REPORTS FROM THE RESPONDING POLICE OFFICERS WHEN THEY HAD PATROLLED THE SITE OR, OR, UM, REPORTED TO THE SITE. DO A CALL, DO TO A CALL FOR SERVICE. HAS, DID ANY OF THE POLICE OFFICERS NOTE, NOTE ANY SECURITY PERSONNEL PATROLLING THE, THE PARKING LOT AND ALSO, UM, UH, OR WITHIN OR IS IN THE RESTAURANT TO ENSURE THAT THE PATRONS ARE NOT CAUSING ANY UNDUE DISTURBANCE? I AM NOT A HUNDRED PERCENT SURE IF, IF THERE WAS HIRED SECURITY OUT THERE FROM TIME TO TIME, I COULD TELL YOU THAT, UH, IF THERE WAS THEY WERE COM IT WAS COMPLETELY INEFFECTIVE. UM, UM, I DON'T KNOW IF THEY WERE PROFESSIONAL SECURITY HIRED OR IF IT'S, UM, SECURITY HIRED OF PEOPLE THAT KNOW THE OWNERS OR THE, THE EMPLOYEES. UM, BUT NOTHING THAT MADE ANY SIGNIFICANT DIFFERENT DI DIFFERENCE IN THE BEHAVIOR OR THE LOITERING THAT OCCURRED OUT FRONT. THANK YOU. AND THEN THIS, UM, THIS IS THE CONDITION OF, UM, CONDITION OF APPROVAL FOR RESOLUTION 15 DASH 5 7 84, WHICH IS FOR, UM, FOR THE LIVE ATTAINMENT AND ALSO THE, THE ADMINISTRATIVE, THE A E P, UM, THE BUSINESS OWNER AND MANAGE AGAIN, UM, WHAT I MENTIONED EARLIER, THE BUSINESS OWNER AND MANAGER IS RESPONSIBLE FOR, UM, THE CONDITIONS OF APPROVAL. THE APPROVED USE SHALL NOT CREATE A PUBLIC NUISANCE. AND IN THE EVENT THAT THE SURROUNDING RESIDENTS OR BUSINESSES ARE NEGATIVELY IMPACTED DUE TO THE LIVE STATEMENT, THAT PLANNING CO THAT PLANNING COMMISSION MAY REVIEW THE CONDITION, NO USE PERMIT FOR LIVE ENTERTAINMENT AND MAY MODIFY IT. UM, THIS IS THE RESOLUTION THAT, AND EXTENDED THE HOURS OF OPERATION. AGAIN, IT TALKED ABOUT THE SECURITY PERSONNEL AND THE PROPERTY OWNER BEING RESPONSIBLE. AND THESE ARE CONDITIONS OF APPROVAL FOR ALL THREE RESOLUTIONS. UM, IT INCLUDED, UM, A POLICE DEPARTMENT REQUIREMENT FOR S C C T V MONITORING, MONITOR MONITORING SYSTEM, UM, WHICH ALLOWS, UM, POLICE DEPARTMENT PERSONNEL TO EASILY ACCESS THE SYSTEM AND DOWNLOAD THE VIDEO. AND IT ALSO, UM, REQUIRES THAT REAL TIME RECORDING, UM, UH, WITH A STORAGE, UM, SPACE FOR 30, 30 DAY AT, UM, AT MINIMUM. UM, LIEUTENANT TIBBITS WAS THE POLICE DEPARTMENT ABLE TO ACCESS, RECORDED, UM, FOOTAGE FROM THE SITE AND WAS THE POLICE DEPARTMENT, UM, GRANTED ACCESS, UH, OF THE RECORDING SYSTEM IN, IN ALL THE CASES WHERE, UH, WE NEEDED TO OBTAIN VIDEO. WE'VE HAD NO LUCK AT OBTAINING THE VIDEO, GETTING COOPERATION FROM EMPLOYEES OR THE OWNERS AT THAT LOCATION AND PROVIDING THAT TO US. THANK YOU. UM, THE SUMMARY OF, UM, THE PROJECTORS A SUMMARY ARE THE EVIDENCE PROVIDED THE WEST COVINA POLICE DEPARTMENT CALL LOGS. UM, THE POLICE REPORTS LETTERS FROM THE NEIGHBORS IN THE REPORT FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, AND ALSO, UM, HERE TODAY THE TESTIMONY FROM THE WEST COVINA POLICE DEPARTMENT REPRESENTATIVE LIEUTENANT TIBIT. UM, THE PLANNING COMMISSION HAS OP SEVERAL OPTIONS. ONE OF THE OPTION IS TO REVOKE THE [00:50:01] ADMINISTRATIVE USE PERMIT AND OR CONDITIONAL USE PERMIT. THE ADMINISTRATIVE USE PERMIT ALLOWS FOR ALCOHOL, ONSITE ALCOHOL SALES, AND THE CONDITIONAL USE PERMIT ALLOWS FOR LIVE ENTERTAINMENT TO MODIFY OR TO MODIFY THE A, THE ADMINISTRATIVE USE PERMIT AND OR CONDITIONAL USE PERMITS, OR TO DETERMINE OR, OR TO MAKE A DETERMINATION THAT THE, THAT SUFFICIENT EVIDENCE WAS NOT PROVIDED TO WARRANT A REVOCATION OR MODIFICATION. UM, PLEASE NOTE THAT, THAT ANY DECISION THAT THE PLANNING COMMISSION MAKES TODAY, UM, STAFF WILL PREPARE A RESOLUTION TO SUMMARIZE THE DECISION, UM, AND ALSO THE, THE EVIDENCE PROVIDED AND CONSIDERED BY THE PLANNING COMMISSION, UM, AND PRESENT THE RESOLUTION AT THE NEXT MEETING OF OCTOBER 10TH TO THE PLANNING COMMISSION THAT REPRESENT, UM, THE RESOLUTION, UM, IS TO REPRESENT THE PLANNING COMMISSION'S DECISION TONIGHT. UM, BASED ON THEIR DELIBERATION, ANY DECISION MADE BY THE PLANNING COMMISSION IS SUB SUBJECT TO APPEAL TO THE CITY COUNCIL WITHIN 10 DAYS, UM, OF THE DECISION, WHICH IS 10 DAYS FROM THE ADOPTION OF THE RESOLUTION. AND WE WILL, UM, IF THE, ONCE THE PLANNING COMMISSION RENDERS A DECISION, UM, AND THE RE RESOLUTION IS ADOPTED, WE WILL PROVIDE THE PERMIT. UM, AND ALSO THE PUBLIC INFOR MORE INFORMATION REGARDING THE APPEAL PROCESS. UM, WITH THIS STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION HOLD THE PUBLIC HEARING REVIEW. ALL EVIDENCE PRESENTED, CONSIDER TESTIMONY FROM ALL PARTIES PRESENT, INVOKE TO REVOKE THE ADMINISTRATIVE USE PERMIT AND CONDITIONAL USE PERMIT IF STAFF, UM, IF THE PLANNING COMMISSION HAS QUESTIONS FOR STAFF, UM, CLARIFICATION QUESTIONS FOR STAFF AND ALSO THE, UM, POLICE DEPARTMENT REPRESENTATIVE, WE ARE AVAILABLE TO, TO ANSWER THANK YOU FOR THE STAFF REPORT, DOES ANY MEMBER OF THE PLANNING COMMISSION HAVE QUESTIONS FOR STAFF SPECIFICALLY OF WHAT WAS PRESENTED BY STAFF OR THE WEST CO POLICE DEPARTMENT AT THIS TIME? COMMISSIONER LEWIS. A FEW QUESTIONS. UM, WITH REGARD TO THE, UM, THE VIDEO COMPLIANCE REQUIREMENTS, UH, SET FORTH IN THE, UH, ADMINISTRATIVE USE PERMIT. UM, IS, IS IT YOUR UNDERSTANDING THAT THERE WAS A, THAT THERE IS A, A CAMERA SYSTEM WITH VIDEO AUDIO RECORDING ON SITE? TO MY KNOWLEDGE THERE, AT LEAST AT A PARTICULAR TIME, THERE WAS, I DON'T KNOW IF IT WAS CONSISTENT THE ENTIRE TIME. I, I DON'T KNOW THAT. OKAY. UM, I COULD TELL YOU THAT PARTICULARLY ON THE INSTANCES, THE MORE SERIOUS INSTANCES THAT INVOLVED THE SHOOTINGS, MY DETECTIVES HAD A VERY DIFFICULT TIME GETTING ANY COOPERATION FROM ANYONE, UH, THERE AT THE BUSINESS TO, AND WE HAVEN'T OBTAINED ANY VIDEO WHERE, UH, PARTICULARLY THE ONE A FEW YEARS AGO THAT WAS IN, DURING THE DAY, WE WERE ABLE TO OBTAIN VIDEO FROM, THERE'S A LIQUOR STORE RIGHT AROUND THE CORNER. WE WERE VERY EASILY ABLE TO OBTAIN THAT VIDEO. SO WE, WE JUST HAD A DIFFICULT TIME. I SPOKE TO MY, MY, UM, SERGEANT THAT, THAT SUPERVISES, UM, OUR HOMICIDE DETECTIVES, OUR ROBBERY DETECTIVES, THOSE GUYS THAT INVESTIGATE THOSE MATTERS TODAY. AND I CONFIRMED WITH HIM AGAIN, HAVE WE EVER BEEN ABLE TO GET VIDEO FROM THE REBEL YELL? AND HE SAID, NO, WE HAVEN'T. AND JUST TO, JUST TO CLARIFY THIS FURTHER, UM, IN ANY OF THOSE INSTANCES, UH, WAS THERE A SUBPOENA THAT WAS PROVIDED TO THE PERMITEE A T? UH, WE WOULDN'T DO A SUBPOENA BECAUSE THE CASE, WE WOULD ONLY DO SUBPOENAS IF THE CASE WAS FILED AND WE'RE LOOKING TO GET EVIDENCE ON A CRIMINAL, SOMETHING, THERE WAS A CRIMINAL COMPLAINT THAT'S ALREADY BEEN FILED, WE'D DO A SEARCH WARRANT. UM, AND I, I CAN LOOK AND GET BACK. I'M NOT SURE THAT WE NECESSARILY FELT IT WAS PRUDENT IN THAT INVESTIGATION TO DO THE SEARCH WARRANT, LIKE WHAT WE'RE GONNA GET OUT OF IT, NOT ENOUGH JUICE FOR THE SQUEEZE, IF YOU WILL. IF WE ALREADY HAD ENOUGH EVIDENCE FOR SOMETHING ELSE, OR MAYBE WE HAD, YOU KNOW, UH, IT WASN'T SOMETHING THAT WAS OF INTEREST TO OUR DETECTIVES SO MUCH TO BE ABLE TO PUT ALL THE WORK IN OF THE SEARCH WARRANT TO GET IT. UM, THERE COULD HAVE BEEN INSTANCES WHERE THEY DID, UM, GOING BACK, MY MEMORY JUST CAN'T SERVE ME BACK FOUR YEARS BECAUSE IT, THE PROBLEMS GO BACK FOR SOME TIME. UM, THERE, I, I CAN TELL YOU THERE ARE SOME INSTANCES WHERE I DON'T THINK WE BOTHERED WITH GETTING THE SEARCH WARRANT. IT'S JUST MUCH EASIER TO, TO GET THE, UH, COOPERATION FROM [00:55:01] THE BUSINESS OWNERS, UM, THEN TO WRITE THE SEARCH WARRANTS, GO IN THERE, TAKE THE HARD DRIVES, FIGURE OUT HOW WE CAN ACCESS THE VIDEO OR WHATNOT. IT JUST GETS A LITTLE BIT MORE DIFFICULT. UNDERSTOOD. UM, AND THEN, UH, JUST GOING TO THE, UH, THE, THE, I GUESS, NOISE ISSUES ON SITE, UM, HAS, HAS THE, UM, HAS THE POLICE DEPARTMENT EVER ISSUED ANY CITATION TO THE PERMITEE FOR NOISE VIOLATIONS? PROBABLY NOT. OKAY. AND THE REASON I SAY THAT IS, UM, OUR POLICE OFFICERS LIKE TO TRY TO HANDLE THAT DIPLOMATICALLY ON GETTING PEOPLE TO MOVE ON OR CLOSE, JUST LIKE ANY HOUSE PARTY OR WHATNOT. WE JUST DON'T ISSUE A LOT OF, UM, NOISE CITATIONS. THEY'RE A LITTLE BIT MORE DIFFICULT TO PROVE WITHOUT KNOWING THE, THE LEVEL OF THE NOISE. UM, WE JUST HAVE GOTTEN A LOT OF CALLS AND IT'S MOSTLY PROBABLY FROM, UM, TALKING AND LOITERING, OUTSIDE LOUDNESS THAT KIND OF PROBABLY PERMEATES THROUGH THE HOUSES THAT ARE JUST NORTH OF WHERE THAT'S AT. THAT WOULD BE, THAT WOULD BE, MY GUESS IS IT'S THOSE PEOPLE THAT LIVE JUST NORTH OF THAT BECAUSE AMAR IS JUST SOUTH OF THAT. THAT'S LOUD, VALINDA COMES IN. I DOUBT THAT THAT NOISE GETS HEARD DOWN TO THAT WAY. IT'S, IT'S THE HOUSES NORTH OF, SO, AND, AND JUST FOR, UH, SORT OF OF FOUNDATIONAL PURPOSES HERE, THERE ARE MULTIPLE BUSINESSES IN THIS SHOPPING CENTER, CORRECT? YES. IT, IT WRAPS AROUND TO A FEW DIFFERENT BUSINESSES AND THEN OVER TO THE GROCERY STORE. AND, AND, AND BASED UPON YOUR EXPERIENCE ARE WHAT, APPROXIMATELY WHAT PERCENTAGE OF THE CALLS FOR SERVICE, UM, ARE THIS PARTICULAR BUSINESS? THE PERMITEE BUSINESS? UH, THE, THE, THE REBEL YELL HAS, HAS GIVEN US QUITE A LOT OF BUSINESS OVER THE PAST FOUR YEARS. UM, I WOULD SAY A HIGHER, I DON'T KNOW THE EXACT NUMBER, BUT A HIGHER NUMBER OF PERCENTAGE OF THE CALLS IN THAT PARTICULAR AREA GONNA BE COMING FROM, FROM THE REBEL YELL, OF COURSE, WE'VE GOT THIS, THE LIQUOR STORE OCCASIONALLY HAS HAD ITS PROBLEMS. STATER BROTHERS GETS THEFT PROBLEMS, AND WE HAVE TO GO ON THAT AS WELL. UM, IT, THE AREA WHERE THAT BAR IS AT, UM, I'VE BEEN IN THE POLICE DEPARTMENT FOR 23 YEARS AND EVEN BEFORE IT WAS THE REBEL REBEL YELL, WE'VE HAD PROBLEMS OFF AND ON WITH WHATEVER BUSINESS THAT WAS THERE. UM, YOU KNOW, AT BORDERLINE AT BORDERLINES, UM, THE VALINDA LA PUENTE AREA BRINGS IN DIFFERENT PEOPLE THROUGH THAT AREA. THERE'S A MAJOR THOROUGHFARE THAT RUNS ACROSS. SO, UM, IT'S, IT'S JUST IN AN AREA WHERE HAVING A LATE NIGHT BAR AND, AND, AND I, AND THE FOOD, OF COURSE, UM, HAS BEEN PROBLEMATIC FOR US OVER THE YEARS, EVEN BEFORE IT WAS THE REBEL YELL. UNDERSTOOD. UM, JUST TO, JUST SO THAT I'M CLEAR ON THIS, SO I, I WANNA MAKE SURE I HAVE AN UNDERSTANDING WITH REGARD TO THE, UM, PERCENTAGE. WOULD YOU SAY IT'S MORE THAN 50% OF THE CALLS FOR SERVICE THAT ARE PERTAINING TO THIS BUSINESS? YES. OKAY. MORE THAN 60%, PROBABLY THE VAST MAJORITY, PROBABLY 80% OF OUR CALLS IN THAT PARTICULAR AREA. IF, IF I BROKE IT DOWN TO THAT, THAT BLOCK OR THAT 80, 80 PLUS PERCENT OF THE CALLS OVER THE PAST FEW YEARS HAVE BEEN AS A RESULT OF THE PEOPLE AT REBEL YELL. OKAY. I, I TRY TO BE VERY CAREFUL AT WHAT I SAY. I, I'VE NEVER SPOKEN TO THE OWNERS. I UNDERSTAND AND EMPATHIZE WITH BUSINESS OWNERS THAT ARE TRYING TO MAKE A LIVING AND RUN A BUSINESS, AND A LOT OF TIMES IT'S THE PEOPLE THAT ARE ATTENDING THAT BUSINESS THAT CAUSED THE PROBLEM. UM, BUT NONETHELESS, THAT ENDS UP, UH, BECOMING, BECOMING A HUGE BURDEN ON THE POLICE DEPARTMENT AND PUBLIC SAFETY. IF, IF WE CAN'T CONTROL WHO'S GOING AND HOW THEY'RE GOING AND HOW LATE THEY'RE STAYING AND HOW MUCH THEY'RE LOITERING AND HOW MUCH, UM, THEY'RE THE BEHAVIOR OF THE PATRONS ATTENDING THAT BUSINESS CAUSES, UH, THE POLICE TO GET CALLED. AND THEN, UM, WITH REGARD TO THE, THE CORRIDOR ON, ON AMAR THAT HAPPENS TO BE IN WEST COVINA, IS, IS THIS, UM, IS THERE ANY OTHER BUSINESS THAT YOU ARE AWARE OF, AND YOU DON'T NEED TO NAME NAMES HERE, UM, THAT HAS MORE CALLS FOR SERVICE, UM, ON AVERAGE IN AN AVERAGE YEAR FOR THE PAST FOUR YEARS THAN THIS BUSINESS? NO. OKAY. NO. UM, I COULD EVEN, TO PUT IT IN PERSPECTIVE. SO OVER THE YEARS, UM, YOU KNOW, THERE'S BEEN BUSINESSES THAT HAVE CAUSED A LOT OF WORK FOR THE POLICE DEPARTMENT, A LOT OF CALLS FOR SERVICE. UM, ALL I, I'M SURE EVERYONE'S BEEN IN WEST COMMAND FOR A WHILE. LIKE, IF YOU CAN REMEMBER LIKE WHEN THE CRAZY HORSE WAS WERE, UH, WHERE, UM, PORTO'S IS AT, THAT CAUSED US A LOT OF PROBLEMS AS WELL. SO IT'S, IT TENDS TO, TENDS TO SURROUND WHO'S ATTENDING, UM, THE ALCOHOL LEVELS THAT ARE BEING SERVED, IF THEY'RE BEING OVERSERVED, UM, AND HOW LATE, UM, THEY'RE ALLOWING PEOPLE TO STAY THERE. AND THAT THOSE ARE THE FACTORS THAT WE START TO SEE THAT DRAWS IN A PARTICULAR CROWD THAT, UH, [01:00:01] CAUSES MORE PROBLEMS. SO IF, IF I WERE GONNA PUT THE REBEL YELL ON THAT LEVEL, I WOULD SAY THEY'RE PRETTY CLOSE TO, TO WHAT WE HAD WITH, UH, FROM TIMES WITH NATIONALS AND CRAZY HORSE. AND IF WE GO WAY BACK WITH THE SAFARI BAR, LIKE THE, THAT TYPE OF LEVEL, THOSE WERE BIGGER ESTABLISHMENTS, BUT VERY SIMILAR. AND IF IT WASN'T JUST ME IN HERE AND YOU HAD JUST A PATROL OFFICER COMING IN HERE, EVERY SINGLE ONE OF OUR PATROL OFFICERS UNDERSTANDS THAT THE RUBBER YELLS A PROBLEM OUT THERE, EVERY ONE OF 'EM. SO IT'S NOT LIKE SOMETHING WHERE, YOU KNOW, OH, IT IS, YOU KNOW, FOR ANOTHER POLICE OFFICER. EVERYBODY KNOWS THAT, THAT, UH, THE, THE REBEL YELL IS ONE OF OUR HIGHER CALLS FOR SERVICE PROBLEM ESTABLISHMENTS THAT WE HAVE TO GO TO OFTEN UNDERSTOOD. AND THEN, UH, JUST SO I HAVE SOME CLARIFICATION AS FAR AS, UM, THE CALLS FOR SERVICE ASPECT OF THIS, ARE THE CALLS FOR SERVICE ORIGINATING FROM PATRONS INSIDE THE RUB, OR EXCUSE ME, NOT STRIKE THAT. ARE THE CALLS FOR SERVICE ORIGINATING FROM, UM, FROM ISSUES INSIDE THE BUSINESS, UM, THAT ORIGINATED INSIDE THE BUSINESS, OR ARE THEY ORIGINATING OUTSIDE ON AVERAGE? IT'S VERY HARD. , IT'S VERY HARD FOR US TO FIGURE OUT WHAT'S GOING ON INSIDE UNLESS WE'RE GONNA DO AN OPERATION AND PUT SOMEONE IN THERE AND FIGURE IT OUT. , YOU KNOW, UM, UH, I WOULD TELL YOU THAT, UH, UM, FOR THE MAJOR INCIDENTS, IT'S BE, IT HAD EVERYTHING TO DO WITH THE LOITERING OUTSIDE. SO COMING INSIDE, GOING OUTSIDE, GOING INSIDE TO DRINK, COMING OUTSIDE. LOITERING PARTICULARLY, WE, WE HAVEN'T QUITE A HUNDRED PERCENT FIGURED OUT WHAT THE CONFLICT WAS, BUT THERE WAS CERTAINLY SOME SORT OF CONFLICT INVOLVING TWO GANGS WHERE THEY WERE SHOOTING AT EACH OTHER. THE PROBABILITY THAT, UM, SOMEONE, A PATRON IS ARMED ILLEGALLY ARMED WITH A HANDGUN OR, OR FIREARMS AT REBEL YELL IS VERY HIGH. UM, WE'VE, I I, I CAN'T REMEMBER A TIME WHEN I'VE SEEN SO MUCH SHOOTING ACTIVITY OCCUR AT A BAR. AND I'M, AND I'M EVEN COMPARING IT TO THE BIGGER PLACES, LIKE, YOU KNOW, WHEN WE HAD THE CRAZY HORSE IN NATIONALS AND THOSE PLACES, THERE'S A LOT OF ACTIVITY, UH, AND, AND I UNDERSTAND THAT MIGHT BE OVERWHELMING FOR THE OWNER CON TO CONTROL BECAUSE IT DID INVOLVE THE PEOPLE THAT WERE ATTENDING THE BAR. AND THE ONLY THING I CAN THINK OF FROM A POLICE PERSPECTIVE IS WHAT'S OCCURRING, OCCURRING AT THAT ESTABLISHMENT THAT ATTRACTS THEM TO GO THERE, STAY THERE, REMAIN THERE, LOITER THERE, AND COMMIT CRIME, IF YOU WILL, THERE. UM, THAT'S THE CONCERN. I HOPE I ANSWERED YOUR QUESTION. I I APPRECIATE IT. THANK YOU. WELL, MY, MY CONCERN ALSO IS, YOU KNOW, IT FOLLOWS THE LAST QUESTION FOR COMMISSIONER LEWIS. SO IF THE, THE OWNER, MR. RO, YOU KNOW, IF HE, HE'S LIMITED WITH HIS CONTROL OF WHAT'S HAPPENING IN HIS ESTABLISHMENT, THEN, YOU KNOW, I MEAN, WHY HASN'T THIS BEFORE BEEN BROUGHT? YOU KNOW, THIS, THAT'S A LOT OF CALLS, THAT'S A LOT OF CALLS. UM, BUT ALSO JUST LIKE THE RAPE, YOU KNOW, DID THIS, ALL THESE, THESE SITUATIONS OR CALLS, DID THEY ALL OCCUR DURING, DURING BUSINESS HOURS OR WERE THEY AFTER? I MEAN, WHAT, WAS THERE A POINT WHERE HE COULD HAVE HAD CONTROL OF THE SITUATION? DO WE, DO WE KNOW THAT, UH, I MEAN PARTICULARLY DID THE RAPE OCCUR INSIDE DURING BUSINESS HOURS? YEAH, SO WE DIDN'T, WE DIDN'T SEE TOO MUCH ACTIVITY LIKE DURING THE DAY, YOU KNOW, AND I WOULD, I WOULD, I WOULD DO SOME INVESTIGATIVE AND ASK AROUND AND ASK PEOPLE, ARE THEY SERVING FOOD IN THERE? THE FOOD GOOD, YOU KNOW, TO FIGURE OUT, OKAY, ARE THEY SERVING FOOD OR, OR THEY NOT SERVING FOOD BECAUSE YOU HAVE TO SERVE THE FOOD WITH ALCOHOL. AND I GOT SOME RESPONSES BACK. YEAH, THEY WERE SERVING FOOD, IT'S GOOD FOOD, AND PEOPLE GO IN THERE DURING THE DAY. WE DIDN'T HAVE AS MANY PROBLEMS, UM, UNTIL THERE WAS A PARTICULAR GROUP, UH, ON ONE DAY A FEW YEARS AGO WHERE WE DID HAVE THE PROBLEM AND THE SHOOTING OCCURRED BETWEEN PEOPLE, UH, COMING IN FROM THE STREET AND THEN PEOPLE THAT WERE LOADING OUT FRONT. MOST OF THE ACTIVITY WAS OCCURRING, UH, LATER IN THE EVENING, UH, AFTER, UM, AFTER A NUMBER OF HOURS. SO EARLY IN THE MORNING WHEN THE LOITERING IS OCCURRING OUTSIDE. UM, CAN, CAN THE OWNER, I MEAN, I WOULD HAVE TO SPECULATE, I, YOU KNOW, IF I, I, YOU KNOW, BUSINESS OWNER, IF, IF I FIND IT VERY HARD TO BELIEVE THEY DON'T KNOW WHAT'S GOING ON, IF I COULD SAY THAT. SO THAT'S REALLY WHAT I, I'M ASKING TOO. WAS HE PRE PRESENT DURING ALL OF THIS, AND IF HE WAS, THEN THERE'S REALLY NOT ANY CONTROL THERE. YEAH, AND I DON'T KNOW, I CAN'T TELL YOU IF THE ACTUAL OWNER OF THE BUSINESS WAS THERE OR THEY HAD SOME MANAGER THERE THAT, UH, EITHER PARTICIPATED IN THE ACTIVITY. I MEAN THE, THE SHERIFF'S DEPARTMENT, UH, UH, INCIDENT. I DID HEAR ABOUT THAT AFTER IT OCCURRED WHEN, WHEN THE SHERIFF'S DEPARTMENT CHASED SOMEONE IN THERE. AND THE, AND THE GUN [01:05:01] INCIDENT THAT YOU WERE TOLD ABOUT, I MEAN, THAT'S PRETTY INDICATIVE THAT YOU'RE NOT COOPERATING WITH THE POLICE. RIGHT. UM, SO I, I HAVE TO SPECULATE AS FAR AS WHAT INVOLVEMENT THE OWNER HAD, HOW MUCH THEY WERE THERE. UM, IT JUST SEEMS LIKE IF I COMPARE IT TO OTHER BUSINESSES THAT WE'VE HAD PROBLEMS WITH ALL, AND I COULD, AND I COULD RELATE TO, TO THIS, I COULD LIKEN IT LIKE THIS. WHEN WE HAD PROBLEMS AT NATIONALS OR CRAZY HORSE OR THESE BIG PLACES, THE MANAGEMENT TEAMS ALWAYS WORKED WITH THE POLICE TO, TO MAKE SURE THAT THEY COULD MAKE IT A BETTER ENVIRONMENT SO THAT THEY COULD STAY OPEN AND, AND THE BUSINESS CAN PROSPER. WE HAVEN'T HAD ANY OF THAT WITH REBEL, REBEL YELL, NO. PRO PROACTIVENESS TO WORK WITH THE POLICE, NO, NONE OF THAT. UM, NO COOPERATION WHEN OUR OFFICERS ARE THERE. UM, YOU, YOU, YOU KNOW, NO, NO. UH, ASKING ANY RECOMMENDATIONS HOW TO MAKE IT BETTER. I FIND IT REALLY HARD TO BELIEVE THAT THEY DON'T KNOW THE ACTIVITY THAT'S OCCURRING IN AND AROUND THEIR BAR. AND JUST TO PIGGYBACK ON THAT QUESTION TOO, UM, CAN YOU EXPLAIN TO THE PUBLIC AND, AND THE COMMISSION, THE SYSTEM THAT THE POLICE DEPARTMENT USES TO TRACK EITHER 9 1 1 CALLS OR EMERGENCY CALLS FOR ASSISTANCE AT SPECIFIC ADDRESSES AND HOW THE HISTORY IS KEPT AND THE LOG IS KEPT IN REGARDS TO A SPECIFIC ADDRESS OR PHONE NUMBER AND SO FORTH? SO, SO WE USE A, A, A SOFTWARE APPLICATION THAT ALL POLICE DEPARTMENTS USE A COMPUTER AIDED DISPATCH PROGRAM THAT, UH, VARIOUS DIFFERENT SOFTWARE COMPANIES PROVIDE. WE, WE, WE USE ONE THAT IT, IT, IT CATEGORIZES THE DATE TIME, AND WHAT THE DISPATCHER'S INPUT FOR THE CALL FOR SERVICE. AND THEN IT STORES THAT SO THAT WE CAN ACCESS IT LATER. AND IT GOES BY VARIOUS DIFFERENT, UM, SEARCHING POINTS. UH, THE REPORTING PARTY'S NAME, THE ADDRESS, THE, UM, THE, UM, LATITUDE, LONGITUDE, I MEAN, WE COULD SEARCH ON WHERE CALLS FOR SERVICE ARE COMING IN FOR THAT WAY THAT CALL DATA STAYS, UM, UH, FOR I BELIEVE FIVE YEARS BEFORE IT'S PURGED. UM, AND THAT WAY WE CAN ANALYZE HOW, HOW MUCH TIME WE'RE SPENDING, UM, AT ONE PARTICULAR LOCATION. UM, BECAUSE AS, AS YOU KNOW, WE ARE NOT THE, A HUGE POLICE DEPARTMENT, SO WE DO COMMUNICATE RATHER WELL WITH EACH OTHER, OUR OFFICERS. BUT, YOU KNOW, WE HAVE OFFICERS THAT WORK DURING THE DAY, OFFICERS WORK DURING THE NIGHT, AND THEY'RE TWO DIFFERENT THINGS GOING ON. AND SOMETIMES IT'S HARD TO TO, UH, KNOW, KNOW EXACTLY WHAT'S GOING ON IN ONE PARTICULAR AREA OF THE CITY. UM, SO WE UTILIZE THAT SOFTWARE TO DO THAT. UM, AND CAN YOU SAY THAT THE CALLS ARE OCCURRING OR THE, THE CRIME THAT'S OCCURRING IS SPECIFICALLY BY PATRONS WHO ARE COMING FROM THE LOCATION? YEAH, I MEAN, WE'VE, WE'VE DONE, UM, SURVEILLANCE OUT THERE TO VERIFY THAT WE'VE DONE SURVEILLANCE A NUMBER OF TIMES WITH DIRECTOR PATROLS WHERE WE'RE STOPPING PEOPLE LEAVING. UM, WE'VE ARRESTED THEM FOR D U I, WE'VE ARRESTED 'EM FOR POSSESSION OF FIREARMS. WE'VE ARRESTED THEM WITH POSSESSION OF NARCOTICS, LEAVING THAT LOCATION. GREAT, THANK YOU. ANY MORE COMMENTS REGARDING THIS? I, I ACTUALLY HAVE ONE, UM, REGARDING THE, THAT PARTICULAR PLAZA, IT'S, IT'S, IT'S QUITE LARGE. HOWEVER, THIS RESTAURANT IS, IS SMALL COMPARED TO THE WHOLE COMPLEX AND IN, IN THE AMOUNT OF CALLS THAT YOU RECEIVED. I'M JUST CURIOUS IN TERMS OF WHEN THE MAJORITY OF THE CALLS THAT HAPPEN OR THE ACTIVITY THAT'S HAPPENED, OBVIOUSLY, IS THE SHOPPING, THE ENTIRE SHOPPING CENTER STILL OPEN OR JUST ONLY THIS PARTICULAR RESTAURANT BAR IS OPEN? I MEAN, PARTICULARLY, I THINK THE STATER BROTHER CLOSE AT MIDNIGHT, OR I THINK THEY CLOSE AROUND 10 OR 11, 11 WEEKNIGHTS AND THEN, UH, THEY MIGHT STAY OPEN A LITTLE LATER. I DON'T, I'M NOT QUITE SURE TO MIDNIGHT, BUT MOST OF, OBVIOUSLY THE SHOPPING ACTIVITY DECREASES LATE AT NIGHT. UM, THAT BAR IS OPEN MUCH LATER THAN ANY OTHER BUSINESSES ARE THERE. I THINK THERE'S A SUBWAY SHOP OR A SANDWICH SHOP RIGHT THERE ON THE CORNER THAT CLOSES ON A LITTLE BIT OF THE EAST SIDE. I THINK THE LIQUOR STORE STAYS OPEN LATER, UM, WITH, WITH THE BAR. UM, BUT MOST OF THOSE OTHER BUSINESSES ARE CLOSING EARLY AND, UM, SO THE ACTIVITY OR THE, THE, UM, PEOPLE IN THAT AREA ARE AT THE BAR. MM-HMM. , THANK SO BEING, I'M SORRY, BEING THAT IT'S 1,075 FEET, I MEAN, UH, WHAT IS THE AMOUNT OF PEOPLE THAT, WHAT IS THE LIMIT THAT ARE ALLOWED IN THAT SPACE? UH, JOANNE? YEAH, I DON'T KNOW THE ANSWER TO THAT. THE FIRE COATS. I MEAN, I, HAVE THEY BEEN GOING OVER THE LIMIT? I MEAN, HAVE THEY BEEN, HAS IT BEEN TO CODE? HAVE THEY HAD ANY VIOLATIONS WITH THE FIRE DEPARTMENT? I'LL BE, I DON'T KNOW IF THERE'S ANY VIOLATIONS OF THE FIRE DEPARTMENT. IT'S, I COULD TELL YOU THINGS THAT I'VE SEEN AND, AND THEN OUR OFFICERS, THERE'S BEEN TIMES WHERE THERE'S [01:10:01] BEEN A LOT OF PEOPLE THERE AND THERE'S TIMES WHEN THERE HASN'T BEEN A LOT OF PEOPLE THERE, UH, NEVER EVEN THOUGHT ABOUT TO LOOK AT THE OCCUPANCY, UM, ON WHETHER THERE, IT'S NOT SOMETHING WE LOOK AT AS FROM THE POLICE DEPARTMENT PERSPECTIVE. YEAH, IT'S USUALLY THE FIRE MARSHAL YEAH. SAFETY ISSUE. UM, CHAIR, IF I MAY. YES. UM, WE HAVE NOT RECEIVED ANY RECORDS OF ANY COMPLAINTS REGARDING THE OCCUPANCY LIMITS. THANK YOU. THANK YOU. ANY MORE QUESTIONS? ALSO, ALSO, IF I MAY, UM, JUST A POINT OF CLARIFICATION REGARDING COMMISSIONER SERRA'S. UM, QUESTION EARLIER REGARDING THE BUSINESS OWNERS, UM, MAY OR MAY NOT, WHETHER THE BUSINESS OWNERS MAY OR MAY NOT BE AWARE OF THE ACTIVITIES THAT ARE HAPPENING WITHIN THE RESTAURANT. UH, I JUST WOULD LIKE TO NOTE THAT ALL THREE RESOLUTIONS INCLUDED A CONDITION OF APPROVAL THAT STATES THE BUSINESS OWNER AND MANAGER OF THE ESAL ESTABLISHMENT SHALL BE STRICTLY ACCOUNTABLE FOR COMPLIANCE WITH ALL CONDITIONS IMPOSED AS PART OF THIS CONDITIONAL USE PERMIT. WHETHER OR NOT THE OWNER OR THE MANAGER ARE PERSONALLY PRESENT AT THE LOCATION. SO NO MATTER WHAT HAPPENS, WHETHER OR NOT HE'S THERE OR HE'S AWARE OF IT, HE IS ULTIMATELY RESPONSIBLE FOR, FOR ALL ACTIVITIES. THANK YOU, JOANNE. THANK YOU COMMISSIONER LEWIS. I DO, UH, TWO FINAL QUESTIONS FOR, UH, FOR LIEUTENANT TIBBITS AND THEN ONE FOR STAFF. UM, HAS THE POLICE DEPARTMENT REACHED OUT DIRECTLY TO THE MANAGEMENT OR THE, THE OWNER OF THIS ESTABLISHMENT, UH, TO DISCUSS THESE ISSUES? TO YOUR KNOWLEDGE? I WANNA SAY YES, BUT I ALSO DON'T WANNA MISSPEAK, UM, BECAUSE I'M NOT ENTIRELY SURE. OKAY. UH, THE SENTIMENT I GOT FROM MY DETECTIVES IS THEY'RE NEVER, THEY'RE NOT COOPERATIVE THERE, YOU KNOW, SO, UH, AND I KNOW WHERE YOU'RE GOING WITH THAT. YOU KNOW, WE GONNA REACH OUT TO TRY TO HELP THIS SITUATION AS, AS AN APPROACH. AND THE SENTIMENT FROM THE POLICE DEPARTMENT OR EVEN OUR POLICE OFFICER IN THE STREET IS THEY DON'T HELP US. THEY'RE NOT POLICE FRIENDLY. UNDERSTOOD. AND, UM, AND THEN JUST, UH, SPECIFICALLY, UM, OBVIOUSLY THERE HAVE, YOU'VE INDICATED THAT THERE HAVE BEEN ARRESTS STEMMING FROM PATRONS, UH, PATRONS IN THE, UH, UM, COMING OUT OF THIS ESTABLISHMENT. MY QUESTION IS, HAS, HAVE THERE EVER BEEN ANY CHARGES? YEAH. WELL, I'M, I'M, YES. I DIDN'T LOOK THAT UP BEFORE I CAME HERE TONIGHT, BUT I'M SURE, UM, ON THOSE ISOLATED INCIDENTS WHERE WE DO SURVEILLANCE AND WE, UH, YOU KNOW, WE PULLING PEOPLE OVER FOR WHETHER SOMEONE'S DRIVING DRUNK OR THERE'S SEPARATE PROBABLE CAUSE TO PULL OVER THE CAR AND THEY GET A GUN OUTTA THE CAR, I'M PRETTY SURE I CAN GO BACK AND FIGURE OUT THAT THOSE, UH, THOSE INSTANCES THE DISTRICT ATTORNEY'S OFFICE FILED CHARGES ON, ON THOSE INDIVIDUALS, THAT, THAT KIND OF OPENS UP A BIG DOOR ON EACH DIFFERENT CIRCUMSTANCE. AND, BUT, UM, I COULD PROBABLY SAFELY SAY YES ON SOME OF THE MAJOR INCIDENTS. UM, LIKE THE SHOOTINGS, WE, WE, WE STILL DON'T KNOW EVERYTHING. AND, UM, THOSE HAVE BEEN A LITTLE BIT MORE DIFFICULT, UM, PARTICULARLY WHEN TWO GROUPS START TO SHOOT AT EACH OTHER BECAUSE NOW A SELF-DEFENSE ISSUE COMES IN. AND SO WE'VE GOTTA GO A LITTLE FARTHER. I MEAN, YOU DO GET, YOU CAN IDENTIFY INDIVIDUALS WHO POSSESS FIREARMS. ARE THEY CONVICTED FELONS? CAN WE GO AFTER 'EM FOR THAT? SO IT'S BEEN A BIT CHALLENGING, UM, BECAUSE THERE'S BEEN A BACK AND FORTH AND, UM, I CAN'T, I CAN'T SIT HERE AND SAY THE OWNER OF THE ESTABLISHMENT IS INVOLVED IN THAT PARTICULAR ACTIVITY. IT'S JUST THAT THAT'S WHAT'S BEING DRAWN TO THAT BAR. UNDERSTOOD. AND THEN, UM, JUST A GENERAL QUESTION FOR STAFF THEN WOULD BE, UM, HAS, HAS STAFF PRIOR TO THE, UH, TO THE NOTIFICATION THAT WE WERE GOING TO INITIATE THE, I GUESS THE CITY WAS GOING TO INITIATE, UH, POTENTIAL REVOCATION PROCEEDINGS. HAS THERE BEEN ANY DIALOGUE BETWEEN, UH, ANY CITY STAFF AND THE, UM, BUSINESS OR, UH, BUSINESS OWNER OR, OR MANAGERS OF THIS ESTABLISHMENT? UM, REGARDING THE ITEMS THAT WERE PRESENTED TO THE PLANNING COMMISSION? NO. UM, HOWEVER, THERE, UM, I, BECAUSE IN ALL CALLS, UM, IT'S, IT APPEARS THAT ALL CALLS, UM, IN COMPLAINTS REGARDING NOISE AND ACTIVITIES, UM, AS DESCRIBED, UH, WITHIN OR AROUND REBEL YELL, UM, HAS BEEN THE POLICE DEPARTMENT HAS BEEN CALLED. UM, SO STAFF DOES NOT HAVE ANY RECORDS OR OF CALLS COMING IN TO CODE ENFORCEMENT OTHER THAN A COMPLAINT REGARDING REGARDING, UM, PERMITTED [01:15:01] SIGNAGE. UNDERSTOOD AND MM-HMM. , HAS THERE BEEN ANY STAFF INITIATED DISCUSSION AT ALL PRIOR TO THE INITIATION OF THE REVOCATION? NO. OKAY. ALRIGHT. THANK YOU. I HAVE ONE QUESTION FOR THE OFFICER RIGHT HERE. UM, REGARDING ALL THE INCIDENTS YOU, THAT YOU HAD MENTIONED EARLIER, WHEN IT HAPPENS, IT APPEARS THAT YOU HAD MENTIONED THAT YOU CAN SOMETIME GET HELP OR VIDEOS FROM THE SURROUNDING BUSINESSES, HOWEVER, YOU'RE NOT ABLE TO GET ANY VIDEOS FROM THE BAR ITSELF. IS THAT CORRECT? ACCURATE? YEAH. SO, UM, LIKE I HAD SAID EARLIER, UM, I, YOU KNOW, I SPOKE TO MY, MY SUPERVISOR THAT SUPERVISES THE DETECTIVES AND HE'S SAYING WE'VE JUST NEVER BEEN ABLE TO GET ANY VIDEO FROM, FROM, OR COOPERATION FROM THE PEOPLE THAT WORK AT THE BAR. UM, AS FAR AS THE DETAILS, WHEN THEY WENT, WHO THEY SPOKE TO, DID THEY JUST SPEAK TO, UH, THEY JUST NEVER, THIS, THIS SENTIMENT IS, THEY'RE NOT COOPERATIVE WITH US. UM, CERTAINLY THE SEARCH WARRANT OPTION IS THERE FOR US. UM, UH, I DON'T HAVE THE ANSWERS ON EACH PARTICULAR CASE WHETHER WE DID OR DIDN'T WRITE A SEARCH WARRANT, UH, FOR PARTICULAR VIDEO FROM THE BAR, OR IF WE EVEN NEEDED SOMETHING FROM THE BAR BECAUSE MOST OF EVERYTHING WE'VE HAD, UM, NOT EVERYTHING WITH THERE'S BEEN BAR FIGHTS, BUT IT'S BEEN OUTSIDE THE BAR, BUT IT'S, IT'S THE PEOPLE GOING TO THE BAR THAT ARE INVOLVED IN THAT. BUT YOU WERE ABLE TO GET SOME VIDEOS OR SOME TYPE OF IMAGERY FROM THE NEIGHBORING BUSINESS? WE GOT VIDEO FROM, UM, LIKE THE OWNER OF THE LIQUOR STORE IS VERY COOPERATIVE. WE NEEDED SOME VIDEO FROM HIM ON AN INCIDENT THAT TRAILED AROUND THE CORNER THAT STARTED AT THE REBEL YELL BAR. AND, AND WE GOT VIDEO FROM HIM ON THAT. UM, AND ONE PARTICULAR SPECIFIC INCIDENT, INCIDENT I'M THINKING OF, UM, BUT JUST NO COOPERATION FROM THE RUBBLE YELL AS FAR AS WHAT MY DETECTIVES ARE TELLING ME. THANK YOU. JOANNE. IS THERE ANY REQUIREMENT TO GIVE NOTICE OR WARNINGS PRIOR TO COMING TO A DISCUSSION OF A REVOCATION? UM, IN THE, IN THE CODE, THERE IS NO, UM, NO PROCEDURE IDENTIFIED THAT REQUIRES STAFF TO, TO CONTACT, UM, THE APPLICANT. UM, PRI UM, PRI UM, IN DISCUSSION OF POTENTIAL REVOCATION, THERE IS, IN THE REVOCATION PROCEDURES, THERE IS A PROCESS TO CONTACT AND GIVE NOTICE TO THE APPLICANT THAT THERE, THAT A, A HEARING, UM, FOR REVOCATION OR MODIFICATION IS, IS BEING, UM, IS GONNA BE HELD. UM, THIS IS THE, UM, THIS REVOCATION PROCESS IS, IS THE OR MODIFICATION PROCESS OF THIS PUBLIC HEARING THAT'S BEING HELD AT THE MOMENT IS THE, THE DUE PROCESS. SO STEPH IS FOLLOWING THE PROCEDURES OUTLINED IN THE CODE AND THIS, THIS IS WHY WE'RE HERE AND YES, AND EXACTLY THAT'S WHAT WE'RE HERE DOING THIS EVENING. AND THAT'S WHEN THEY WERE GIVEN NOTICE. JOANNE, FOR THE ADMINISTRATIVE CONDITIONAL USE PERMIT AND ALSO FOR THE CONDITIONAL USE PERMIT, THERE'S A STANDARD CONDITION WHERE THE APPLICANT IS ASKED OR HIS AUTHORIZED REPRESENTATIVE TO SIGN AN AFFIDAVIT IDENTIFYING THAT THEY INTEND TO COMPLY WITH THE CONDITIONS THAT ARE LISTED FOR EACH OF THE PERMITS. DID THAT HAPPEN WITH THIS PARTICULAR APPLICANT? I BELIEVE SO. 'CAUSE THE CONDITIONAL USE PERMIT AND ADMINISTRATIVE USE PERMIT WOULD NOT HAVE BEEN VALID WITHOUT THAT BEING SIGNED. IF IT WAS NOT SIGNED, THEN THEIR APPROVAL IS NOT VALID AT ALL. THANK YOU. THANK YOU. ANY MORE COMMENTS, QUESTIONS? OKAY. OKAY, GREAT. THANK YOU LIEUTENANT. OKAY. AT THIS TIME WE WERE NOW OPEN PUBLIC HEARING. IS THE PERMITEE OR HIS REPRESENTATIVE HERE TO PRESENT EVIDENCE? MY UNDERSTANDING? HE IS. SO WE WILL, UH, CALL UP ERIC ROCKY. THIS IS MR. ERIC ROOKE. I'M HIS ATTORNEY. RIGHT. I WILL, MAYBE IF I MAY HAVE HIM KIND OF PRESENT HIS, UH, VERSION OF THE FACTS SO THAT, YOU KNOW, IT COULD PUT IT IN PERSPECTIVE AND THEN I'D LIKE TO ADDRESS THE MOTION AFTER. GREAT. AND THEN, UH, THE WEST FEMALE, I WAS INFORMED BY OUR CITY ATTORNEY. THE WEST MUNICIPAL CODE ALLOWS FOR, UH, THE CHAIR TO SWEAR TO SWEAR IN THE TESTIMONY GIVEN TODAY. UH, SO DO YOU MIND IF, UH, HE'S SWORN IN UNDER OATH? GREAT. [01:20:02] LEMME JUST GET THE WORDING HERE. OKAY. PLEASE RAISE YOUR RIGHT HAND AND RESPOND TO ME. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IN THIS HEARING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. LET THE RECORD REFLECT THAT. UH, THIS IS A SWORN, SWORN STATEMENT BY ERIC ROCKY. ALRIGHT, I'M HERE. GO AHEAD. I'M HERE. A LOT OF THE QUESTIONS YOU GUYS WERE ASKING, I'M ASKING THE SAME QUESTIONS. UM, RE YELL. I LOVE REBEL YELL. I LOVE WEST COVINA. I THINK RE YELL'S A GREAT PLACE FOR WEST COVINA. I THINK BEFORE WE, WE HERE, I THINK WE SHOULD HAVE TALKED, I'VE NEVER MET THE LIEUTENANT AND NO ONE'S EVER APPROACHED ME, SAY, ERIC, LET'S SIT DOWN AND TALK ABOUT THESE PROBLEMS. BUT WHATEVER IT TAKES TO MAKE THAT PLACE SAFER, I'M WILLING TO DO, YOU KNOW, SO, AND A LOT OF THESE CALLS THAT ARE ON THERE, WE HAD THE SAME PROBLEM WHEN I OPENED UP REBEL YELL. A LOT OF 'EM ARE THE LIQUOR STORE AND I WASN'T EVEN THERE. SO YOU CAN'T CONTRIBUTE ALL THESE CALLS TO ME, YOU KNOW, BUT IT'S EASY TO DO THAT 'CAUSE EVERYBODY KNOWS REBEL YELL NOW. SO WHEN THEY CALL IN, THEY'RE SAYING, WELL, WHY THE REBEL YELL? AND A LOT OF THESE CALLS ARE GANGS MEMBERS, AND ONE OF THE GANG MEMBERS WERE THE CRIPS. THEY'RE NOT THERE RIGHT NOW 'CAUSE THEY'RE TRYING TO KILL ONE OF THE GUYS. ANOTHER GANG MEMBERS IS THE LAPUENTE. AND THAT'S WHAT ALL THE SHOOTINGS WERE AND ALL THE FIGHTS WERE, BUT THEY WEREN'T ALLOWED IN REBEL YELL. I DIDN'T ALLOW 'EM IN THERE. SO FOR THEM TO SAY THEY'RE COMING IN OUTTA RE THEY WERE NOT, THEY WERE OUTSIDE. AND I WOULD CALL THE POLICE DEPARTMENT AND SAY, IS THERE ANY WAY YOU GUYS CAN, CAN CONTROL AFTER HOURS THEY WOULD SAY, NO, SOMETHING HAS TO HAPPEN, AND THEN WE'LL GO PATROL. BUT NOW THEY'RE THERE EVERY DAY, WHICH I APPRECIATE. I I NEED THEM THERE, BUT JUST, WE'RE BUSIER AND, AND THAT'S THE, THE PROBLEM. I THINK WE'RE JUST GETTING BUSIER AND I THINK IF WE WORK SOMETHING OUT, IT COULD BE A SAFER PLACE, BUT JUST TO COME IN HERE AND SAY SHUT 'EM DOWN. AND WE'RE, WE'RE THE BIGGEST PROBLEM IN WEST COVINA. NO WAY, , I DON'T, IT'S, THAT'S JUST NOT TRUE. AND A LOT OF THESE THINGS THAT ARE COMING, THE RAPES AND EVERYTHING, THAT, AND THAT, I NEVER WAS AWARE OF THAT UNTIL RIGHT NOW. SO I'M JUST PLEADING, THIS IS MY LIVELIHOOD. I'M WILLING TO DO WHATEVER IT TAKES TO MAKE IT SAFER. AND THAT'S WHY I'M HERE. THANK YOU. YEAH. JUST TO ME SAY A FEW WORDS. I MEAN, UH, I UNDERSTAND THERE'S BEEN POLICE, POLICE ACTIVITY THERE AND, UH, I DON'T KNOW TO WHAT EXTENT IN SOME OF IT MIGHT HAVE BEEN THE LIQUOR, LIQUOR STORE, OTHERS MAY BE SOMETHING TOTALLY BEYOND THE CONTROL OF THE OWNER OF MANAGEMENT OF REBEL JAIL. SO I THINK, UH, WHAT MR. ROKU IS URGING THE COMMISSION TO DO IS TO SEE IF WE CAN WORK OUT A PLAN WHERE WORKING TOGETHER WE CAN MAKE IT A SAFER PLACE. BEFORE MR. ROKU OPENED UP, AL THE PREVIOUS BAR HAD TREMENDOUS PROBLEMS. IT WAS, YOU KNOW, A HUMONGOUS PROBLEM. DOESN'T IT PALE? I MEAN, IT DOESN'T COMPARE TO WHAT, WHAT'S BEEN, YOU KNOW, SINCE 2015, UH, TO, TO WHERE WE, WE USED TO BE BEFORE. AND NOT TO JUSTIFY THE POLICE ACTIVITY NOW, BUT I, I THINK, UH, IF WE WORK TOGETHER, WE CAN MAKE IT A SAFER PLACE. I'VE BEEN INVOLVED WITH, WITH, UH, APARTMENT OWNERS, FOR EXAMPLE, IN WILMINGTON AND WATTS WHERE THERE WAS A LOT OF GANG ACTIVITY. AND THE CITY OF, OF LA WE HAD CITY ATTORNEY'S HEARINGS WHERE THEY SAID, YOU HAVE TO DO THIS. YOU HAVE YOU, THEY WERE GONNA PUT A RECEIVERSHIP ON THE BUILDING. WE WERE ABLE TO WORK OUT DEALS WHERE WE PUT IN SAFETY PRECAUTIONS, SAFETY MEASURES TO MAKE 'EM SAFER. AND, AND EVERY IT WORKED. IT WAS A WIN-WIN SITUATION WHERE EVERYBODY, EVERYBODY TURNED UP AHEAD. THE CITY, THE, THE PROPERTY OWNER AND THE TENANTS. UM, HERE WE, I THINK IT'S A SIMILAR SITUATION AND I THINK WE CAN APPROACH IT THAT WAY INSTEAD OF BEING PUNITIVE IN SAYING, WE'RE GONNA SHUT YOU DOWN. WE BEAR IN MIND THERE WAS NO, THERE HAS NEVER BEEN ANY, UM, WARNINGS ABOUT THIS. ANY, ANYTHING THAT SAY, HEY, WHAT'S GOING ON WITH THIS? UM, YEAH, IT'S HIS RESPONSIBILITY TO KEEP UP THE CONDITIONS OF THE PERMIT, BUT SOMETIMES IT'S, YOU KNOW, IT, YOU KNOW, IT'S KIND OF LIKE, UH, DIFFICULT TO KNOW THAT THIS IS SOMETHING THAT'S ALREADY A, A PROBLEM THAT THAT IS IN THE CITY'S RADAR AND WE NEED TO DO SOMETHING ABOUT IT. NOW. WE KNOW. AND, AND I THINK IF WE WORK OUT A, A A A PLAN TO BE ABLE TO RESOLVE THE PROBLEMS, YOU KNOW, BEAR IN MIND THERE'S, THIS IS HIS WHOLE LIFE SAVINGS IS IN THIS PLACE. HE HAS 10 EMPLOYEES WHOSE, WHOSE LIVELIHOOD DEPEND ON THIS PLACE. SO IT'S, IT'S A VERY HARSH MEASURE TO SAY, WE ARE, WE'RE GONNA SHUT YOU DOWN. WE'RE GONNA REVOKE YOUR PERMITS WITHOUT GIVING HIM A CHANCE TO REMEDIATE THE PROBLEMS. OKAY. SO I THINK IF WE MAKE OUT A A IF WE, YOU KNOW, TOGETHER WORK OUT A, A A PLAN, INCLUDING WITH THE POLICE DEPARTMENT, WHICH I THINK THEY'RE, THEY'RE CRUCIAL IN THIS, IN THIS SITUATION. 'CAUSE THEY'RE IN CHARGE OF LAW ENFORCEMENT AND MAINTAINING THE PEACE, AND WE CAN WORK AND THEY HAVE EXPERIENCE OF WHAT THINGS WILL WORK AND WHAT THINGS MAY NOT WORK. AND IF WE, IF WE CAN PUT TOGETHER A, A PLAN AND, YOU KNOW, SAY, OKAY, THIS IS WHAT WE'RE GONNA DO AND THIS IS, YOU KNOW, AND, YOU KNOW, AND HE'LL HAVE TO MAKE, BE RESPONSIBLE FOR STICKING TO THE PLAN, OF COURSE. BUT I THINK, UM, [01:25:01] IF WE LOOK AT IT FROM A HUMANE POINT OF VIEW AND SAYING, THIS IS PART OF WEST COVINA, IT'S, IT'S BEEN A, A PROBLEM. IT'S NOT JUST REBEL YELL. IT'S, YOU KNOW, THERE'S A LOT OF OTHER ISSUES, YOU KNOW, GANG ACTIVITY. IT DID NOT COME BECAUSE OF REBEL YELL THAT'S BEEN AROUND, THEY'RE HANGING IN ONE PLACE OR ANOTHER. SO LET'S FIGURE OUT HOW DO WE DEAL WITH THAT? HOW DO WE MAKE IT A BETTER PLACE? AND, AND, AND WHERE EVERYBODY CAN, CAN, UM, CAN, CAN DO BETTER. SO WITH THAT, I, I LIKE TO, IF, YOU KNOW, MAYBE IF YOU HAVE QUESTIONS FOR ME OR FOR MR. BROCHE, I'D BE DELIGHTED TO, TO HAVE THAT. GREAT, THANK YOU. SURE. DOES ANY MEMBERS OF THE COMMISSION HAVE QUESTIONS FOR THE PERMITEE OR HIS LAWYER? YES. I HAVE A QUESTION FOR THE PERMITEE. COULD YOU COME TO THE MICROPHONE? GOOD EVENING, MR. ROKA QUESTIONS I HAVE FOR YOU. ONE, WHEN YOU RECEIVED THE ADMINISTRATIVE USE PERMIT AND THE CONDITIONAL USE PERMIT, DID YOU ALSO SIGN AN AFFIDAVIT AGREEING TO THE CONDITIONS FOR EACH ONE OF THOSE PERMITS? TO BE HONEST WITH YOU, I'M, I DON'T REMEMBER. THAT'S THE TRUTH. I DON'T REMEMBER. DID YOU UNDERSTAND THE CONDITIONS? I DON'T REMEMBER SIGNING 'EM. I, YEAH, I, I DON'T KNOW. I, I'D LIKE, I MEAN, IF I COULD SEE HIM I'LL READ 'EM AGAIN, BUT I'M SURE IF, IF THAT'S WHAT REQUIRED, I'M SURE I SIGNED IT, YOU KNOW. OKAY. YEAH. DID YOU RECEIVE THE REPORT FOR THIS EVENING'S MEETING? I, I RECEIVED IT TODAY. OKAY. DID YOU HAVE A CHANCE TO READ? I DID. AND I DON'T, I MEAN, MOST OF IT I DID, AND I GAVE IT TO HIM TODAY TOO. IT WAS OKAY. I ORDERED RECORDS FROM THE POLICE DEPARTMENT ABOUT THREE WEEKS AGO, SO I CAN DO SOME HOMEWORK, BUT I DIDN'T RECEIVE THOSE EITHER. SO I PRETTY MUCH CAME IN HERE LIKE THIS . OKAY. YEAH. UM, ACTUALLY IT WAS INCLUDED IN OUR PACKET. OKAY. UM, AS WAS WITH YOURSELF IS ACTUALLY ON PAGE FOUR FOR THE, UM, ADMINISTRATIVE USE PERMIT. AND IT DOES INDICATE THAT THIS IS A STANDARD CONDITION THAT THE CITY GIVES OKAY. TO ANYONE. OKAY. THAT IS REQUIRED TO OBTAIN AN ADMINISTRATIVE USE PERMIT. OKAY. AND IT'S THE SAME LANGUAGE THAT'S ALSO USED FOR THE CONDITIONAL USE PERMIT. AND IT WAS FOUND ON THE SAME, UH, UH, NUMBER. IT WAS NUMBER FOUR, AND IT WAS A SEPARATE RESOLUTION. RIGHT. BUT PRESENTED TOGETHER AT THE SAME TIME. OKAY. SO THIS IS WHY IT'S IMPORTANT FOR US TO UNDERSTAND OKAY. UM, HOW WE ACTUALLY GOT HERE. RIGHT. BECAUSE I THINK THE RESIDENTS, UM, WHO LIVE NEAR THERE AS WELL AS THE CITY WANTS TO UNDERSTAND RIGHT. HOW WE GOT TO THIS POINT. RIGHT. AND I, I, I THINK, LIKE I SAID, A LOT OF IT, UM, BEFORE IT WAS THEY, THEY, THEY GAVE ME A PROBLEM WITH THE MU WITH THE MUSIC OR LOUD LOUDNESS. AND WE NEVER HAD ANY CALLS UNTIL WE HAD THE TENT OUTSIDE. THEN WE STARTED GETTING COMPLAINTS AND CALLS ABOUT BEING LOUD. BUT A LOT OF THE OTHER STUFF WITH GUNSHOTS AND EVERYTHING WASN'T ANYTHING WAS ABLE, IT WAS JUST THE COMMUNITY. AND I KNOW, 'CAUSE I, I, I DIDN'T ALLOW 'EM IN THERE, YOU KNOW, BUT THEY STILL GAVE PROBLEMS. BUT THAT'S NOT ON ME. YOU KNOW, I TRIED, YOU KNOW, NOTHING HAPPENED. SHOOTINGS HAPPENED IN THERE. NO STABBINGS HAPPENED IN MY PLACE. YOU KNOW, I JUST, I TRIED TO MAKE SURE EVERYBODY WAS SAFE AT ALL TIMES. THAT'S, AND THAT'S WHY I'M HERE TODAY TOO. I WANNA MAKE SURE WHATEVER WE CAN DO TO MAKE IT SAFER, LET'S DO IT. YOU KNOW. BUT I WAS NEVER APPROACHED BY ANYBODY TO TRY TO MAKE IT SAFER. AND THE TIMES THAT THE POLICE DEPARTMENT DID COME THERE, IT WAS UNDER DIFFERENT CIRCUMSTANCES. YOU KNOW, YOU CAN'T TRY TO TALK TO SOMEBODY WHEN, WHEN EVERYBODY'S UP IN ARMS, YOU KNOW, IT SHOULD HAVE BEEN WHERE SOMEBODY SAYS, HEY, OR CAN WE TALK TO YOU, THEN LET'S TALK. YOU KNOW, LET'S TRY TO WORK IT OUT. BUT I'M WILLING TO DO THAT, WHATEVER IT TAKES. THANK YOU. UM, HOLD ON ONE SECOND. SORRY. I GUESS YOU HAD MENTIONED THAT, YOU KNOW, YOU TRIED, TRIED, YOU KNOW, TO WORK WITH THE POLICE OR TO WORK WITH THE CITIES, BUT ONE OF THE CONDITIONAL USE, UH, CRITERIA, WHICH IS THE FF IS THE INSTALLATIONS OF THE C C T V. NOW, OBVIOUSLY THE POLICE HAD MENTIONED THAT THEY BEEN ASKING FOR. YEAH. AND, UM, AND ARE YOU AT LEAST AWARE THAT YOU ARE SUPPOSED TO HAVE C C T V FOR THAT CONDITIONAL USE PERMIT? YEAH, I'M AWARE OF THAT. YOU ARE AWARE OF IT? YEAH, I'M AWARE. I MEAN, THE ONLY, I MEAN, IT GOES BACK TO THE INCIDENT. THE FIRST INCIDENT WHERE THE GUN CHARGES, IT WASN'T WEST COVINO, BUT IT WAS THE SHERIFF DEPARTMENT THAT CAME IN. OKAY. NO, NO, NO. I MEAN, WHAT I WANTED THE FACT THAT YOU ARE AWARE OF IT, WHICH IS WONDERFUL. OKAY. I GUESS NOW THAT YOU ARE AWARE OF IT, MAYBE PERHAPS YOU CAN DISPROVE THE POLICE OKAY. BY PROVIDING THEM THOSE OKAY. I VIDEOS YES. ON THE DATES THAT THEY HAD MENTIONED IN ALL THE OTHER VIDEOS THAT THEY HAD ASKED FOR. YEAH. BUT I, I DON'T EVEN HAVE RECORDINGS OF THOSE DATES, SO, WELL THEN YEAH. SOMEHOW, [01:30:02] IDEALLY IT WOULD BE NICE IF YOU CAN WORK WITH THE POLICE YEAH. ASSUMING THAT YOU, YOU KNOW, YOU WANNA WORK WITH THEM. I DO. RIGHT. YEAH. SO MAYBE YOU CAN TALK WITH THEM OKAY. AND WORK WITH THEM TO SEE IF PERHAPS YOU CAN PROVIDE THEM THE INFORMATION THAT THEY HAD ASKED FOR. OKAY. SINCE YOU ARE AWARE OF THE RIGHT. OKAY. REQUIREMENTS. OKAY. I HAVE SOME QUESTIONS. OKAY, GREAT. SO, UM, SO, UH, YOU SAY YOU DIDN'T HAVE, YOU DON'T HAVE FOOTAGE OF THAT DURING THE TIME PERIOD. HOW, HOW, HOW BACK DOES YOUR, WHAT'S, WHAT AMOUNT OF TIME DOES YOUR C C T V COVER? IS IT THREE MONTHS, TWO MONTHS? WHAT, WHAT WAS THE I DON'T, I HAVE NO KNOWLEDGE OF ANY OF THAT. I PROMISE YOU. OKAY. I WOULD EXPLAIN THAT TO YOU. I, I KNEW I HAD CAMERAS AND, YOU KNOW, THE TIME WHEN, THE FIRST TIME THAT THE POLICE DEPARTMENT CAME, BUT AFTER THAT, IT JUST WASN'T, THEY WEREN'T ON, YOU KNOW. SO YOU, YOU DISCONNECTED THEM OUT TO THE SHERIFF'S DEPARTMENT INCIDENT, THE, THE MAP. WHAT HAPPENED AFTER YOU SAID, OH, WITH THE SHERIFF'S? YEAH. THE FIRST INCIDENT IS THEY, THEY JUST RUSHED MY PLACE. AND THE SHERIFF, THE HEAD GUY I GUESS SAID, WE'RE SHUTTING YOU DOWN. THEY SLAPPED THE PHONE OUTTA MY, OUTTA MY HAND, THREW ME ON THE, ON THE THING. AND THAT'S WHEN I BECAME UNCOOPERATIVE. AND THEN HE BEAT ME UP IN MY OFFICE. THAT'S WHY I HAVE A LIMP TO THIS DAY. THE SHERIFF DEPARTMENT BEAT ME UP. SO THAT, AND THAT'S WHAT HAPPENED. THAT'S WHEN I WAS KIND OF, I DIDN'T WANT TO COOPERATE, YOU KNOW MM-HMM. WITH THE POLICE DEPARTMENT OR IT WASN'T THEIR FAULT, BUT IT WAS THE, THE SHERIFF DEPARTMENT THAT DID. AND WAS YOUR C C T V CAMERAS WORKING OR, YEAH. AT THE TIME THEY WERE, YEAH. AND AFTER THAT, NO, THEY WEREN'T. YOU TOOK 'EM OFF. YEAH. OKAY. UM, SO EVERY TIME THE WEST COUNTY POLICE DEPARTMENT HAS ASKED YOU FOR ASSISTANCE IN SOLVING A, I MEAN, IN CERTAIN INSTANCES, A MAJOR CRIME, LIKE A DRIVE-BY SHOOTING OR, OR RAPE, YOU HAVE REFUSED TO CORROBORATE? NO, I TAKE THAT BACK. THERE WAS TIMES WHEN, I GUESS IT WAS STILL ON, THEY CAME IN, I GO, GO AHEAD AND CHECK MY, MY CAMERAS, BUT ON THE OUTSIDE IT ONLY COVERS HALF OF THE PAR UH, COVERED HALF OF THE PARKING LOT. SO WHATEVER THEY WERE REQUESTING WASN'T COVERING IT. IT WAS BETTER COVERED BY, BY THE LIQUOR STORE THAN IT WAS WHERE I WAS. BUT I DID TELL 'EM TO COME IN AND TAKE IT OR TAKE A LOOK AT IT, AND THEY SAID, IT DOESN'T HELP US. SO AT NO TIME YOU REF, DID YOU REFUSE TO PROVIDE? NO, I DID. I DID. UH, ACTUALLY SAY, GO AHEAD AND LOOK AT THE CAMERAS. I DID AFTER THE SHERIFF'S INCIDENT. AFTER THE SHERIFF'S INCIDENT. AND, AND THEN IF YOU WERE NOT, DO, DO YOU USUALLY SHOW UP EVERY DAY? ARE YOU FULL TIME THERE OR OFF AND OFF I WAS FOR THE FIRST FOUR YEARS AND THE LAST COUPLE YEARS, IT'S BEEN KIND OF TOUGH, YOU KNOW, FOR ME PHYSICALLY. SO I, I HAVEN'T BEEN THERE ALL, ALL THE TIME, BUT I'M HERE RIGHT NOW. THERE WAS A COUPLE INCIDENTS, LIKE I SAID, WITH THE CORNER GANG, AND THERE'S ANOTHER GANG THAT WAS HAPPENING, AND THAT'S WHY I CAME DOWN THE HILL. 'CAUSE I KNOW A LOT OF THEM. AND, AND, AND I HAD TO DEAL WITH IT, YOU KNOW, SO I DEALT WITH IT AND, OKAY. AND, UM, IF YOU WERE NOT THERE, AND, AND LET'S JUST SAY IF IT'S, IF THE, IF IT'S A LIEUTENANT OR A DETECTIVE COMING IN, AND I, AND I TALKED TO ONE OF YOUR EMPLOYEES, I'M ASSUMING THEY'RE ASKING FOR A MANAGER. YEAH. DOES YOUR, UH, I'M JUST, UM, TRYING TO UNDERSTAND YOUR PROTOCOLS IN PLACE. IF A MANAGER WAS INFORMED BY THE POLICE DEPARTMENT THAT THEY NEEDED SOMETHING OR FOOTAGE OR COOPERATION, DOES THAT MANAGER KNOW TO CONTACT YOU REGARDING THOSE ISSUES? RIGHT. AND NORMALLY I WAS THERE, AND EVEN WHEN I WAS GONE ALL THE TIME, I'M NORMALLY, NORMALLY THERE. SO, AND IF, IF SOMEBODY'S DOING AN INVESTIGATION, THEY, THEY WOULD CALL ME, YOU KNOW, AND THEY WOULD COME DOWN. AND THERE WAS NO REASON FOR TIMES YOU DIDN'T, IF JUST SAY, TIMES YOU DID NOT COOPERATE OR TIMES YOU, YOU REFUSED TO PROVIDE FOOTAGE AT ANY OF THOSE TIMES, DID YOU FEAR FOR YOUR LIFE OR ANY THREATS OR ANY REASONS UNKNOWN TO THIS COMMISSION OR TO THE POLICE DEPARTMENT? NO. A LOT OF TIMES, LIKE I SAID, THE, THE CAMERAS WEREN'T ON WHERE THEY, WHEN THEY WERE ON, I GUESS I'D GO AHEAD AND TAKE A LOOK, YOU KNOW, SO. RIGHT. SOMETIMES THEY WEREN'T ON YOU. I WOULD THINK IF YOU WEREN'T GONNA BE THERE FOR THE LAST COUPLE YEARS, YOU WOULD MAKE SURE THOSE CAMERAS WERE ON. RIGHT. AND THAT'S WHAT I LIKE TO SEE IS THAT SINCE YOU LIKE TO CORROBORATE WITH THE CITY, THIS IS THE FIRST TIME WE HEARD ABOUT THIS BAR INCIDENT. RIGHT. OKAY. I, THIS IS THE FIRST TIME, SO IT, I MEAN, I'M NOT SURE HOW MANY PEOPLE HERE ABOUT THE BAR INCIDENTS, BUT THIS IS THE FIRST TIME I HEARD ABOUT YOU GUYS. I GUESS MY CURIOSITY STARTS IS WHEN THAT THE POLICE HAD DATES, UH, MAY 24TH, UM, DISTURBING CALLS REGARDING BARTENDER BEATING UP A CUSTOMER. RIGHT. AND WHETHER HE BEATS UP OR NOT, AS AN OWNER OR AS A MANAGER, I LIKE TO SEE IF YOU DO HAVE SOME VIDEOS TO RIGHT. IF, IF, IF YOU DIDN'T HAVE IT FOR THE POLICE, MAYBE SHOW IT TO US. RIGHT. WHETHER THEY'RE NOT BEATING UP OR THEY'RE BEATING UP. RIGHT. I HAD NO IDEA. AND I UNDERSTAND. AND, AND THAT WOULD BE NICE. OKAY. THERE ARE QUITE A FEW INCIDENT FROM 24TH OF 2020 THIRD JANUARY 28TH. SO THEY LISTED A FEW ITEMS HERE. [01:35:01] SO I GUESS MY CURIOSITY START HEARING FROM WHAT THE POLICE TALKED ABOUT EARLIER AND LISTENING TO YOU RIGHT NOW, IS THAT YOU ARE WILLING TO COOPERATE. AND I LIKE TO, I LIKE TO SEE THAT. RIGHT. AND IF YOU CAN HELP US PROVIDE ANY OF THESE DATES, JUST THESE DATES. OKAY. AND GIVE IT TO US AND LET US SEE IT. OKAY. NOW, OBVIOUSLY YOU WERE MENTIONING THE OUTSIDE, UM, THE OUTSIDE OF THE RESTAURANTS. RIGHT. HOWEVER, THIS RESTAURANT IS ONLY A THOUSAND SOMETHING SQUARE FOOT. I FORGOT THE EXACT NUMBER. IT'S 22. 2200 SQUARE FEET. SQUARE FEET FROM A THOUSAND TO 22. JOANNE, CAN YOU CONFIRM THAT 1,075 IS LARGER, BIGGER THAN THAT? THE, THE PREVIOUS STAFF REPORT FOR, UH, FOR THE CONDITIONAL USE PERMIT SAID 1,075. IT'S NO BIGGER. I THINK IT'S, SO IF IT'S A LET, JUST, IF THE REPORT SAID IT'S A THOUSAND, THAT'S WHAT WE'RE GOING BY. AND I DON'T HAVE A MEASURING TAPE AT YOUR PLACE. AND I GUESS MY QUESTION IS A THOUSAND SQUARE FOOT. JUST IMAGINE A LITTLE BIT OVER TWO, TWO CAR GARAGE DOOR. THAT'S HOW BIG IT IS. RIGHT? A A TWO CAR GARAGE DOOR WOULD BE A 400 SQUARE FOOT MINIMUM. SO IF YOU ADD A LITTLE BIT OVER TWO CAR GARAGE DOOR AND THAT, YOU SHOULDN'T HAVE TO HAVE THAT MANY VIDEOS IN THERE TO BE ABLE TO SEE THAT WHOLE AREA, I GUESS BACK DOWN TO THE, TO CONFIRM TO SEE IF YOU HAVE IT OR YOU DON'T HAVE IT IN. AND, AND I LIKE TO SEE THAT YOU'RE COMPLYING WITH THE POLICE AND US SO THAT WE KNOW THAT, HEY, LOOK, YOU DO HAVE VIDEOS THAT WE CAN SEE WHAT'S GOING ON. SO I, I WOULD APPRECIATE THAT IF I WOULD DEFINITELY A HUNDRED PERCENT CHECK THAT. BUT I, LIKE I SAID, I, I DON'T THINK THEY'RE WORKING, BUT I'LL CHECK. I PROMISE I'LL CHECK. SO ARE YOU SAYING THAT YOU'RE, YOU ARE NOT AWARE OF THE 50 PLUS CALLS BY THE POLICE? I'M NOT. I MEAN, JUST WHEN THEY PRESENTED TO, TO, TO, TO ME LATELY, THAT'S, THAT'S IT. YEAH. SO ALL THE POLICE THERE EVERY NIGHT ISN'T AN INDICATION THAT YOU HAVE A PROBLEM. THEY WEREN'T, THEY WEREN'T THERE EVERY NIGHT. THAT'S WHAT I'M TELLING YOU. I I'VE BEEN THERE. SO THEY'RE, THEY'RE NOT THERE EVERY NIGHT. THEY'RE NOT. YOU JUST SAID THEY WERE WHERE EARLIER YOU SAID THEY'RE THERE EVERY NIGHT AND YOU'RE HAPPY THAT, OH, LATELY, SINCE I REOPENED, I JUST REOPENED. WE HAVEN'T HAD ANY PROBLEMS SINCE THEY REOPENED. THEY'VE BEEN THERE EVERY DAY SINCE. I JUST GOT MY, UH, A, B, C LICENSE RENEWED. SO THEY'VE BEEN THERE EVERY DAY AND, AND I LIKE THEM THERE, BUT I, I HAVEN'T HAD ANY PROBLEMS. YOU KNOW, WHEN THEY'RE THERE, THERE'S NO PROBLEMS AND, AND THERE'S NO, THERE'S NOBODY IN THE CORNERS ANYMORE. AND IT'S, IT'S, IT'S THE SAFEST PLACE. IT IS. I KEEP EVERYTHING WELL LIT. IF THERE'S ANY TAGGING, I TAKE IT OUT. THE TRASH AREA, THE, THE, IT'S, IT'S A NICEST PLACE. IF YOU GO ANY RESTAURANT OR BAR IN WEST COVINA, THAT'S, THAT'S THE PLACE WHERE I, IN MY OPINION, IS THE SAFEST. IT'S JUST WHERE I'M AT IN THE COMMUNITY. IT'S A TOUGH NEIGHBORHOOD. EVERY GANG MEMBER WANTS TO CLAIM IT. EVERY BIKER GANG WANTS TO CLAIM CLAIMANT, BUT NO ONE HAS, AND NO ONE WILL FROM ALL THE CALLS THAT WERE OCCURRING AND THE DIFFERENT INSTANCES OF CRIME OCCURRING OUTSIDE, DID YOU TAKE ANY STEPS TO REMEDY THE SITUATION AFTER THESE CRIMES WERE OCCURRING ON YOUR, EITHER IN YOUR PREMISES OR RIGHT OUTSIDE YOUR PREMISES, KNOWING THAT THOSE, THOSE WERE PATRONS OF YOUR, YOUR RESTAURANT? A HUNDRED PERCENT. I DID. AND KNOW WHAT HE'S TALKING ABOUT WITH THE SHOOTING OUTSIDE, I TOOK THE TENT OUT THE NEXT DAY THE TENT WAS GONE. OKAY. BUT I HAD NO CONTROL OVER THE GUY STOPPING AND SHOOTING. YOU KNOW, IT WAS JUST THE GUY THAT STOPPED AND SHOOT ON VALINDA, BUT IT WASN'T WORTH ANYBODY GET HURT AT BL. SO I TOOK IT OFF, YOU KNOW, AND I, AND I, LIKE I SAID, WHEN I OPENED THE PLACE, I MADE SURE IT'S WELL LIT. UM, GRAFFITI'S NOT THERE. AND THEN, AND THEN I HAVE TO KICK PEOPLE OUT. I KICK 'EM OUT. WHOEVER'S A PROBLEM, I'LL KICK 'EM OUT. AND JUST SO I UNDERSTAND, THE CAMERA SYSTEM IS UNPLUGGED OR IT'S BROKEN? THAT PART, I'M NOT SURE. I I, IT COULD BE BROKEN. I THINK IT MIGHT BE BROKEN. YEAH. OKAY. WELL, NO, HE SAID HE UNPLUGGED IT EARLIER. OKAY. I'M NOT SURE. IT COULD BE UNPLUGGED, BROKEN. I, I'M NOT SURE. I'LL DOUBLE CHECK , BUT, BUT EARLIER, I'M SORRY. EARLIER WHEN WE WERE TALKING ABOUT THIS, THE COMPLIANCE, WHICH IS THE, FOR THE CONDITIONAL USE PERMIT TO COMPLY WITH THE CONDITIONAL USE PERMIT, YOU, YOU DO KNOW ABOUT THE CT, UH, C C T V. RIGHT. OKAY. ALL RIGHT. THANK YOU. ANY MORE QUESTIONS? I HAVE A FEW QUESTIONS. COMMISSIONER LEWIS, WE, YOU KNOW, WE'LL LOOK INTO THE, INTO THE CAMERAS, MAKE SURE THEY'RE ALL WORKING. OKAY. WHATEVER THE PROBLEM IS, WE'LL FIX THAT. YOU KNOW, SO, YOU KNOW, I THINK SOMETHING THAT NEEDS TO, THAT'S VERY IMPORTANT. WELL, IF PEOPLE ARE BEING LOOKED AT, THEY'LL BE MORE ACCOUNTABLE. AND IF YOU UNPLUG, IT'S BECAUSE YOU'D HAVE THINGS YOU DON'T WANT THEM TO BE SEEN. AND NOT, IN MY CASE, LIKE I SAID, IN THE, IN THE FIRST THING THAT HAPPENED WHEN I OPENED UP, I'M STILL LEARNING ABOUT RUNNING A RESTAURANT. I GOT ATTACKED. OKAY. THAT, THAT'S WHY I WAS KIND OF DEFENSIVE WITH, WITH, WITH THE POLICE. I, I WAS ATTACKED. SO THAT'S WHY I GOT DEFENSIVE. WELL, THAT, I DON'T THINK THAT WAS 'CAUSE OF THE CAMERA. A HUNDRED PERCENT WAS THE CAMERA. THAT'S THE SITUATION. HE WANTED TO SEE THE CAMERA. AND I, I WAS GONNA SHOW IT TO HIM, AND THAT'S WHEN HE SLAPPED THE, THE, THE PHONE OUTTA MY HAND. AND, AND HE BEAT ME UP IN, IN MY OFFICE FOR THAT. BUT IF HE, IF HE DID BEAT YOU UP, YOU WOULD WANT TO SHOW AND PROVE [01:40:01] YOUR VIDEO. THERE'S NO, BUT THERE'S NO CAMERAS IN MY OFFICE. . I, I WISH I HAD CAMERAS IN MY OFFICE, BUT THERE'S NO CAMERAS IN MY OFFICE. NO. IF I'M NOT MISTAKEN, THAT WAS WHEN YOUR, THERE WASN'T ANY OF THAT WHEN SOMEONE RAN INTO A, WITH A GUN AND RIGHT. GOT YOU. GOT THE GUN. RIGHT. SO THAT'S HOW IT STARTED. AND THAT'S, I GUESS MAYBE I WAS A LITTLE DEFENSIVE TOWARDS THAT, BUT I'M WILLING TO DO WHATEVER IT TAKES TO MAKE IT SAFER. AND IT'S, IT'S A PRETTY, IN MY OPINION, IT'S SAFE. IT'S THE SURROUNDING AREA THAT'S A TOUGH NEIGHBORHOOD. WHETHER I'M OPEN OR NOT, IT'S GONNA BE. AND YOU WERE, YOU WERE CONVICTED OF THAT, RIGHT? OR YOU TOOK A I THEY DROPPED IT TO A MISDEMEANOR AND MISDEMEANOR. OKAY. AND I DIDN'T, YEAH. COMMUNITY SERVICE WAS DISMISSED AND EVERYTHING. OKAY, GREAT. OKAY. I HAVE A FEW QUESTIONS, MR. LEWIS. UM, WITH, WITH REGARD TO, UH, SECURITY, DO YOU CURRENTLY EMPLOY ANY SECURITY? I DO. AND HOW MANY SECURITY GUARDS DO YOU NORMALLY ONE SECURITY GUARD ON THURSDAY, FRIDAY AND SATURDAY. OKAY. SO THEY'RE NOT THERE ALL THE TIME. NO. OKAY. AND SO IS YOUR, IS IT YOUR UNDERSTANDING THAT THIS, UH, CONDITIONAL USE PERMIT, OR EXCUSE ME, RESOLUTION NUMBER 15 DASH 5 7 8 3, WHICH REQUIRES SECURITY PERSONNEL OKAY. ONLY REQUIRES SECURITY PERSONNEL ON THURSDAY, FRIDAY, AND SATURDAY? NO, IT WASN'T. OKAY. NO. OKAY. SO CURRENTLY THERE'S ONLY SECURITY PERSONNEL WORKING THREE NIGHTS, RIGHT? PER WEEK, RIGHT? CORRECT. NOT DURING THE DAY, NO. OKAY. AND NORMALLY, WHAT ARE THE, WHAT ARE THE, WHAT ARE THE TYPICAL HOURS THAT THEY WORK FROM NORMALLY EIGHT TO, TO CLOSING. OKAY. SO 2:00 AM YEAH. OR LATER. YEAH. OKAY. ALL RIGHT. AND THEN WITH REGARD TO, UM, AND JUST JUST TO CONFIRM, THOSE ARE ACTUAL EMPLOYEES, THOSE ARE NOT, UH, THOSE ARE NOT, UH, CONTRACTORS? NO. IT'S A SECURITY, SECURITY GUY. IS IT A SECURITY COMPANY THAT YOU CONTRACT THROUGH? I HIRED SECURITY GUY COMPANIES. AND I'M NOT SURE IF THIS IS A GUY THAT'S FROM THEM, YOU KNOW WHAT I MEAN? BECAUSE I DID HIRE SECURITY COMPANIES, BUT THIS IS A NEW GUY, SO I, I GOTTA DOUBLE CHECK IF HE'S ACTUALLY, YOU KNOW, WITH HIM. BUT HE'S, HE'S MY BEST GUY ACTUALLY. YEAH. SO I'M, I'M CONFUSED. SORRY. I JUST WANT TO MAKE SURE I'M, I'M CLEAR ON THIS. SO DOES HE, IS HE YOUR EMPLOYEE? UH, I GUESS HE, I PAY HIM, SO I GUESS HE IS, YEAH. . YEAH. HE'S ON YOUR PAYROLL? UM, YEAH. OKAY. ALRIGHT. SO HE DOESN'T WORK FOR ANOTHER COMPANY? NO, HE DOESN'T. OKAY. ALRIGHT. AND HE WORKS THREE NIGHTS A WEEK. OKAY. YEAH. GOT IT. YEAH. OKAY. AND THEN, UM, SO WITH REGARD TO HIS DUTIES, WHAT, WHAT ARE, WHAT ARE HIS DUTIES WHILE HE'S ON THE CLOCK FOR THE THREE NIGHTS? YEAH. EVERY, TO MAKE SURE THAT, YOU KNOW, WATCHING WHOEVER COMES IN, YOU KNOW. AND THEN IF SOME BAD PEOPLE COME IN, I JUST TELL 'EM, LET ME KNOW. AND WE CLOSE EARLY. SO, SO, SO JUST, JUST TO MAKE SURE, ARE WE JUST TALKING ABOUT THE, THE FRONT DOOR AND THE INTERIOR? RIGHT. OKAY. IT'S PRETTY MUCH SO HE'S NOT PATROLLING THE PARKING LOT? NO, HE DOESN'T FRONT DOOR. OKAY. ALL RIGHT. ARE YOU AWARE OF THE FACT THAT YOUR, YOUR, UH, CON THE CONDITIONS OF YOUR, UM, OF, OF YOUR CONDITIONAL USE PERMIT AND ADMINISTRATIVE USE PERMIT REQUIRE, UH, PATROL OF THE SURROUNDING PARKING LOT AND VICINITY? YEAH, I KNEW I WAS TRYING TO GET HELP FROM THE OWNERSHIP TO GET PATROLLING, BUT IT'S, IT'S, IT'S TOUGH TO KEEP ALL THESE, YOU KNOW, BILLS PAID. SO I UNDERSTAND THAT. SO, OKAY. AND THEN, UM, WITH REGARD TO, UM, WITH REGARD TO, TO LIVE MUSIC, UH, DID, DOES YOUR ESTABLISHMENT ACTUALLY HAVE LIVE MUSIC GOING ON? WE DID BEFORE, BEFORE COVID, THEN AFTER COVID, BUT THEN I GOT SHOT SHUT DOWN FOR TEXAS. SO IT'S KIND OF LIKE DEAD RIGHT NOW. THERE'S, THERE'S NO MORE. SO, SO CURRENTLY YOU DON'T HAVE ANY THAT TO ME, I MEAN, I LOVE LIGHT MUSIC. I, I PLAY MUSIC, SO I LOVE, I WANT THAT STILL THERE, BUT IF THAT NEEDS TO BE REMOVED, IT MAKES IT SAFER. I'M, I'M OKAY WITH REMOVING THAT TOO. OKAY. WHEN WAS THE LAST TIME YOU HAD LIVE MUSIC? UH, WE HAD A DJ SATURDAY. I, IT WAS LAST SATURDAY. RIGHT. AND, AND THAT'S INSIDE? INSIDE. OKAY. ALRIGHT. AND AT THAT TIME, ARE THE, ARE THE, ARE THE DOORS, UH, KEPT? CLOSED. CLOSED. OKAY. AND ARE YOU AWARE OF ANY CALLS? ARE YOU, YOU AWARE OF ANY INSTANCES WHERE THE POLICE HAVE CONTACTED ANYONE THAT WORKS FOR YOU OR YOURSELF REGARDING ANY NOISE DISTURBANCES OVER THE PAST FOUR YEARS? NO. SO NO ONE HAS EVER COME TO YOUR ESTABLISHMENT WITH REGARD TO ANY NOISE COMPLAINTS? NEVER FROM THE, FROM THE WEST COVINA POLICE DEPARTMENT? NO. NO, NEVER. NO, NO. NOT TO ME. YEAH. , HAVE ANY OF THE NEIGHBORS? NO, THEY, I HAVEN'T TALKED TO ANY OF THE NEIGHBORS ABOUT THAT. I MEAN, I READ THE REPORT WITH THE NEIGHBORS, BUT THAT'S THE FIRST TIME I'VE SEEN IT. OKAY. AND THEN, UM, GOING, UH, UH, LET'S SEE, UM, ONE SECOND HERE. AND [01:45:01] THEN AS FAR AS, UM, AS FAR AS YOUR CONTACTS WITH, UH, WITH THE CITY OF WEST COVINA, SO AT SOME POINT IN TIME YOU APPLIED FOR A CONDITIONAL USE PERMIT AND AN ADMINISTRATIVE USE PERMIT WITH THE CITY, CORRECT? RIGHT. OKAY. AND THEN, UM, SO, SO YOU'VE, YOU'VE BEEN IN CONTACT WITH, WITH THE CITY BEFORE, RIGHT? AS FAR AS WHAT, I MEAN, JUST IN GENERAL, YOU, YOU KNOW HOW TO CONTACT THE CITY? YES, OF COURSE. OKAY. YEAH. UM, HAVE YOU EVER MADE THE CITY AWARE OF ANY, UH, CRIMINAL CONCERNS, UH, WITH REGARD TO YOUR ESTABLISHMENT? THE ONLY, LIKE I SAID, THE ONLY CALLS THAT I MADE WAS WHEN THERE WAS, YOU NEVER KNOW WHO'S GONNA WALK IN THERE AND START TRYING TO TAKE OVER, OVER THAT PLACE. IT WAS WHEN THERE WAS A CERTAIN GANG THAT WAS THERE, AND I DID CALL THE POLICE DEPARTMENT AND SAY, IS THERE ANY WAY YOU GUYS COULD COME LATE AT NIGHT AND JUST DRIVE BY OR COME AND, AND THEY WOULD LEAVE, YOU KNOW, BUT NO ONE EVER CAME. SO THAT WAS ONE PART. UNFORTUNATELY, THE LA THE LADY GOT KILLED, SO THEY'RE NOT THERE ANYMORE. BUT I HAD TO DEAL WITH THAT ON THE OUTSIDE. BUT THAT'S, THAT'S SOMETHING THAT THEY CAME AFTER TOO, WHICH REEL WAS CLOSED. AND A LOT OF THAT GUNSHOT THAT THEY'RE TALKING ABOUT, IT CAME AFTER TOO. 'CAUSE I REMEMBER, YOU KNOW, IT WAS ALL REEL WAS ALREADY CLOSED, SO THEY WERE JUST HANGING OUT THERE, JUST HANGING OUT THERE, YOU KNOW. OKAY. SO WHEN, AND, AND WHEN WAS THAT? THAT WAS NOT TOO LONG AGO. OKAY. SO WHAT, WITHIN THE LAST YEAR, THEY WERE HANGING OUT? YEAH. OVER THE PAST YEAR? YEAH. WHAT, DURING, DURING, WHAT, WHAT TIME OVER THE PAST YEAR WAS RUBBLE, YELL CLOSED? UM, WE JUST OPENED UP THREE WEEKS AGO. OKAY. SO YOU'VE, JUST, JUST SO I UNDERSTAND, SO YOU'VE ONLY BEEN OPEN THREE WEEKS, THIS IN THE ENTIRETY OF 2023? NO, NO, NO, NO, NO. I WAS SHUT DOWN FOR LIKE A MONTH AND A HALF, AND I JUST REOPENED LIKE THREE WEEKS AGO, SO. OKAY. IT WAS OPENED UP BEFORE THAT TOO. OKAY. SO YOU WERE OPEN FOR ALL OF JANUARY? YEAH, I'M PRETTY SURE IT WAS ALL OF JANUARY. MIGHT NOT, IT MIGHT'VE BEEN PART OF JANUARY. OKAY. YEAH. HOW ABOUT FEBRUARY? FEBRUARY, FEBRUARY, MARCH? YEAH, I'M PRETTY SURE IT WAS JAN. I'M TRYING TO REMEMBER WHEN I GOT CLOSED DOWN. JANUARY, FEBRUARY, MARCH, APRIL. YEAH, I WAS OPENED UP ALL THAT TIME. YEAH. OKAY. SO IT WAS JUST WHAT, JULY OR SO? YEAH. YEAH. OKAY. ALL RIGHT. I'LL JUST, IN JULY. YEAH. RIGHT. OKAY. UM, AND THEN, UM, LET'S SEE. AS, AS FAR AS, UM, AS FAR AS YOUR CALLS TO LAW ENFORCEMENT, DO YOU, YOU SAID YOU'VE ONLY MADE ONE CALL? I JUST, NO, I MADE A FEW CALLS, YOU KNOW, JUST, JUST TO SAY IF, IF THERE'S ANY WAY, 'CAUSE I KNOW WHEN THERE'S BAD PEOPLE OUT THERE AND I SAY, IS THERE ANY WAY YOU CAN JUST COME BY OR DRIVE BY? BUT MY RESPONSE WAS, UM, WE CAN'T DO ANYTHING UNLESS SOMETHING HAPPENS. AND THEN I SAID, ALL RIGHT. SO THAT'S WHEN I HAVE TO DEAL WITH THAT, YOU KNOW. SO HOW MANY TIMES, JUST BECAUSE I'M SURE YOU'VE SEEN IN THE, UH, IN, IN THE PACKET THAT THEY'VE PRESENTED, THERE'S QUITE A QUITE A NUMBER. I'VE, I'VE, I LOOKED AT CALLS, RIGHT? YOU'VE SEEN THAT. RIGHT. THAT WAS THE SAME KIND OF LIST I HAD BEFORE I OPENED WHEN REBEL WASN'T EVEN OPEN. IT WAS JUST AS BIG. YEAH. UN UNDER UNDERSTOOD. OUT OF IT. I WOULD SAY 50 50 IS LIQUOR STORE, MAYBE 50 IS MINE, BUT I, I DON'T, DEFINITELY NOT 80. YEAH. UN UNDERSTOOD. UM, JUST WANT TO UNDERSTAND, SO ARE, ARE, ARE A NUMBER OF THESE, UH, AND I, I DON'T KNOW HOW MANY CALLS THERE ARE INITIATED HERE, BUT, UM, APPROXIMATELY HOW MANY DO YOU THINK OF, OF THIS LIST WERE INITIATED BY YOU? I WANNA SAY 30% OF THOSE. 30% OF THOSE. OKAY. ALRIGHT. AND, AND DO YOU HAVE A SPECIFIC RECOLLECTION WITH REGARD TO WHAT THE CALLS FOR SERVICE WERE? NORMALLY IT'S LIKE, IT'S, IF THERE'S A BAR FIGHT OR SOMETHING LIKE THAT, THOSE ARE THE CALLS, YOU KNOW. SO, UH, YOU KNOW, SOME OF THOSE WERE CORRECT AND SOME OF 'EM WERE NOT. CORRECT. BUT, YOU KNOW, SOMETIMES THERE'S, THERE'S BAR FIGHTS IN THERE. MM-HMM. AND WE TRY TO BREAK 'EM UP, YOU KNOW. OKAY. SO, SO, SO YOU OR SOMEBODY WHO, WHO HAVE WOR HAS WORKED FOR YOU HAS CALLED, UH, YES. CALLED LAW ENFORCEMENT REGARDING BAR FIGHTS IN YOUR ESTABLISHMENT? YEAH. OKAY. ALRIGHT. AND HAVE YOU, JUST CURIOUS WITH REGARD TO THOSE WHO, WHO YOU OR STAFF HAS SEEN INVOLVED IN THOSE, WERE THEY, WERE THEY TRESPASSED FROM YOUR PROPERTY? SOME OF THEM, I MEAN, SOME OF 'EM WERE IN THE, IN THE BAR. I MEAN, WE HAD A BAR FIGHT, THEY WERE IN THE BAR, YOU KNOW WHAT I MEAN? SO YEAH, THERE WAS SOME IN THERE, BUT A LOT OF 'EM WERE OUTSIDE BEYOND MY CONTROL, YOU KNOW. AND NORMALLY, LIKE I SAID, IF WE CLOSE AT TWO, I GET EVERYBODY OUT AND SOMETIMES WELL, LET'S, LET'S FOCUS SPECIFICALLY ON WHAT'S GOING ON INSIDE THE BAR. OKAY. SO WITH REGARD TO THOSE WHO HAVE BEEN INVOLVED IN BAR FIGHTS IN YOUR BAR, HAVE YOU TRESPASSED THEM? HAVE YOU ASKED THE, HAVE YOU ASKED LAW ENFORCEMENT TO TRESPASS THEM FROM YOUR PROPERTY? YES. OKAY. YEAH. IN EVERY INSTANCE? NO, NOT IN EVERY INSTANCE. I WOULD SAY IN THE LAST COUPLE YEARS, LIKE THERE'RE PROBABLY, MAYBE I COULD GIVE YOU FIVE OR [01:50:01] SIX FIGHTS THAT HAVE BEEN IN THERE. FIVE OR SIX. THAT'S IT, YOU KNOW, INSIDE THE BAR. OKAY. YEAH. OKAY. THANK YOU. OKAY, I HAVE A QUESTION. THE BARTENDER GOT IN THE FIGHT WITH A, I GUESS A PATRON OR CUSTOMER. DOES HE STILL WORK FOR YOU? IT'S, UH, HER, YEAH, SHE DOES. OKAY. UM, AND AFTER THESE BAR FIGHTS, DID YOU EVER THOUGHT ABOUT YOU AFTER THESE BAR FIGHTS? YOU NEVER HIRED MORE SECURITY AFTERWARDS, RIGHT? YOU KEPT THE SAME AMOUNT OF SECURITY AT ALL TIMES? WE REALLY DIDN'T HAVE, LIKE I SAID, IT WAS, IT WAS, IT WAS STUFFED. WE INSIDE, WE'VE NEVER HAD REALLY MUCH OF A PROBLEM. 'CAUSE WE ALL WORKED TOGETHER AND TRIED TO MAKE EVERYBODY SAFE. SO THAT'S A NO. RIGHT. YEAH. OKAY. , THANK YOU. THAT'S ANY MORE, UH, QUESTIONS? YES. SO ARE YOUR BARTENDERS, I MEAN OBVIOUSLY YOU'RE A SMALL BAR, YOU KNOW, I DON'T WANNA CALL IT HOLE IN THE, I'VE NEVER BEEN THERE. IT IS A HOLE. BARS ARE THE, THE TYPE TO GO TO. BUT ARE THEY TRAINED TO NOT TO OVER SERVE YOUR PATRONS? YES. I MEAN, WE'VE NEVER HAD ANY INCIDENTS. DO YOU? ARE ARE YOU, DO YOU HAVE, ARE, IS IT SO MUCH, YOU KNOW, YOU KNOW, SO BUSY SOME NIGHTS THAT THEY CANNOT SEE HOW MANY, THAT'S EXTREMELY IMPORTANT. YEAH. EXTREMELY IMPORTANT TO ME IS THAT I TELL 'EM IF SOMEONE'S, YOU KNOW, UNDER THE INFLUENCE, WE STOP AND, AND WE HAVE COUNTS OF SERVING AND THEN WE OFFER EVERYBODY UBERS AND, AND, AND LIFTS. SO I TRY TO MAKE SURE EVERYBODY'S SAFE AND, AND NOT OVER EVER REPORTING. WE, IN SIX YEARS WE'VE BEEN OPEN, WE'VE NEVER BEEN CITED FOR ANY OF THAT. SO, AND I'M SURE WE, THEY'VE BEEN IN THERE LOOKING, YOU KNOW, BUT NOT, WE HAVEN'T BEEN. SO I TRY TO BE ON TOP OF IT. AGAIN, IT'S HARD. NO CAMERAS, SO YOU REALLY CAN'T SAY, I KNOW HOW MANY HAVE BEEN OVER SERVED OR NOT. AND IT USUALLY DOES HAPPEN IN THE LITTLE BARS. 'CAUSE LIKE A LITTLE HOME AWAY FROM HOME, HOME, NOBODY'S WATCHING. THE WIFE IS NOT THERE OR THE BOYFRIEND OR WHATEVER. YEAH. BUT, YOU KNOW, IT HAPPENS A LOT. YEAH. AND IT SOUNDS, YOU KNOW, MAYBE AGAIN, YEAH, I DON'T KNOW. I'M NOT THERE, BUT YOU KNOW, IT SOUNDS IF THAT COULD BE A PROBLEM. OKAY. ANY MORE QUESTIONS? WELL, I'D JUST LIKE TO GO OVER SOME OF THE ADMINISTRATIVE USE PERMIT THAT THEY LISTED IN HERE. YEAH. THIS IS LIKE A 2015. SO WHAT WE WERE THINKING ABOUT EIGHT YEARS AGO WHEN YOU APPLIED FOR THE PERMIT AND IT WAS PERMITTED, AND I'D LIKE TO READ, UM, BASICALLY IF YOU LOOK AT PAGE FOUR, ITEM NUMBER FOUR, IT STATED THE MINISTRY OF USE PERMIT SHALL NOT BE EFFECTIVE FOR ANY PURPOSE UNTIL THE OWNER OF THE PROPERTY INVOLVED HAS FILED AT THE OFFICE OF THE COMMUNITY DEVELOPMENT DIRECTOR, HIS AFFIDAVIT STATING HE IS AWARE OF AND ACCEPT ALL CONDITIONS. AND THEN, YOU KNOW, GO ON. AND THEN BASICALLY THE CONDITIONS IS, UM, ONE OF THE CONDITIONS IS THAT A COPY OF THIS RESOLUTION SHALL BE KEPT AT THE FRONT COUNTER AT ALL TIMES. THAT'S, THAT'S, IF YOU LOOK AT THE NEXT PAGE, WHICH IS PAGE FIVE, THAT'S ITEM NUMBER G. MM-HMM. , IF YOU LOOK AT NUMBER D, THEY SAY THE APPROVED SHALL BE, UH, SHALL YOU SHALL USE WAIT, THE APPROVED USE SHALL NOT CREATE A PUBLIC NUISANCE. RIGHT. AND THEN IT WENT ON TO F THE BUSINESS OWNER AND MANAGER OF THE ESTABLISHMENT SHALL BE STRICTLY ACCOUNTABLE FOR COMPLIANCE WITH ALL THE CONDITIONS. SO THIS IS BACK IN 2015, I UNDERSTAND EIGHT YEARS OR, OR YOU MENTIONED SIX YEARS AGO, BUT IT'S ACTUALLY 2016 THAT YOU NEED TO COMPLY WITH ALL THESE CONDITIONS. I UNDERSTAND. THE OTHER ONE WAS THAT ITEM NUMBER K ON THE SAME PAGE, THE ADMINISTRATIVE USE PERMIT MAY BE REVOKED, AMENDED, AND SUSPENDED BY THE COMMUNITY DEVELOPMENT DIRECTOR UNDER, UH, CITY CODE. SO THAT'S, IT'S ALL LISTED IN THERE. AND, UM, THERE'S THREE MORE ITEMS I LIKE TO GO OVER, WHICH IS IF YOU GO TO THE NEXT PAGE, PAGE SIX, THAT WOULD BE Q THAT WOULD BE R SECURITY PERSONNEL WILL PATROL THE SURROUNDING PARKING LOT AND VICINITY TO ENSURE PATRONS ARE NEITHER LOING OR CAUSING UNDO DISTURBANCE. THAT'S R NOW WE GO ON TO T BASICALLY R TRASH WILL BE DISPOSED OF IN, IN OUTDOOR TRASH BINS IN DUMPSTER PRIOR TO 11:00 PM THAT'S NOT AS IMPORTANT, BUT IT IS IMPORTANT. YEAH, I KNOW. OKAY. THEN THEY WENT ON TO W REVIEW BY THE PLANNING COMMISSION OF THE OPERATION PERMITTED BY ADMINISTERED USE PERMIT IS REQUIRED AFTER ONE YEAR. SO JUST BECAUSE YOU GOT THE ADMINISTERED USE PERMIT, THIS DOESN'T MEAN THAT IT LASTS FOREVER. OKAY. YOU HAVE TO COMPLY WITH ALL THESE CODE THAT YOU'RE SUPPOSED TO PUT A COPY AT THE COUNT AT THE FRONT DESK. OKAY. NOW, ONE OF THE VERY THING THAT THE OWN, BECAUSE WHENEVER YOU GET A SPECIAL USE PERMIT, SUCH AS A CONDITIONAL USE PERMIT OR UH, UM, A U P, WHICH IS ADMINISTRATIVE USE PERMIT, IT GET DISTRIBUTED TO ALL THE DEPARTMENT, WHETHER IT'S THE FIRE, THE PUBLIC WORKS OR THE POLICE. NOW, THE POLICE DEPARTMENT REQUIREMENTS FOR THIS CONDITIONAL USE PERMIT WAS THAT THE APPLICANT SHALL INSTALL A C C T V MONITORING SYSTEM, WHICH, WHICH [01:55:01] IS SUBJECT TO INSPECTION PRIOR TO OPENING. MM-HMM. , THE REQUIREMENT ARE AS FOLLOWS. SO IT LISTS, I DON'T KNOW, PROBABLY 10 ITEMS, THE PARTICULAR TYPE OF, UM, CAMERA. AND ALSO IT WENT ON RECORDINGS PRESERVED FOR A MINIMUM OF 30 DAYS. OKAY. AND THEN YOU WENT DOWN D V D MUST CONTAINER U S B PORT, SO FOR THE POLICE DEPARTMENT. OKAY. SO ALL THESE ITEMS, IT'S NOT JUST FROM THE COMMUNITY DEVELOPMENT, BUT IT'S ALSO FROM OTHER DEPARTMENT AS WELL. OKAY. AND THIS ONE ITEM THAT THE POLICE HAD ASKED FOR, RIGHT. FOR YOU TO COMPLY WITH THE POLICE DEPARTMENT. MM-HMM. IT, IT, IT, IT SEEMS LIKE YOU HAVE, YOU SAID YOU HAVE, SO I LIKE TO SEE IF YOU DID HAVE IT. I LIKE TO SEE ALL THE ITEMS THAT THE POLICE HAD ASKED FOR MM-HMM. TO SEE IF WE CAN SEE THOSE VIDEOS AS WELL. OKAY. SO THE, THESE ARE SOME OF THE ITEMS AND I WISH YOU, UM, YOU KNOW, IT DID STATE ALL THAT IN HERE. I'M JUST READING OUT LOUD SO THAT WE NOT ONLY THE PLANNING COMMISSIONS AND ALSO YOU AND ALSO THE POLICE ALSO KNOW WHAT THEIR REQUIREMENTS ARE AND, AND WHAT, WHAT, WHAT WE'RE LOOKING FOR. THANK YOU. GREAT. ANY MORE QUESTIONS? OKAY. UM, THANK YOU. YOU CAN GO AHEAD AND SIT DOWN. WHICH, WHICH, UH, WHAT'S THE PROCESS FROM HERE? I, I'M NOT FAMILIAR WITH THE PROCESS. UH, SO NOW WE'RE GONNA OPEN PUBLIC HEARING, SO IF YOU WANT TO STAND BY AND THEN WE'RE GONNA CALL HIM BACK UP TO GIVE A FINAL STATEMENT. OKAY? OKAY. THANK YOU. YEAH. SO WE'LL CONTINUE ON PUBLIC HEARING AND HEAR TESTIMONY FROM THOSE IN FAVOR OF REVOKE OR MODIFICATION. IS ANYONE HERE AGAINST, OKAY, NOW WE'RE HERE. TEST, UH, NOW WE'RE HERE. TESTIMONY FROM THOSE. THE WHAT? OH, YOU'RE, YOU'RE AGAINST THE REV OR FOR THE REV? YEAH. SHE'S IN FAVOR OF THE VOCATION. OKAY. WHAT'S HER NAME? YEAH, SO SHE'S A OPPOSED HER IN FAVOR? YEAH. YEAH. WHAT'S HER NAME? HUH? YOUR NAME? ANNA. OKAY, PERFECT. OKAY. THERE WAS JUST SOME CONFUSION THERE, BUT I WILL CLARIFY. SO WE'LL NOW CALL, UH, THOSE, UM, HERE TESTIMONY AND THOSE IN FAVOR OF REVOKING, UH, THE LICENSE. AND WE'RE NOW CALLING ANNA MURROW. I, I JUST MADE SOME QUICK NOTES. UM, I'M GONNA PULL IT DOWN. YEAH, SORRY. JUST MADE SOME QUICK NOTES ON OUR EXPERIENCING AND IT'S, UM, AS A FAMILY. SO I'VE BEEN IN LIVING IN THAT RESIDENT, UM, FOR 52 YEARS. AND MY BACK WALL IS RIGHT ACROSS THE STREET FROM THE BAR. AND I'VE NOTICED THAT SINCE THEY'VE PUT OUT THE TENTS, UM, FOR THE PAST FEW YEARS, IT'S BEEN VERY, UM, SCARY. WE'VE HEARD NU NUMEROUS GUNSHOTS, THE LOUD MUSIC, THE LOUD VOICES, UM, YOU CAN HEAR EVERYTHING EVEN WITH YOUR WINDOWS CLOSED. SO IT IS, I BELIEVE, A NUISANCE TO OUR NEIGHBORHOOD. AND A LOT OF OWN, UM, NEIGHBORS FEEL THE SAME WAY. THEY JUST MAYBE DON'T CALL THE POLICE OR THEY DON'T STATE ANYTHING, BUT IT DOESN'T FEEL SAFE. AND THE OWNER, UM, HE SAYS OKAY, HE CAN'T CONTROL THAT. BUT WE AS NEIGHBORS BELIEVE THAT EVER SINCE THEY HAD THE TENTS OUTSIDE, UM, IT'S BEEN ATTRACTING A VERY, VERY SHADY ENVIRONMENT, WHICH IS ALL THE GANGS AND THINGS LIKE THAT. THEY'VE ALWAYS BEEN THERE. BUT I'VE BEEN LIVING THERE. MY DAUGHTER USED TO WORK AT STATER BROTHERS AND WE DON'T RECALL LIKE ALL OF THAT TYPE OF ENVIRONMENT PRIOR TO THOSE TENTS BEING OUTSIDE. SO I JUST WANTED TO VOICE MY OPINION AS FAR AS LIKE KEEPING, ALLOWING THAT TO BE OUT THERE. UM, I DON'T THINK IT'S FAIR TO US AS NEIGHBORS, IT, IT JUST, ESPECIALLY THE PEOPLE THAT LIVE RIGHT BEHIND THE BAR. THINK ABOUT IT. IF YOU LIVE THERE AND YOU HAD TO GO TO WORK EVERY SINGLE DAY, RIGHT? WHETHER IT'S FRIDAY, SATURDAY, SUNDAY, MY DAUGHTER'S AN E M T, THERE'S TIMES WHERE SHE CAN'T EVEN SLEEP 'CAUSE OF THE NOISE THAT WE HAVE DOUBLE PANE WINDOWS AND WE CAN STILL HEAR THAT ENVIRONMENT THAT WAS OUTSIDE. SO YES, IT'S NOT OUT THERE ANYMORE, BUT WHEN, IF YOU ALLOW THAT TO COME BACK, [02:00:01] I DON'T THINK THE NEIGHBORS, UM, ARE GONNA BE HAPPY AND THEY'RE, IT'S JUST NOT FAIR THAT THAT'S THERE TO BE ALLOWED TO HAVE ALL THAT THERE. MAYBE IF IT'S ON IN THE INSIDE, AS IT USED TO BE YEARS AGO, BUT NOT IN THE PARKING LOT BECAUSE ALL THIS DISTURBANCE AND NUISANCE, IT'S OUT IN THE PARKING LOT. AND WHEN WE DRIVE BY WHETHER I WANNA GO TO STATER BROTHERS, I DON'T WANNA ENTER IN, IN THAT ENTRANCE. IT'S VERY SCARY BECAUSE OF THE TYPE OF ENVIRONMENT THAT IT'S ATTRACTING, ATTRACTING. AND PRIOR TO THOSE TENTS BEING OUT THERE, I DON'T THINK IT WAS THAT BAD. MAYBE NOT EVEN WITH THE LIQUOR STORE THERE, I DON'T RECALL ANY OF THAT. NEITHER DOES MY FAMILY. SO I JUST CAME TO STATE THAT, I DON'T KNOW IF IT'S VALID OR NOT, BUT I AM A NEIGHBOR, SO A RESIDENT ACTUALLY THERE. UM, I THINK THAT'S PRETTY MUCH IT. JUST WANTED TO VOICE, UM, MY OPINION RATHER THAN AN E IN AN EMAIL. I DUNNO IF THERE'S ANY QUESTIONS FOR ME OR THE LAST ONE. NO, THERE'S NO QUESTIONS. I, I MEAN, CAN WE ASK THE SPEAKER QUESTIONS? OKAY, GO AHEAD. IN THE LAST THREE WEEKS SINCE THEY'VE BEEN OPEN, HAVE YOU HAD ANY ISSUES? UM, NO. LIKE I SAID, IT WAS JUST WHEN THE TENTS WERE OUT, SO THAT'S WHAT MY CONCERN IS THAT THAT IS GOING TO BE ALLOWED AGAIN, BECAUSE AGAIN, WE NEVER REALLY, AS A FAMILY OR NEIGHBORS USED TO COMMENT AND NOW IT'S LIKE WHEN IT WAS OUT THERE, IT WAS VERY DISTURBING. SO THAT'S WHAT WE'RE CONCERNED ABOUT. IS THAT GOING TO BE ALLOWED AGAIN, YOU KNOW, THE TENSE, THE MUSIC, THE LOUD, I MEAN, DURING THE WEEK, WHO WANTS TO HEAR THAT? , WE WORK, WE, MOST OF US, 99%, WE GET UP FOUR O'CLOCK, FIVE O'CLOCK IN THE MORNING, YOU KNOW, I'M A SECRETARY. I'M HERE BECAUSE I'M TRYING TO VOICE MY OPINION, YOU KNOW, MY OPINION. AND, AND IT'S JUST, AND MY DAUGHTER TOO. I MEAN, THE DOG EVEN GOT ANXIETY WHEN YOU'RE HEARING ALL THE NOISE IN THE BACKYARD OR THE GUNSHOTS. AND I DON'T REMEMBER ALL THE YEARS LIVING THERE THAT IT WAS, IT'S BEEN THAT BAD LIKE THAT THAT IT HAS BEEN IN THE PAST TWO YEARS PRIOR TO THE THREE WEEKS OF WHAT YOU'RE SAYING, YOU KNOW. SO HOW LONG HAVE THEY BEEN REMOVED? UM, OR SHOULD WE BE ASKING SOMEBODY ELSE? HOW LONG? I MEAN, THE QUESTION I HAVE BACK TO THAT QUESTION IS YOU SAY YOU HEARD GUNSHOTS. SO IN THE PAST WE'VE, WE'VE HEARD GUNSHOTS REPORTS, YOU KNOW, LIKE, I'M SURE NOT TO ELABORATE SO MUCH, BUT I KNOW THAT THE COPS HAVE BEEN CALLED, WE SEE COPS THERE, YOU KNOW, IF WE'RE GOING INTO THE STATER BROTHERS CLOSES AT 11. SO FOR EXAMPLE, GUNSHOTS, I I OR MAYBE THEY'RE FIREWORKS, BUT THEY HEARD, THEY SOUND LIKE GUNSHOTS. YEAH, WELL ACCORDING TO THE REPORTS THERE WERE GUNSHOTS. SO, UM, IF THERE WERE GUNSHOTS, AND I MEAN, ACCORDING TO THE POLICE REPORTS, THERE WERE GUNSHOTS. UM, HOW DO YOU FEEL AS A RESIDENT? I THINK REGARDLESS IF A TENT WAS OUT THERE OR NOT, THOSE WERE GUNSHOTS AND THOSE WERE BULLETS. UM, HOW DO YOU FEEL AS A RESIDENT? UH, THAT'S, I THINK IT VERY SCARY. YES. BUT WHAT I'M SAYING IS WE WOULD, WE'VE HEARD IT MORE IN THE PAST TWO YEARS SINCE THE TENTS WERE OUT. MM-HMM. , THAT'S WHEN WE STARTED NOTICING THE ACTIVITY, THE CROWDS. AND IT WASN'T JUST COMING FROM THE LIQUOR STORE. WE'VE BEEN LIVING THERE ALL OF OUR LIFE. IT'S SINCE ALL THAT WAS OUT THERE, JUST, IT WAS JUST ATTRACTING LIKE, YOU KNOW, A BAD CROWD AND, AND THE LOCATION OF IT. MAYBE IF IT WAS, I DON'T KNOW NEAR WHERE OTHER BARS ARE OR BIG BARS, BUT YOU'RE RIGHT NEXT DOOR TO SOMEBODY'S HOUSE. SO IF YOU THINK ABOUT IT, I'M TALKING TOO CLOSE. IF YOU THINK ABOUT IT, LIKE IF THAT WERE YOUR HOME, WOULD YOU WANT TO LIVE NEXT TO A BAR THAT HAS ALL OF THAT CHAOS NOISE AND IT'S OPEN SEVEN DAYS A WEEK? YOU KNOW, THAT'S, THAT BOTHERS THE NEIGHBORS. IT IS NOT A PEACEFUL NEIGHBORHOOD TO BE HEARING ALL THAT. SO IT'S NOT TO CLOSE DOWN THE BAR, BUT CAN IT BE LIKE, MAYBE HOW IT WAS BEFORE? I DON'T KNOW IF HE WAS THE OWNER, DIFFERENT OWNERS. I DON'T KNOW. I DON'T GO TO BARS. I DON'T GO TO THAT BAR. BUT, UM, JUST SOMETHING WHERE IT'S WHATEVER'S GOING ON IS INSIDE. THAT'S REALLY WHAT I'M TRYING TO VOICE. LIKE NOT HAVE WHERE IT'S ATTRACTING ANYBODY THAT WALKS BY. GREAT. THANK YOU. ANY MORE QUESTIONS? NO, THAT'S IT. THANK YOU. THANK YOU. AND THEN, UM, JUST, JUST FOR CLARIFICATION, [02:05:01] 'CAUSE I KNOW IT WAS A LITTLE CONFUSING FOR THE PINK CARDS TODAY. UH, THE NEXT SPEAKER WE HAVE IS MARIO SRO. ARE YOU FOR THE REVOKE OR AGAINST THE REVOKE? OKAY. A LOT OF STUFF TO COVER HERE. . UM, I STATE MY NAME AND DISTRICT OR GO AHEAD. OKAY. IF YOU WANT. UH, MARI BOVAR DISTRICT THREE. UM, START THIS PLACE IS JUST BAD GEOGRAPHY. UM, JUST GONNA SAY, I'VE BEEN A RESIDENT IN WEST COVINA A LONG TIME. I RECALL IT BEING MAGIC MUSHROOM. I RECALL IT BEING AROUND THE CORNER. UH, RECALL MURDERS BACK IN 91 THAT WERE AS MAGIC MUSHROOM. I REMEMBER STABBINGS AND SHOOTINGS AROUND THE CORNER. EVEN BOMB GO ACTIVITY AS FAR BACK AS 2008. IT'S JUST BEEN A HOTBED FOR STREET GANGS. BIKER GANGS AND DRUG DEALERS. IT'S, UM, IT'S KNOWN AS THAT. AND THE BAD GEOGRAPHY LIES IN THAT. IT LIES, UM, IN A, I GUESS, GANG ACTIVE AREA AND NOT IN THE MIDDLE OF A CITY. IT'S AT THE EDGE OF THREE CITIES. SO YOU'RE GONNA HAVE TURF ISSUES THERE. UM, UH, LIKE I SAID, A LOT TO, UH, COVER HERE. UM, I HAVE SEEN DROPPED OFF FOOT TRAFFIC THERE. UM, TYPICALLY YOU DON'T HAVE A LOT OF PEOPLE WALKING AROUND THERE. THEY GET DROPPED OFF. THEY GET DROPPED OFF ON DORY. I THINK I WAS LOOKING AT THE, UM, WHAT DO YOU CALL IT, EVENT LOG AND SAW THAT THERE WAS A LOT OF, UH, SUSPICIOUS VEHICLES BEING CALLED OUT ALONG DORY MAKES SENSE TO ME. GET DROPPED OFF THERE, GO DO YOUR BUSINESS, COME BACK. UM, EXTREMELY DANGEROUS BECAUSE OF THE ALLEY THAT IS BEHIND THERE. SO SOMEBODY DOES SOMETHING WRONG, THEY'RE NOT GONNA GO DOWN VALINDA. THAT'S WHERE, YOU KNOW, WEST COVINA IS GONNA COME UP WHERE SHERIFF'S GONNA COME THROUGH ANOTHER AREA, THEY'RE GONNA GO DOWN THAT ALLEY, JUMP INTO SOMEBODY'S BACKYARD MM-HMM. HEAD DOWN DORY TO THE OTHER STREET AND, YOU KNOW, TRY TO GET AWAY. UM, IT'S JUST REALLY BAD GEOGRAPHY. UM, AS A FORMER BARTENDER, UM, BAR BARTENDER FOR SIX YEARS, WE KNOW WHAT'S GOING ON IN THE BAR, YOU KNOW, WE CAN SEE, UM, IT'S OUR RESPONSIBILITY, LIKE SOMEBODY SAID, NOT TO OVERSERVE, UM, YOU KNOW, IT'S OUR DOG. OUR, WE CAN KIND OF CONTROL WHAT'S GOING ON IN THE BAR A LOT OF TIMES. WE KNOW WHO'S GOING IN, WHO'S GOING OUT. WE KNOW WHAT'S HAPPENING. UM, WE CAN TELL IF SOMEBODY'S HAVING A BAD DAY OR SOMEONE'S, YOU KNOW, ESCAPING SOME, YOU KNOW, DOMESTIC VIOLENCE. WE'RE THERE, WE SEE IT. UM, SO WHEN THE OWNER HERE IS TELLING ME THAT HE'S JUST UNAWARE OF ALL THESE THINGS, UM, IF A RAPE OCCURRED IN MY BAR, I WOULD KNOW, EVEN AS A BARTENDER, I WOULD KNOW ABOUT THAT. UM, IT SEEMS TO ME LIKE WILL FOR IGNORANCE OR DIS INCOMPETENCE, IT'S JUST, IT JUST REALLY DOES NOT SEEM RIGHT. UM, WITH REGARDS TO NON-COOPERATION WITH POLICE, I, IN MY OPINION, FEEL THAT THAT'S EITHER USUALLY DUE TO FEAR OR COMPLICITY. THAT'S JUST THE WAY I LOOK AT THAT. UM, UH, AND, UH, WHEN THIS THING WAS AROUND THE CORNER BAR, I HAD A FRIEND THAT WAS A CHEF THERE. YOU KNOW, I, SHE WOULD TELL ME STORIES. UM, I'VE HAD FRIENDS BANDS PLAY THERE. IT ALMOST SEEMED WHEN THEY FIRST STARTED, WHENEVER BUSINESS FIRST STARTED THERE, IT STARTED DOING WELL. AND THEN YEAR OR TWO LATER, THE ELEMENT CAME AROUND AND IT'S BEEN THERE FOR 40 YEARS. I MEAN, JUST LOOK, TYPE IN 2100 SOUTH VALINDA IN GOOGLE, AND YOU'LL SEE THE LIST OF THINGS THAT HAVE COME UP THERE. UM, LET'S SEE. LASTLY, IF I WERE A BARTENDER OR AN EMPLOYEE OF THIS ESTABLISHMENT, AND IT WAS LOOKING, AGAIN, ITS LICENSE REVOKED, I'D BE HERE. MM-HMM. . OKAY, SO THAT'S THE OTHER QUESTION. WHERE ARE THE EMPLOYEES? SO THOSE ARE MY STATEMENTS. THANK YOU. NOW, IS THERE ANYONE ELSE, UH, IN FAVOR OF REVOKE SHARING OR MODIFICATION IN AUDIENCE? WE'LL NOW MOVE ON TO TESTIMONY OF THOSE OPPOSED THE REVOKE SHARE MODIFICATION AND, UH, NO ONE'S HERE. OKAY. NOW, UM, WILL THE PERMITEE LIKE TO MAKE A FINAL SWORN STATEMENT AND REBUTTAL TO THE COMMENTS THAT REMAIN OR HIS REPRESENTATIVE? I JUST LIKE TO POINT, GO AHEAD. A FEW, A FEW THINGS. UH, THE LAST SPEAKER, I THINK HIS NAME IS MARIO. HE MENTIONED THAT IT IS A BAD GEOGRAPHY. AND, AND, AND I AGREE, IT'S, IT IS A BAD GEOGRAPHY AND, AND, UH, IT, YOU KNOW, IT, THE BAR IS NOT, DID NOT CREATE THE GEOGRAPHY. IT WAS, THAT'S THE PLACE WHERE, WHERE IT INHERITED THE GEOGRAPHY. UH, AND, AND IT ACTUALLY, IT MADE A BIG IMPROVEMENT FROM WHAT IT WAS BEFORE. BECAUSE AS I MENTIONED, I, SO I RECALL, YOU KNOW, BEFORE IT WAS A BIKER BAR, AND IT [02:10:01] WAS A LOT OF, A LOT OF CRIME, CRIMINAL ACTIVITY. I MEAN, UH, THERE HAS BEEN SOME HERE, FROM WHAT I HEAR, WE KNOW THAT I HAVEN'T WITNESSED IT, BUT FROM WHAT I HEAR, BUT IT'S BEEN A BIG, IT'S A BIG IMPROVEMENT FROM WHERE IT WAS BEFORE. AND, AND WE AIM TO IMPROVE IT FURTHER WITH EVERYBODY'S COOPERATION. UM, AS, UM, ANNA WHO SPOKE BEFORE SAID SHE'S BEEN LIVING THERE FOR A LONG TIME, I THINK 52 YEARS OR SOMETHING. AND SHE LIVES ACROSS THE STREET. AND SHE MENTIONED THAT SHE DIDN'T HAVE MUCH OF A PROBLEM UNTIL THE TENT WENT OUT. WHEN, WHEN THE TENT, WHEN, WHEN DURING COVID, THEY PUT A TENT OUT IN THE PARKING LOT TO BE ABLE TO OPERATE, YOU KNOW, WITH COVID, UH, UNDER COVID CONDITIONS. AND THAT DID CREATE MORE PROBLEMS BECAUSE THERE WAS MUSIC OUT THERE AND THERE WAS, THE ACTIVITY WAS NOT CONTAINED INSIDE, BUT IT WAS OUTSIDE, AND OBVIOUSLY IT WOULD BE, UH, UH, MORE OF A NUISANCE TO THE NEIGHBORS. SO I AGREE WITH HER, BUT SHE DID MENTION THAT DURING THAT PERIOD IT WAS BAD, BUT SHE WOULD LIKE TO SEE IT GO BACK TO WHERE IT WAS BEFORE THE PERIOD. AND WE WOULD LIKE THAT TO, THE CONTENT IS NO LONGER THERE AND, AND THE OWNER DOES NOT PLAN TO PUT IT BACK IN UP THERE. YOU KNOW, COVID IS OVER, AT LEAST THE RESTRICTIONS THAT WE HAD DURING COVID IS OVER. AND, AND THAT WAS THE ONLY REASON IT WAS THE 10 WENT UP, UH, BECAUSE OF COVID. UH, SO NOW THAT, THAT'S NOT A CONCERN, UH, I THINK WE CAN DEAL, AT LEAST NOT HAVE TO DEAL WITH THAT CONCERN. UH, ERIC, WOULD YOU LIKE TO MAKE ANY STATEMENTS OF ANYTHING ELSE? OKAY. SO WHAT I LIKE TO ASK, IF THE COMMISSION, YOU KNOW, WOULD SO KINDLY, UM, AGREE TO GIVE US A CHANCE OR GIVE THE OWNER A CHANCE TO REMEDIATE THE PROBLEMS. AND YOU MENTIONED SEVERAL THINGS THAT ARE IN THE CONDITIONAL USE PERMIT AND THE AFFIDAVIT AND EVERYTHING ELSE. AND, UM, WE'LL PLAN TO, TO ABIDE BY EVERY, ALL OF THAT. AND IF THERE'S A SPECIFIC PLAN THAT THE POLICE WOULD LIKE TO RECOMMEND, WE WOULD WELCOME THAT ALSO, BECAUSE THEY'RE GOT A LOT OF EXPERTISE IN, IN, IN LAW AND ORDER IN CRIME PREVENTION. SO, UH, WE, THE, THE OWNER IS PLEADING WITH THIS COMMISSION TO ALLOW HIM TO CONTINUE TO OPERATE AND MEDIATE THE PROBLEM. AND, UH, A PROBATIONARY PERIOD WOULD BE WELCOME TO SEE IF THAT WOULD, IF THE, IF THE CONDITIONS THAT ARE IMPLEMENTED, UH, ARE WORKING OR NOT. THANK YOU. AT THIS TIME, WE'LL, NOW CLOSE PUBLIC HEARING. I WILL NOW OPEN COMMISSION DISCUSSION AND DELIBERATION. ASSISTANT CITY ATTORNEY, CAN YOU PLEASE CLARIFY THE STATEMENT AND DIRECTION TO THE COMMISSION? THANK YOU, CHAIR. UM, THE CHAIR, UH, THE COMMISSION HAS SEVERAL OPTIONS IN FRONT OF IT, UH, WHICH INCLUDE REVOCATION OR MODIFICATION OF THE EXISTING C U P AND OR A U P. UH, YOU COULD MAKE A FINDING THAT THE EVIDENCE IS NOT SUFFICIENT. YOU COULD ALSO, UM, MAKE A MOTION FOR A CONTINUANCE IF THERE'S A, A DESIRE TO MONITOR OR, OR TO REVISIT OR REVIEW IN A, A THREE MONTH, SIX MONTH, WHATEVER PERIOD. THE, THE COMMISSIONER WOULD LIKE. IF YOU DO MAKE A MOTION, UH, FOR REVOCATION OR MODIFICATION, THE REQUIRED FINDINGS HAVE BEEN SET FORTH IN YOUR AGENDA PACKET, AND THEY ARE IN THE MUNICIPAL CODE. UM, THE ONES IDENTIFIED BY STAFF WERE, UH, SUBSECTION A FINDING OF AN ADVERSE IMPACT ON THE PUBLIC HEALTH SAFETY OR A PRESENCE OF A NUISANCE, UM, OR SUBSECTION E, WHICH PROVIDED THAT THE CONDITIONS OF APPROVAL, UH, ARE NOT, THEY'RE NOT A COMPLIANCE WITH THEIR CONDITIONS OF APPROVAL. SO I, I WOULD ADVISE THAT IF YOU'RE MAKING A MOTION ALONG THOSE LINES, THAT IT WOULD INCLUDE THE APPROPRIATE FINDING, SUPPORTING YOUR MOTION. ANY QUESTIONS OR, THANK YOU. YEP. ANY, ANY QUESTIONS FOR THE CITY ASSISTANT, CITY ATTORNEY? OH, OKAY. WE'RE NOW OPEN, UH, DELIBERATION AND DISCUSSION BY THE COMMISSION CHAIR. UM, SORRY. YES, GO AHEAD. IF I MAY, PRIOR TO COMMISSIONER DE DELIBERATION, UM, AS THE CITY ATTORNEY, UM, MENTIONED ONE OF THE OPTIONS WAS TO THAT THE PLANNING COMMISSION CAN TAKE IS TO FOR CONTINUANCE FOR MONITORING, UM, ALTHOUGH STAFF IS STILL HAS, HAS NOT CHANGED, UM, THE RECOMMENDATION FOR, FOR REVO REVOCATION. HOWEVER, IF THE COMMISSION WOULD LIKE TO CONSIDER MONITORING, UM, STAFF IS SUGGESTING A, UM, A THREE MONTH MONITORING PERIOD, UM, AT THE PROPERTY OWNER'S EXPENSE, UM, AND TAKING IT BACK TO THE PLANNING COMMISSION, THREE MONTHS, SIX MONTHS, NINE MONTHS, AND SO FORTH. UM, AND TO DIRECT THE APPLICANT [02:15:01] OR THE PERMITTED TO CLOSE, UM, AND NOT OPEN UNTIL STAFF ENSURES THAT THE C C T V SYSTEM IS OPERAT IS IN OPERATION. UM, AND IF THE PLANNING COMMISSION WISHES TO CONSIDER, UM, REVISING, UM, THE CONDITIONS OF APPROVAL STAFF IS AT, WOULD LIKE TO ASK THE PLANNING COMMISSION TO CONSIDER, UM, ADOPTING REVISED CONDITIONS THAT WOULD ALLOW, UM, OR THAT WOULD REQUIRE THE APPLICANT TO HIRE ONE STATE LICENSED SECURITY GUARD, UM, DURING THE DAYTIME AND TWO STATE LICENSED SECURITY GUARD, UM, DURING NIGHT, THE, UM, THE NIGHTTIME AFTER, AFTER SIX UNTIL THE LAST PERS TO, AND TO STAY THERE UNTIL THE LAST PERSON, UM, CUSTOMER OR EMPLOYEE OF THE FACILITY LEAVES. SO, UM, THOSE ARE THE CONDITIONS OF APPROVAL, MO MODIFIED CONDITIONS OF APPROVAL, AND ALSO, UM, SUGGESTED, UM, CON MONITORING CONTINUANCE FOR STAFF IN CASE THE PLANNING COMMISSION IS SOME, UM, IS WILLING TO, UM, TAKE ONE OF THOSE OTHER ACTIONS. AND JUST TO CLARIFY, WHAT IS THE CITY'S, UH, RECOMMENDATION TODAY? AND I'M SORRY, WHAT IS STAFF'S RECOMMENDATION TODAY AND WHAT IS THE RISK WEST FREEDOM POLICE DEPARTMENT'S RECOMMENDATION TODAY? UM, STAFF IS SUPPORTING THE WEST COVINA POLICE DEPARTMENT. UM, OUR RE OUR RECOMMENDATION IS FOR REVOCATION, AND THAT THAT HAS NOT CHANGED. THANK YOU. SO NOW WE'RE OPEN DISCUSSION DELIBERATION, COMMISSIONER LEWIS? UH, SURE. SO, UM, I'LL, I'LL LEAD OFF WITH THIS. OBVIOUSLY, ANYTIME YOU HAVE TO CONSIDER, UM, MAKING DECISIONS THAT IMPACT SOMEONE'S LIVELIHOOD, I CERTAINLY DON'T TAKE THAT LIGHTLY. UM, AND I, I, BUT I, BUT I WILL SAY SOME OF THE ANSWERS THAT WERE GIVEN TO ME TO TONIGHT BY THE PERMITEE MAKE ME EXTREMELY CONCERNED. UM, IT'S, IT'S NOT JUST, IT'S, IT'S, IT'S, FRANKLY, IT APPEARS TO BE EITHER WILLFUL IGNORANCE OR FRANKLY, JUST, I I I I, I DON'T KNOW. I I, I, I CAN'T FIGURE THAT ONE OUT RIGHT NOW. UM, BUT ONE OF THE THINGS THAT, THAT I'LL SAY IS, UM, THE FACT THAT THE, THE FACT THAT THERE ISN'T A PLAN PROVIDED TO US TO FRANKLY HELP US HELP YOU, I, I VIEW THAT AS VERY PROBLEMATIC. IT'S NOT LIKE, IT'S NOT LIKE THE PERMITEE WAS UNAWARE OF THE FACT THAT THIS WAS INITIATED. UM, THIS HAS BEEN IN THE WORKS FOR MONTHS. UM, OBVIOUSLY THIS IS THE FIRST TIME I'VE SEEN IT, BUT, UH, THE, THE, THE FACT THAT THIS IS NOT SOMETHING THAT, PARTICULARLY SOMETHING AS SIMPLE AS C C T V MONTHS AGO THAT COULD HAVE BEEN DEALT WITH. UM, I, I, I, I WILL SAY THOUGH, I AM, UH, I'M, I'M, I'M, I'M INCLINED TO, UM, TO TAKE SOME WAIT AND SEE APPROACH AS TO CERTAIN ASPECTS OF THIS. BUT MY, MY INITIAL INCLINATION IS THAT THE, THE EXTENDED TIME PERIODS FOR THE, UM, FOR, FOR THE, UM, HOURS OF OPERATION NEED TO GO, IT, IT SHOULD BE NO LATER THAN, THAN MIDNIGHT, UH, FRANKLY, AND, AND THE LIVE MUSIC, AMPLIFIED MUSIC SHOULD GO, PERIOD. UM, IT'S THE, THE, THIS NOTION THAT, UM, THIS NOTION THAT NO ONE SEEMS, THAT NO ONE ON THE PERMITEE SIDE SEEMS TO BE AWARE OF THE FACT THAT THE NOISE ISSUE IS EVEN AN ISSUE. IT'S JUST, IT'S NOT CREDIBLE TO ME. SO, YOU KNOW, THESE ARE THINGS THAT SHOULD BE EASY TO DEAL WITH. UM, AND, AND, AND ALSO ON THE SECURITY SIDE, IT'S JUST, YOU KNOW, SAYING THAT SECURITY IS IMPORTANT AND THEN HAVING SOMEONE THERE THREE NIGHTS A WEEK, YOU KNOW, GI GIVEN EVERYTHING THAT'S GOING ON IN THAT AREA, YOU KNOW, IT, IT'S, IT'S DISTURBING. UM, AND OBVIOUSLY, UM, WE DON'T WANNA SEE, FRANKLY, AN ATTRACTIVE NUISANCE, UH, IN THE CITY THAT IS JUST A, AN AN ONGOING PROBLEM, [02:20:01] UM, FOR EVERYONE IN THE IMMEDIATE VICINITY. SO I THINK I, I, I THINK REALISTICALLY, UM, YOU KNOW, SOME OF THE WAIT AND SEE MONITORING, UH, AT, AT THE, AT THE PERMITTEES EXPENSE FOR THREE MONTHS, THE HIRING OF A SECURITY GUARD, UM, OR SECURITY GUARD DURING THE DAY TO, TO, FOR THE EVENINGS UNTIL CLOSE, UM, AND, UH, CUTTING DOWN THE HOURS TO AT THE LATEST MIDNIGHT. UM, AND NO, NO AMPLIFICATION OF, OF ANY KIND OF MUSIC, NO LIVE MUSIC, UM, YOU KNOW, TV'S FINE. UM, SO LONG AS IT'S KEPT AT AN ACCEPTABLE LEVEL SUCH THAT IT'S NOT DISTURBING THE, THE IMMEDIATELY ADJACENT RESIDENCES. AND THEN, UM, AND, AND THEN WITH REGARD TO THIS TENT, THIS TENT'S GOTTA GO. I MEAN, IT'S, IT'S GONE, BUT I, I, I THINK IT CAN'T COME BACK. NO OUTDOOR SEATING, NOTHING LIKE THAT, NO PARKING ALONG THAT, ALONG THAT ALLEY EITHER. UM, I, I, I THINK THIS IS SORT OF THE BARE MINIMUM THAT, THAT I THINK WE CAN SORT OF WAIT AND SEE. BUT I, I, I GOTTA BE HONEST, IT'S, IT'S, THIS HAS GOTTA BE AN ONGOING THING. IF, IF IT'S, IF IT'S NOT THIS, YOU KNOW, AS, AS MUCH AS I HAVE ZERO DESIRE WHATSOEVER TO, TO IMPACT SOMEONE'S LIVELIHOOD, UH, THIS IS, THIS IS NOT ACCEPTABLE AS IS. AND FRANKLY, I WOULD VOTE TO REVOKE IN THE EVENT THAT THIS IS AN ONGOING THING THAT IS COMING BACK HERE. SO THAT'S MY, THOSE ARE MY THOUGHTS AND THANK YOU. BACK TO THE CHAIR, AND WE'LL GO TO, UH, VICE CHAIR WILLIAMS. OKAY. IT CONCERNS ME THAT THE APPLICANT WHO, UM, ORIGINALLY APPLIED FOR THE ADMINISTRATIVE USE PERMIT AND THE CONDITIONAL USE PERMIT BACK IN 2015, UM, APPEARS TO HAVE, FOR WHATEVER REASON, AGREED TO AN AFFIDAVIT, BECAUSE I UNDERSTAND WHAT STAFF IS SAYING. THERE WAS AN AFFIDAVIT THAT LISTED THE ITEMS THAT WE WERE TALKING ABOUT, AND IT HAS BEEN EIGHT YEARS. THAT IS VERY DISCONCERTING. UM, THE RESIDENTS, WHICH I DID TAKE NOTE, THERE ARE RESIDENTS WITHIN 40 FEET OF THAT PARTICULAR LOCATION. YES, THERE'S AN ALLEY, BUT THEY'RE WITHIN 40 FEET. UM, THE OFFICER, UH, DID EXPLAIN THE DIFFERENT CALLS. UM, IT APPEARS THAT THERE HAVE BEEN MORE THAN 50 CALLS TO THAT PARTICULAR LOCATION, WHICH WAS DOCUMENTED IN THE REPORT THAT WAS PRESENTED TO US. I FIND THAT VERY CONCERNING. THANK YOU, VICE CHAIR. WE'LL, NOW MOVE ON TO COMMISSIONER BERA. UH, YOU KNOW, SO MUCH WAS TALKED ABOUT THIS EVENING, AND AS COMMISSIONER WILLIAMS OR VICE CHAIR WILLIAMS WAS, WAS SAYING THAT, UM, IT IS DISCONCERTING THAT SO MANY, SO MANY SITUATIONS HAD OCCURRED, AND THERE'S LITTLE TO NO KNOWLEDGE OF IT BY, BY THE PERMITEE. AND, UM, YOU KNOW, UH, COMMISSIONER, UH, LEWIS WAS TALKING ABOUT THE EXPENSE FOR, FOR THE PERMITEE, YOU KNOW, UM, WHAT WE COULD DO, YOU KNOW, I'M, I AGREE, IT'S, IT'S HARD TO, TO MAKE THIS DECISION, YOU KNOW, YOU NEVER WANNA TAKE AWAY SOMEONE'S LIVELIHOOD, BUT AT WHAT EXPENSE THEN IT WOULD BE AT THE EXPENSE OF THE RESIDENCE. IF SOMETHING WAS TO HAPPEN, THEN THAT FALLS ON US. SO IF I WAS TO VOTE, IT WOULD BE TO REVOKE. THANK YOU, COMMISSIONER PE WE'LL MOVE ON TO COMMISSIONER YANG. UM, I ACTUALLY HEARD A LOT, UM, THIS EVENING, AND I GUESS MY CON VERY CONCERNS IS THAT JUST EVEN FROM THE VERY BEGINNING, UM, IT'S A SPECIAL USE PERMIT THAT YOU HAD REQUESTED, AND THE CITY HAD GRANTED, NOT ONE, YOU ACTUALLY REQUESTED ONE, TWO, AND THREE SPECIAL PERMIT. THE FIRST ONE WAS THE ADDITIONAL USE PERMIT, AND [02:25:01] THEN THERE'S A CONDITIONAL USE PERMIT, AND THEN THERE IS A EXTENDED HOUR TO ALL THE WAY TO 2:00 PM AND EACH TIME YOU REQUESTED SINCE 2015, THE CITY COMPLIED. EVERYTHING THAT YOU WANTED WAS COMPLIED AND KEEP GIVING IN, YOU KNOW, TO, TO HELP YOUR BUSINESS. NOW THAT IT CAME TO THIS POINT, AND, AND EVEN FROM THE BEGINNING, YOU KNOW, THIS PERMIT WAS ALSO HAS ITS CONDITIONS, AND I FIND THAT MANY OF THOSE CONDITIONS WAS NOT EVEN FOLLOWED, OR YOU HAD JUST CLAIMED THAT YOU DIDN'T EVEN KNOW ABOUT IT. SOME OF THEM, BUT AT LEAST SOME OF THEM YOU ADMIT THAT YOU ARE AWARE OF THEM. SO IT'S VERY CONCERNING THAT YOU ARE ASKING US TO, TO, TO, YOU KNOW, WORK WITH YOU AND GIVE YOU CHANCES, BUT AT THE SAME TIME, ALL THE, ALL THE CONDITIONS WE HAD BEEN WORKING WITH YOU, IT'S NOT LIKE WE HAVE NOT. SO I GUESS MY, MY VERY CONCERNS IS THAT, YOU KNOW, YOU KNOW, YOU'RE NOT SUPPOSED TO CREATE A PUBLIC NUISANCE, BUT AT THE SAME TIME, WHEN THERE'S 200 CALLS SINCE 221, YOU KIND OF SAID, WELL, I DIDN'T REALLY KNOW ABOUT IT. SO IT'S A CONCERNING TO ME THAT THE CITY HAVE COMPLIED AND GIVEN TO WHAT IT IS THAT YOU ASKED FOR. YOU WANTED LONGER BUSINESS HOUR, OKAY? THEY SAID, OKAY, BUT WHEN IT COMES TO EVEN LOOKING AFTER YOUR OWN SHOPS REGARDING HAVING SECURITY THAT YOU KNOW YOU'RE SUPPOSED TO HAVE, BUT AT THE SAME TIME YOU'RE LIKE, OKAY, I'LL DO IT HALF OF THE TIME, OR WHATEVER TIME IT IS THAT YOU COME UP WITH, YOU'RE NOT EVEN WORKING WITH THE CITY. A COPY OF THE RESOLUTION WAS SUPPOSED TO BE AT THE FRONT DESK. SO OBVIOUSLY EVERY DAY FOR THE LAST EIGHT YEARS, YOU SHOULD HAVE THIS COPY. SO AT ANY MOMENT THAT YOU'RE NOT AWARE OF, EVEN REGARDING THE CAMERA, THAT IF THE POLICE, NOT ONCE, NOT TWICE, BUT THERE'S QUITE A FEW TIME THAT THEY HAD ASKED FOR, AND IF YOU WERE TO LOOK AT IT, IT'S THE POLICE DEPARTMENT REQUIREMENTS UNDER ONE OF THOSE CONDITIONS. BUT THEN IT'S ALMOST LIKE YOU JUST, YOU SAID YOU, I DON'T KNOW, WHAT IS IT YOUR REASON BEHIND NOT WANTING TO WORK WITH THEM OR NOT WANTING TO COMPLY WITH THE CONDITIONS THAT HAD, THEY WORK WITH YOU FROM THE BEGINNING. SO IT'S VERY DISHEARTENING TO HEAR ALL THAT FROM YOU WHEN THE, WHEN THE POLICE HAVE BEEN WORKING WITH YOU, AND ALSO THE CITY HAS BEEN WORKING WITH YOU. SO IT'S REALLY HARD, AND I DO WANNA WORK WITH YOU IN A SENSE THAT, YOU KNOW, AM I TAKING YOUR LIVELIHOOD AWAY BASED ON FROM 2008 UNTIL NOW, AFTER 200 CALLS ALREADY, AND THE POLICE HAD STOPPED BY VARIOUS TIME TO A POINT THAT AT THIS POINT RIGHT NOW, THEY'RE JUST BASICALLY SAYING THAT IT'S JUST TOO MUCH AND YOU'RE NOT COMPLYING. SO THAT'S JUST ONE PART OF IT. SO I DON'T KNOW WHAT MORE CAN WE ACTUALLY HELP YOU WITH. SO IF WE HAVE TO VOTE, I WOULD REVOKE THIS AS WELL. THANK YOU. THANK YOU, COMMISSIONER YANG. AND I'LL SAY IS THAT IT'S VERY HARD FOR ME TO UNDERSTAND THAT AFTER THESE SHOOTINGS, AFTER THESE FIGHTS, YOU, YOU CONTINUED TO, YOU KEPT YOUR EMPLOYEE AFTER ALL, AFTER MAJOR CRIMES OCCURRED SOMEHOW. AND I THINK ONE TIME YOU SAID YOU UNPLUGGED IT, THEN IT WENT FROM A MAY BE BROKEN, THE CAMERA SYSTEM. UM, YOU KNOW, THESE ARE VICTIMS. AND REGARDLESS, I MEAN, IF, IF I KNOW YOU, YOU INDICATED ALLEGATIONS AGAINST THE SHERIFF'S DEPARTMENT AND HOW THEY TREATED YOU, AND, AND I'M SORRY FOR THAT, IF THEY, THEY DID. BUT, YOU KNOW, OUR WEST GREEN POLICE OFFICERS, OUR LIEUTENANTS, OUR CAPTAINS, OUR CHIEFS, ARE ALL KEPT TO A VERY HIGH STANDARD BY THE CITY COUNCIL OF THE CITY OF WEST COVINA. AND, AND THEIR MISSION IS TO SERVE AND TO PROTECT THE COMMUNITY THAT THEY SERVE AND MANY OF THEM LIVE IN. AND HAVING OR, OR HAVING A SYSTEM THAT'S BROKEN OR, OR, OR BEING UNPLUGGED DURING THESE CRIMES ARE OCCURRING IS VERY DANGEROUS. NOT ONLY FOR THOSE VICTIMS WHO, WHO I BELIEVE ONE DIED BECAUSE OF THE SHOOTING ONE TIME, OR, OR ARE OFFICERS RESPONDING. YOU KNOW, THESE CAMERAS ARE DESIGNED FOR PUBLIC SAFETY. THESE CAMERAS COULD SAVE AT TIMES, COULD SAVE AN OFFICER'S LIFE WHO ARE, WHO'S RESPONDING TO A NINE ONE ONE CALL OF, UH, SHOOTINGS GOING ON, AND THEY'RE RESPONDING TO THESE CALLS WHERE IN TIMES THEY'RE LEFT WITH DEAD END INVESTIGATIONS BECAUSE A CAMERA SYSTEM WASN'T WORKING OR TO [02:30:01] WHAT THEY WERE STATING NON-COOPERATION, UH, BY THE END, BY THE BUSINESS ENTITY. THAT'S VERY, UM, BAD FOR OUR COMMUNITY AND OUR RESIDENTS BECAUSE IT IS INVESTING A TREMENDOUS AMOUNT OF PUBLIC RESOURCES TO HAVE THREE TO FOUR TO SIX OFFICERS RESPOND TO YOUR ESTABLISHMENT. WE HAVE OVER 120,000 RESIDENTS IN THE CITY OF WEST COVINA HAVING OUR OFFICERS USERS RESOURCES, OR EVEN HAVING TO PATROL EXTRA PATROL BECAUSE YOU CHOSE NOT TO HIRE MORE SECURITY, UH, OR NOT TO HAVE A LICENSED SECURITY GUARD IS PUTTING A BURDEN ON THE CITY OF WEST COVINA AND IT'S PUBLIC SAFETY AND, AND IT'S, THERE IS SO MANY RESIDENTS IN OUR CITY THAT WHO NEED TO CALL OR WHO HAVE EMERGENCIES, BUT IT CREATES A, A SHORTAGE OF OFFICERS AND OFFICERS HAVE TO BE THERE KNOWING THAT, YOU KNOW WHAT, LET'S SEND AN OFFICER TO VALINDA AND AMAR BECAUSE WE KNOW SOMETHING MIGHT HAPPEN THAT'S A BURDEN THAT THAT'S SOMETHING THAT, THAT WE HOPE OUR OFFICERS, WE COULD SEND OUR OFFICERS MORE TO OTHER AREAS IN, IN, IN WEST COVINA, LIKE OUR SHOPPING MALLS OR, OR OTHER AREAS OR, OR INTO RESIDENTIAL STREETS. THAT'S THE IDEA OF HAVING OUR OFFICERS PATROL OUR LOCAL STREETS. BUT IT CREATES A BURDEN WHEN OUR OFFICERS ARE, HAVE TO, IN, IN ORDER TO MAINTAIN PUBLIC SAFETY, HAVE TO, OR FORCED TO, UH, RESPOND IN, IN LARGE AMOUNTS BECAUSE THEY KNOW, UH, MAJOR CRIMES ARE OCCURRING AT A BUSINESS ENTITY. AND SO, UM, AND AGAIN, WHATEVER THIS COMMISSION DECIDES TODAY, YOU'LL HAVE THE, YOU HAVE THE OPTION, YOU'LL HAVE THE RIGHT TO APPELLATE TO THE CITY COUNCIL FOR ITS FINAL DECISION. BUT WITH THAT BEING SAID, I WOULD LIKE TO MAKE A MOTION, UH, TO SUPPORT THE STAFF'S RECOMMENDATION AND THE WEST GREEN POLICE DEPARTMENT'S RECOMMENDATION THAT YOUR PERMIT BE REVOKED FOR CONDITIONAL USE PERMIT NUMBER 15 DASH FIVE AND ADMINISTRATIVE USE PERMIT NUMBER 15 DASH ZERO NINE CATEGORY EXEMPTION FOR THE PROPERTY LOCATED AT 2050 SOUTH VALINDA AVENUE. AND I SAY THAT BECAUSE YOU HAD MAKE THAT MOTION, BECAUSE YOU HAD MULTIPLE CHANCES TO REMEDY THE SITUATION, BUT YOU DECIDED NOT TO COOPERATE, NOT TO HELP SOLVE CRIMES THAT WERE OCCURRING AT YOUR BUSINESS ENTITY BY PATRONS. OUR POLICE DEPARTMENT COULD SAY SO MUCH BECAUSE SOME OF THEM, AS THEY SAY, THEY ARE ONGOING ACTIVE INVESTIGATIONS, SO THEY CAN'T JUST SPILL OUT EVERYTHING THEY'VE DONE, BUT THEY'VE INDICATED THAT THEY'VE CONDUCTED SURVEILLANCE, THEY'VE CONDUCTED INVESTIGATIONS ON THEIR OF THEIR OWN THAT DETERMINED THAT THE RES THAT THE, THAT PATRONS THAT WERE VISITING YOUR LOCATION WAS THE ONES WHO WERE COMMITTING THESE CRIMES. AND, AND THAT'S WHY I MAKE THAT MOTION TODAY. IS THERE A SECOND? I'LL MAKE A SECOND TO THAT MOTION THAT, UM, WE, UH, SUPPORT THE STAFF'S RECOMMENDATION TO REVOKE ADMINISTRATIVE CONDITIONAL USE PERMIT 15 DASH OH NINE AND CON, UM, CONDITIONAL USE PERMIT NUMBER 15 DASH OH FIVE PAUL O ROLL CALL. UM, OH, GOOD EVENING, . UH, COMMISSIONER HANG, UH, COMMISSIONER LEWIS. UH, COMMISSIONER BEIER AYE, UH, COMMISSIONER, OR THAT'S OKAY. , SORRY. VICE CHAIR WILLIAMS. AYE. AND THEN CHAIR GUTIERREZ. AYE. SO MOTION PASSES. OKAY. UM, NOW LET ME READ THE STATEMENT, UH, CHAIR. UM, NOTE THAT THE APPROVAL RE THE REVOCATION RESOLUTION WILL BE PRESENTED TO THE PLANNING COMMISSION. YES. UM, ON THE OCTOBER 10TH. UM, YEAH, IT SAYS, UH, YES, DIRECT STAFF TO PREPARE A DRAFT RESOLUTION TO REFLECT THE PLANNING COMMISSION'S DECISION FOR OCTOBER 10TH, 2023 MEETING. UM, AND AT THAT TIME, UH, THERE WILL BE A, UH, A HEARING ON THE FINAL RESOLUTION, AND AT THAT TIME, UH, THE APPLICANT WILL HAVE THE OPPORTUNITY TO, AFTER WHATEVER THE COMMISSION VOTES ON, TO APPEAL THE DECISION TO THE CITY COUNCIL. UM, JUST POINT OF CLARIFICATION CHAIR. UM, THERE, THERE WILL NOT BE A [02:35:01] HEARING, UM, ON THE, ON THE OCTOBER 10TH PLANNING COMMISSION MEETING. OKAY. STAFF WILL PRESENT THE RESOLUTION AS A, UM, CONSENT ITEM, UM, TO THE PLANNING COMMISSION. AND THE PLANNING COMMISSION WILL HAVE THE OPPORTUNITY TO EITHER PULL THE ITEM TO THIS FOR DISCUSSION OR, OR, UM, APPROVE IT, UH, WITH A DETERMINATION THAT IT DOES REFLECT THE PLANNING COMMISSION'S DECISION TONIGHT. GREAT. LET THE RECORD, UH, REFLECT JOANNE'S COMMENTS FOR THE CORRECTION, UM, AT THIS TIME. UM, 1, 1, 1 QUICK. UM, YES, GO AHEAD. JOANNENE IN, IN TERMS OF THE, UM, OCTOBER 10TH DATE, NOW, DOES A AND I DIDN'T HAVE 10 DAYS FROM TODAY'S, OR 10 DAYS FROM OCTOBER, 10 DAYS TO APPEAL THE APPEAL PERIOD, APPEAL TO THE CITY COUNCIL. THE APPEAL PERIOD STARTS, UM, THE MOMENT THE CITY, THE, I'M SORRY, THE PLANNING COMMISSION ADOPTS THE RESOLUTION, WHICH IS ON OCTOBER 10TH, IF THE PLANNING COMMISSION DOES ADOPT THE RESOLUTION ON THAT DATE. THANK YOU. AND SO JUST YEAH, FOR CLARIFICATION, UH, TELL THAT. YEAH. SO IS THERE ANYTHING THE CITY ATTORNEY WOULD LIKE, LIKE TO CLARIFY OR ANYTHING LIKE THAT? NOPE, I THINK THAT GOT IT. OKAY, GREAT. THANK YOU FOR NON-HEARING ITEMS. UH, WE HAVE NO NON-HEARING ITEMS THIS EVENING. COMMISSION REPORTS, COMMENTS AND MISCELLANEOUS ITEMS. WOULD ANY OF THE COMMISSION COMMISSIONERS LIKE TO REPORT OR COMMENT ON AN ITEM? SEE NONE. WE'LL GO MOVE ON TO [5. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:] THE COMMUNITY DEVELOPMENT AND DIRECTOR'S REPORT. PAULINE, DO YOU HAVE ANY ITEMS TO REPORT AND ALSO ON CITY COUNCIL ACTIONS? GOOD EVENING. YES, I CAN DO BOTH OF THOSE TOGETHER. , SEE, YOU'RE TRYING TO BE EFFICIENT. UM, WE HAVE A COUPLE EVENTS COMING UP. WE'RE ACTUALLY HAVING A LOT OF COMMUNITY EVENTS, I THINK EVERY WEEKEND BETWEEN NOW AND, UM, THE END OF THE YEAR . SO, WE'LL, STARTING WITH THIS THURSDAY, WE ARE HAVING THE STATE OF THE CITY, UM, OR CENTENNIAL STATE OF THE CITY, AN EMPLOYEE RECOGNITION DINNER. SO WE ENCOURAGE EVERYONE TO ATTEND. UM, IT'S A LOVELY EVENING WHERE THE MAYOR GETS TO SHARE WHAT WE'VE BEEN WORKING ON AS A CITY FOR THE LAST YEAR AND WHERE WE'RE AIMED OR WHERE WE WANNA GO IN THE FUTURE. UM, SO THAT'S THURSDAY, SEPTEMBER 28TH AND IT'S AT THE SPORTSPLEX AND IT'S, UH, FIVE 30 AND TICKET SALES, UM, UM, CAN BE PURCHASED ONLINE OR AT CITY HALL AS WELL. UM, FOLLOWING THIS SATURDAY OR THE EVENT THIS THURSDAY IS THE ANNUAL WEST COVINA MOON FESTIVAL. UM, IT'S BETWEEN 10:00 AM AND 9:00 PM UM, ENDING WITH, UM, BRUNO MARS AND THE HOOLIGANS, UH, BAND. AND IT'S GONNA BE A LOT OF DIFFERENT, UH, PERFORMERS, A LOT OF VENDORS, A LOT OF FOOD. SO IT'S GONNA BE OUR FIRST ANNUAL, UH, MOON FESTIVAL AND HOPE, UH, EVERYONE CAN COME OUT AND CHECK IT OUT. WHAT DATE IS THAT? THIS IS SATURDAY, UH, DECEMBER 30TH, AND IT'S AT THE, UH, DOWNTOWN HISTORIC DOWNTOWN WEST COVINA ALONG GLENDORA AVENUE AND LAKES. SEVEN 30TH, SORRY, SEPTEMBER 30TH, . I SAID THAT'S AWFUL FAR AHEAD. . YEAH. UM, THEN SATURDAY, UM, OCTOBER 7TH IS THE FIRE PREVENTION WEEK OPEN HOUSE, AND THAT IS AT FIRE STATION NUMBER TWO. UM, AND IT'S BETWEEN 10:00 AM AND 2:00 PM AND THERE'S GONNA BE GAMES AND SPARKY, THE FIRE DOG'S GONNA BE THERE. SO WE HOPE, UM, TO HAVE, UH, PEOPLE COME AND JOIN US. UM, THERE'S GONNA BE A FIRE, A FUNDRAISER FOR FIRE FIGHT OR FIRE EXPLORERS. UM, THEY'RE GONNA BE SELLING HOTDOGS, TRIPS, SODA AND WATER. AND SO THAT INFORMATION'S ALSO ON THE CITY CALENDAR. AND SO THOSE ARE A COUPLE OF THE ITEMS THAT ARE, OR EVENTS THAT ARE COMING UP. UM, AS FAR AS CITY COUNCIL ACTION ITEMS, I DON'T BELIEVE THERE'S BEEN ANY, SO THERE'S NOTHING TO REPORT ON THAT. GREAT. THANK YOU, PAULINA. OKAY, WE'RE NOW WE'LL MOVE ON TO ADJOURN. SINCE THERE'S NO FURTHER BUSINESS TO CONSIDER, THIS MEETING IS ADJOURNED AT 9:48 PM PACIFIC TIME. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.