Planning Commission - Regular Meeting

Thursday, March 12, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Riverside, CA
Meeting Date
March 12, 2026

Transcript

685 sections (from 789 segments)

0:57 – 1:120

Good morning. It's a full house today. Welcome to the Planning Commission meeting of March 12. This meeting is called to order. Will you please play the recording? Thank you.

1:13 – 1:471

Pursuant to the city council rules of procedure in order of business resolution, the members of all boards and commissions and the public are reminded that they must preserve order and decorum throughout the meeting. In that regard, members of the boards and commissions and the public are advised that any delay or disruption in the proceedings or a refusal to obey the orders of the board or commission where the presiding officer constitutes a violation of these rules. The city of Riverside is committed to fostering a workplace that provides dignity, respect, and civility to our employees, customers, and the public they serve.

1:51 – 2:110

Thank you. Before we move forward to the pledge of allegiance, I want to formally welcome two brand new commissioners, Kristen Montero from Ward 2. Correct? Yes. And Rico Alderet from Ward 3. Glad you're here. Glad you're here. Thank you. And Rico? Commissioner Alderette, sorry.

2:12 – 3:040

Will you please lead us in the pledge? Thank you. All right. Today is the day that we have, for election of officers. And so we need to take, nominations for chair, vice chair, secretary, and sergeant at arms individually.

3:050

So at this point I will go ahead and open nominations for the position of chair. Madam chair? Yes ma'am.

3:132

I would like to nominate Commissioner Wilson our Yes. Okay. As our chair for

3:20 – 3:360

next year. Okay. So once the nomination is made I'm supposed to ask the commissioner nominated if they accept the nomination. Do I accept that nomination, Commissioner Ntunisen? Yes, do. And thank you so much. I do need I do need a second.

3:363

I will second that.

3:37 – 3:540

Commissioner Baird. So, by Commissioner Tunisen, second Commissioner Baird. Please vote. Am I allowed to vote on my own? Motion carries. And it's my honor to continue as your

3:543

Congrats.

3:54 – 4:100

Chair. Thank you so much. And so now nominations are open for the position of vice chair. Am I allowed to nominate someone? I would like to nominate Commissioner Baer for the position of Vice Chair. Do you accept, sir?

4:103

I do. Thank you.

4:110

Thank you. May I have a second?

4:134

I second.

4:14 – 4:330

Alright. Motion by Commissioner Wilson, second by Commissioner Tunisian. Please vote. Alright. Motion carries. Thank you. Nominations are now open for the position of secretary. Is there a nomination for secretary?

4:365

Anyone? I'll nominate commissioner wild Wilder.

4:410

Commissioner Wilder, do you accept this nomination?

4:446

Yes. I will.

4:450

Alright. Thank you. And may I have a second?

4:487

I second.

4:49 – 5:010

Thank you. A motion by commissioner Elizal no, you're not Elizalde. Melendrez, please forgive me, friend. Second by commissioner Singh, please vote. What did you say?

5:04 – 5:200

My apology. Alright motion carries and finally nominations are now open for the position of sergeant at arms. I would like to nominate commissioner Melendrez for that role. Commissioner Melendrez, do you accept?

5:210

Thank you very much. May I have a second?

5:239

I second.

5:24 – 5:460

Alright. Motion by me. Second by commissioner Montero. Please vote. Alright, motion carries. With that business complete, we need to take a brief break, please. Thank you all for your patience just to move folks around to their positions. We'll take five minutes.

7:570

Alright. Thank you for your patience, everyone. Really appreciate that. I'm glad you're next to me. At this point, we are going to go ahead and open general public comment.

8:08 – 8:271

Public comment is now open for this item. Call (951) 826-8688 and follow the prompts to access the meeting. To request to speak, press 9. When called to speak, press 6 to unmute. You can also join via Zoom. The meeting ID can be found on the agenda.

8:28 – 8:560

Are there I have no cards for general public comment. They're all for number four. Are there any callers? Alright. Since we have no comments in chambers and no callers, may I Oh, I don't need a motion to close public comment. Forgive me. Moving on to our public hearings. So, at this time, the Planning Commission will open the public hearing to receive public input regarding planning case PC-twenty20One-eight94.

9:03 – 9:2610

Hi, this is Deanna Farr, Associate Planner. Planning case PR202100894. The staff report says that there is a request continuance to March 26. The applicant has requested continuance to April 23 and staff concurs. April 23.

9:27 – 9:390

Is the applicant here? Will you please come forward? Good morning. Will you tell us your name?

9:397

Steve Brzanski.

9:400

And you are requesting a continuance, to April 23

9:4411

Yes, ma'am.

9:450

Instead of March 26?

9:4612

Yes, ma'am.

9:460

And staff seems to be in agreement. Thank you very much. Thank We need to open up public comment for this. Please do.

9:55 – 10:131

Public comment is now open for this item. Call (951) 826-8688 and follow the prompts to access the meeting. To request to speak, press 9. When called to speak, press 6 to unmute. You can also join via Zoom. The meeting ID can be found on the agenda.

10:150

No public comments in front of me. Anybody calling in? Alright. May I have a motion to close public comments?

10:216

I move to close

10:223

public comments.

10:230

Thank you. Second? Alright. Thank you very much. Please Please vote.

10:31 – 10:450

Thank you. Motion carries. Are there any comments from the commissioner from our commissioners? All right. Seeing none, do approve

10:506

to April 23.

10:520

Thank you.

10:533

Second.

10:54 – 11:330

Thank you. We have a motion and a second. Please vote. Alright. Motion carries. We'll see you in April. Sir. Thank you. As a point of order for, to keep the last item, our last person from having to wait too too long, I'm gonna make the decision if everybody's okay with it to move, item number five up and open the have the public hearing on item number five now. And then we'll come back to number four.

11:340

So at this time, Planning Commission will open the public hearing to receive public input regarding planning case PCDash202500439.

11:47 – 12:2313

Thank you, chair and members of the commission. Veronica Hernandez, senior planner. The case before you this morning is a request to consider entitlements to facilitate a land swap between Altura Credit Union and the Canyon Springs Healthcare Campus. The project site consists of four parcels, two contiguous parcels totaling 3.9 acres on the Northwest Corner of Canyon Park Drive in Campus Parkway, which we'll call project site A, and two contiguous parcels totaling 3.9 acres on the East Side of Canyon Park Drive, of Campus Parkway, project site B. All four parcels are vacant.

12:23 – 12:5013

Adjacent uses include office and commercial uses to the east, west, and north, and vacant land to the South. Project Site A is located within the Canyon Springs Business Park specific plan, while Project Site B is located within the Canyon Springs Healthcare Campus specific plan. These photos depict the existing conditions of the site. Photos one and two show project site B. Photos three and four show project site A.

12:53 – 13:2713

The applicant is requesting approval of the proposed amendments to facilitate potential future expansion of the Altura Credit Union headquarters, which is located to the north of project site b. The proposed amendments will swap 3.9 acres of land between the two specific plans. No new development is proposed at this time. The project proposes to amend the general plan land use designations of each site for consistency with the respective specific plans. The acreage of each proposed general plan land use amendment is roughly equivalent at 3.9 acres resulting in no net change in area for either land use.

13:29 – 14:2413

Project includes an amendment to swap the specific plan designations between the two specific plans as well. Finally, the project also proposes to rezone the four parcels for consistency with the respective specific plans. Staff recommends that the Planning Commission recommend that the city council determine that the project information provided in the addendum will not result in significant effects on the environment and is therefore consistent with the adopted mitigation and monitoring reporting program prepared for Canyon Springs Healthcare Campus specific plan and amendment to the Canyon Springs Business Parks specific plan final environmental impact report and approve the project based on the findings outlined in the staff report summarized in the attached findings and subject to the recommended conditions. This concludes staff's presentation. The applicant team is present and available for any questions.

14:2513

Thank you.

14:250

Thank you very much. Would the applicant please come forward and state your name? Morning, sir.

14:33 – 15:005

Good morning, commissioners. My name is Matthew Reed. I am the chief development officer for TDA Inc. We are a fiduciary pension fund manager for the Southern California Labors Association and own about a 130 acres out in that general area. We're pleased to bring this application before you. We feel we're in alignment with the city of Riverside to see Altura have the ability to expand at their current location and this works well for us as well.

15:000

We And hope so you agree with the staff's conditions and recommendations, sir?

15:045

We do agree with the staff's recommendations.

15:060

Thank you

15:0614

very much.

15:0715

Thank you.

15:080

We'll go ahead and open it up for public comment.

15:11 – 15:291

Public comment is now open for this item. Call (951) 826-8688, and follow the prompts to access the meeting. To request to speak, press 9. When called to speak, press 6 to unmute. You can also join via Zoom. The meeting ID can be found on the agenda.

15:31 – 15:420

I don't have any comment cards from the chambers. Any callers? Alright. That was quick. Since we have no comments here and no callers, may I have a motion to close public comment?

15:426

I move.

15:440

Pick one. All set. Thank you. We have a motion and a second. Please vote.

15:56 – 16:080

Alright. Motion carries. Do we have any comments from our commissioners? Any questions or comments? Nothing to say? Alright. Well, shoot. Then do we have a motion?

16:126

I'll move to approve planning case PC twenty twenty Five-four 39.

16:18 – 16:530

Thank you. Alright. We have a motion and a second on table. Please vote. Motion carries. Thank you very much. There's a ten day appeal period. Please contact the Planning Division for appeal information. Alright. Everyone that's here for item four, thank you for waiting. Really appreciate it. So at this time, the Planning Commission will open public hearing to receive public input regarding planning case PDash202600117.

17:1016

Good morning madam chair and members of the planning commission.

17:130

Good morning.

17:14 – 18:0316

For those of you that might not know me, my name is Edgardo Caldera, principal planner with Community and Economic Development. The item before you is a request to consider a revocation of the minor conditional use permit approved in 2018 authorizing bar and nightclub operations including entertainment and the on sale of alcohol for downtown experiment. First I wanna provide some context for those who might not be familiar with the subject business. The business is located at 3601 University Avenue at the northwest corner of University Avenue and Orange Street within the downtown specific plan Raincross District. These are just a few pictures of the existing establishment.

18:04 – 18:4916

The property is developed with a two story building. The first level being where the nightclub operates. The second story is actually used building also has a basement level. The surrounding uses include a restaurant and lounge garage to the North, retail and restaurants to the East across Orange Street, and offices to the South across University Avenue. The nightclub operates on the 1st Floor as mentioned with an outdoor patio that primarily runs along Orange Street.

18:50 – 19:3216

Note the MCP permits entertainment indoors and out and on the outdoor patio until 10PM. Beyond 10PM entertainment is only permitted indoors and the business is required to maintain all doors and windows shut to mitigate noise impacts. The primary patron entrance is located along University Avenue where queuing and security checks occur. So the request to revoke the MCUP is a result of multiple and persistent violations at Downtown Experiment. These include documented violations of the MCUP, conditions of approval.

19:34 – 20:3216

And so before I begin going through these, I just wanna note that under the MCUP, any violation of the conditions of approval is by itself grounds for revocation. With that, condition number five of the MCUP essentially relates to compliance with noise related issues. Between November 27 and 12/07/2024, Riverside Police Department or RPD documented seven incidents which the business was found to be in violation of multiple conditions of approval related to excessive noise. These violations occurred on various states and include violations of condition number five, which requires all exterior doors to remain closed during entertainment activities. Condition number 34, which prohibits the projection of music outside the premise and the use of external speakers.

20:33 – 21:0816

And also condition number 35, which requires compliance with the city's noise ordinance. These citations were appealed. However, following the administrative hearing, all the citations were upheld by the hearing officer. Condition 14 in the mcp requires compliance with federal and state and local laws. Detectives from Riverside Police Department vice unit, which have observed observed tobacco products being provided to customers at the business without proper licensing.

21:08 – 22:0716

During the recent license compliance check on 09/12/2025, RPD detectives observed a vendor offering customers a vape style hookahs. Of course, retail sales of tobacco require a business to obtain number one, a tobacco state license and number two, a tobacco retail license from the city of Riverside Police Department. To date the business does not hold valid permits for this kind of activity. Condition of approval 26 of the MCP requires that the business employee only licensed and bonded security guards to monitor the activity of their patrons inside facility as well as in the parking lot. In various occasions, the business has held special events beyond the scope of what the MCUP allows without notice to Riverside Police Department and without providing additional security staff.

22:08 – 23:2016

Additionally, on 10/26/2024, the RPD vice team in conjunction with the Bureau of Security and Investigative Services conducted security guard license compliance checks at the business and during the inspections on lies a licensed security guard was found working on behalf of the business. Additionally, multiple incidents of customers being assaulted by the security guards have also been reported to RPD and are documented in RPD reports. Conditioner of approval '27 requires that the business maintain camera surveillance system that among other things has the ability to save recorded video for a fourteen day period and be made available to RPD upon request within twenty four hours. According to police records on multiple incidents, the business has been uncooperative with RPD request for camera footage. In one case involving the shooting inside the business, staff instructed officers to obtain footage via their business attorney.

23:23 – 24:3616

In another case, during an active criminal investigation, business staff refused to provide camera footage access to police. Additionally, footage has routinely been and frequently been reported as unavailable for several business days after incidents occur. The police memorandum enclosed as exhibit five sites 15 reports for documents documentation about noncompliance with security camera requirements. And as a result of this of these repeated inconsistencies and delays, these have resulted in obstruction of police investigations in various occasions. So in addition to violating the MCP conditions of approval, condition 13 states that the MCP may also be revoked by the Planning Commission or City Council should they determine that the proposed use is the conditions under which it's being operated are detrimental to public health, welfare, or materially injurious to public safety.

24:37 – 25:3616

So with that, as documented in the staff report, the Riverside Police Department concluded the downtown experiment has created an environment which threatens the safety of patrons and the general public visiting Riverside's Downtown Entertainment District. And also establish that the business has generated an extraordinary number of service calls for service. And we will speak to that here in the next few slides. So according to police records from 01/01/2020 through 10/28/2025, there were a total of 504 calls for police records substantively related to downtown experiment, which resulted in the generation of a total of 99 police reports. And at this time, I would like to turn it over to Lieutenant Callope from our police department who will provide a summary of the calls for service and speak more in detail of these service calls.

25:390

morning, lieutenant.

25:474

Good morning,

25:48 – 26:0217

chairwoman, commissioners. Thank you for having me. My name is Chad Colopy. I'm a lieutenant with Riverside Police Department. For the last year, I've been currently assigned as a downtown area commander, which this location falls right in the epicenter of the downtown.

26:04 – 26:5217

As we mentioned, as regards to calls for service for police, I'd like to explain in general how we determine the calls for service, whether it's a residence, a vacant property, a bar, a shopping center, whatever it is. When officers go out to a location, they advise our dispatch center to create an incident number which creates a call for service at that location. Generally, if it's a specific location, you're to advise the address of that location. However, at times, there could be times wherein the officers could advise or dispatchers or someone that's calling in for a complaint could use cross streets of the location. At times people do call the police department and say for example there's a complaint at 1234 Main Street.

26:53 – 27:3817

However, the issue may not actually be directly involved with the operations or inside the business of 1234 Main Street. It may just be out in front so the people are associating with it. That's when it determines when the officers or code enforcement or whoever it may be to do the investigation to determine if that is directly involved with that establishment. In in relations to thirty six zero one University, we had our staff pull up the calls for service, and by punching in a queue, it pops up populated 504 calls for service as it states from January 2020 all the way to late October. As we get those 504 calls like we explained, we need to go through an agenda item like this.

27:38 – 28:0817

We need to filter through it to see which calls are directly related to that establishment. So add Out of the five zero four calls of service, not all of them are related. They show downtown experiment but are not directly involved to the operations or it may be. For example, a common one may be a subject loitering that may be on the street corner which is common in the city. More importantly, we take the documentation of how many police reports have been taken at that establishment.

28:08 – 28:5717

During a queue of that, there was over about approximately 150 police reports taken that listed Downtown Experiment as the location of Currents. We then had a detective assigned to the vice unit filter through those calls for service and those police reports and filtered it down to 99 police reports that's listed right here that were directly related to the operations of Downtown Experiment operations. As you can see, it's broken down by year from 2020 all the way up to the October 2025. We go. Sorry about that.

28:58 – 29:2917

Then this is a summary of breaking it down year by year. 2020 is when the establishment opened. And then as you see, these are related to the police service reports that are directly related to operations of the establishment. So in 2021, you had the 14 physical alter altercations, the six intoxicated patrons, permit violations, suspected drink spiking. And then so for 2021, 25 police reports.

29:29 – 30:2817

2022, similar, you had 24 total from physical altercations, intoxicated patrons, a shooting, a sexual assault allegation, drink spiking, trespassing, and other permit violations, two of those. In 2023, you have a total of 20 with 10 of them being theft related investigations, six physical altercations, two intoxicated patrons, another drink spiking, and a large scale disturbance, crowd violence. 2024, you have 14. You have more thefts, physical altercations, intoxicated patrons, and a firearm related incident. And then 2025, you have 15 police reports, thefts, physical altercations, suspected sexual assault allegation, drink spiking, and an intoxicated patron.

30:32 – 30:5217

And some of the more notable ones were a shooting inside downtown Experiment. The most recent one was in, I believe, was October 2024. A patron inside got into a disagreement with another one. And once the suspect was in possession of a firearm and shot the other individual. He was apprehended.

30:55 – 31:1917

Let's see. There was another customer. There was an altercation inside a inside the establishment, and that was in 2,022. The parties were separated. The party that left the or was removed from the establishment walked outside, walked shortly down the sidewalk to nearby alley.

31:19 – 32:0317

The other party had left the establishment and entered their vehicles that was parked in the establishment, downtown establishment's parking garage. They confronted the victims and they end up shooting one of the individuals on the street near the alleyway. You have an allegation of a sexual assault, allegation of where an individual made allegations of a person associated with the establishment had raped her. There's a number of allegations of security guards being heavy handed, as commonly referred to as battering customers, unprovoked. Then, was an altercation where a customer patron was inside the establishment.

32:05 – 32:2317

An altercation ensued inside. He was removed and was later discovered to be stabbed outside the establishment in front of a downtown experiment. And those are summary of those are outlined in the police memo that was that's dated, and I believe is an exhibit dated December 17.

32:266

Back to you, Edgardo.

32:280

Thank you, lieutenant.

32:38 – 33:3416

Okay. So based on staff's review of the evidence and record, including documented violations of multiple conditions of approval in the MCUP and the extraordinary volume of calls for service related to the operation of the establishment, staff finds that the MCUP issued to downtown experiment has been exercised in violation of its conditions of approval and that the continued operation of the bar and nightclub uses are detrimental to the public health, safety, and welfare. Accordingly, staff recommends that the planning commission approve PC twenty twenty six zero zero one one seven revoking the minor conditional use permit. P seventeen zero one two six eliminating the bar and nightclub uses including entertainment and the on sale of alcohol. And also find that the project exempt from CEQUA pursuant to section fifteen third three two one of the CEQUA guidelines.

33:34 – 33:4516

And also adopt the resolution revoking the bar and nightclub uses with entertainment and on sale of alcohol. At this time I can answer any questions you may have.

33:45 – 34:070

We're not ready for that yet, don't think. But thank you for your presentation. So before we move forward, I just want to make sure we're all clear on the process for this hearing. The next folks that'll be called up is the business owner or the business owner's representative. Per our hearing procedures, you'll have fifteen minutes.

34:08 – 34:480

However, by a majority vote of commissioners present in voting, additional time may be granted. So please keep that in mind. Once we hear from the business owners and or representatives, we will open up public comment. We have quite a few comment cards here, so thank you for your patience. After public comments is received, the, business owners and or representative will have an additional five minutes for rebuttal. Hopefully everybody's clear on that. And at this point I will go ahead and call on the business owner or representative thereof to come on up and you have fifteen minutes to present. Good morning.

34:48 – 35:157

Madam chair as well as fellow members of the commission. My name is Eugene Kim, and I represent Downtown Experiment in this particular case. What we have here is a very, very serious issue. The revocation of Downtown Experiments MCUP would shut down the entire business. I think that's a given.

35:16 – 35:497

And for that reason, revocation of any MCUP is an extraordinary remedy and must be based on facts and evidence. So what is the legal standard? K. When we're addressing whether or not an MCUP should be revoked, it's important that you look at the facts and the evidence. And that may seem obvious at first glance because that's what we normally do.

35:50 – 36:427

But when I contrast it with generalizations, assumptions, speculations, accusations, That's the dichotomy. We have to look at the facts of this case, not the generalizations, not the assumptions, and not the speculations. So if we take a look at what's at issue here. The proposed recommendation is to revoke the MCUP on two grounds. Ground number one is extraordinary or excessive volume of emergency service calls and ground number two is persistent violations of the conditions of approval.

36:42 – 37:307

Now the real question is, did staff in preparing this report rely on facts and evidence when making that recommendation. Now we've heard what staff had said and they're relying on 504 emergency calls, 99 police reports and persistent violations of the conditions of approval. And on the face of it, that does seem like facts. That does seem like statistics, but when you look into the underlying documents, you will clearly see that these are generalizations. These are accusations.

37:31 – 37:557

These are assumptions. These are not based on actual facts. Where are actual facts? The actual facts were not submitted to the commissioners. You see when we see five zero four emergency calls, they have call logs for all five zero four emergency calls.

37:55 – 38:337

But that wasn't included in the staff report. And the reason why is because those call logs will show that these calls did not, majority of them did not relate to downtown experiment. Same thing with the police report. They persisted and insisted on an early hearing without the police report. The police report would describe what happened, when it happened, and whether or not it was associated with downtown experiment.

38:34 – 39:247

Now another interesting fact and evidence that was not included in the staff report is an administrative hearing order. You see this issue of excessive calls has been raised before and it went to administrative hearing and an independent officer determined that the calls were not related to downtown experiment. The other fact and evidence that's not in the staff report are the actual code enforcement violations. The allegation is that there are persistent violations of the conditions of approval. But interestingly enough the code enforcement violations are not in there.

39:25 – 40:107

And that's because when you look at the code enforcement violations it clearly shows that it was not Downtown Experiment's fault. Now I think the first thing we should do is look at the call logs. And we did have an opportunity to meet with seven out of the nine commissioners and we did provide the other two commissioners the same documents which which include this call log and I have a picture of it here. 504 calls, emergency calls, that does sound excessive. And if I heard that in and of itself, I would be concerned as a member of the public.

40:10 – 40:397

But when you look at the calls and you look at the actual evidence, you'll see that 260, more than half of the calls occurred when downtown experiment wasn't even open. They were not even operating business. 73 out of the five zero four phone calls were for administrative reasons. Not related to downtown experiment. We're talking about nine one one hang ups, bar checks, stake outs, business checks.

40:40 – 41:327

What's interesting to note is the staff report claims that these administrative calls were removed from the 504 but if you look at the five zero four calls they are clearly included. And additionally you can see from the call logs that there is numerous evidence of incidences that just did not happen at down town experiment. You see this issue was first addressed a few years ago when an invoice came to down town experiment. They got an invoice for $15,000 relating to two forty seven emergency calls from June '23 through November '24. They appealed that because there weren't that many calls.

41:33 – 42:177

And when they appealed it, it went to an independent hearing officer. And that hearing officer heard all of the evidence for those 247 calls. Now to put this in context, the two forty seven calls that were addressed by that hearing officer are inclusive of the 504 calls that they are seeking here. Now the reason why that's relevant is because after reviewing the call logs only two out of two forty seven incidences were associated with downtown experiment. That's less than one percent.

42:17 – 43:007

The $15,000 fine that was assessed on downtown experiment was dismissed and withdrawn. The city had opportunity to appeal it but they didn't. And the ruling from this independent officer is equally important. They found that downtown experiment rebutted the presumption that the invoices were accurate. If you look at the second point, just because an incident occurred in front of the property or public right of way or in the parking garage next to it does not without more establish that the incident was associated with the property.

43:00 – 43:537

That was from the independent hearing officer. So even though those 247 calls were found to be not related to Downtown Experiment, they are being brought back again by the city as new findings or calls associated with Downtown Experiment when they clearly weren't. You see when you look at the police report, oh the next thing I would want to look at is the police reports. Okay. And I think the police reports will tell another story because just like looking at just the call logs which has very very brief information, information.

43:547

When did it happen? Where did it happen? Did it really happen at Downtown Experiment? And we don't have that. And there was a reference to a tobacco or a hookah violation.

44:05 – 44:407

But there is no police report and there is no citation. And the reason why is it was a verbal warning. We didn't realize that it had a point zero zero five nicotine level. We told our vendor that it had to have zero nicotine level and then a few weeks later that same police officer came out and did an investigation and verified that no further tobacco violations existed. As a matter of fact there has been no tobacco violations at all from that time of that incident.

44:40 – 45:257

And that's a running theme that you'll hear. Anytime there is a violation, downtown experiment fixes it and they don't get cited for it again. Now the code enforcement violations are also equally interesting. As mentioned they're not included in the staff report but we did provide them. There are eight total code enforcement violations. And all of the issues have been addressed and corrected and there are no ongoing issues today. So this is an interesting table. If you look at it, three out of these seven citations were never delivered to Downtown Experiment. There

45:25 – 45:557

a tracking number on these letters. You can input the tracking numbers and it will show that those three citations were never delivered to Downtown Experiment. So now let's look at the other four that relate to noise, door and music. They happened on November 27, November 29, November 30, December 1. We're talking four citations within five days and guess what?

45:56 – 46:447

Downtown experiment, they didn't know about any of those violations until December 6. And that's when they found out about the violations, that's when they corrected the violations and ever since that time, there have never been any further violations for code enforcement as it relates to those issues. Now at the end of the day, safety and security are paramount and Downtown Experiment hires professional security guards and has security cameras. Downtown Experiment has hired an outside company called MIB. MIB is an outside security service company that has worked for over twenty six years.

46:44 – 47:107

And interestingly enough they are Riverside based. Riverside. They also do work for hideaways, Dukes, Prohibition, Ovilus, Tamale Factory. They do overflow for the Mission Inn, California construction, JMJ construction. This is not a fly by night company But the staff report suggests that they hire unlicensed contractors.

47:10 – 47:387

But that's not true because when you look into the evidence and you look at the facts, yes his license was cited for two unlicensed guards. Notably one of those incidences was not even his guard. It was for Worthington's across the street. Had nothing to do with MIB. The second guard that was allegedly cited for being unlicensed happened at Duke's.

47:38 – 48:117

It didn't even happen at Downtown Experiment and he was a licensed guard when you actually look at the evidence. And I have Damon Ross's registration number and his expiration date on here. He just did not have his physical card at the time. So when the staff report makes reference to the fact that MIB's license is currently, the secondary status is an administrative fine. That's because that there's an appeal pending as it relates to those citations.

48:13 – 48:517

MIB also upgraded the security cameras. They spent over $1,000,000 in 2023, 28 Lorax cameras, they added five new four ks cameras. And in the materials that we provided, we clearly show evidence, facts where we are requested security footage and we immediately provide it. That's with communications with Detective Smith, Detective Baird, Detective Hussey and detective Hua. So really the question becomes how did this happen?

48:52 – 49:257

And when you look at Downtown Experiment, it is located at the epicenter of the downtown corridor. And for that reason it is conveniently located to all of the other bars and the restaurants. And when Downtown Experiment is open the police officers park in front of Downtown Experiment because it's the easiest way to get to all of the different places. Okay. So for that reason people naturally will refer to Downtown Experiment as the place when there's any doubt.

49:25 – 49:557

Even if it's not related to Downtown Experiment. There's 21 alcohol licenses within a two mile radius. There were 12 new alcohol licenses after Downtown Experiment. So these records show that revocation is not supported by the evidence and for that reason we request that this MCUP not be revoked or alternatively modified. Thank you.

49:560

Thank you very much for your presentation. At this point it is time to open up for public comment.

50:05 – 50:241

Public comment is now open for this item. Call (951) 826-8688, and follow the prompts to access the meeting. To request to speak, press 9. When called to speak, press 6 to unmute. You can also join via Zoom. The meeting ID can be found on the agenda.

50:2718

Good morning, madam chair and commissioners. I appreciate your time. Thank you for giving me this opportunity to speak today. My name

50:333

is Mark.

50:3419

I'm sorry.

50:350

Go ahead.

50:3518

Am I okay?

50:36 – 50:5218

Oh sorry, sorry. My name is Mark McGuire. I'm the owner of Downtown Experiment. I'm here to address the revoke of my MCUP. But more importantly to share concrete steps we've taken to improve the safety, strengthen the compliance and be a positive partner to our community.

50:52 – 51:3018

First, I want to express my full commitment to safety and well-being of our patrons, our staff, our downtown neighborhood. Over the past year, we made significant investments to elevate the security operations. We brought in experienced personnel trained in conflict resolution and emergency response. We've upgraded our surveillance system with an addition of six cameras outside plus the 29 we already had to ensure full coverage of the venue, allowing us to respond quickly and effectively to any situation. We've also continued to build a stronger communication in coordination with local law enforcement.

51:30 – 52:1018

Together, we established clearer protocols so both of our team and our patrons know exactly what to do in event of unexpected incident. This collaboration has already improved our preparedness and the ability to maintain a safe environment. Beyond security, I've taken meaningful steps to ensure full alignment with the conditions of my MCEP. We created clear communication channels with city staff and we're committed to maintaining the transparency in our operations. Regular check ins, ongoing dialogue and help us stay accountable and ensure we meet every requirement set forth by the city.

52:12 – 52:4018

I also want to emphasize that Downtown Experiment is more than just a nightlife venue. We believe in contributing to a vibrant and safe and inclusive downtown. We're eager to work with the city, local organizations, our neighbors to host events and bring people together and reflect a pride we all have in this community. My goal in this downtown experiment is to be a model and a responsible nightlife. One that enhances energy in the downtown while prioritizing safety and respect.

52:41 – 53:0618

In closing, I want to express that this process has been an opportunity for reflection and growth. I'm fully committed and working hand in hand with the city and with our community to ensure that Downtown Experimenting operates at the highest standard together. I believe we can create a safer, stronger and more vibrant downtown for everyone. Thank you for your time and I welcome any questions or feedback.

53:06 – 53:230

Thank you. Point of process, please wait until you're called. There's a bunch of cards here. They're in no particular order. So please wait until your name is called to come up. The next card I have is Danny McGuire, please. Good morning.

53:23 – 53:4711

Good morning, commissioners. My name is Daniel McGuire. I am co owner of the Downtown Experiment. I would like to share some of the history behind the building located at 3601 University Avenue and why this place means so much to us. About fifteen years ago, my brothers and I took a trip to New York City for another business that we operate.

53:48 – 54:2711

At that time, our insurance company headquarters was located in San Bernardino, but we were looking to relocate. We believe strongly in the potential of Riverside, and we wanted to move our business here. While we're in New York, we experienced the energy, the vibrancy of its downtown areas, the beautiful offices, restaurants, and nightlife. That experience made a big impression on us, and we started asking ourselves why couldn't we bring some of that back to Downtown Riverside. Upon return, we felt we came across the perfect building at 3601 University Avenue.

54:27 – 54:5711

At that time, the building had been completely abandoned for sixteen years. When we first walked through it, the old architect's desk still sat there covered in dust along with old paperwork and furniture that was left behind. But standing there on that corner, we saw something different. We saw potential. We believe that if we invested in that building, we could help bring life and energy back to the heart of Downtown Riverside.

54:58 – 55:2811

The owners of the property, the Spriggs and the Freeman families gave us an opportunity, what I truly consider the American dream. They trusted us enough to sell us the building on flexible terms, and we completed the purchase. From there, my family and I got to work. We laid tile, painted walls, and we put a lot of effort to bring that building back to life. Around the same time, we also opened Prohibition at another location in downtown.

55:29 – 55:5511

Through those ventures, we saw firsthand how much potential downtown had and how much people wanted places where they could gather and enjoy the city. Later on, we decided to transform the building into something that could continue contributing to that energy. To help bring that vision to life, we hired Davis Inc. Out of Costa Mesa, California. His phenomenal work we see we had seen in cities like Miami, Las Vegas, and Los Angeles.

55:56 – 56:2811

Today, that vision is what you see as a downtown experiment. My family and I have invested years of work, resources, and dedication into that building and into Downtown Riverside. We understand that there may always be ways to improve, and we are committed to continuing to work with the city and the community to operate responsibly. All we ask is for the opportunity to continue the work we have invested so many years into and thank you.

56:290

Thank you, sir. Next card is hold on. Cesar Maguire please. Good morning.

56:38 – 57:0621

Good morning. My name is Cesar Maguire and apart from all of our other family entities, I'm here actually representing Avogro. Avogro is a local business here in Riverside, California. Avagirl is actually a soil amendment specifically made for water conservation. Even though Avagirl is a for profit company, our goal is to turn our city concrete jungles into green eco friendly surroundings, but also breathe in healthy air.

57:07 – 57:5021

We have also worked with nurseries such as Moon Valley Nurseries here in Riverside, California to reduce their water usage at their operation. As such, Avagro with the assistance of our other family businesses, I have gifted green parks and gardens to entities such as Vermont Elementary in San Bernardino, Heber Elementary in Heber, California, and the Cesar Chavez Community Center here in Riverside. Each one of these donated projects have cost between 50 to $250,000 all gifted by the Maguire's. The Maguire's continue to give back to our local communities but none of it would actually be possible without the financial support of businesses such as Downtown Experiment. And as such I strongly oppose the revocation of Downtown Experiments MCUP. Thank you.

57:510

Thank you sir. Jorge Hernandez. Good morning.

57:58 – 58:3022

Good morning. Good morning, commissioners, chairwoman Wilson. My name is Jorge Hernandez, and I serve as the director of operation for multiple Maguire Business Group Ventures, including Downtown Experiment. In my role as a director of operations, my number one priority is always the safety of our guests, our staff, and our surrounding community. I understand the responsibility that comes with operating a nightlife venue in Downtown District, and I take that responsibility very seriously.

58:30 – 59:3222

Today, I would like to share several proactive steps we have taken as an organization to strengthen our operation standards, improve accountability and anticipate future needs. First, we have conducted a full review and overall of our standard operation procedures to ensure that every employee, including myself, is held to the highest level of professionalism, responsibility, Job descriptions and operational guidelines for servers, security personnel, bartenders, and management have been thoroughly evaluated, updated, and clarified to reflect the realities of today's Nylab environment. These procedures will not remain static. They will be reviewed on a regular basis to ensure that the downtown experiment team continues to operate safely, efficiently and in full compliance with the city expectations. Second, we have made significant investments in our security and monitoring.

59:32 – 1:00:1822

Our surveillance system has been extended to include six additional exterior cameras and 29 interior cameras, giving us a full visual coverage of the entire venue. In addition to that, we have included as part of our entry metal detector used as the TSA level. We have relocated our entrance line for the venue to be inside of our front patio to avoid any obstruction of the sidewalk. Addition, while we have always maintained an open line of communication with the Riverside Police Department, we are committed to strengthening that relationship even further. As part of that effort, we have implemented a new ID verification system.

1:00:18 – 1:01:0122

Every guest entering downtown X-ray must present a valid identification card which is scanned and recorded. This system will allow us to accurately verify, prevent entry of problematic individuals and detect any false documentation. Also providing law enforcement with reliable information in a timely manner. Understand that the clear communication and mutual trust between the city and local business owners is essential to the continued success of the downtown entertainment district. I want this commission to know that I am fully prepared with the complete support of ownership to take responsibility for maintaining those standards and working closely with the city moving forward. Thank you.

1:01:010

Thank you. Tyrone Wilkerson, I believe that is. Good morning.

1:01:08 – 1:01:5323

Good morning. My name is Tyrone Wilkerson. I'm the CEO and owner of MIB Security. I'm also a private investigator in the area. I've been in business for over twenty five years, and I specialize in nightclub and event security. And I'm also a resident and a homeowner here. I live in Ward 1 up in the Wood Streets. I raised my family here. My daughter had had went to CSDR. My kids went to all the local schools. I have nieces and nephews in the local colleges. And pretty much even my parents are buried at Riverside National Cemetery. Rest in peace. Basically, I just wanted to deal with the issues of the citation that I was issued. I've been in business for twenty five years as I said.

1:01:54 – 1:02:3323

I've never been issued a citation before. And this one that I was issued was issued in regards to two other places. Guess I was being on the citation that stated that I did security for Worthington. I've never done security for Worthington. The other one was for Dukes, and that guard does have a guard card. He just forgot it that night. Not to make light of any situation, but even the shooting that happened at DTE, that was in daytime hours. It was not during the nightclub. So I kinda feel like it was painted to where that there was the packed nightclub and the shooting happened and it was pandemonium. You know, that's it's not a good situation, but it it was in daytime hours.

1:02:33 – 1:03:0023

And we still have made have taken necessary steps to make sure that doesn't happen in the Other than that, you know, be working with the McGuire brothers, they give me a full budget to do whatever I need to do in security. They take all of my recommendations. They let me implement them. And my relationship with you and also with the Riverside Police Department is paramount to my success. And any input that I can get from you is much appreciated. Thank you.

1:03:01 – 1:03:130

Thank you. Forgive me if I mispronounce your name. Jose, is it Deolos? De De Dios. Good morning. And my bad for mispronouncing your name. Hi.

1:03:1424

Good morning. Thank you for allowing me to speak. I've been with MBG and the McGuire brothers for almost fifteen years now as management of of every single one

1:03:2325

of their

1:03:23 – 1:04:0324

venues. I've always had an amazing relationship with RPD. All the sergeants, lieutenants that come and gone. In fact, to being present in front of our venues, drive around, offering them, of course, you know, a place they can come to as well for a restroom, for for waters, for anything, but they've always been an essential part of our organization because we we we we appreciate the presence. We appreciate the the coming from a police background and also a family, I require it, and I I love that that they're there.

1:04:04 – 1:04:2824

I've never had any issues. I've always supported them and even in situations that we've had in front of prohibition, in front of any situation from taking down a predator to you know, anything we can do. We always been able to provide them service. That's what I've been doing for the last fifteen years with them and I'll keep doing that. Thank you very much.

1:04:28 – 1:04:530

Thank you. It's my understanding that we might have a few people online. We'll take a break from in Chambers comments and let a couple of people online speak. Good morning. Can you hear me? Caller?

1:04:5326

Yes, I can.

1:04:540

Please go ahead. You have three minutes.

1:04:5526

Yes. Can you hear me?

1:04:58 – 1:05:3926

Steve Figueroa. And I'm a resident of downtown, and frequently walked there. And I'm I'm you know, I've never encountered any problems there. And I'm also on sit on several charity boards, and I can't thank the Maguire's enough for providing the charity. Now how does that reflect with the restaurant? Their success has helped us be successful. Successful. Their interaction in the community has partly made Riverside thrive. I've been here for twenty years. My family's been associated for Riverside for forty years, including my former uncle, Mike Figueroa, who's deputy chief.

1:05:40 – 1:06:2126

So, I mean, we we've always you know, I we feel safe. I've been to Downtown Experiment. I've enjoyed myself. I've I myself, when I walk in there, you know, they you're patted down. You're checked. They ask for your ID. And I just like to think that, you know, I I would ask, you know, the the city reconsider this in its entirety and and look at the real facts. And I know everybody's put a lot of hard work in there. And for that, it's even gonna get be better than it is. And we would hope that you look at everything and the effects that the Maguires have had on the city of Riverside, not just in employing, what, a couple 100 people.

1:06:21 – 1:06:5626

And and I I hate to think all the people that would lose their job, but they're they're small business because it's thriving. Downtown Riverside is thriving. Many Riverside was dying when I came in. It was full of antique stores. But because of their business knowledge and and promise, Riverside is now thriving. And I think of all the hotels that are benefiting. I also think of all the, you know, all the tax revenues the city's receiving. Now that alone, you know, I I I do have full confidence in their safety, and I wanna thank you. Bye bye.

1:06:56 – 1:07:150

Thank you. Miss caller? Okay. Okay. Moving back to Chambers then. C. G. Charis Godwin perhaps? Did I say your name wrong?

1:07:1527

Yeah, it's Carys Godwin.

1:07:160

Good morning,

1:07:17 – 1:07:4627

new My manager and name is Carys Godwin. I serve as the Chief Financial Officer of the Downtown Experiment and the McGuire Group. My purpose is simply to present a clear financial context about Downtown Experiment operations and its economic footprint in Riverside. Since opening in August 2020, Downtown Experiment has generated more than $20,200,000 in taxable sales. From those sales, the business has remitted approximately 1,800,000 in sales tax.

1:07:46 – 1:08:2027

The property associated with the venue has generated roughly $179,000 in property tax. The business has paid more than $108,000 in city license and permit fees. Beyond taxes and fees, the business has invested more than $1,000,000 in security operations and personnel reflecting a commitment to maintaining a professional managed venue in the downtown districts. The venue has also supported significant local workforce. Over five point five years the business has distributed more than $4,200,000 in payroll.

1:08:21 – 1:09:1927

The sales tax follows the standard 8.75% Riverside rate. Of the $1,800,000 generated, approximately $1,200,000 flows to the State, about $50,000 to County allocations, roughly $101,000 support Measure A funding and approximately $404,000 is tied to the city related portions, including the local city share and Measure Z, City Service funding. These figures show how the taxable activities associated with the venue distributed across government funding streams. Finally, we have prepared a conservative contextual model to estimate broader activities associated with the venue visitors. Using conservative assumptions, roughly 350 visits visitors per operating night over five point five years, the venue may have supported approximately 385,000 downtown visit.

1:09:19 – 1:09:4927

Based on modest spending assumption, that visitation could translate into a staggering figure of approximately $8,000,000 in surrounding business activities, including dining, transportation, retail and tourism. These are illustrative estimates presented for contextual understanding. These figures are offered as economic context for the Commission's consideration. These do not substitute for the operational compliance measures already been addressed separately. Thank you for your time and attention.

1:09:49 – 1:10:010

Thank you. George, no last name? Vera George, come on up, sir. Good morning. Good morning.

1:10:03 – 1:10:4814

My name is George Young. I provide the cameras for Downtown Experiment. They have about 28 cameras, 1080p, five cameras that are four k that are mounted outside. On-site, there's about two weeks worth of recording time. They spend about $20,000 on that system to put in there. At any one time during the day or during the night, they can pull audio and they can pull video. Other than that, that's all I had to say. Thanks.

1:10:480

Thank you very much. Melissa Lopez? Good morning.

1:10:59 – 1:11:2028

Good morning, commissioners. My name is Melissa Lopez, and my role at Downtown Experiment is an event coordinator and marketing director. I'm also now a director on the board for RDP. I want to take a moment to share what our space truly represents in the Riverside community. Our venue was created with the intention of being more than just a place of nightlife.

1:11:20 – 1:12:0128

It was designed to be a space where community creativity and opportunity can come together. Throughout the years, we have hosted a wide range of events that are meant to bring people together in a positive and meaningful way. These include community pilates, wellness events, holiday celebrations that are open to the public, themed community events, giving the people of Riverside a safe and welcoming place to connect. Beyond events, Downtown Experiment also creates real opportunities for people in the city. We employ local staff, work with local vendors, and collaborate with small businesses entrepreneurs who are truly trying to build something of their own.

1:12:01 – 1:12:4028

Many individuals who are passionate about event planning, entertainment and hospitality use Downtown Experiment as a platform to host their first events and growing their businesses. For many of these entrepreneurs are spaces where their ideas become reality. It allows them to test concepts, bring together people, and create economy activity within the community. Our goal has always been to be a positive contributor to Riverside. We want to continue to create a safe space, organize events, and provide jobs, supporting local vendors, and giving the community a place to celebrate milestones, holidays, wellness focused gatherings.

1:12:42 – 1:12:5628

Closing our venue would not impact our team but it also hurt many local entrepreneurs, vendors, and community members who rely on this space for opportunity and connection. Thank you for your time and consideration.

1:12:560

Thank you. Joe Ramos.

1:13:090

morning.

1:13:13 – 1:13:4225

Good morning commissioners, madam chair. My name is Joe Ramos and I am the executive director with the Miracles and Dreams Foundation, a five zero one c through nonprofit based right here in Downtown Riverside that is funded and founded by the Maguire family. I'm not here today to speak about citations or municipal code. What I'd like to speak about instead is the very real and measurable impact the Maguire family has had on the youth and families of Riverside through the Miracles and Dreams Foundation. The Maguire family has consistently shown that they are deeply care about this community.

1:13:42 – 1:14:2625

Through both their business and charitable work, they have invested significant time, energy, resources into helping Downtown Riverside grow and succeed. And they are not alone. Many residents, families, and local business owners in Downtown Riverside have expressed their appreciation for their work and their support for their continued presence in this community. While the foundation now serves communities throughout Southern California and even into Mexico, our four major events take place right here in the heart of Downtown Riverside. Those events include our annual Easter egg hunt in North Park which will take place in a few short weeks, our annual back to school kickoff and backpack and school supply distribution, our student scholarship program and Miracle on Main Street, our toy drive at community fair which is going on its fourteenth year.

1:14:26 – 1:15:1225

Together, these programs help nearly 7,500 local children from this community every year. They also represent more than $50,000 annually that the Maguire family personally invests to ensure that every one of these events is free of charge for local families and kids to enjoy. From my experience working directly with them, I can say with confidence that if the Maguire family is given the opportunity to address any concerns involving Downtown Experiment, they will approach it with the same urgency, responsibility, and commitment they show through their charitable work. And at the end of the day, business may come and go, but the impact we make on the lives of our children are forever. So I would simply ask that when decisions are being made, this commission also keep in mind that thousands of Riverside children and families whose lives have been positively impacted by the Maguire family's commitment to this community.

1:15:1325

Their actions over this past decade speak far louder than any single issue before you today. Thank you for your time and your consideration.

1:15:19 – 1:15:340

Thank you. I believe we have another caller online. Yes? Good morning. Can you hear me? Yes.

1:15:37 – 1:15:5629

Good morning, Matt. It's fair. My name is Andy Melendrez, and I'm calling on behalf of the Maguire brothers. I've known the Maguyars a little less than twenty years. I also have property about a 150 feet from the downtown experiment location.

1:15:57 – 1:16:3329

And I've also participated in their Miracle and Dreams Foundation over over the years, and they have been exceptional business partners in the downtown area. You know, when I was looking at this report, I I couldn't imagine the Maguyars or Marco Maguire not responding to the request. I mean, he is very responsible. He does respond, wants to make things better, only for his business but for the surrounding area. Just a small point of reference.

1:16:33 – 1:17:1529

I have property about 150 feet. Prior to them opening their businesses, I was having difficulties with some of the homeless breaking our windows, peeling some of the woodwork off the building and causing those kind of damages. Since they've opened up, I have not had any damage to my business. It has been positive for my property on just 150 feet away, but it's also brought a certain vibrancy to community. One of the things that I didn't notice about the report, there was very little staff engagement.

1:17:16 – 1:17:3329

And I think if that staff engagement were to occur, a I think we'd have a better sense of the business and staff would also have a better sense of what is going on there. But thank you so much for the comments opportunity to comment, Madam Chair, have a wonderful morning.

1:17:330

Thank you. Are there any other callers online at

1:17:3613

this time?

1:17:3726

Speaker All

1:17:48 – 1:18:030

right. Next in my hands, Art. No last name. Is there an Art? Good morning.

1:18:05 – 1:18:5030

It's Art Alcaraz. And I'm not here to discuss the validity of calls but attorney Kim presents some viable content regarding the integrity of the data presented against the downtown experiment And I appreciate hearing all of that. Rather, I'm here to talk about the character of the Maguire brothers and my experiences with them. You know, from modest beginnings to becoming an accomplished entrepreneur, the McGuire brothers have consistently demonstrated a commitment to the community. Their business generates revenue for the city as mentioned previously and visitors really appreciate services that the establishments provide them.

1:18:50 – 1:19:3830

They actively support various community events and they've contributed to scholarships. They've organized back to school giveaways. They facilitated fundraisers through the Miracle and Dreams project and they provide valuable services to residents and community. Marco Maguire I know the best of the brothers and you know he exhibits a very strong business acumen and over the years I've asked him, what does it take to manage multiple successful ventures? And you know, while some lessons he says come from experience and previous mistakes, he recognizes that you have to understand your customer base, you have to meet their needs, you have to maintain a profit, you know, to continue being successful for both family and community.

1:19:38 – 1:20:1630

He's also shared some of his entrepreneurial insights with students in one of my business classes at UCR. He offered practical advice and engaged with them very effectively about the realities of building a successful enterprise. Emphasized with students the importance of balancing customer service, of identifying your customer base, maximizing profits and supporting community causes. Emphasized the importance of giving back to the community and he does that in a large way. He also added that it's important to receive support from the city, from community, from friends and family.

1:20:16 – 1:20:5330

He left my students with a good footprint of what it takes to make it in today's business world. He also emphasized with students the importance of having a viable business plan, identifying strategies and steps to guide the business. You know, given this, I respectfully request that the Planning Commission appreciate Marco Maguire's businesses and acknowledge the positive contributions they've made to our city and downtown area and treat his businesses with impartiality, ensuring that they receive fair treatment consistent with that afforded to other establishments in the downtown area. Thank you.

1:20:54 – 1:21:050

Thank you, mister Alcaraz. Carla. No last name. Carla? Good morning.

1:21:05 – 1:21:3831

Good morning. My name is Carla Cantu, and I'm a Riverside resident and proud UCR alumna who works closely with several nonprofit and community organizations, including Latino Network and the Spanish Town Heritage Foundation. As a host at Prohibition, one of the Maguire brothers locations, I witnessed firsthand the direct impact their businesses have on our community. They create spaces where people can gather, enjoy meaningful moments, and celebrate milestones together. These spaces build connections in our city and contribute to the life, culture, and the local Downtown Riverside economy.

1:21:38 – 1:22:1931

The same care they show their community is also evident in the way they support their employees. They focus on collaboration, mentorship, and growth opportunities, and it reflects a vision that extends beyond business and into long term community investment. Through their nonprofit, Miracles and Dreams Foundation, they also encourage guests and local partners to invest in their communities, support the youth, and promote educational opportunities that help build the next generation of leaders. Their businesses, generosity, and spirit of giving contribute to the beautiful energy and culture of Downtown Riverside. They provide meaningful employment opportunities while supporting our local culture and economy.

1:22:20 – 1:22:3431

I hope the city will continue working with the McGuire brothers towards solutions that allow local businesses to grow while keeping our communities safe and thriving with those priorities remaining at the forefront of their operations. Thank you for your time.

1:22:340

Thank you. Selena Rodriguez.

1:22:48 – 1:23:0632

Good morning everyone. Sorry. My name is Selena Rodriguez and I'm the Director of Riverside Athletics Facility, also known as RAF, a Maguire family business under the Maguire family, sorry. I don't like doing this.

1:23:060

Take your time.

1:23:10 – 1:23:3732

Our business focuses on youth, fitness, health and sports, helping young athletes build confidence in everything that they do. In my experience, the Maguire businesses are built on values. Values that are passed down from generation to generation. Values like trust, integrity, hard work, and giving back. The values shape not only how RAF operates, but also how it connects with the people around it.

1:23:40 – 1:24:3132

When thinking about businesses, we often think about profit, growth, competition. But for the Maguire family businesses, the true measure of success is far beyond financial numbers. Their success is measured by the relationships they build and the people that they support and the communities they help grow. One of the most powerful ways the Maguire family makes a difference is by working with nonprofit organizations, organizations, not only the Miracle and Dreams Foundation, but also other organizations such as Empowering Pathways three sixty five. An organization we've partnered with to build inclusion by offering enhanced cognitive, behavioral and social development for youth and adults with special needs through sports and movement.

1:24:32 – 1:25:0632

By partnering with local charities, community groups, and service organizations, they help support causes that really matter to the community. Whether it's supporting community events, donating resources, volunteering their time, helping raise awareness. These partnerships create opportunities that really make change. But what really I'm sorry. But what makes this especially meaningful is that it's not just about writing checks for the Maguire family.

1:25:06 – 1:25:3432

It's about showing up, being present being present in the community relationships and supporting the mission of these organizations that help to change lives every day. In many ways, the growth of a business is tied to the success of a community and this is truly how the Maguire family and their businesses have built their legacy. Not just through products and services but through the impact and the lives that they've touched and helped to change. Thank you.

1:25:34 – 1:25:500

Thank you. Andrea, I think that is, no last name. Good morning.

1:25:5031

Good morning.

1:25:53 – 1:26:2933

My name is Andrea. I'm a single mother. Every day, work hard to provide for my children. To guide them, most importantly, to keep them on the right path. Like many parents in our community, our biggest fear is seeking our kids falling into the wrong environment simply because they don't have positive opportunities. This is why I'm here today. Businesses like DTE, not just business is not is not just a business in our community. They are part of the support system that helps keep our kids moving in the right direction. Through their sponsorships, they help support our youth football program and kids like my son who play for the. Toros.

1:26:29 – 1:26:4833

For many of these kids, football is just more than is more than just a sport. It keeps them disciplined. It keeps them structured. It surrounds them with coaches, teammates, and mentors who push them to do better both on and off the field. As a single mother of five, programs like this truly help families like mine.

1:26:48 – 1:27:3333

They give our children a positive outlet, something to be proud of, and something to focus their energy on. When businesses like DTE step up to support these programs, they're investing in our children and the future of our community. If DTE were to be shut down, it would most would not just impact a business, it would take away from our vital sources of support that helps provide opportunities for our kids. And for many of these children, losing that support would be truly tragic. Our youth deserve places that believe in them and invest in them. The partnership between local businesses and youth is something that straighten strengthens families, strengthens our entire community. I respectfully ask that you consider the real impact this decision could have on families like mine and many children who benefit from these opportunities. Thank you.

1:27:330

Thank you. Orlando Castano, I believe, Junior.

1:27:40 – 1:28:2234

How are doing? Thank you Madam Commissioner and Commissioners. My name is Orlando Castano. I'm an attorney I am the actual attorney to handle the hearing almost exactly a year ago on March 5 under file number 250025 brought by deputy city attorney Jacob Kresserhan who I see sitting here in the audience. In that hearing and attaching and I guess looking at exhibit five of the of the packet everything that was listed in 2024 and 2020 three one hundred percent of all those items were also in that hearing a year ago regarding this invoice.

1:28:25 – 1:29:0534

Mister Kochner brought four witnesses. I was able to examine all four and cross examine them, and not one of them could tell me what was in the reports. Not one of them could tell me the details. I asked for reports. And just like now, we've never gotten the police reports. We didn't get the police reports. And in that instance, as you heard from mister Kim, the entire invoice was dismissed because they couldn't establish that anything happened related to Downtown Experiment. The argument, like you heard many times, is if something happens, Downtown Experiment has the biggest sign on that corner. You could be across the street at Worthington. And if something happens and you're calling 911, point of reference is I'm across the street from DTE.

1:29:05 – 1:29:4734

And that's what happens most of the time. And one of the things that I found interesting from a year ago that there were 247 entries with 79 incidents and 51 of those happened on Mondays or hours in which the business was not even open. So you had twenty eight actual days over a seventeen month period. Now one of the things I would address also is the expense of these downtown experiment cameras that Howell has assisted Riverside PD. One of the detectives name not listed before is doctor detective Matson.

1:29:47 – 1:30:2834

Detective Matson called me personally on my cell phone around October, I think, asking for footage investigating. It was a murder. Nothing to do with DTE, but he knew I represented DTE in a civil lawsuit in which I deposed him. In that deposition, a person claimed that he was hurt at DTE. Detective Matson testified that none of none of the MIB or security employees ever hurt or was involved in that. That case ended up being dismissed. No findings against MIB. No findings against DTE. And Mattson investigated that case. And because of that relationship, he knew who I was.

1:30:28 – 1:30:4334

He asked for footage. We immediately gave him footage to help solve or assist in an investigation of a murder. Because of those outside cameras, we were now able to get angles that we didn't have before. And that helps the city of Riverside in their cases.

1:30:435

Thank you.

1:30:46 – 1:31:120

Thank you. So we still have quite a few, comment cards ahead of us. My goal is to get halfway through and then maybe take a five minute break. Is everybody on the commission okay with that? Okay. We'll take a few more. Elias. Good morning.

1:31:17 – 1:31:4635

Good morning, madam chair, commissioners. My name is Elias Teschomma. I'm a business owner and a property owner here in Downtown Riverside. I operate several businesses, including Lift Coffee Roasters, and I have been part of the Downtown business community for many years. I've known Marco Maguire and Maguire Brothers for over two decades, and I've watched them build businesses that have contributed significantly to the totality of growth in of Downtown Riverside.

1:31:47 – 1:32:3435

Their establishments have created jobs, supported local events and helped attract people to our downtown district. From my experience, Marco operates with professionalism and understands the responsibility that comes with running hospitality business. Like many of us in downtown, he's invested in maintaining safe and thriving environment for residents, visitors, and other businesses. Downtown Riverside benefits from responsible operators who are committed to improving community, and I believe Marco and his team have demonstrated that commitment over many years. For those reasons, I respecting support allowing them to opportunity to continue, operate and contribute to the downtown business community.

1:32:3435

Thank you for allowing me.

1:32:35 – 1:32:590

Thank you. Okay. Any other callers online at this point? Cruz, maybe? Good morning.

1:32:59 – 1:33:3215

Good morning, everyone. My name is Miguel Cruz. I'm the business owners of Cruz Custom Tailors here in Downtown Riverside on 9th Street. And I'm here to formally recognize and commend Danny Maguire, a businessman with whom I have the privilege to work in many years. And throughout this time, he has consistently demonstrated integrity, professionalism, and a strong commitment to ethical business practices.

1:33:33 – 1:34:2915

Mister Maguire is an honorable businessman whose leadership has contributed significantly to the Riverside community and Riverside economic growth. His dedication to supporting local initiative, fostering business development, and strengthening the community reflects both his character and his vision for long term prosperity. It is without hesitation that I offer my full support and endorsements to Danny Maguire. He's a respected leader whose contribution whose contribution continue to make a meaningful and lasting impact. I wanna thank you for your time and consideration, and I am very sure that your good decision will make a great impact to our community.

1:34:2915

Thank you.

1:34:30 – 1:34:520

Thank you, sir. Patty? No last name. Was there a Patty? Good morning.

1:34:5231

Good morning. My name

1:34:55 – 1:35:3836

is Patricia Marella and I've been working at Downton Experiment for four years as a cashier. During this time, this job has not only given me stability, but it has also allowed me to learn about the business and grow within the company. Downtown Experiment is truly a place of opportunity. Over the years, I have seen how the business constantly works to improve and innovate in order to create an environment that customers enjoy and want to return to. Many of customers come back regularly.

1:35:38 – 1:36:2736

We get to know them, and every weekend becomes an opportunity to welcome them. I'm sorry. Whether they are celebrating the end of a long work week or a special occasion or simply enjoying the start of their weekend. I'm I'm proud to be part of team that works together to create events and experiences for the community. Because of downtown experiment, we also receive visitors from other cities and even other countries who come to recommendations, and it's very rewarding to see them live happy and take with them a positive memory of Riverside.

1:36:28 – 1:37:0436

Downtown Experiment is part of this community. We maintain good communication with neighboring business, with workers from other establishment, and even with the police. We always show respect and appreciation police, because we all share the same goal, to create a safe and welcoming environment for everyone. I want to say that I feel very proud to work at Downton Experiment. It's not something negative for our city.

1:37:05 – 1:37:1736

On the contrary, it is a business that contributes to the community, creates jobs, brings people together, and add values to Riverside. Thank you so much.

1:37:17 – 1:37:330

Thank you, miss. Will you please say your last name again? Vavella. With a v? Okay. Thank you. So I have another card that has just Patty on it. Is there a Patty? Another Patty in the house? Okay.

1:37:34 – 1:48:590

Seeing none, I'm going to ask us to take a five minute break. We're about halfway through comments. We'll be right back. Thank you. Okay we're back.

1:49:00 – 1:49:150

I know I got a big mouth but I wasn't hearing myself well enough. So thank you all for your patience really appreciate you giving us a five minute break. We're gonna go ahead and resume with public comment, starting with Elizabeth Duran. Are you here? Come on up.

1:49:21 – 1:49:3737

Hello. Good morning. All right. My name is Elizabeth Duran and I'm the owner of Maki Sushi and Cocktails in the Riverside Food Lab. Elizabeth I am here today to speak in support of the ownership and operation of DTE.

1:49:38 – 1:50:1637

As a fellow business owner in Downtown Riverside, I understand the level of responsibility it takes to run a business in this community. That is why I felt it was important to come here and speak about my personal experiences with Downtown Experiment. Over the past few years, I've made many casually visiting, but also celebrating important milestones for my own company. I've hosted my restaurants one year and two year anniversary parties there with my staff and colleagues. Every time have been there, I have felt safe, welcome, and confident bringing people into that beautiful modern space.

1:50:16 – 1:50:4537

They have really brought such elegance and iconic design to Downtown Riverside's nightlife environment. They have a lot more to offer than just a fun nightlife. I have also been there during paint nights, karaoke events, and even taken Pilates lessons there. They provide a safe and enjoyable gathering place for people to unwind which is a part of what makes Riverside so appealing to the visitors who keep our economy alive. As a neighboring business owner, safety and professionalism matter deeply to me.

1:50:45 – 1:51:2937

My experiences at DTE have consistently reflected a business that takes those responsibilities seriously. What also stands out about these owners is their involvement in Riverside goes far beyond just running a nightclub. They support charitable events through the Miracles and Dreams Foundation and have invested in projects that benefit the community such as the Riverside Athletic Facility which provides local kids with an indoor space to train and practice sports. That kind of investment shows the type of character and commitment that they have to this city. I also want to emphasize that these owners bring extensive experience in hospitality and in operating other successful businesses.

1:51:29 – 1:52:1737

Downtown Riverside has many bars and nightlife venues and managing them responsibly requires real knowledge and professionalism. If a business with this level of experience structure and management that DTE has is considered unqualified to operate, it would raise serious questions about whether anyone else in the area is qualified to meet those expectations. From my perspective as both a customer and a fellow downtown business owner, DTE has been a positive and responsible part of our community. I believe the city should work together with its businesses to find solutions rather than dismantle them. We business owners need to trust that our city wants to succeed so that we can in turn continue to confidently invest in this beautiful city that we call our home.

1:52:1737

Thank you.

1:52:18 – 1:52:290

Thank you. Steven Figueroa. Steven here? Steven Figueroa. Alright.

1:52:32 – 1:52:450

Is there a Daisy Padilla in the room and a Mark Lazarus? You can just line up over on the side. We'll call you next. Miss Daisy, go right ahead.

1:52:45 – 1:53:2038

Good morning, commissioners. My name is Daisy Padilla and I'm a project manager for the MBG company. In my role in my role, I oversee the maintenance repairs, cleanliness, and overall aesthetics, standards of the venues. My responsibility is to ensure that our, locations are poorly, properly maintained, safe, and presentable for public and our staff. We are fully committed to maintain high standards and operating in compliance with all the applicable requirements.

1:53:21 – 1:54:0038

We also remain open and re receptive to any suggestions or recommendations provided the com commissionary. Has our goal is to continuously improve and operate. And address any concerns in constructive and cooperative manner. I also have a very good relationship with the fire department and the health department when it comes to. Any inspections any permit and everything and also with the city of Riverside. And has personally, I always like to commit to the city of Riverside with any department to make sure we bring any protocol up to update. Thank you so much for your time.

1:54:00 – 1:54:200

Thank you. Mark Lazarus, please come up. Is there an Aubrey here? I don't see an Aubrey. Before you start, is there a Bobby in the house? Oh, are you Aubrey? Okay. Please line up over on the side and I'll call you next. Go ahead, sir.

1:54:2139

Good morning. Thank you very much for allowing me to speak. I appreciate you guys. My name is Mark Lazarus. I'm a personal injury attorney.

1:54:27 – 1:55:0739

I have been practicing in the Riverside area for twenty five years. I have seen the area improve in those twenty five years, And I came to know the McGuire family about eight years ago in supporting one of their charity events with Miracles and Dreams. I have found that these people have a very prominent role in the community as leaders to help people in this community. I have seen over the last eight years, people come back again and again to miracles and dreams events. Children who were first beneficiaries of the events are now volunteers helping the next generation.

1:55:07 – 1:55:2939

This family has helped to make families in this area better. Which makes them accountable. And I think what's very very important for this board to know, or this council to know, is these people are accountable. When you have brought things to their attention, they have fixed them. They have done so in the most expeditious and reasonable fashion that you can imagine.

1:55:29 – 1:56:0239

Hopefully, you have trust in them to continue to allow them to make adjustments whenever necessary because they are an accountable group of people. I think that allowing the business to continue to operate is in the best interests of those who work there. The business and the community. They are going to continue to allow this city to have tax revenue as an aside. And really, they have helped to make this downtown area.

1:56:02 – 1:56:3639

I've seen it grow so much in the last ten years and improve. I can't imagine that you would want to not allow them to do this and to continue to support them as they continue to support you. It appears to be a good relationship between the business and the council. If I were to ask, I would think that you would know my vote is please don't do this. If there are remedies that are less drastic than termination of the CUP, then I would suggest that you guys explore that if necessary.

1:56:36 – 1:56:5539

But again, the accountability of these people, I don't think you're gonna have that issue. And we will continue to support their efforts in doing whatever they need to do to be compliant and also to support the community with them. I really do feel that they're just a a very important part of this this whole community here. So thank you, guys.

1:56:550

Thank you. Aubrey, come up, please. And is there a Bobby here? Please line up on the side. I'll call you next. Go ahead, miss Aubrey.

1:57:07 – 1:57:5240

My name is Aubrey Johnson, and I have been working for MBG for three years now. I came into this industry with zero experience. This company has given me plenty of opportunities to grow, allowing me to represent their establishments by booking events like banquets, corporate events, and gatherings. Downtown Experiment isn't only a nightclub. It serves as a multiuse space throughout the evenings by bringing in businesses and patrons to the downtown area, allowing more revenue to generate while keeping Riverside a hotspot. This decision wouldn't just remove a venue, it would remove the hard workers that essentially allow this establishment to bring in the amounts of revenue it does to the city. I kindly ask that you all consider other solutions to keeping the downtown area safe before making such a permanent decision. Thank you.

1:57:54 – 1:58:110

Thank you, Aubrey. Bobby, is there a Jaden in the room? Jaden? No Jaden? Before you start, Bobby, one moment. Is there a Daniela? Okay. Go ahead.

1:58:11 – 1:58:4041

Good morning and thank you My for your time for listening us name is Bobby Dozier and I've been with the McGuire brothers for the last six years. I'm here today to give my testimony not only for me, but for over the 100 employees that the McGuire brothers employ. MBG Lifestyle Group has provided me with endless opportunities. I have been a part of the Downtown Riverside Hospitality Network for the last decade. And with the last six years with being with the McGuire brothers, I've been able to be part of many events that MBGS created and with local businesses and city partners.

1:58:40 – 1:59:1041

While safety is an important and top priority for the city of Riverside, closing down our establishment would not only hurt its employees, but our city. Over a 100 employees rely on our establishment to support ourselves and our family. We've been a part of the Riverside nightlife and local economy for over the last seven years and has been given our people and visitors a sense of community and experience for everyone to come to join. I respectfully ask the council to address these concerns and work toward a better solution. Thank you.

1:59:110

Thank you. Daniella, is there Angel Rosales still in the room? You'll be next. Thank you. Go ahead.

1:59:21 – 1:59:3942

Good morning. My name is Daniella Ruiz. I have worked at this establishment for nearly three years as both a bartender and a manager. I am a single mother of two children, and like many parents, everything I do professionally is in service of providing stability and security for my family. This job has allowed me to do that.

1:59:40 – 2:00:1642

Losing this establishment would not only impact the owners of the nightlife scene, it would have a direct and immediate impact and effect on people like me who rely on it to support our families. Beyond the financial aspect, I want speak about the environment of the establishment itself. In the time that I have worked there, I have found it to be a place that prioritizes safety, accountability, and professionalism. As someone who works both behind the role, I see firsthand the efforts that go into maintaining a safe environment for our guests and for our staff. I have worked in hospitality for many years and I can honestly say that I have never felt more supported by ownership or by my team of coworkers.

2:00:17 – 2:01:0342

The culture here encourages responsibility, teamwork, and looking out for one another. That support extends not only to the staff but also to the community and the patrons who visit with us regularly. I also believe that this establishment plays an important role in Downtown Riverside and it provides a place for people to gather to celebrate, enjoy the city's nightlife in a structured and professionally managed environment. Many of our guests are regulars and the venue has become a meaningful part of the local social I respectfully ask that you consider the impact of revoking this license sorry, the effect that it would have on revoking the license the license for this business and also the employees whose livelihoods depend on it. For people like me, this job job represents stability, opportunity, and the ability to support our families.

2:01:0342

Thank you.

2:01:040

Thank you. Angel, come on up. Is there an Alyssa Garcia? Alyssa Garcia, Are you still here? Thank you. You'll be next.

2:01:145

Good morning.

2:01:150

Good morning.

2:01:16 – 2:01:385

My name is Angel Rosales, and I've I've had the privilege of knowing the brothers for over a decade. I currently work as a DTE bar manager, and they're beverage banner across all their venues. And that's a roll out. That means everything to me. In that time, that space has been more than just a workplace for me.

2:01:41 – 2:02:205

It has been a classroom. It has been a community and a launching pad for me. Knowing the brothers and working alongside has taught me what it truly means to be a business owner. How to build relationships, how to market, how to network, and how to show up for those people around you. They have been mentors to me in every sense of the word. And because of everything I learned from them, I've had the opportunity to start my own business. They gave me the knowledge, the confidence, and the inspiration to make that happen. I'm also a local proud. I live in the community, Spring Mountain Ranch. My daughters go to OLPH Catholic school here.

2:02:22 – 2:03:065

And DTE brings just a vibrant livelihood to to the community. I've seen firsthand the outreach events, the community gatherings, and the opportunity this space has created for entrepreneurs who are just starting out and need a place, to bring their vision to life. The venue gave me the same opportunity. It helped me shape who I am professionally and personally. Closing this space would rather just would rather just not affect a business. It would affect people like me whose life has been generally changed professionally and personally. I urge you to consider not just what venue what the venue is, but what it means to the people on Riverside. Thank you.

2:03:06 – 2:03:330

Thank you. Alyssa? And is there a Jen Martell still here? Before you start. There are Jen Martell. What about Javier? Javier. Tony? Alright. Go ahead, miss.

2:03:3336

Hi. My name

2:03:35 – 2:04:1031

is Alyssa Garcia and I work at Prohibition Restaurant in Riverside, which is part of the MBG Hospitality Group. I'm here today to share my personal experience working with this company. Since joining the MBG Group, my experience has been very positive and very meaningful for my professional growth. One of the things that has stood out most to me is the guidance and support that this company has provided for me and the people that work there. In my experience, the McWire brothers have created an environment where people are encouraged to grow, take initiative, and continue developing their careers.

2:04:11 – 2:04:4031

Their leadership has always emphasized professionalism, teamwork, and respect for the work that we do. Personally, I'm grateful for the guidance and mentorship I have received. Through their support, I have been able to grow professionally, take on greater responsibility, and continue building my skills in the hospitality industry. That kind of leadership makes a real difference in the workplace. It creates an environment where people feel motivated to improve, contribute, and take pride in the work they do every day.

2:04:41 – 2:05:0931

My experiment experiment experience working at Prohibition has been part has been important step of my professional journey. The encouragement, trust, and support I have received from the McGuire brothers have helped me grow professionally and both personally. I can thank you very much, and I appreciate the opportunity to share my experience with you today.

2:05:09 – 2:05:330

Thank you. Thank you. Tony, you're up. Is there a Peggy still here? Understood. Okay. I'm a let you go ahead. What's your name Tony?

2:05:33 – 2:05:4743

Thank you. Yes, good morning. So I'm a small business owner thanks to the family. That's why I'm here to support them. So the McGuire provided me with the opportunity to take over the Boro Rock Barbershop.

2:05:47 – 2:06:2443

Their willingness to extend that opportunity demonstrated not only confidence and trust, but also their commitment to investing in people and the growth in the community. From the very beginning, they've been nothing but supportive. And their leadership and partnership have vital to the ongoing development of Downtown Riverside. The Maguire Group consistently demonstrates integrity, vision, and genuine dedication to fostering economic growth to the community. Their support has allowed the Boardwalk Barbershop to grow, thrive while contributing to the success of Downtown Riverside. Thank you.

2:06:24 – 2:06:540

Thank you. It was brought to my attention just a minute ago that we have quite a few people online paying attention to this meeting. We're glad you're here. Just need to announce that if any of you that are online, are interested in giving comment, you have to raise your hand, for us to know that you wanna speak. So please keep that in mind, anybody that's online. Alright? Thank you. I called a Peggy. Is there a Peggy here? No Peggy?

2:06:56 – 2:07:130

Joe Ramos. Are you Okay. Sorry. Leone? Hello, sir.

2:07:13 – 2:07:5344

Hello. I'm Leone Pilaggi, co owner of Mario's Place. As a business owner on the same block as Downtown Experiment, I'm very concerned about the use of the CUP revocation as anything but a last resort, a nuclear option so so to speak. The Maguire family has invested and operated many businesses and created many jobs in Downtown Riverside well before it became fashionable or lucrative. We've been downtown for twenty five years in business in Riverside for forty five and we've seen downtown really change and develop and grow and they definitely qualify as pioneers.

2:07:54 – 2:08:2044

For this, they deserve the chance to respond and rectify whatever problems may exist. University Avenue has many bars and nightclubs in a fairly concentrated area. Young people imbibing en masse creates a very challenging environment. I personally witness large groups bar and club hopping up and down that avenue every night as I leave work to go home. Revelers migrate from one place to another in large groups and it can be chaotic.

2:08:20 – 2:08:5844

Disputes or tensions that start in one locale can flow into another very easily and escalate into altercations. It behooves all concerned to work together to make downtown nightlife scene safer, better and sustainable. These issues are not unique to Downtown Riverside and are growing pains. Changes may be needed to things or how things are currently being done, but I believe that there are other ways to discipline, encourage and shape it other than the nuclear option of CUP revocation. Please consider how drastic of an action this would be in the precedent that it was set. Thank you for your consideration.

2:08:59 – 2:09:230

Thank you, sir. I'm gonna go ahead and take the it's my understanding there's a caller online, but I have three more cards in my hands and Jeremy Leva, Diego Alba, and Mariani Martin Mariana Martinez. If you are in the room, please be ready. I'll be calling on you next. But I'll go ahead and take the caller that's online now.

2:09:290

Hello. Good morning. Are you there?

2:09:4246

Can you hear me?

2:09:430

Yes. Please go ahead.

2:09:47 – 2:10:1646

Good morning. Good evening. My name is Fabiola, and I work at this club since 2021. And I respectfully oppose to the proposal to close it. This job is really important to me and to many to my coworkers. We depend and we support ourselves and our families. For many of us, it's not just a job. It's our livelihood. I'm sorry. I hope you're considering the impact the impact that I'm so sorry. I'm so nervous.

2:10:160

Take your time.

2:10:1746

Do the same. Yeah. I hope you're the impact this decision will have on the people who work there. Thank you so much.

2:10:270

Thank you. I see you standing. What's your

2:10:3018

name? Jeremy.

2:10:300

Come on up sir.

2:10:3647

Good morning.

2:10:360

Good morning.

2:10:37 – 2:11:0347

Thank you for your time. My name is Jeremy Leva, a local business owner, small business owner right across street from DTE, plan b print and advertising. I've worked with the brothers for over twenty years. I've been in business in Riverside for eighteen years and not once have I had any issues with the location. The security guards know me.

2:11:03 – 2:11:4147

They still pat me down. Know, just it's part of procedure and that's what happens. To me, I'm kinda concerned why this is coming up because of the fact that if I had a situation that happened in the parking lot, which I had or broken into, first thing they're gonna ask, where are you? I'm in the parking lot. Which one? Next to DTE. That's common. I think if you break it down, you'll see you're gonna have calls like that. I'm right across the street. If something happens in front of my my location, the first thing they're gonna say Worthington's even though they're not in Worthington's.

2:11:41 – 2:12:0347

So just take that into consideration. The brothers are I'm on the board of the Miracle and Dreams Foundation. We do a lot for the community. As you could see, there's a lot of support here. I think if they weren't good people, you wouldn't see this. So please take that in consideration and thank you for your time.

2:12:040

Thank you.

2:12:20 – 2:12:5819

you. You for having me. I am Diego Alba. I own an investment group that I travel a lot. I'm in 50 states and we brought in our offices to DTE, one of these that we looked for because we're looking all over different areas. We generally stay in the Beverly Hill area, Hollywood Hills area. So we're looking for a safe place to be obviously also to bring families because investors come from all over The States. And the McGuire brothers opened their location for us and have nothing but positive things to talk about the place. It's safe, I bring my children, I bring my family. They bring investors from all over the 50 states do the same as well and we host meetings there.

2:12:59 – 2:13:4419

So, just wanted to obviously let you guys know that based on our experience and the time that we've been there, it's been a couple of years. We've had no incidents, we've been there throughout all the schedule of time. If you guys know business, it's all the time. So, we've had visitors come out and one of the things that they do and they've been able to do for us is maintain a safe place for them and somewhere where actually you can come in and feel like you don't have to go all the way to, as you guys know, everyone knows Beverly Hills, Hollywood, right? All over The States but here, we were looking for a place to call home and to be safe for families to come out and do business and this was the place for us so I just wanted to let you guys know that and to definitely consider that.

2:13:44 – 2:14:0819

I'm also part of their foundation and been able to help with that. The children that they help along with us being able to hire people from single parents to children in need. Have a child in need, especially this child myself and it's very important for us to give back and these brothers definitely do that and that's been our experience with them and I really do hope that you guys consider what I just shared with you. Thank you.

2:14:08 – 2:14:280

Thank you. Any callers online before we take our last card? Mariana, you can make your way up. This is the last card that I have in chambers. There's one caller left online. It's your last chance. If anybody else has anything to say, fill out a card. We'll be closing public comments shortly. Go ahead, miss Mariana.

2:14:28 – 2:15:0648

Good morning, commissioners. My name is Mariana Martinez. I've been the marketing coordinator at Downtown Experiment for over five years starting right after I graduated from Cal Poly Pomona. This wasn't just my first job. It became the foundation of my career and my life here in Riverside. The Maguire brothers believed in me early in my career and gave me the opportunity to grow professionally. Their support has allowed me to continue developing in my field, and today, I'm currently in graduate school pursuing my MBA while continuing my work here. Downton Experiment is more than New Vania. It's the bartenders who support their families. It's the security staff who work hard to keep guests safe.

2:15:07 – 2:15:3548

It's managers and employees who have built their livelihoods around this place. I'm currently pregnant with my first child, and stability matters deeply to me right now. If DTE closes, it's not just the business decision. It affects real people, real families, and their futures. We understand there have been concerns, and we're committed to improving and working with the city to ensure safety. We simply ask for the opportunity continue doing so. Please consider the people behind the name when making the decision. Thank you.

2:15:35 – 2:15:510

Thank you. No additional comments in chambers. We do have one caller. Looks like somebody else might be walking up with a comment card. We'll ahead and take the caller online.

2:15:57 – 2:16:330

Good morning. Hello. Are you there online? Hello? Caller, are you there? Can you hear me? I mean, there's nobody there, so. We'll bring it back into chambers, mister Macias. Come on up. We'll try one more time.

2:16:39 – 2:17:1249

Good morning. Good morning. Thank you for this opportunity. I'm one of the directors here with MBG Lifestyle Group. I started the group about fourteen years ago. When I came to downtown, it was very, very hard to get this to get provision off the line. It wasn't a ghost town, but we built something unimaginable. But the one thing I do wanna give you is the word opportunity. These gentlemen, the McGuyars, they gave me the opportunity to succeed. I left the McGuire group group on different avenues going to Las Vegas, being a host of light group, a TAO group, and the Angel Manager group.

2:17:12 – 2:17:5149

I was trained by some of the best in the world. Now I'm back here in Downtown Riverside. I love being here. These guys have given me real passion and love, and they have supported myself in so many different ways. My kids have gone through college because of these guys. My my dad had just died of cancer. These guys were there for me. They're a big support, big opportunity growers of everybody that works for this company. I thank you for this time, but please consider that no matter what, we will drive forward to be great. Thank you.

2:17:52 – 2:18:050

Thank you. We'll try the callers online again. Apparently, there's now two. Caller, make sure you unmute. Can you hear me?

2:18:150

Hello, caller there you are.

2:18:2029

Go ahead. My name is Rafael. Good morning.

2:18:23 – 2:18:3850

is Rafael Jimenez. I'm here to support the Maguyars. Yeah. I'm just speaking today to voice my strong support for Downton Experiment. This established the establishment isn't just, you know, a bar.

2:18:38 – 2:19:1750

It's a source of livelihood for a number of reasons, employees and just the consistency of being a contributor to our local tax base. An area where small businesses and and, you know, they're just struggling against the corporate giants. Our city should be finding ways to help this business thrive rather than just creating barriers to its existence. Shutting them down would leave a hole in our local economy and a a vacant storefront in our streets. Well, I ask you today just to please reconsider. Thank you.

2:19:18 – 2:19:330

Thank you. I will go ahead and take the second caller. Caller, please go ahead. Make sure you unmute.

2:19:4651

Hi. Hello. I'm sorry. Can you hear me?

2:19:480

Yes. Please go ahead.

2:19:50 – 2:20:2551

Speaker Hi. Thank you very much for the time. First of all, I want to say that it's been a pleasure working with the McGuire brothers. I am an entertainer. I attended the schools of Riverside. I went to RCC. I went to UCR. Graduated in 2006. And I'm a proud member of the community. As an entertainer, I thank them, first of all, believing in me and allowing me to perform for their for their restaurants and for their blank life.

2:20:25 – 2:21:0751

And as a as a as a riversider, I I never felt more proud of my downtown, how it looks, how it lives, how it lights up of joy, happiness. When I see families, grandmas, grandpas going into the restaurants, going into the downtowns and enjoying themselves with music, with food, with life. Something that I hadn't seen when I moved into Riverside from Orange County. Now I see that. Now I see that light, that excitement, that welcoming in Riverside, something that I didn't before when I moved there.

2:21:07 – 2:21:4851

I'm proud of it. I'm really proud of what I see now. This is all thanks to the Maguire brothers that put their vision in place. They put their goals. They strive. And they build a team. They build a solid team, and they're building it. Not only building a team, they're building leaders. They're building their community. They're providing so much for their community. To see an arm of them, business of them go away is just it's sad because they're giving so they're givers. They give so much. They educate. They promote. And they do that from the bottom of their heart.

2:21:48 – 2:22:2251

All I ask is for them for you guys to give them a chance. We all deserve chances. And we all deserve to to strive and be better. And they're not the exception. We all make mistakes and I'm sure every business makes mistakes. The government makes mistakes. Everybody does. We all have the ability to improve. As business owners, they they have they have the the vision to to promote and do a lot of great things in community of Riverside. Give them a chance. They're great people.

2:22:23 – 2:22:440

Thank you. I have three more cards of Isabella Maguire and then Isaac Calvin and then Dania Rodriguez. Isabella? Hello. Hello.

2:22:44 – 2:23:0945

I'm Isabella Maguire, Marcos' daughter. Growing up, I always knew my dad as one thing, a hardworking man. My entire life, he has been my role model, showing me what dedication, passion, and perseverance truly looks like. Watching him build this business, hearing stories about their childhood and how they started, plus putting his heart into it every single day has been so inspiring. About four years ago, I started working here as a host.

2:23:10 – 2:23:3745

From the very beginning, my dad has always wanted me to learn every position in the business so I can truly understand how everything works. Even now, I'm still learning different parts of this business. He has always reminded me that if I want something, especially the opportunity to be a part of this company, I have to work hard for it. I'm so proud to be his daughter and proud to be a part of this family and everything they've accomplished together. What started as a vision has grown into something so much bigger, a place that brings people together.

2:23:37 – 2:23:5745

Being part of this company and community has been such an amazing experience. We've become close with so many incredible employees who have been here for seven years or more, and they truly feel like family. My dad has taught me the passion for customer service and the importance of creating a place people love coming to, especially here in Riverside where I grew up and where I plan to stay. Thank you.

2:23:57 – 2:24:090

Thank you. Isaac Isaac Calvin. Come on up. Good morning.

2:24:10 – 2:24:3020

Good morning. My name is Isaac Calvin and I'm here to attest on the behalf of the McGuyars. They've always been they've always had an open hand for me. I previously worked with Jose Medina, the supervisor, and, we held all of his meetings there. Without regard, they said, whatever you need, let us know, and they got to it swiftly.

2:24:30 – 2:25:0720

And they off also opened their establishment for us to throw events there. And, I support them because a lot of clubs downtown, unfortunately, don't see what they see, which is this, and they were open hand to the whole community. And I support that because a lot of clubs sund us due to the fact that they thought it would bring rhetoric and chaos and a whole and and a lot of you know what I mean? Things that we don't support, but we stood together, and, you know, I'm for it, and it and it and it unity. So anything that brings unity between, the minorities and the others, I'm for it. So I support them, and I I hope that, you keep them open.

2:25:07 – 2:25:220

Thank you. Last card, Donia Rodriguez. I hope I didn't mispronounce her name. Is there anybody else online? Go ahead, miss.

2:25:22 – 2:25:4252

Hello. My name is Donia Rodriguez, and I have worked for Downtown Experiment since 2021. I oppose on today's hearing on shutting down the doors of Downtown Experiment. For someone who grew up in Riverside as a teenager, I worked as a clerk in the historic building, the motel Thunderbird. Little nervous.

2:25:420

Take your time.

2:25:45 – 2:26:2052

Growing up, many travelers mentioned the festival of lights. And at the time, I thought that was all there was to downtown. I it wasn't until downtown experiment opened their doors creating many opportunities where people single moms like myself had the opportunity to create memories and professional growth. Where many others business owners didn't see a vision to a forgotten town, Downtown Experiment opened the doors to all these new business owners and city progress. In light of what downtown is now. Downtown experiment is not only a venue, downtown experiment is home. Thank you.

2:26:21 – 2:26:410

Thank you. I have no other I have no additional cards and no additional callers. I feel like I should wait ten seconds just to make sure. But at this point, I will go ahead and entertain a motion to close public comment.

2:26:416

I'll move to close public comment.

2:26:453

Thank you. I'll second.

2:26:46 – 2:27:030

Thank you. We have a motion and a second to close public comment. Please vote. Montero, you want to keep public comment open? It's okay.

2:27:08 – 2:27:300

Sorry. It's I'm just joking. Okay. So, comment is closed and per our hearing procedures, we are supposed to provide an additional five minutes to the business owner and or representative. It says for rebuttal, but can we just open, give them five minutes, five more minutes? Yes. Please go ahead.

2:27:31 – 2:27:567

Thank you. Madam chair and commissioners. You see, human nature has a propensity to presume guilt when there are certain accusations that are made. I remember when I first heard Kevin Spacey molest children. I kind of made that presumption before the trial even happened.

2:27:56 – 2:28:287

And for that reason they have this legal standard where you're innocent until proven guilty. We've all heard that and it's to prevent that natural propensity. Propensity. So I can only imagine as the commissioners reviewed the staff report and saw crimes and allegations of robbery, rape, shootings. The natural propensity is, wow. These are bad guys. But

2:28:2918

when you look at

2:28:30 – 2:29:167

the facts, you can see and if you saw the call logs that most of those incidents did not even happen during business hours. Even the shooting that lieutenant Kolopy mentioned happened off site. You see Lieutenant Colopy also mentioned that yes that 504 call number probably isn't fully accurate because it does include calls across the street or somewhere close by. But the staff report makes it seem as though that's a firm number. The staff report makes it seem as though that 99 police report is firm.

2:29:18 – 2:30:097

But we know now that is not true and the city or staff, they can't tell us what the true number is. Now we can statistically tell you what that true number is. You see at that hearing, at that administrative hearing, two seventy four administrative calls were analyzed over a three or four hour hearing. Less than 1% of the two seventy four calls were attributable to Downtown Experiment. Now if you extrapolate that same number here, out of the 504 calls, we're talking maybe four calls are attributable to Downtown Experiment.

2:30:11 – 2:30:447

That's a fact. That's a number and that's based on an administrative hearing order from an independent officer. Now the staff report suggests that Marco Maguire or the owners are bad operators. Now if Marco Maguire were some random person that nobody knew, I could believe that. But you've heard all of these people here talk about how invested he is in the community.

2:30:45 – 2:31:037

And the most interesting thing to me is he is out here. He is available. He is not hiding. Anytime there is a complaint, it is always addressed. There has never been another violation for the same thing at any point.

2:31:03 – 2:31:327

He is responsive and he's always here. Now that is relevant to me because when you hear other revocation of MCUP hearings, think about the experiences that you have. Think about how much of a property right you lose. What were his violations when you look at the facts? We're talking about a code enforcement violation in 2024 for noise.

2:31:32 – 2:31:507

That's what we're talking about. That's the last violation that we have. That's the only fact that we have for revoking an MCUP which is just not right here. Now I do wanna turn it over to Marco Maguire for some final comments.

2:31:54 – 2:32:2518

First of all I want to say thank you. I know you guys have been patient. It's been a long day for you guys and I know you guys have been patient listening to the people that support us and know us because these people are not here just because they came because they really believe in what we bring to the city. You know, all I wanted to do when we first came to Riverside is be a young entrepreneur and bring something to downtown. The word downtown experiment, there's a reason behind it because we were experimenting with the downtown.

2:32:25 – 2:32:5018

We were opening something that was different and you know, all we wanted to do was bring back a vibrant something that my brother Danny said about when we went to that trip. But I'll leave it on the last note. I'm meeting with Falcone, you know, after this meeting. I really wanna get a better dialogue with the city planning, with Falcone and improve because safety to us is very important. I would

2:32:500

Mister McGuire

2:32:5118

Okay. My bad.

2:32:52 – 2:33:320

Thank Thank you. Alright. Fellow commissioners before we start pressing the speak button, I would like to I want to try to organize our conversation, so we're not all over the place and to make our discussion efficient, make sure everybody gets their questions answered and able to say what they what you all want to say. So with that, I would like us to, first focus on discussing and asking questions about the violations of conditions of approval. So section two in the staff report.

2:33:33 – 2:34:200

All of them except for b because b really does focus back to the RPD issue, the police the excessive police calls issue. So if everybody's in agreement, I would like us to start with discuss discussion about 2a, condition number five, condition number 14, 2c, condition number 26, 2d, and 2e, condition number 27. So any questions or comments related to those? I want to pause us for three minutes just to get everybody give everybody an opportunity to organize your questions and your thoughts and your comments. And then we'll come right back, and resume.

2:34:200

So three minute break, please.

2:34:516

Just kidding.

2:39:09 – 2:40:030

We'll resume in just a minute. We're just waiting for one commissioner to get back. Thanks for your patience. All right I think we're back and ready to, begin with the commissioner's questions and comments. I know Commissioner I forgot to say, in addition to kind of trying to make sure that our conversation is organized so we stay on track, we'll go ahead and start with any general questions or comments that don't necessarily relate to any of the specific conditions of approval that we're talking about.

2:40:030

So go ahead Commissioner Wilder.

2:40:08 – 2:41:236

Thank you. I just wanted to state that although I certainly appreciate and admire the Guire's outreach to the community and your involvement there, think it's admirable. But given the multiple violations that have occurred over the last several years, and as staff has stated, only one of those violations would constitute the revocation process. But they've been very patient, I believe, with the business to avoid getting to this point where we're at today. With that, I also understand that after a one year period has expired, if the revocation does go through, the staff or the business owner and management staff can reapply for another CUP.

2:41:24 – 2:41:396

And I believe that that would give you ample opportunity to get with your staff and review your policies and procedures to avoid getting to where we're at today.

2:41:4129

Thank you.

2:41:41 – 2:42:260

Thank you for your comment. I have a general question for staff before we get into the more technical aspects. Did city staff at any point, and if so, I need you to tell me when and how many times this may have happened, sit down with the business owners to discuss, whether it's repeat code enforcement violation code invi code violations or anything else. Was there any point or points in time where city staff and or the council member that's a representative representing this ward sit down with the business owners and have a conversation?

2:42:40 – 2:43:2816

Yes, madam chair. So through the code violations and police contacts, staff made the business aware of the issues. There was some interaction and I could let the code and and police department speak to the specific dates on that. But in addition to that, in February, planning staff met with the business owner to discuss a proposal to modify their MCUP to expand the operation operational days. And at that time, staff communicated that due to the recent code violations that had occurred in late twenty four and the ongoing calls for service, which were occurring at the time, staff wouldn't be able to make a recommendation for approval for that expansion of days to operate the club.

2:43:2916

After the meeting, they did not try to work with staff to address any of the issues at least not directly with the planning staff.

2:43:380

So there was a meeting back in February 2025 you said?

2:43:4216

That's correct.

2:43:430

To discuss a possible expansion?

2:43:4616

A modification of their MCP to expand the days they could operate.

2:43:520

Okay. And during that conversation it was shared that due to the other stuff that wasn't

2:44:0016

That was communicated to them. That's correct.

2:44:02 – 2:44:260

Okay. Were there any other meaningful sit down, person to person, let's have a conversation about everything that's going on, meetings held by the city with the business owners outside of the administrative hearing? It's my understanding that those were requested by the business owner.

2:44:2612

Chair, not that we're aware

2:44:2722

of. Okay.

2:44:280

Did do you do or do you Does anybody know if the council member for this ward ever met with him?

2:44:3612

We're not aware of his calendar.

2:44:38 – 2:44:550

Okay. Thank questions related to any of the violations of conditions of approval for the minor conditional use permit that you all want to talk about outside of the one that's related to RPV? Commissioner Baird, go ahead.

2:44:55 – 2:45:283

Yes. First of all, thank you for everybody showing support today and for the owners and the good work of the community, right? We do appreciate that. But that's not what's before us today. What's before us is the revocation of this particular business. But I do want to acknowledge that holistically and that positive impact on the community. I think it's clear both from what the owners have stated in the city that there have been violations of MCUP, particularly regarding noise in the citations there. Right? So it is clear there are grounds for revocation purely on that. Right?

2:45:28 – 2:45:563

That I think I I wanna get that clear, you know, to to the commission here. Like, there is, I believe, what I have heard acceptance acceptance of those violations, those citations from the owners in the city that is grounds for revocation and then sufficient grounds for revocation. Right? On that item alone, obviously, we have a whole bunch before us. We have sound, which seems to be accepted as grounds for revocation, but we also have security with tobacco.

2:45:56 – 2:46:163

We have the camera and the lack of cooperation with police there, which I really think tie into the second part of the conversation today. Right? But it it seems to me the there is clear evidence and acknowledge ment both in the testimony today and the documents provided that there are sufficient grounds for that item alone, right? And I think laying that groundwork is important to the second part of our conversation. Thank you.

2:46:160

Thank you. Commissioner Montero.

2:46:22 – 2:46:389

Good evening. Good afternoon. I do have a question. The city attempted any intermediate enforcement such as temporary suspension of the entertainment permit or a mandatory closing time prior to seeking full revocation of the cup?

2:46:4116

That's not something we have considered.

2:46:449

Thank you.

2:46:48 – 2:47:330

I have a question specific to, point two a in the staff report related to condition number five. I think this is the noise one. Yeah. So staff report says code enforcement conducted an administrative hearing and I understand the date was actually February 2025 regarding multiple citations related to excessive noise. Is it accurate that and I think this is for you, Edgardo. There's six site there were six citations between November and December 2024. Is that accurate?

2:47:3516

Yeah. So the citations, occurred between November 27 and December 7 and there was actually seven incidents. Seven.

2:47:460

So between November and December 2024. Correct?

2:47:4916

That's correct.

2:47:510

How many citations have they received related to this issue specifically since then?

2:48:0016

Since that since then, I'm not aware that code has cited them for anything related to noise.

2:48:07 – 2:48:190

Okay. So since December 2024. Are there other questions related to this one or any other of the conditions? Baird, go ahead.

2:48:20 – 2:48:463

A follow-up. Just as a follow-up to that for staff. The staff report indicates so we have these eight or seven instances. It looks like there's some debate on that before citations. But the reports seem to indicate continued noise related violations. Is that the position of staff that these are ongoing? Or is this isolated to, you know, these twenty twenty four incidents and the following hearing?

2:48:4816

Yes, I'll defer to our co manager, Chris Pulling, for that.

2:48:54 – 2:49:2253

Good morning. Just to clear it all up, there were seven citations issued between November and December 2024. Those citations were appealed. The appeal hearing was in February 2025. Once the appeal is filed, we suspend enforcement to let the appeal process play out. Since the date of the hearing, we have not received any more three one one complaints regarding that violation. Don't know if it still exists, we haven't received any complaints.

2:49:320

Commissioner Mooney, please go ahead.

2:49:35 – 2:50:1354

I'm looking at 1A regarding the noise and I'm just looking at the violations highlight underlying second paragraph per RPD's memorandum. Not sure if you're wanting us to comment on that yet. But in response to Commissioner Montero's comment, it appears here that it says per that memorandum and repeated warnings that there was a continuing violation of the business operating beyond permitted hours. So the hours are stated in the business. I'm not sure.

2:50:13 – 2:50:2654

I mean, it may speak to that, that there are hours that are stated and they apparently have been operating beyond those permitted hours. So, I just wanted to draw attention to that.

2:50:28 – 2:50:440

Is that an ongoing issue? Because I did not ask that question. I was specifically asking my question related to the noise. Is the operation outside of normal hours still an ongoing issue that has been noted?

2:50:4616

Yeah. We'll defer that to, Lieutenant, since his vice team is the one that patrols, continues to patrol the downtown.

2:50:540

Thank you.

2:50:5717

I believe you're referring to,

2:51:020

Two a in the staff report, the second paragraph. Well, third paragraph. Second paragraph under violations.

2:51:14 – 2:51:490

I'll read it. It says per RPD's memorandum, despite repeated warnings and the vice unit educating business staff on their MCUP, the business continues to violate its MCUP by operating beyond permitted hours and maintaining amplified music with doors and windows open. So it's already been confirmed that there hasn't been any additional formal citations related to noise since 2024, but commissioner Mooney brought up the issue of the, allegation of repeated operation beyond permitted hours.

2:51:49 – 2:52:0117

Correct. The first RPD personnel at that time observed them operating past the, I believe, it's 2AM closing time. Does that answer your question?

2:52:010

Just trying to figure out if it's ongoing or if this is point in time?

2:52:0617

I haven't received any recent complaints about that. That was notated back on that incident.

2:52:110

Okay. Thank you. Commissioner Montero?

2:52:18 – 2:52:389

To ensure our decision isn't seen as arbitrary, can staff clearly distinguish which incidents occurred after the previous compliance hearing? We just need to show that the situation has fundamentally changed or worsened to justify the death penalty of revocation rather than further conditions. Thank you.

2:52:400

Did you ask a question? Yeah. Okay.

2:52:5112

Commissioner, can you repeat your question, please?

2:52:569

So to ensure our decision isn't seen as arbitrary, can staff clearly distinguish which incidents occurred after the previous compliance hearing?

2:53:1217

Yes, we just have to go through the call history and document which calls for service occurred after that hearing last hearing.

2:53:229

Thank you.

2:53:23 – 2:53:512

Commissioner Tunisin. Yeah, my question for staff is or actually code is that it appears that all of the code violations showed up on one to two days and were these all for the same noise complaint were they different noise complaints were they outside open we don't have in our packet anything that tells us what these code violations were

2:53:51 – 2:54:0653

Yes, thank you. It was actually a three weekend period between November 27 and I believe it was December 6. It was three separate weekends. Different occurrences, at least seven occurrences. And the citations were born out of those observations.

2:54:082

Can you tell me what those occurrences were?

2:54:1239

Sure, give me one second please.

2:54:20 – 2:54:4653

November 27, it was regarding I believe that was a Sunday. It was regarding entertainment outdoors after 10PM. There was nightclub activity after 10PM on Sunday through Wednesday, and that was a Sunday. There was the external speakers that I believe they were on the patio. And just a general violation of the noise ordinance.

2:54:46 – 2:55:2653

On November 29, it was the exterior doors were open. External speakers. And again, just general noise violations. Going to the next week, we have again, nightclub activities after 10PM Sunday through Wednesday. Exterior doors open. The speakers were outside. December 6 exterior speakers after 10PM. And the noise noise violations. So it was pretty much those those repeated violations.

2:55:260

Commissioner Baer?

2:55:313

Sorry, I'm gonna keep

2:55:330

Don't be sorry.

2:55:33 – 2:56:043

I'm gonna keep jumping in here. For the owners and operators, right, we've talked about these violations. It seems you've acknowledged those. Is it your position that you've not violated any noise or operating hours since December 2024 as it relates to the the MCUP? Is that is that are are you you saying there's been no further noise or operating hour violations? Or are you acknowledging that there have been since these particular citations?

2:56:04 – 2:56:347

I will say there have not acknowledging that. And I think code or somebody earlier said that there have been no three one one complaints about noise either. So no. Ever since that one instance in December 6 when we received all of the notices in one day. So all of those notices, even though there were multiple notices, we received all of them on one day. And after that, no further noise complaints, no further hours complaints. Everything has been addressed.

2:56:343

And and compliance with the operating hours? Yes. Thank you.

2:56:430

Commissioner Montero, please go ahead.

2:56:47 – 2:57:139

Testing. Okay. So I do believe in continuous improvement. Given that there has been no formal citations after 2024 and we are now into 2026, also given that there has been a reduced volume in calls which has lightened the load on RPD and public safety. I would like to ask city staff again to clarify a bit more for me.

2:57:15 – 2:57:359

What incidences after the last hearing have occurred to justify full revocation at this time versus any intermediate conditions to be addressed to work with these small business owners who have vested into our community.

2:57:41 – 2:58:2416

So if I'm understanding correctly commissioner, you're asking if there was any other violations of the conditions after the noise violations. So specific to if if that's what if that's what we're asking here. There has been basically newer violations on the violation of of condition which was that? Of not having surveillance meeting the proper surveillance cameras requirements. So those are referenced in 15 police reports, and those are more recent cases.

2:58:24 – 2:58:4116

And I can have lieutenant speak to some of those cases and dates. Additionally, the violation of having tobacco on the premises without licensing, that occurred in October. And that also violated a condition of approval.

2:58:480

Additional question? Or did you want lieutenant to come up and give more specifics?

2:58:549

Yes, please. If we can get more specifics.

2:59:00 – 2:59:2917

So roughly the time frame for the the last hearing, administrative hearing, which was in 2024, outline a number of calls for service. One was the shooting that was that occurred on 10/27/2024. It's listed at twenty one twenty hours, which is military time for 9PM when the nightclub was open. An individual with a gun was inside the bar and had shot another patron. We discussed that.

2:59:31 – 3:00:0117

There are other instances where that is outlined in the memo discussing surveillance video that officers during a criminal investigation would ask for a copy or to review the surveillance video. The management scene manager or employees could not operate it and referred them to off-site employee to get at another time. There was also other believe you discussed the hookah. You discussed the hookah? Okay.

3:00:01 – 3:00:4217

Apologize that. And then there was other calls for service. A number of theft reported reports taken from patrons. One customer was allegations he was assaulted by security and property he had another allegation that he was assaulted by another employee. There was an allegation of an employee or not allegation.

3:00:42 – 3:00:5617

An employee had overdosed. Employee of the nightclub had overdosed inside the nightclub. It was rendered medical aid. It was found to be under the received medical aid and so forth.

3:00:589

Thank you. And were citations given in regard to those incidents in the last?

3:01:05 – 3:01:1817

No citations. The one individual was arrested for those responsible for the shooting. As far as all the other incidents, I'm unaware of any, prosecution or arrests being made.

3:01:18 – 3:01:570

Thank you. Commissioners, are there any additional questions related to 2A specifically, code enforcement noise or noise violations operating beyond permitted hours? I would like to move us to, page six of your staff report, item C, that talks about the tobacco sales in violation of code or in violation of condition number 14. If you have questions or comments about that. I do have one question, for staff on that.

3:01:59 – 3:02:220

The staff report indicates that the business was caught with hookahs doing hookah sales without proper licensing. I believe, Edgardo, you mentioned October 2025 or was that you lieutenant that said October 2025 was an incident of instance of that. Is that correct?

3:02:23 – 3:02:4316

That's correct. That's basically in compliance check by RPD that was identified in the observed, the sale of tobacco products, and that happened in late last year. I believe it was actually September, but it was it was last year.

3:02:450

Have there been other instances of this same issue? If so, when?

3:02:5216

Not that I'm aware of but I will defer that to lieutenant Kelpie. Okay.

3:02:5717

I have not received any rather reports, reference tobacco.

3:03:00 – 3:03:220

Okay. So there was one instance of this particular violation last September. The business owners assert that they corrected the issue immediately. Is that your understanding as well based on the fact that there hasn't been any additional reports of that?

3:03:23 – 3:03:3617

I believe so. They learned of it on social media and word on the street of the tobacco. They went and did the inspection compliance check on that September date. And since then, we have not received any other complaints or issues regarding tobacco or hookah.

3:03:36 – 3:04:140

Thank you. Thank you. Are there any other questions or comments from the commission related to this specific issue? All right. Let's move us forward then to condition number 26 item two d related to security and unlicensed security allegations there any questions or comments related to that particular condition? Commissioner Wilder.

3:04:15 – 3:04:376

Yeah. Regarding the unlicensed or unqualified security personnel that's been assigned to that job. Is that ongoing or are we talking about one instance or what can you kind of elaborate on that?

3:04:42 – 3:05:0117

As far as I know, that's the one documented incident at this location. The vice team at that compliance check-in partnership with the Bureau of Security and Investigation Services who took the lead on that contact. But I have not received any other complaints or inquiries regarding that.

3:05:046

Has there been any follow-up by RPD or by code enforcement?

3:05:12 – 3:05:2917

I don't believe code enforcement will be involved. BSIS would take the lead and take whatever administrative actions they decide to take of, and they would keep us notified of any further follow-up needed or anything. And as far as I'm aware of, nothing else has been we have been contacted to reference

3:05:297

them. Thank

3:05:32 – 3:06:030

you, Commissioner Wilder. Any other questions related to that particular issue? Seeing none, I would like to move us to condition number 27 c, related to security camera footage and cooperation with RPD, in providing security footage when requested. Commissioner Tunisin, please go ahead.

3:06:05 – 3:06:172

This is for DTE a question if you can explain why this video was not handed over to PD when they requested it.

3:06:2110

Good morning. So the incident that was referenced by staff in regards to the overdose, it actually was turned over to PD just not on-site.

3:06:322

Is part of the MCUP that it needs to be turned over on-site?

3:06:3710

Within twenty four hours.

3:06:39 – 3:07:000

It says an on-site manager shall have working knowledge and I think part of the issue that staff has shared with us that there have been instances where a referral has been made to someone that's not on-site and on-site management has not had

3:07:002

the ability to provide to operate those cameras. Okay. Thank you.

3:07:080

Follow-up to that question though, has that issue been corrected? Is there now on-site management with working knowledge? Please clarify that.

3:07:1810

Yes, there is. And they're present here today.

3:07:200

Okay. When was that corrected?

3:07:2822

was corrected last year. Now we have access on our mobile devices to view the cameras at any time.

3:07:340

And anybody that is on-site management now has the ability to.

3:07:4122

Correct. Myself as a director and management on-site as well.

3:07:520

Commissioner Montero, please go ahead.

3:07:58 – 3:08:129

Testing. Okay. Can you walk us through your staff training protocols specifically how are your floor staff security trained to handle de escalation and uncooperative patrons?

3:08:16 – 3:08:3423

Yeah. I have a no aggression policy. We pretty much just try to put as much patience as we can. Use multiple guards, start walking them towards the exits, trying to just be as non confrontational as we can. If it takes a little bit extra time, so be it.

3:08:37 – 3:08:509

And does your management team conduct regular briefings with the Riverside PD for any or the downtown liaison for any future events to address and mitigate risk?

3:08:50 – 3:09:0123

I haven't had any meetings with RPD but I anytime there was an incident, any detective, any patrol person, anything contact with me, was more than happy to help them.

3:09:019

And this also is a question for the establishment if there's any others.

3:09:12 – 3:09:2424

Any incident that we've any future or or staff which you asked for now has been always addressed to the police officers, sergeants, attendants as well.

3:09:25 – 3:10:010

Thank you. I wanted to have a I want I have a follow-up question for you, sir, related to my colleague's question Sure. To de escalation how you handle unruly pay pay patrons. In the staff report, it's noted or it's alleged that there are that there have been, multiple incidents of security from your company battering patrons being heavy handed so to speak. How do you respond to that?

3:10:0423

I respond to it pretty much that it's it's hearsay. I mean Mhmm. I've we've never been cited for it. I've been in business for twenty five years. I've never had a guard be disciplined for it.

3:10:19 – 3:10:3123

So you're saying we don't have the history of it. I mean, over the years I've ran over 40 nightclubs in Riverside City And County. So you know, it's it's just basically their word against ours.

3:10:310

Right. Okay. Thank you.

3:10:350

Commissioner Baer?

3:10:363

Yeah. If I may.

3:10:370

You may.

3:10:38 – 3:11:113

Yeah. I mean, I I think your comments are good one, Chair. Right? Just, you know, how do you respond to that? Right? You you just said it's your word against theirs, and I'm looking at a police report with 99 instances, which quite a few of them have descriptions of pretty aggressive behavior by security. There's evidence that a gun got through security as well. Right? And, you know, if it's if it's your word versus the police departments is what we're saying. Right? I mean, that's that's what you just said.

3:11:1123

No. You're saying the police department made that accusation against my company or was it a customer?

3:11:16 – 3:11:323

No. I'm saying that there's a report of 99 police instances, which many of them allege and describe heavy handed in your terms, heavy handed security on-site. Right? And and you deny all all of those

3:11:3223

Police officers have said that?

3:11:343

The the police report that's in the that's in the packet before us.

3:11:3723

So a police report stating what a complainant is saying to them?

3:11:423

That's what it says. Yeah. I could read them to you if you'd like. You you deny all of those descriptions?

3:11:49 – 3:12:257

Let let me just respond to to that. It's it's very difficult to respond to that question without seeing the police report and here's the reason why. When we look at those particular instances that are in the staff report that talk about physical altercations with patrons. We would then cross reference that with the call logs. And when you look at the dispatcher and the call logs they say verbal altercation. Okay. And so it's different and we don't know until we get the police report in order to verify.

3:12:283

Thank you.

3:12:280

So you never got the police report. You have not received the 99 police reports?

3:12:32 – 3:12:457

We have not received the 99 police reports. We were told that they will produce them in increments of thirty days. And there's no guarantee as to when we would get it or which police reports we will get.

3:12:470

Thank you. Commissioner Monteiro, you're up here. You're on my list twice.

3:12:519

I tried to remove my name.

3:12:530

Do you have another question?

3:12:549

No question at this time.

3:12:56 – 3:13:100

Okay. Any other questions related to security or the surveillance cameras, surveillance system cooperation with RPD related to surveillance and security?

3:13:11 – 3:14:2154

Wouldn't that speak to why we had the discussion also about requesting a further delay of this topic so that the representation of the business owners could get in full those reports. But the RPD has already told us that it would take time to do that. So, we can speculate or listen to hear the testimony or the representation say that well, you know, we have to check back and we'd have to do the reference. So, we're tasked as a commission to look at the data that is in front of us, that the RPD had documented, that outlined without getting very into the weeds about what had occurred. So, there was the request to delay to get that further but the commission made the decision to come in here to delay to today.

3:14:22 – 3:14:5554

So, I am also with my colleagues taking a look at the information that has been presented before us from the RPD giving me enough information to understand what that is. It's just looking like there would be more time that is requested on the applicant's representation to fully verify. That's exactly to kind of cross reference so to speak. But, just wanted to bring that up as a point of conversation or note. Thank you.

3:14:57 – 3:15:360

All right, colleagues. Let's dive into the issue that has been talked about a lot. The issues related to the excessive police calls. What questions, concerns, clarifications might any of you want related to that extraordinary calls for service? Commissioner Montero.

3:15:37 – 3:15:509

So of the calls for service cited in the staff report, how many were proactively called in by your own staff to report suspicious activities outside your doors as opposed to police responding to active crime?

3:16:0410

Sorry. So JD does actually call the police. He doesn't know exactly how many times, but it has been a handful of times.

3:16:11 – 3:16:2424

It's been we call for, you know, homelessness, you know, you know, people people being outside of it, but but calls have been made by myself here. And if there's police officer in front, I don't even have to make the call because they're there.

3:16:269

Your staff does take measures to

3:16:2924

Ensure the safety of the location.

3:16:3246

Thank you.

3:16:350

Commissioner Tunisin? Thank you.

3:16:39 – 3:17:112

My question is to RPD and it's regarding the cell phone thefts. There was an awful lot of them in a very concentrated amount of time. Was there other nightclubs and bars in the area that had that same situation happening? Was there a group of people that was just targeting DTE? Was it their clients? Was it targeted throughout the whole downtown area?

3:17:18 – 3:17:4917

Sorry. I'm trying to get the response. Yes. There's been a several number of cell phone thefts which have continued up until recently at downtown or experiment. I am aware of some other thefts occurring in the downtown area, but it appears to be more prevalent at this establishment. But I haven't done a deep dive crime analysis stats on that, but it's prevalent at this place, it appears.

3:17:510

Commissioner Baird?

3:17:53 – 3:18:073

Yeah. Also for police. Just wanna focus on the 99 police reports. I'm far more concerned about that and the public safety to the officers involved and the public and the reputation bluntly of downtown with 99 police reports, many of

3:18:0755

these being

3:18:08 – 3:18:533

incredibly violent descriptions at least. And and I just wanted to confirm that it's it's your it's your position in the in the memo that we have that all of these police reports and the descriptions provided to us, which is what we have to go on that's for us today, are directly related to DTE's operation. Is that is that the position of of the police department? And I I'm asking this because some of these descriptions, a few of them say things like physical altercation to the front of the business. I can't tell if that is vandalism to the front of the business or if that is a patron, right, a customer vandalizing or having a fight in front of it.

3:18:54 – 3:19:123

There's descriptions that a customer, you know, was shot, and it took place in the alleyway. So the the comment here is that, you know, it says a customer and is at the police department's position that even if this off-site violence, you know, took place, it was a customer and directly related to their operation.

3:19:16 – 3:19:3917

Yes. So for the shooting that occurred near the alleyway, they were patrons of the Both parties were patrons of the experiment. Whatever transpired with the altercation inside then transpired and moved outside. So the connection of the altercation of why it occurred inside felt there was a nexus.

3:19:403

Okay. So you you believe in the 99 police reports or the the the police department's position is that there is a nexus between all 99 of these and DTE's operation.

3:19:51 – 3:20:0817

Yes. The ones listed, they had filtered through. The detective had filtered through the list of all the reports and the ones that he did not feel that we felt were a nexus to the operations of the club, those were not listed. Okay. So those

3:20:08 – 3:20:323

have been filtered out. The ones that the police department feels were not may maybe they were at the address. Maybe they were part of the call of service. Right? But as far as the police reports go, that is filtered out to directly linked to Downtown Experiment's operation. So we have 99 police reports that police feels is directly related to the operation. That's correct. Okay. Thank you.

3:20:34 – 3:21:090

I have a challenge with the word feels. I appreciate you you asking that clarifying question, Commissioner Baird, because it really does concern me irregardless. Like, I understand there's 99 police and your people did their job, but I'm still very bothered by the fact that, the business owners' representatives have not had access to review the police reports themselves. So, I just wanted to make that point. Really that really does concern me.

3:21:113

If I'm if I may.

3:21:13 – 3:21:283

Are are those going like, I understand that maybe some of these are active investigations. Are they is it possible for some of these to even be released? Like, what what amount of realistic data can we receive regarding the 99 police reports?

3:21:2855

I can address that. Good afternoon, honorable chair and council members or excuse me, commissioners.

3:21:340

Where's my burrito?

3:21:37 – 3:22:1155

I don't think we've met before. My name is Jacob Girard. I'm a deputy city attorney assigned to the Public Safety Division. So regarding the actual police reports that are the subject of this hearing, it is correct that RPD is reviewing that PRA request and turning over reports that are deemed allowed to be disseminated under the public Records Act. However, as the commissioner has pointed out, there are several investigations that are ongoing that cannot and will not be released.

3:22:11 – 3:22:3855

They do include incidents that are the subject matter of today's hearing, and for those reasons, they are not subject to disclosure under the public records act. Some of them do involve active criminal investigations and criminal prosecutions. Therefore, based on knowing that this was going to be an issue as sort of a compromise, staff prepared the attached memo that included the summaries of those relevant police reports.

3:22:403

Thank you. Thank you.

3:22:41 – 3:22:530

Thank you. Other questions, comments, clarifications from the commission? Commissioner Wilder, go ahead.

3:22:58 – 3:23:326

Just quick question regarding the staff report. Was that obviously there's you have great reasons why a lot of the information was not released because ongoing investigations. But the staff report that itemized a lot of the events may be grouped together or what have you. Was that released to the business owners?

3:23:3655

Just so I'm clear, the question is, was the staff report released to the business owner? Yes. Yes, it was. It was attached to the agenda from the first hearing.

3:23:466

Okay. So they had information regarding what PD was ascertaining.

3:23:53 – 3:24:0455

That's correct. As well as based on police presence at the location when employees were present, there was constructive knowledge imputed to the business.

3:24:060

Thank you. Commissioner Montero.

3:24:15 – 3:24:459

Testing. So, I do have a bit of a concern that the business owners and their lawyer were not able to obtain these reports as well. So staff, if we move forward today, despite the applicant's request for more time to review the police reports, how are we ensuring we have met the meaningful opportunity standard of the fourteenth amendment? Are we at risk of a procedural challenge if they haven't had time to cross examine?

3:24:48 – 3:25:4355

I can answer that. The standard for purposes of this hearing is a preponderance of evidence. It is not something akin to a criminal trial where the burden of proof is beyond a reasonable doubt. The nature of the calls that were utilized in today's hearing were, in staff's position, adequately described in the attached memo to the staff report so as to provide the business with adequate information identifying the nature of the call. If it is if the commission needs additional information as to dates and times or perhaps more specific inquiries into the nature of the calls, then this hearing could be continued so the staff can adequately provide notice and publication of some information whether or not it is able to be released.

3:25:44 – 3:26:1055

But as far as compliance with due process, the staff has prepared the memo with what information it was able to provide at the time. The business has been given an opportunity to rebut and has actually presented evidence in rebuttal to the allegations alleged in staff's report. Therefore, staff's position is that due process has been complied with.

3:26:13 – 3:26:420

Other questions? I do have one, I think, hopefully, maybe last question. And it's been alluded to already. But far as 100% revocation?

3:26:44 – 3:27:2756

I think this is a question that's appropriate to me. I'm assistant city attorney Susan Wilson. I just wanna make it clear that our office, both Mr. Girard and I are within the same city attorney's office, but we have created an ethical wall. Because I represent you, the planning commissioners. Mr. Girard represents the planning staff who has presented this. So when there is a question as to due process, that is the position of the attorney representing planning staff. What you have before you today is a revocation of a minor conditional use permit. This is proceeding under Title XIX730.

3:27:29 – 3:28:3556

The question has been raised, are there other alternatives short of revocation? And under Title 19.73006, the only way that a minor modification can be granted would be by the development review committee, and that is limited to 19.73003, which is that the development review committee can grant an amendment to a previously approved MCUP if there is a building expansion or an expansion of an existing business. So it's my interpretation that the Planning Commission doesn't have the ability at this time to amend a MCUP. I also want to remind you that all of the allegations that were raised in here today, pursuant to the conditional use permit and Title XIX, these may be grounds for revocation, but you still have the discretion to make your determination. So I just want to make that clear for the record.

3:28:370

Can you please repeat that last part? I didn't understand.

3:28:43 – 3:30:2556

So under Title XIX for revocation, it provides that there are three grounds for revocation of a minor conditional use permit and that's section 19.730.090(three), and that is that a permit approval was obtained by fraud, B, that the permit granted is being or has contrary to the conditions of such permit. And I'm summarizing a bit. And C, that the use for which the permit approval was granted is being exercised as detrimental to public health or safety or so as to constitute a nuisance. So if you go to the planning conditions that were granted, and these were the ones that were cited in the staff report, number 13, this use permit may be modified or revoked by the City Planning Commission or the City Council should they determine that the proposed use or conditions is operated maintained as to constitute a public nuisance. The second one is 14, the applicant shall comply with all federal, state, and local laws and cooperate with the Riverside Police Department in the enforcement of all laws relating to this permit and a material violation as determined by the Commission, you, the City Planning Commission, of any laws connection with this use or failure to cooperate with RPD will be cause for revocation.

3:30:25 – 3:30:5156

So it has to be a material violation, which is discretionary on your part. And then 17, failure to comply with these conditions or with the zoning code provisions may be be discretion of the Planning Commission.

3:30:5118

You have

3:30:510

to defend what

3:30:5156

is correct.

3:30:583

If I may.

3:30:595

I think the other

3:31:023

thing here is, you know, what is to me, what is or to us, what is sufficient evidence

3:31:07 – 3:31:223

Of of a nuisance in our community? What is sufficient evidence of detrimental to public health? Right? Is is there sufficient and I I go back to the 99 police reports. Right?

3:31:22 – 3:32:023

Like, I think we have grounds clearly on prior noise citations. Right? But that feels pretty nuclear, right, for noise that happened a while back, and we've heard the changes the business made. So really, to me, this comes down to, you know, does the evidence before us, do we have sufficient evidence in the 99 police reports that this is nuisance and detrimental to the public health? Not just and and not just patrons, right, but public at large, the adjacent businesses, and our police, right, that is that is engaged with this business and these these incidents which, you know, reading all 99 of them, the descriptions are pretty pretty significant.

3:32:03 – 3:32:333

And so I think the the question, you know, that I keep asking myself that I've wrestled over the past couple weeks on this topic is is this sufficient evidence that is a public nuisance and detrimental to the public health? Do we have sufficient evidence on that point? I think that's really the question that that at least I'm wrestling with. You know, we can procedurally, I think, over the noise MCEP violation, you know, make a determination for revocation. I think that's pretty nuclear as one of the the speaker said.

3:32:35 – 3:33:103

But I I think it really comes down to the public safety here. This is why we continued it only to today, right, to move this this along. It feels to me we're not gonna get a lot more of these reports. Right? We have pretty robust descriptions of these events. We have them attested by the police department as accurate descriptions of those events. And really, does this is this a public nuisance? Is this detrimental to the public health based on that evidence? I think that's really, at least for me, the question before me. And I just wanted to put that out there to the fellow commissioners and hear your comments on that.

3:33:110

Thank you. Ma'am, you wanted to add something?

3:33:15 – 3:33:4156

If I can add one more comment. Planning staff kindly reminded me that under the conditions of the MCUP, it says this use permit may be modified or revoked by the City Planning Commission. So even though today's hearing is a revocation, there is the ability for modification. But I would suggest that this would be brought back for the modification because we would have to determine

3:33:41 – 3:33:530

what the modification would be. But you still do have that ability. So when you said a few minutes ago that that would be only a decision of the DRC?

3:33:53 – 3:34:3156

So, under the code, only the development review committee can make and that's a city staff can make minor modifications to the MCUP. But you as the Planning Commission, you can either revoke or you could modify. But the issue that Planning Staff and I were just discussing is that today the only thing you have in front of you is the revocation. But if you wish to perhaps continue the matter to see if there could be modifications, that would be within your purview as well. You just can't order, I think, a modification at this time.

3:34:310

Thank you for that clarification. Commissioner Melendrez.

3:34:388

I have a couple clarifying questions. When it relates to security, this feels really loud. Is it loud? Or is it just me?

3:34:47 – 3:35:088

sorry. When it comes to unlicensed security, I've heard two different things that the person cited for being unlicensed wasn't working at DTE that evening, and the other person did not have a guard card. Can I get some clarification on that? Was

3:35:11 – 3:35:3517

When RPD personnel along with partnership of BSIS, did the spot inspection location visit, they contacted one guard at DTE that did not have a license at all. BSIS took the lead on that investigation enforcement, whatever they determined it to be against that security firm.

3:35:358

Okay. And that's the security firm that they currently have hired, or was

3:35:3917

it a different one? It's the same firm as today.

3:35:448

Can you speak to that again, sir? And if I missed it, I apologize.

3:35:48 – 3:36:0010

Sorry. I just wanted to point out that the BSIS, the actual citation to Tyrone is in the staff findings, and it says Worthington's and Duke's. It does not say Downtown Experiment.

3:36:02 – 3:36:378

So that's where the confusion comes in for me. And Brian, I appreciate your comments because what I look for I mean, I've had an opportunity to work with a lot of businesses in the past in a different capacity. And when I look at what is the business trying to do to cooperate with the city, and I would like to think that we as a city are engaging with both problematic businesses but also businesses that are an example so that they can be an influence on their counterparts. What are they doing to improve? And so when I I hear about a shooting, that is extremely problematic for me.

3:36:388

But then I hear about the step of metal detectors. Was that required by the city or was that something you guys initiated? Can I hear from the business on that?

3:36:52 – 3:37:3318

Yeah after that incident we made a lot of new protocols and we changed it and we put metal detector doesn't matter the day or the time that we're open. So we added that metal detector for the safety of our patrons, safety of our staff. And so we made a lot of changes. You know, we have briefly nightly meetings with security. I take that very seriously. You know, and we're always making the adjustments to making sure that security especially when that moment happened that was highly that was something that we took very seriously. So we brought the metal detector. We took we made all the measurements and made a change within ownership and security.

3:37:33 – 3:37:498

Okay. Thank you. And then I hear about or I read here about not being able to operate a camera. I'm sure they were able to operate and demonstrate but providing a copy of it. I'm sure that's something that can be resolved going forward.

3:37:49 – 3:38:398

But I agree that revocation feels very nuclear. I don't want, at the same time, a problematic business in an area that can influence others, but also understanding that this business is in the center of an entertainment district that has been designated by the city, which alcohol tends to create 90% of the problems that police officers run into. But if we as a city aren't trying to engage with our business owners to figure out how are they going to improve, to me that's problem one if we're relying on a music complaint from two years ago and then looking at other minor issues. I agree. The police report findings are problematic, you know, fights outside.

3:38:40 – 3:38:598

But at the same time, it feels like there could be another way forward, whether that's probationary I mean, I don't know in the situation what we do, whether it's a continuance and then looking to find a way to drive cooperation. But, clearly, we've got their attention.

3:39:01 – 3:39:140

Thank you, Commissioner Malingers. And you're on my screen again. Did you push the button twice by accident? Commissioner Wilder go ahead.

3:39:15 – 3:39:516

It is on the screen. This is probably more a question to staff. If we were to ask for continuance to revisit for possible changes. I mean you've heard our concerns. I'm sure that the business owner has heard our concerns regarding this revocation and what may result from that.

3:39:546

Are you able to get with them on the potential changes before you bring it back to us?

3:40:0756

I am going defer that to planning stuff.

3:40:0943

Thank you.

3:40:12 – 3:40:494

I think we can open that conversation. We have, you know, if the commission is looking to entertain a continuance, we would respectfully request a particular date rather than a date uncertain. And given upcoming business that the planning commission that is coming toward the planning commission over the next couple of months, we would also respectfully request that that not be earlier than May 7. And that would also give us time to have discussions if those need to happen.

3:40:506

Okay. Yes, sir.

3:40:56 – 3:41:2518

Yeah as the owner of the establishment, I'm open dialogue. Would want to sit with the planning commission. I would like to sit with the lieutenant. Whatever I can do as a business owner to show you guys that I'm here to make any changes, any adjustments and be an example than a nuisance for Riverside. I'm ready to sit with them and make sure whatever changes they ask for, we come back, we show that we've done every change possible and that we're transparent as an operator.

3:41:26 – 3:41:396

Okay. Thank you. So how much how much time was that that that you felt you needed?

3:41:390

Till the May 7 meeting potentially.

3:41:416

May 7? Is is that adequate to be able to iron things out or

3:41:49 – 3:42:000

I would also I would assert commissioner Wilder that I think the planning commission should be involved in that discussion. I wouldn't wanna just delegate that to city staff,

3:42:050

I don't know what that would look like. Is that continuing to March to May 7 to have a conversation or

3:42:15 – 3:42:316

I think we have voiced our concerns quite, quite well. And I think if if staff revisits those concerns, they you know, I think they know what we're looking for.

3:42:370

I just don't know that we've provided them anything really specific that we are actually looking for?

3:42:456

Well, would be kind of hard without knowing what staff would recommend.

3:42:510

Okay. Yeah. Point taken.

3:42:54 – 3:43:1612

I was gonna chime in real quick commissioners. The May 7, we would have to re advertise. We would have to push out any new information by April 7. So the meeting would have to occur quite quickly here to work those details out in order to get something back on the agenda with any changes proposed for that. So, that would be a quick turnaround for May 7.

3:43:190

mean, the business owners say they're open to it.

3:43:2712

Give me one minute.

3:43:28 – 3:44:042

Madam Chair? Yes. Go ahead now. My thought process on this is to give staff and the business owners time to do this instead of expediting it. I would like to see a three to six months extension to this. That's my own personal opinion because I don't want staff to have to push what the changes in the MCUP would be And that would give them time to recognize the position that DTE needs to have and what they need to change in the conditional use permit.

3:44:090

Commissioner Montero.

3:44:11 – 3:44:339

Yes. I would like to second that. I think just to not put so much pressure as well on city staff given their you know, projects and everything still have to get done and deadlines won't move for this reason. So I think, to second that, I think it would be fair to extend it a bit longer past May 7.

3:44:34 – 3:45:120

So if we are going to consider, it sounds like we are starting to consider, a continuance for the purposes of doing something that's less of a nuclear option than of, an outright revocation. I heard you, mister Taylor, that it would be ideal if there was an actual date settled on instead of just continuing this and hoping at some point it gets back to us, and I agree with you on that because there are some major issues that have been discussed that we wanna make sure get addressed. So if we're looking at a three, four month

3:45:1412

Commissioner, if I may

3:45:1612

Offer maybe June 7.

3:45:1912

That way, if we have to push information out, it would it would go out generally twelve days before that.

3:45:250

Commissioner commissioner Baird, thank you.

3:45:294

Yeah. Thank you. Sorry. There is no June 7 meeting. It'll be the fourth.

3:45:3412

Sorry. I had written down June 4 and June 7 is in my mind. I'm already on a weekend You

3:45:410

need lunch, sir.

3:45:4312

June 4. We all

3:45:4424

do. June 4.

3:45:460

Fourth would be the date? Okay. Okay. Commissioner Baird.

3:45:50 – 3:46:193

I'm not opposed to extending this, right? But we do have a public safety issue, right? So I just want to be mindful of that. This definitely needs to be a date, sir. And this needs to be quick. I also wanna say, right, and I I appreciate the owners here saying you will comply. Right? But part of the problem here is that we have a bunch of data and accusations that say you're not complying with the current conditions. Right? And so, like, there's some confidence issues that I have with even applying new conditions that then we will not enforce, and we will not do citations.

3:46:19 – 3:46:433

Right? And so adding more conditions that the owners will not comply with doesn't do us any good. Right? Doesn't stop the concerns that have been brought before us. And so I just while I'm okay with the concept of allowing a continuance and discussing alternative conditions, I'm not sure what those conditions look like that, one, we can all agree on, and two, that there's the confidence that they'll be complied with.

3:46:43 – 3:47:143

The accusations today is that they're not being complied with the current conditions. Right? So why are we gonna put more restrictive ones that, again, won't be complied with? And so I just have that concern that I just wanna express. I'm, like, okay with the concept, but we need to be very careful here that we're not just extending a hearing that causes additional safety issues and a longer police report, right, to conditions that won't be complied with. And I just I I have that concern that we should be aware of and I think be considerate of as we think about new conditions as it relates to their operation.

3:47:15 – 3:47:340

I will counter only to say I respect your perspective, but I also we've seen information about issues that have been brought to the attention of the business and have been corrected immediately. So are you talking specifically are you going back specifically to the 99 police reports?

3:47:34 – 3:47:543

That's that's correct. Yeah. We've seen we've seen evidence of of the tobacco, I think, as an example. You know, maybe the cameras, maybe there's some evidence there that it's now cooperative, the new system. Don't have a lot before us. But particularly as it regards to safety, I think this really boils down to that. This really boils down to public nuisance and public welfare. And we should just be mindful of that.

3:47:540

Thank you. Commissioner Wilder.

3:47:58 – 3:48:446

Yeah I would suggest that if we do move forward on extending this to the June 4 that from that from now until then that that establishment is is monitored if there's any more complaints, any issues that arise during this period of time that that too will be brought back before us. Because that's gonna give us a true indication of how willing the business owner is is working with the city and RPD to correct what has been going on for some time now.

3:48:440

Agreed. Thank you, sir. Commissioner Melendrez.

3:48:49 – 3:49:248

I think to maybe put Brian or Commissioner Barrett at ease a little bit, I feel like we're almost an entire quarter into 2026. Were there any significant additional police reports or incidents at this business, those would have been provided to us quickly. At least I would have hoped. But when I look at and I hear 99 over five years for a place that serves alcohol, I can sit there and go, okay. Guy in fight with his girlfriend at midnight.

3:49:25 – 3:49:588

Drunk drunk client fighting with security guard. You could see that at a restaurant, right? I do have issues with an employee, you know, having to be Narcanned brought back. That is an issue for me because that is a lack of control. And so those are things that I really want to let you guys know that that is a problem for me and for us because that can't be the culture of your staff. So I am comfortable with the extension to try to figure something out.

3:50:000

Commissioner Mooney?

3:50:03 – 3:50:5054

Thank you. I don't think anyone also brought up the nature of the sexual assault reports that were in the 99 reports there. Those greatly concern me if there was any allegation of rape, any kind of sexual assault on a woman or man, the spiking of drinks. The shooting, okay, it happened and you have the metal detectors and so forth. But again, I wonder about a business that has these types of incidents that the police have come out on to make reports of.

3:50:52 – 3:51:2654

How do you explain, you know, come on down. Let's go down to Riverside and patronize the businesses that have shootings and rape allegations and spiking of drinks. That doesn't square and I am for the process. I certainly am. But I wonder what kind of a business would we allow that has those kinds in addition to your employee that is overdosing.

3:51:27 – 3:51:5454

It just it doesn't square with me. And so that's where I'm okay if we're going to go ahead and extend this further to further support a process of the business being able to respond. But those are quite serious violations and particularly the sexual assault. That concerns me.

3:51:56 – 3:52:397

Can I speak on that your honor? Commissioner? Sure. Go ahead. Rates definitely concern us as well. And so when we looked at the call logs we looked specifically for the rate. There's two 06/07/2025 that was Saturday in the middle of the day when downtown experiment was not open. There was another one on 07/08/2025. That was on a Tuesday at 10:47AM in the morning. Again, downtown experiment was not open. Those are two rape allegations that were assessed against downtown experiment that happened when we weren't even open in the middle of the day as well.

3:52:41 – 3:53:1554

So your statement would be that could not be a possibility of your business because it happened when a time when your business wasn't open. That's what I'm hearing you say. There's the others with the spiking of the drinks that more often happens against women for people who are going in whether it's at the UCR fraternity parties or any wherever. That concerns me about those kinds of violence against women. So, that's my

3:53:160

Thank you. Commissioner Wilder.

3:53:19 – 3:53:5518

Commissioner, I understand your concerns. As a business owner, as a business property owner, as multiple businesses, Those are concerns that are very alarming. The rape never occurred at downtown experiment. It was in the report. We're only open three days a week. Thursday, Friday, and Saturday. Sometimes on a Sunday if we have a special event during the day. Those are the only three days we're open. So it's a very short time that Downton Experiment even operates. You know, with the spiking, we did look into that.

3:53:55 – 3:54:3318

We were actually training our bartenders. We keep training our bartenders to make sure. You know we actually made different adjustments to making sure that our patrons are safe because at the end of the day if I'm a business owner nobody's safe then it shouldn't be open but I would tell you we've made a lot of adjustments to make sure the safety of our patrons and if you look at Delta and Experiment on a Friday, Saturday, it is the busiest venue and in business one hundred one, you go back to where you feel safe. You go back to where you have a great experience. I've been the hospitality for fourteen years.

3:54:33 – 3:54:4618

I've been doing business for over twenty five years. Customer service, keeping your patrons happy, making sure they have an experience. Nobody would be coming back to Downtown Experiment if it was that dangerous. There was We not a safe

3:54:46 – 3:55:130

need to proceed. We are going very long and that's okay. We need to get through everything that we needed to get through and give everybody an opportunity to speak. There is a, a committee meeting for counsel in this room that's supposed to start at 01:00. They're giving us grace for another fifteen minutes if we need it. But I just want to make sure that everybody's aware of that. Commissioner Wilder.

3:55:13 – 3:55:306

Yeah. Just a real quick question for the business owner. It was raised concerns regarding the drug overdose of your employee. As an employer do you routinely drug test your employees?

3:55:35 – 3:56:1718

So that employee that had the overdose, we got him treatment. He no longer works for Downton Experiment. Me as an individual, as a person. You know, during a lot of California laws, He could have came back. I had a conversation with him and he got treatment. He's working for another entity of ours, a construction company. I just told him, you know what, because of the environment, I just didn't think it was safe for you. But he did get re retreatment and and it was unfortunate that happened in my establishment. But one thing we do have signs in our restrooms. We talked to the employees.

3:56:17 – 3:56:4918

Unfortunately, we have a problem with drugs in our country and I can't put put police it all the time. But it's difficult when you're a business owner in California because there's certain rules you have to abide by before you get into trouble but I do think communicating and conversating with your employees as you could see to me I'm very approachable with my employees. I wanna make sure their safety and the culture that we run. But unfortunately that individual did get treatment. He's working for us in our construction company and he's doing much better.

3:56:51 – 3:57:036

Maybe the city attorney's office can answer this question. Is there a legal reason why an employer cannot request drug treatment or drug testing of their employees?

3:57:05 – 3:57:1656

Assistant city attorney Susan Wilson, I really I I don't know. I'd have to research that. That's a I I I honestly do not know. But I can provide that information to you.

3:57:18 – 3:57:350

Thank you. Commissioner Melendrez, did you have anything? Okay. Is there anybody else that has any other questions or comments, before I request us to figure out what we're gonna do? Montero.

3:57:37 – 3:58:079

Just a request on city staff, prior to our next meeting, is there any chance we can give it be given some data in regards to the surrounding bars and the calls per service based off square foot to kind of have a bottom line given this is a hospitality sector? That way we kind of can see and address that based off of other establishments as well.

3:58:21 – 3:58:4112

I think commissioner to keep this on some kind of time frame, The request to pull all that information would would take a substantial amount of time much further than the June 4 meeting with that. There's a number of establishments downtown, so we're talking about a substantial amount of time to do that.

3:58:44 – 3:58:550

Okay. Are you getting ready to say something? Alright. So, Wilder, are you getting ready to say something? Okay.

3:58:56 – 3:59:390

I just want to acknowledge, we've been here a long time and I want to acknowledge and thank everybody that came to speak. Your comments were very important. You speaking out as, members of our community, people that work, in this business. Y'all took the time and the fact that most of you are still here, says a lot to how you feel about your job and your role with this, company, with this business. There are still some very real concerns, that we, I hope, have laid out pretty clearly in our in our con conversation today.

3:59:40 – 4:00:150

I definitely think that some changes are very much needed, but I don't think that I do not personally support an outright revocation. So, I'm hopeful that we can agree as a commission to continue to the June 4 meeting and give staff some time to hopefully sit down with business owners and work some things out. So, that's I just wanted to close with that. Commissioner Wilder, did you want to make a motion?

4:00:16 – 4:00:356

Yeah. I'll move to continue this to the June 4 meeting given staff city staff and the business owner to work out to the satisfaction of the planning commission our concerns.

4:00:362

I'll second that.

4:00:38 – 4:00:520

We have a motion and a second on the table. I just want to clarify with staff that this is an appropriate way. We don't have to take action on the actual revocation first? I just want to make sure we're following appropriate procedure.

4:00:5256

I think it would be appropriate to have a motion to continue this decision on the revocation to a date certain.

4:01:000

Okay. Will you please revise your motion?

4:01:05 – 4:01:346

Okay. I move to continue this to the June 4. Given the staff opportunity to look into options regarding the re revocation of planning case PC 2026Dash00117.

4:01:350

Thank you. And you seconded? Alright. There's a motion and a second on the table. Please vote.

4:01:48 – 4:02:070

Alright, motion carries. Thank you. See you on June 4. We'll give everybody just a minute to clear out so we can move on to the consent calendar. We're not done.

4:02:075

Right. Oh.

4:02:097

You may go ahead. No.

4:02:110

No. I am gonna I am gonna table the work plan. Okay. We have to we have I'm gonna yeah.

4:02:1726

Got taking minutes.

4:02:180

a Yeah. Yeah. So give me a minute.

4:02:193

I've lost the agenda.

4:02:240

I wanna table the work plan. Yes.

4:02:297

Staff request we continue to Yeah.

4:02:339

Than enough for Jesus. So so we can

4:02:360

Okay. I'm

4:02:440

We're almost done. Almost done. Well, we have where's the work plan at?

4:02:58 – 4:03:210

it's seven okay so we're at consent calendar now right? Okay. Respect the fact that. Alright moving on to our consent calendar. Does anybody wish to pull any items from the consent calendar for discussion? If not, may I please have a motion to approve? Motion to approve. Thank you. Motion and a second. Please vote.

4:03:27 – 4:03:490

Everybody vote. Yep. Again. Okay. Alright. Rico Alderet, Commissioner Alderet abstained. So we're good. Consent calendar passes. Item number seven, discussion calendar.

4:03:494

Discussion calendar, the item number seven staff respectfully request that we continue this item to the April 9 meeting.

4:03:560

Yes, please. Okay. Is everybody okay with that? I don't Alright. Okay. Are there any, items for future commit, consideration?

4:04:06 – 4:04:254

March 26 will be canceled. You have all done more than enough for the month of March. So please enjoy that day off. And we will see you on April 9 with a discussion of your work plan for 2026 as well as I believe we have a day care request coming your way as a conditional use permit. So it should be a light meeting.

4:04:250

Thank God. Thank you everyone.

4:04:274

Thank Meeting you very

4:04:280

is adjourned.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.