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OKAY.

[00:00:02]

UH, GOOD MORNING LADIES AND GENTLEMEN.

WELCOME TO THE HEARING OF THE PERMIT AND LICENSE APPEAL BOARD FOR THE CITY OF DALLAS.

IT IS NOW 8 37 ON THURSDAY, JULY 20TH, 2023.

WE HAVE ONE HEARING ON TODAY'S AGENDA FOR ROYAL IN AND SUITES APPEALING THE NOTICE OF A FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY.

UH, AT THIS TIME, I'LL DO A ROLL CALL OF THE MEMBERS.

AND IF YOU ARE PRESENT, PLEASE, UH, SAY HERE, UH, IF YOU'RE ONLINE, PLEASE MAKE SURE YOUR MICROPHONE IS ON.

MS. ARIANO, MS. ALA AALA.

MS. AYALA, MS. WILLIS.

HERE.

MS. TORRES, YOUR CHAIR.

MR. HERE.

POWERS ARE NOT ON.

YEAH.

PUSH THE BUTTON.

HI.

HERE.

THERE YOU GO.

UH, MR. JEFF.

I AM PRESENT HERE.

MR. HAYES.

I'M HERE.

MR. QUINT, SIR.

MS. SHIN AND I AM HERE.

ABSENT FROM THE HEARING ARE MS. ARIANNA, MS. AYALA, AND MS. SHIN.

UM, HOWEVER, WE HAVE A QUORUM, AND THE MEETING IS NOW CALLED TO ORDER, UH, WHILE OTHERS PRESENCE AT TODAY'S HEARING, PLEASE INTRODUCE YOURSELF, STARTING WITH THE BOARD'S GENERAL COUNSEL.

UH, MY NAME IS MATTHEW SAPP.

I'M THE BOARD COUNSEL FROM THE, UH, UM, FROM THE CITY ATTORNEY'S OFFICE.

CASEY BURGESS, CITY ATTORNEY'S OFFICE.

ALRIGHT.

AND FROM THE CITY SECRETARY'S OFFICE, ME, SLAA MARTINEZ, DONNA BROWN, AND, UH, THE APPELLANT REPRESENTATIVE.

HI, MR. CHAIR.

I'M PHILLIP KINGSTON FOR AMID INVESTMENTS.

WELCOME, MR. KINGSTON.

AND DO YOU HAVE ANY WITNESSES WITH YOU OR ONLINE? NO.

OH, I DO.

I HAVE, UH, BOB AND PATEL WITH ME, I HAVE BOB AND PATEL WITH ME.

SORRY FOR THOSE LISTENING AT HOME.

THANK YOU.

WELCOME, MR. PATEL, ON BEHALF OF THE CITY ATTORNEY'S OFFICE.

JOHN.

HELLO, MY NAME IS AL JOHN.

JOHN ROBERTS CITY HERNANDEZ.

MR. ROBERTSON, DO YOU HAVE SOMEBODY WITH YOU? THAT WOULD BE MR. HERNANDEZ.

HELLO, ALEX HERNANDEZ.

UH, ASSISTANT CITY ATTORNEY.

UH, WELCOME, MR. ROBERTS AND MR. HERNANDEZ.

AND, UH, MR. ROBERTS, DO YOU HAVE ANY WITNESSES TODAY? I BELIEVE MR. HERNANDEZ.

OKAY.

HONORABLE CHAIR.

UH, WE DO HAVE A WITNESS, UH, SORRY TO INTERJECT.

I, I, I'M FIRST CHAIR.

UM, MY APOLOGIES, I COULDN'T END UP HERE IN PERSON.

I HAVE A BIT OF A, A BIT OF A COUGH AS YOU MAY HAVE HEARD EARLIER.

UH, AND WE DO, THE CITY DOES HAVE A WITNESS, UH, DETECTIVE SONYA HAYES FROM THE NUISANCE ABATEMENT UNIT.

UH, WELCOME DETECTIVE.

THANK YOU FOR BEING HERE TODAY.

THANK YOU, SIR.

THINK HOW TO SHOW THIS.

UM, AND OUR FIRST AGENDA ITEM, I, I GUESS, DID I GET EVERYBODY? I THINK SO.

ALL RIGHT.

OUR FIRST AGENDA ITEM IS, UH, PUBLIC TESTIMONY.

UH, HOWEVER, NO SPEAKERS HAVE REGISTERED TO ADDRESS THE BOARD, AND I SEE NOBODY PRESENT TO ADDRESS THE BOARD.

UH, SO WE'LL MOVE ON TO ITEM NUMBER TWO, APPROVAL OF THE MINUTES FROM THE LAST MEETING, WHICH WERE CIRCULATED.

UH, UM, IS THERE A MOTION REGARDING THE MEETING MINUTES FOR THE JUNE 1ST, 2023 MEETING? MOTION APPROVED.

SECOND.

A MOTION BY MR. CUC, SECONDED BY MR. HAYES.

UH, IS THERE ANY DISCUSSION? ANYBODY WANNA MAKE A COMMENT ON THE MOTION TO APPROVE

[00:05:01]

THE MINUTES FROM THE JUNE 1ST, 2023 MOTION? UH, SORRY.

THE MEETING, THE MINUTES FROM THE JUNE 1ST, 2023 MEETING.

UH, DOES ANYBODY WANNA COMMENT ON THE MOTION TO APPROVE? UM, ALL RIGHT.

IF THERE'S NO DISCUSSION, THEN WE WILL HAVE A VOTE.

THE QUESTION IS WHETHER TO APPROVE THE MINUTES FROM THE MEETING OF JUNE 1ST, 2023.

ALL THOSE IN FAVOR SAY AYE.

AYE.

AYE.

AYE.

AYE.

OKAY.

ALL THOSE, ALL THOSE OPPOSED SAY NAY.

UH, ALL RIGHT.

THE MOTION PASSES.

UNANIMOUS VOTE.

ALL RIGHT.

ITEM NUMBER THREE ON OUR AGENDA TODAY IS TO HEAR THE APPEAL REQUEST OF ROYAL IN AND SUITES APPEALING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY UNDER SECTION 27 DASH 51 OF THE DALLAS CITY CODE.

THE BURDEN OF PROOF FOR THIS HEARING IS ON THE APPELLANT AT THIS TIME.

UH, WE WILL SWEAR IN THE WITNESSES, UH, ANY WITNESSES WHO WISH TO TESTIFY, PLEASE RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN BY THE CITY SECRETARY'S OFFICE.

AND IF YOU ARE ON VIDEO, PLEASE MAKE SURE THAT YOUR, UH, CAMERA AND MICROPHONE ARE ON.

DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU WILL GIVE BEFORE THE BOARD TODAY WILL BE THE TRUTH? I DO.

ALL RIGHT.

THANK YOU.

AND, UH, MR. KINGSTON, FOR THE RECORD, HOW MUCH TIME DO YOU ANTICIPATE NEEDING FOR YOUR PRESENTATION, UH, MR. CHAIR? I THINK WE CAN PROBABLY GET THROUGH IT IN ABOUT 10 MINUTES.

UM, THE, I'D RATHER HAVE TIME FOR BOARD QUESTIONS IF THERE ARE ANY.

WE HAVE A, IT'S A VERY SIMPLE PRESENTATION.

OKAY.

VERY GOOD.

AND, UH, MR. HERNANDEZ, HOW MUCH TIME DO YOU ANTICIPATE NEEDING, UH, FOR OPENING AND PRESENTATION? I THINK 10 MINUTES SHOULD BE SUFFICIENT.

OKAY.

I APPRECIATE, UM, Y'ALL'S PROMISES OF BREVITY.

I TELL YOU WHAT, HOW ABOUT, UH, WE'LL DO LIKE FIVE OR SEVEN MINUTES FOR OPENINGS, AND I'LL GIVE YOU EACH 20 MINUTES.

I KNOW YOU ONLY ASK FOR 10, BUT, UM, I USUALLY DO 30, SO WE'LL SPLIT THE DIFFERENCE AND GIVE YOU 20, UM, THE EXHIBITS HAVE BEEN, UH, ACCEPTED.

SO FOR THE APPELLANT, MR. KINGSTON, WE HAVE ONE EXHIBIT.

IS THAT CORRECT? CORRECT.

AND MR. HERNANDEZ, FOR THE CITY, WE, WE ALSO HAVE ONE EXHIBIT, IS THAT CORRECT? CORRECT.

CORRECT.

ONE BINDER WITH SUB EXHIBITS WITHIN THE BINDER? YEAH, I'VE GOT, UH, A BUNCH OF TABS.

RIGHT.

AND THE PDF DOES HAVE, UH, BOOKMARKS.

OKAY.

UM, ENABLED IF FOR EVERYONE'S CONVENIENCE.

OH, I LOVE THAT.

IF I CAN FIGURE OUT HOW TO SEE THEM.

UM, BUT, UH, I'VE GOT ABOUT 460 PAGES.

DOES THAT SOUND RIGHT? YEAH.

YES.

HONORABLE CHAIR.

OKAY.

THANK YOU.

UM, EXCELLENT.

MR. SAPP, WOULD YOU PLEASE READ THE RELEVANT ORDINANCE? CERTAINLY.

SECTION 27 48 FROM THE CITY CODE DEALS WITH THE PRESUMPTIONS CONCERNING A HABITUAL CRIMINAL PROPERTY.

PART A ACKNOWLEDGES THAT A PROPERTY IS PRESUMED A HABITUAL CRIMINAL PROPERTY IF THE PROPERTY IS THE SITE OF FIVE OR MORE DEBATABLE CRIMINAL ACTIVITIES WITHIN 365 DAYS, RESULTING IN EITHER A REPORT OF A LAW ENFORCEMENT AGENCY DOCUMENTING AN INVESTIGATION OF AN DEBATABLE CRIMINAL ACTIVITY ON THE PROPERTY OR ENFORCEMENT ACTION AGAINST ANY PERSON ASSOCIATED WITH THE DEBATABLE CRIMINAL ACTIVITY ON THE PROPERTY, AND AT WHICH PERSONS HAVE HISTORICALLY COMMITTED DEBATABLE CRIMINAL ACTIVITIES ACCORDING TO RECENT CRIME DATA.

UH, PARAGRAPH C ALSO INDICATES THAT AN OWNER OF A HABITUAL CRIMINAL OR NUISANCE PROPERTY IS PRESUMED TO HAVE KNOWINGLY TOLERATED THE DEBATABLE CRIMINAL ACTIVITY OR CODE VIOLATIONS OF AT THE OWNER'S PROPERTY BY FAILING TO TAKE REASONABLE STEPS, INCLUDING THOSE OUTLINED IN SECTION 27, 49 B ONE OF THIS CHAPTER, AS AMENDED TO ABATE THE CRI ABATE CRIMINAL ACTIVITY OR CODE

[00:10:01]

VIOLATIONS.

THANK YOU.

UH, AND NOW WE WILL, UH, PROCEED DIRECTLY TO OPENING STATEMENTS.

MR. KINGSTON.

UH, THANK YOU, MR. CHAIR.

UM, WE HAVE A VERY SIMPLE ASK OF P LAB TODAY.

UM, A LITTLE EMBARRASSED THAT WE'RE THE ONLY THING ON THE DOCKET.

WE KNOW Y'ALL DON'T ALWAYS HAVE AN AGENDA, AND SO IT, IT KIND OF SUCKS TO BE THE PERSON WHO DRAGGED Y'ALL OUT AT EIGHT 30.

SORRY ABOUT THAT.

UM, APPRECIATE YOUR SERVICE ON THIS.

THE, FROM A LEGAL STANDPOINT, D P D HAS ENOUGH BEATABLE OFFENSES TO DESIGNATE THE PROPERTY AS AN HCP FOR ANOTHER YEAR.

AS A PRACTICAL MATTER, IT SHOULD NOT.

UM, THIS PROPERTY HAS BEEN UNDER HCP FOR A YEAR.

UM, I THINK THAT MR. HERNANDEZ AND HIS, UH, VERY CAPABLE WITNESS, UH, WILL AGREE THAT THE PROPERTY OWNERS HAVE DONE EVERYTHING.

D P D AND DALLAS FIRE RESCUE AND CODE HAVE ASKED.

UM, THERE'S BEEN AN APPROXIMATELY $150,000 INVESTED IN THE PROPERTY IN THE LAST YEAR.

AND THE EVIDENCE WILL SHOW FROM DPDS OWN, UM, LETTERS THAT IT IS SENT TO THE PROPERTY OWNERS THAT THE DESIGNATION WORKED.

UM, THERE IS MUCH LESS CRIME AT THE PROPERTY, AND THE NATURE OF THE CRIME IS MUCH LESS SERIOUS THAN WHEN THIS BOARD SAW THIS PROPERTY LAST YEAR.

UM, AND SO IT'S ONE OF THOSE THINGS WHERE THIS IS WHAT ALL WE'RE APPEALING TO, REALLY, IS THE DISCRETION OF THE BOARD.

UM, THEY CAN POINT TO FIVE OR MORE ABA OFFENSES.

UM, ACTUALLY, I THINK IT'S JUST FIVE, BUT, UM, YOU KNOW, IT, IT'S A QUESTION OF CAN VERSUS SHOULD IN THIS CASE.

AND THAT'S, I THINK, WHY P LAB HAS THIS APPEAL DISCRETION.

UM, WE WOULD LIKE TO KEEP WORKING WITH D P D, BUT YOU ALSO HEAR TODAY THAT SOME OF THE DEBATABLE OFFENSES ARE THE RESULT OF AMIT'S, UM, PERSONNEL CALLING D P D.

UH, SO THE, YOU KNOW, THESE, THESE HABITUAL CRIMINAL NUISANCE DESIGNATIONS HAVE A REAL MORAL RISK, UM, WHICH IS, I THINK WHAT WE CALL, UH, IN THE, IN, LIKE IN THE INSURANCE BUSINESS, WHEN YOU HAVE GIVEN SOMEBODY INCENTIVE TO DO BAD.

AND THE INCENTIVE HERE, WHEN YOU HAVE A PROPERTY THAT IS COM THAT IS COOPERATING, TRYING TO DO BETTER, AND THAT IS DOING BETTER, THE, THE NEGATIVE INCENTIVE IS TO NOT CALL D P D WHEN THINGS GO WRONG.

UH, AND I THINK WE DON'T WANT TO ENCOURAGE THAT.

THE SPECIFIC THING THAT JUMPED OUT AT ME WHEN I FIRST SAW THE DESIGNATION LETTER, ACTUALLY THE ACCORD LETTER, WHICH LISTS OUT THE OFFENSES, WHICH YOU ALL HAVE IN YOUR PACKET, IS THAT FOUR OR FIVE OF THOSE OFFENSES ARE EITHER NON ARRESTABLE ACCORDING TO CHIEF EDDIE GARCIA, OR NON PROSECUTABLE ACCORDING TO JUDGE CRUZO.

UM, AND I THINK IT IS VERY COUNTERPRODUCTIVE FOR D P D TO USE, UH, OFFENSES THAT ARE TECHNICALLY VIOLATIONS OF STATE LAW, BUT THAT ARE NOT PROSECUTED HERE AS REASONS TO CONTINUE TO POST THE HABITUAL CRIMINAL NUISANCE SIGNS AND REQUIRE THE COSTLY, UH, REGIME OF INSPECTIONS THAT, UH, HABITUAL CRIMINAL NUISANCE DESIGNATION COMES WITH.

SO THAT'S, I DON'T WANNA MAKE IT MORE COMPLICATED THAN ANY OF THAT.

WE, WE ARE JUST ASKING FOR THE BOARD TO USE ITS DISCRETION TO REWARD A PROPERTY FOR PARTICIPATING IN THE, IN THE PROCESS AND HAVING IMPROVEMENTS.

THANK YOU, MR. CHAIR.

UH, THANK YOU.

AND MR. HERNANDEZ, DO YOU WANT TO BEGIN WITH A BRIEF OPENING? UH, YES.

HONORABLE CHAIR AND HONORABLE, UH, BOARD MEMBERS,

[00:15:02]

WE'VE ALL DRIVEN AND PERHAPS OWN CARS.

AND LET'S SAY YOU NOTICE THE TIRE IS A LITTLE BIT LOW IN THE AIR.

YOU SEE IT, YOU GET A NOTIFICATION ON THE DASHBOARD, PERHAPS.

AND INSTEAD OF CHANGING THE TIRE, FILLING IT UP, OR WITH AIR REPAIRING OR REPLACING IT, YOU DECIDE TO KEEP DRIVING.

AND EVENTUALLY SOMEONE LETS YOU KNOW, HEY, YOUR TIRE IS GETTING LOW, AND THEN YOU DECIDE TO GO TRY TO REPAIR IT.

OKAY? AND IT MAY BE GOOD FOR THE ENTIRE DURATION OF THE TIRE OR FOR A SHORT AMOUNT OF TIME.

BUT THEN YOU SEE THAT THE PROBLEM PERSISTS, THE TIRE STARTS TO GO FLAT AGAIN, AND SOMEONE MOURNS YOU.

AND YOU KNOW, YOU MAY TAKE IT TO GET A QUICK FIX AND SEE IF THAT WORKS AGAIN, AFTER SOME TIME, IT GOES FLAT AND YOU KEEP DRIVING.

AND THE PROBLEM ONLY CONTINUES TO GET WORSE.

SO, AT WHAT POINT DO YOU DECIDE TO TAKE CONSTRUCTIVE ACTION AND ADDRESS THE ROOT OF THE PROBLEM? IS IT WHEN YOU'VE CAUSED AN ACCIDENT? IS IT AFTER YOU'RE STRANDED ON THE SIDE OF THE ROAD? AND THIS IS PRECISELY THE PROBLEM THAT WE HAVE WITH WHAT, UH, THE PROPERTY OWNER IN 69 50 MARVIN D LOVE FREEWAY DID.

HE SAW THAT THERE WAS CRIME WAS A PROBLEM, AND THEY ESSENTIALLY CONTINUED AS THEY, THEY DID.

THEY WATCHED, THEY TALKED WITH US, THE CITY AND D P D, AND EVENTUALLY THE CITY CONTINUED TO LET THEM KNOW, HEY, CRIME IS STILL A PROBLEM ON THE PROPERTY.

AND THEY INITIALLY RESPONDED WITH SOME MEASURES, BUT EVENTUALLY THE MEASURES WERE NOT REASONABLE ENOUGH GIVEN THEIR SITUATION AND THE CRIME CONTINUED ON THE PROPERTY.

SO A PROBLEM CONTINUED BECAUSE THE PROPERTY OWNER'S FAILURE TO ACT AND TO ADDRESS CRIME THAT BECAME A LARGER ISSUE ON THE PROPERTY.

AND TEXAS HAS DIS DETERMINED THAT CRIME IS TOO BIG OF AN ISSUE TO SIMPLY BE ADDRESSED SOLELY BY POLICING AGENCIES.

SO CHAPTER 1 25 WAS ENACTED TO ENSURE THAT PROPERTY OWNERS WOULD TAKE RESPONSIBILITY AND TAKE REASONABLE STEPS TO DECREASE CRIME.

UH, THE CITY OF DALLAS ALSO HAS A SIMILAR PROVISION, WHICH YOU'RE QUITE FAMILIAR WITH, AND REQUIRES ONLY A PLACARD AND A FEE WITH THE HOPE OF ENCOURAGING PROPERTY OWNERS TO TAKE RESPONSIBILITY, TO TAKE ACTION, AND TO TAKE THESE REASONABLE STEPS TO DECREASE TIME OF CRIME, TO IMPROVE AND PROTECT THEIR OWN ASSET, BEING THE BUSINESS OWNER, THE PROPERTY OWNER.

AND MIND YOU, THEY, THE CITY FULLY RECOGNIZES THEY COMPLIED WITH THE CITY CODE AND, UH, DALLAS FIRE RESCUE RECOMMENDATIONS WHEN THEY IMPROVED, UH, THE CONDITIONS ON, ON THE PROPERTY.

UM, BUT THIS IS NOT ABOUT THE CODE AND FIRE VIOLATIONS.

THIS IS ABOUT THE CONTINUED CRIME THAT OCCURS ON THE PROPERTY.

AND THE CITY SHOULDN'T HAVE TO BEG OR MINE A PROPERTY TO PROTECT THEIR BUSINESS.

NO ONE SHOULD HAVE TO BEG OR REQUEST MULTIPLE TIMES FOR THE DRIVER TO CHANGE OR REPAIR THEIR AT TIRE.

AND SO, YOU MAY HEAR ARGUMENTS THAT, UM, YOU KNOW, CHIEF GARCIA OR THE DA'S OFFICE WON'T PROSECUTE CERTAIN CRIMES, UM, AND THAT THE OWNERS DID DO THEIR PART TO TAKE REASONABLE MEASURES.

BUT WHAT YOU WON'T HEAR IS HOW THEY TACKLED THE CRIME ISSUE WITHOUT PROMPTING FROM THE CITY AND WITHOUT PROACTIVELY AND PROACTIVELY ADDRESS IT WITHOUT THAT PROMPTING.

AND SO, AFTER AN INITIAL H C P LETTER WAS ISSUED, UH, LAST YEAR, THEY HAD TAKEN SOME STEPS, BUT THE CRIME CONTINUED AND THEY DIDN'T TAKE ADDITIONAL REASONABLE STEPS TO REDUCE THAT CRIME THAT CONTINUED TO PERSIST AT THE PROPERTY.

SO THE CITY SENT A SECOND HCP NOTICE, THE CITY AGAIN MET WITH, UH, PR, UH, COUNSEL OF, OF PROPERTY OWNER, AND THEY HAD TAKEN SOME STEPS, BUT IT WAS SIMPLY TOO LITTLE, TOO LATE.

AND THOSE MEASURES CAN'T BE COUNTED TOWARDS THE REASONABLE STEPS BECAUSE THEY SHOULD HAVE BEEN TAKEN PRIOR TO THE SECOND HCP LETTER THAT THEY'RE NOW APPEALING.

REMEMBER, ONCE THE LETTER IS SENT, THE OWNERS CAN ONLY REBUT THE PRESUMPTION THAT THEY KNOWINGLY TOLERATED DEBATABLE CRIME BY PROVIDING EVIDENCE THAT THEY TOOK REASONABLE STEPS TO ABATE THAT CRIME.

SO THE CITY RESPECTFULLY ASKS THE BOARD TO REMAIN FOCUSED ON THE KEY ISSUES, UH, AT HAND AND TO UPHOLD THE H CCP DESIGNATION.

THANK YOU.

THANK YOU, MR. HERNANDEZ.

UM, WE ARE NOW READY TO BEGIN THE PRESENTATIONS IN CHIEF, UH, BUTTON.

WE'LL BEGIN WITH THE APPELLANT.

AND, UM, JUST TO CLARIFY, YOUR TIME COUNTS FOR YOUR PRESENTATION, AND THEN ANY TIME YOU SPEND EXAMINING THE CITY'S WITNESSES, BUT IT DOESN'T INCLUDE ANY TIME THAT HE'S QUESTIONING YOUR WITNESSES OR THAT THE BOARD IS QUESTIONING YOUR WITNESSES.

UM, AND YOU'VE GOT

[00:20:01]

20 MINUTES.

UH, THANK YOU CHAIR, UH, BAVAN, WOULD YOU PLEASE INTRODUCE YOURSELF, GIVE YOUR NAME AND YOUR, UH, ADDRESS.

GOOD MORNING EVERYONE.

THANK YOU FOR THE TIME FOR, UM, HEARING OUR APPEAL.

UH, MY NAME IS BAVAN PATEL.

UM, I'M REPRESENTING AME INVESTMENTS LOCATED AT 69 50 MARVIN D LOVE FREEWAY.

UM, I LIVE IN IRVING, 1824, SHEMAR OAK LANE, IRVING, TEXAS 75,063.

THANK YOU.

LET'S, UH, LET'S JUMP RIGHT INTO MR. HERNANDEZ'S REPRESENTATIONS TO THIS BOARD.

UM, OVER THE COURSE OF THE LAST YEAR AFTER THE INITIAL HABITUAL CRIMINAL NUISANCE DESIGNATION, DO YOU AGREE THAT, UH, YOU TOOK NO STEPS TO IMPROVE THE PROPERTY WITHOUT BEING PROMPTED BY THE CITY? NO, I DO NOT AGREE.

UM, DO YOU FIND THAT INSULTING? ABSOLUTELY.

UM, TELL ME, PLEASE, WHAT THE MAJOR STEPS THAT YOU UNDERTOOK TO IMPROVE THE PROPERTY THAT WERE NOT REQUESTED BY D P D FIRE OR ANY OTHER CITY DEPARTMENT.

SO WE WERE UPGRADING THE PROPERTY, UM, LOTS OF CONSTRUCTION GOING ON.

UM, THIS IS SOMETHING THAT DALLAS, UM, CITY OF DALLAS, DALLAS PD, UM, CODE COMPLIANCE DIDN'T REALLY REQUEST.

WE WERE DOING IT TO UPGRADE AND ENHANCE THE AREA AND OUR ASSET.

UM, WE ALSO UPDATED LIGHTING.

UM, WE PUT SECURITY, UM, GATES ON THE PROPERTY TO PREVENT UNWANTED, UM, GUESTS OR, YOU KNOW, PEOPLE COMING IN.

UM, AND, YOU KNOW, WE, AND WE HAD TO TAKE THAT OFF BECAUSE OF THE REASON IF THERE'S A FIRE AND IF PEOPLE NEED TO GET OUT.

SO WE UNDERSTOOD THAT.

UM, BUT WE TOOK MEASURES IN UPGRADING OUR SECURITY CAMERAS AS WELL.

UM, AND WE ALSO HIRED A SECURITY COMPANY, WHICH WE'VE HAD FOR THE LAST, UM, FIVE TO SEVEN YEARS.

UM, BUT WE, WE UPPED THEIR HOURS.

SO PER WEEK IT WAS ROUGHLY, UM, 20 TO 30 HOURS.

UM, RIGHT NOW WE REQUIRE OUR SECURITY COMPANY A MINIMUM OF 40 HOURS.

UM, THERE ARE WEEKS WHERE THEY'RE EVEN THERE 50 TO 60 HOURS A WEEK.

I'M TRYING TO SHARE THIS THING.

I THINK I'VE GOT IT UP THERE.

UM, ARE THESE PICTURES OF THE PROPERTY? YES, THIS IS, UH, THE CURRENT, UH, STATE OF THE PROPERTY.

OKAY.

UM, TELL ME SPECIFICALLY WHAT, UH, WAS DONE TO IMPROVE THE PROPERTY? SO WE STARTED WITH THE REMODEL OF THE ROOMS. UM, WE TOOK OUT OLD CARPET, PUT IN L V T FLOORING, REDID THE BATHROOMS, UM, A COMPLETE REMODEL AND REFURBISHED OF THE BATHROOMS ON THE EXTERIOR.

WE, UM, REPAINTED THE BUILDING.

WE ALSO WORKED ON SOME OF THE ROOF DAMAGES THAT WE HAD.

UM, WE UPGRADED OUR SIGNAGE AT THE PROPERTY, UM, UPGRADED LIGHTING ON THE PROPERTY.

UH, WE ALSO TOOK A MEASURE OF, UM, TRAINING OUR EMPLOYEES THERE TO SEE, AND, YOU KNOW, IF THEY SEE SOMETHING THAT'S KIND OF OFF, UM, REPORT IT TO D P D OR DON'T RENT TO THE GUESTS.

UM, IF WE HAVE ISSUES WITH CERTAIN GUESTS, UM, THAT WE FEEL LIKE COULD BE A SAFETY HAZARD TOWARDS OTHER TENANTS OR OUR EMPLOYEES, UM, US OURSELVES, UM, WE PRETTY MUCH TELL THEM THEY HAVE TO LEAVE.

WE RUN INTO A LOT OF ISSUES WHERE WHEN WE ASK PEOPLE TO LEAVE THE PROPERTY, THEY GET VERY HOSTILE TOWARDS US.

AND THAT'S LIKE IN A POINT WHERE MY FATHER ACTUALLY HAS BEEN ASSAULTED ON THE PROPERTY.

RIGHT.

UM, JUST TRYING TO GET THE PEOPLE OUT.

WE'RE LIKE, HEY, WE DON'T CARE WHAT YOU GOT GOING ON, GET OFF THE PROPERTY.

WE CALL D P D.

BUT WE'RE AT A POINT IN TIME WHERE IT'S HARD FOR US TO EVEN WORK WITH D P D.

UM, WE CALL D P D, WHETHER IT'S THIS PROPERTY OR THE MULTIPLE OTHER PROPERTIES I HAVE IN THE CITY OF DALLAS.

UM, THEY DON'T SHOW UP HALF THE TIMES.

WE GET A, MY FATHER RECENTLY CALLED A, UM, CALLED THE COPS ON A GUY WHO THREATENED TO SHOOT UP MY MANAGER.

AND THE PROPERTY, WE THOUGHT WE TOOK IT PRETTY SERIOUS, AND IT WAS A THREAT, UM, CALLED D P D.

THE GUY WAS ON PROPERTY, HE LEFT D P D, DIDN'T, D P D DID NOT SHOW UP.

AND THEN MY DAD GETS A CALL THE NEXT MORNING, HEY, DO YOU STILL NEED THE POLICE TO POLICE OUT THERE? SO, YOU KNOW THIS, IT'S TELLING THAT, UM, WE DON'T GET ASSISTANCE.

SO WE, WE TRY TO DO EVERYTHING THAT WE CAN IN OUR POWER.

WHEN WE'RE ON THE PROPERTY, AT THE PROPERTY, WE TRY TO GET PEOPLE OUT, BAD APPLES OUT.

UM, WE HAVE A LOT OF PEOPLE WHO STAY THERE, UM, THAT ARE, YOU KNOW, FAMILIES, GOOD PEOPLE, UM, AND WE DON'T HAVE ISSUES WITH A LOT.

WE

[00:25:01]

PREVENT OURSELVES FROM EVEN CALLING D P D HALF THE TIMES, YOU KNOW, IF WE CAN DEAL WITH IT OURSELVES BETTER.

UM, BUT THERE ARE TIMES WHERE WE NEED THE ASSISTANCE FROM D P D, UM, AND, YOU KNOW, IT'S, IT'S HARD TO EVEN GET IT AT TIMES.

I'VE BEEN OUT THERE ONCE, UM, AND I HEARD GUNSHOTS.

I DON'T KNOW IF IT WAS ON MY PROPERTY OR IF IT WAS THE PROPERTY NEXT TO US, UM, BUT I CALLED DALLAS POLICE DEPARTMENT THAT THE WHOLE NIGHT I WAS THERE, NO ONE SHOWED UP.

I HAD MY SECURITY COMPANY COME OUT.

HE DID A COUPLE ROUNDS.

HE'S LIKE, HEY, I DIDN'T SEE ANYTHING.

UM, AND, YOU KNOW, IT WAS FINE, BUT HOW OFTEN IS SECURITY THERE? SECURITY'S THERE.

RIGHT NOW WE HAVE THEM SIX DAYS A WEEK, UM, PER NIGHT BETWEEN THE HOURS OF 10:00 PM TO 6:00 AM UM, SIX DAYS A WEEK.

THAT ONE DAY OFF WILL BE KIND OF, THEY'LL, THEY'LL RANDOMIZE IT THROUGHOUT THE MONTH, UM, AND ALTERNATE IT.

UM, AND WE ALSO HAVE SECURITY FRIDAY, SATURDAY, SUNDAY, 10:00 AM TO 2:00 PM.

AND DOES D P D REQUIRE YOUR SECURITY TO BE ARMED? UM, I, I DON'T THINK SO, BUT, UH, I'M NOT SURE IF D P D YEAH, I'M NOT SURE ABOUT THE REQUIREMENT, BUT THEY ARE ARMED.

THEY ARE ARMED.

SO IN THE LAST YEAR, CAN YOU ESTIMATE THE COSTS OF IMPROVEMENTS TO THE PROPERTY? YOU HAD THE NEW SIGN, YOU UPGRADED THE ROOMS. UM, THERE'S IN INCREASED LIGHTING, CORRECT.

INCREASED LIGHTING, UM, UM, TOTAL INVESTMENT CAPITAL EXPENDITURES INTO THE PROPERTY.

IT'S ABOUT 400 TO 500,000 ALL IN.

UM, AND THIS WAS SPENT OVER A COURSE OF, UH, 12 TO 18 MONTHS, UM, BUT AROUND 500,000 COURSE OF 18 MONTHS.

UM, AND WE'VE UPGRADED OUR EXPENDITURES ON A MONTHLY BASIS, UM, FOR SECURITY ADDED SOFTWARE FOR OUR CAMERAS, UM, AND SUCH THINGS.

I'M GONNA HAND YOU, UH, A LETTER FROM DALLAS FIRE RESCUE.

HAVE YOU SEEN THIS? YES.

UM, CAN YOU READ THE FIRST LINE? CONGRATULATIONS.

YOUR ANNUAL FIRE LIFE AND SAFETY FIRE COURT INSPECTION.

HAS SATISFACTORILY BEEN COMPLETED? WHAT HAS YOUR INTERACTION BEEN LIKE WITH DALLAS FIRE RESCUE? UM, THEY, YOU KNOW, WE TOOK A LOT OF MEASURES, UM, TO WHATEVER THEY REQUIRED.

WE DID, UM, YOU KNOW, IT'S, THEY WERE, THEY WERE WITH US EVERY STEP OF THE WAY, COMING AND VISITING THE PROPERTY.

I DON'T HAVE ANYTHING.

THEY, THEY WERE HELPFUL, BUT THERE WERE TIMES WHERE CERTAIN THINGS THEY WANTED ME TO DO, AND I UNDERSTOOD WHY.

BUT WE CAME TO AN AGREEMENT, WE HAD TO GO BACK AND FORTH.

UM, FOR EXAMPLE, ONE THING I REMEMBER WAS, UM, A WINDOW.

WE HAD GRILLS ON 'EM.

THESE WINDOWS ARE CONNECTED TO OUR BACK OFFICE, RIGHT? AND IN THE PAST, THERE'S BEEN AN INCIDENT, THIS WAS ABOUT EIGHT, MAYBE, MAYBE ABOUT EIGHT, 10 YEARS AGO, UM, WHERE SOMEONE BROKE THE WINDOW, CAME INTO THE BACK, HELD A GUN AT ONE OF OUR EMPLOYEES, ROBBED THE PLACE.

SO WE PUT UP THESE GRILLS AFTER THAT INCIDENT, RIGHT, TO PROTECT OUR EMPLOYEES OURSELVES.

UM, WELL, THESE GRILLS, IF THERE WAS A FIRE, THEN, YOU KNOW, YOU CAN'T EXIT THROUGH THE WINDOW.

AND, UM, THAT WAS SOMETHING.

AND, BUT EVERYONE THAT WORKED THERE STAYED THERE, KIND OF KNEW THERE WAS A FIRE.

THE ONLY ENTRANCE IS THROUGH THE FRONT, UM, ET CETERA.

SO WE WENT BACK AND FORTH WITH FIRE DEPARTMENT, BUT WE CAME TO AN AGREEMENT WHERE WE HAD TO PUT ON SOME LOCKS, AND THEY KIND OF SHOWED US THE SPECIAL MECHANISMS, UM, AND HARDWARE TO USE, WHICH WE UTILIZED AND WE COMPLETED.

UM, BUT THAT WAS KIND OF THE ONE THING.

BUT OTHER THAN THAT, MOST OF THE THINGS IN TERMS OF FIRE, WE'VE TAKEN CARE OF, WE DO ROUTINELY INSPECTIONS OURSELVES.

UM, ALSO HELPED MY NEW MANAGER, UM, TO KIND OF UNDERSTAND THE, WHAT THEY LOOK FOR AND MAKE SURE WE'RE ON TOP OF IT.

OKAY.

SO WHAT THE THING WE'RE REALLY HERE ON TODAY IS THAT THE STATE HAS DEFINED, UH, A LARGE LIST OF CRIMINAL OFFENSES AS DEBATABLE, MEANING THAT IT'S THE STATE'S OPINION THAT THE PROPERTY OWNER CAN PREVENT THESE KINDS OF CRIMES ON THE PROPERTY.

AND WE KNOW FOR A FACT THAT MOST OF THE LUXURY, UH, HOTELS IN TOWN HAVE MANY MORE THAN FIVE AVAILABLE CRIMINAL OFFENSES PER YEAR, BUT THEY'RE NEVER IN A P LAB HEARING OR HAVE AN, AN ACCORD LETTER SENT TO THEM.

SO LET'S LOOK AT THE ONES THAT YOU HAVE.

HOW, AS A, AS AN, AS A PROPERTY OPERATOR, AS A MO HOTEL MOTEL OWNER, UM, ON 3 6 20 23, THE POLICE SAY THAT THEY ARRESTED SOMEBODY FOR POSSESSION OF A CONTROLLED SUBSTANCE IN PENALTY GROUP, ONE OF LESS

[00:30:01]

THAN A GRAM.

HOW, AS A PROPERTY OWNER, DO YOU PREVENT SOMEONE FROM POSSESSING CONTROLLED SUBSTANCES LESS THAN A GRAM? THERE'S ABSOLUTELY NO WAY.

WHEN THEY, WHEN THEY CHECK IN, DO YOU ASK THEM IF THEY HAVE CONTROLLED SUBSTANCES LESS THAN A GRAM? NO.

NO, THAT'S NEVER, OKAY.

NEVER EVEN HEARD OF IT.

UM, ON 2 21, 20 23, THE POLICE SAY THAT THEY MADE AN ARREST FOR CRIMINAL TRESPASS.

UM, HOW, HOW DO YOU PREVENT CRIMINAL TRESPASS ON YOUR PROPERTY? HAVE YOU IMPROVED THE ACCESS TO THE PROPERTY, THE FENCING, THE LIGHTING? YES, WE HAVE IMPROVED THOSE THINGS.

UM, THIS, I THINK THIS CRIMINAL TRESPASS, UM, WAS CALLED IN BY ONE OF OUR EMPLOYEES FROM, IF I'M NOT MISTAKEN.

OKAY.

UM, ON FEBRUARY 17TH, 2023, THE POLICE CLAIMED TO HAVE, UH, ARRESTED SOMEBODY FOR CRIMINAL MISCHIEF, UH, BETWEEN A HUNDRED DOLLARS AND $750.

DO YOU REMEMBER THAT INCIDENT? UM, NOT OFF THE TOP OF MY HEAD.

UM, NOT, NOT CLEARLY.

SURE.

HOW WOULD YOU PREVENT SOMEBODY FROM COMMITTING CRIMINAL MISCHIEF? I DON'T EVEN KNOW.

OKAY.

NO CLUE.

UM, DOWN AT THE BOTTOM, THERE'S A SCARY LOOKING ONE ON MAY 25TH OF LAST YEAR CALLED UNLAWFUL POSSESSION OF FIREARM BY A FELON.

WHEN SOMEBODY'S CHECKING IN, IS IT LEGAL FOR YOU TO ASK IF THEY HAVE A GUN OR IF THEY ARE A FELON? UM, NO, IT'S NOT.

UM, AND, UM, TELL US IF YOU WOULD, WHAT YOUR INTENTION IS, YOU AND YOUR FATHER AND AMIT'S INTENTION IS OVER THE COURSE OF THE NEXT YEAR, WHETHER YOU ARE DESIGNATED OR NOT DESIGNATED.

WHAT IS THE PLAN FOR THIS PROPERTY? OUR PLAN IS TO CONTINUE TO KEEP THE PROPERTY SECURE.

UM, YOU KNOW, IT'S NOT JUST, UM, OUR ASSET, BUT WE'RE SECURING FOR THE PEOPLE THAT LIVE THERE AND FOR OUR EMPLOYEES.

UM, SO, YOU KNOW, CONTINUING THE SECURITY, BUT ALSO ENHANCING OUR PROPERTY, CONTINUING, CONTINUING TO PUT MONEY INTO THE PROPERTY TO MAKE IT UP, MAKE UPGRADES ROUTINELY, UM, IF THERE'S ISSUES.

UM, BUT IN TERMS OF THE CRIMINAL ACTIVITY, IF THAT'S THE SUBJECT WE'RE ON, I MEAN, UM, THERE'S A LOT OF THESE THINGS WHERE WE CAN'T, LIKE, I EVEN LOOKED AT THE LETTER.

I'M LIKE, I'M TRYING TO SIT THERE AND FIGURE OUT WHAT CAN I DO? WHAT CAN WE DO? DO I NEED TO GET METAL DETECTORS? I MEAN, IT'S, THAT, IS THAT NORMAL FOR HOTELS AND MOTELS? UM, I CERTAINLY DON'T THINK SO THAT I NEED IT, BUT, UM, YOU KNOW, THAT'S SOMETHING, A THOUGHT I HAD, RIGHT? UM, OBVIOUSLY IT TAKES SOME MONEY TO DO THAT.

I HAVE TO HAVE SOMEONE RUN IT AND ALL THOSE TYPES OF THINGS.

BUT IN SOME OF THESE INSTANCES, THERE'S BEEN CERTAIN CRIME, FROM WHAT I REMEMBER, WHERE IT'S OUT OF OUR HANDS, UM, WHERE I JUST, THERE'S NOT SO MUCH WE CAN DO IF SOMEONE CARRIES A GUN.

I DON'T KNOW IF THEY HAVE ONE IN THEIR BACK POCKET OR THEIR BACKPACK.

I DON'T KNOW IF SOMEONE HAS LESS THAN ONE GRAM.

UM, SO, BUT WE CONTINUE TO CREATE A LIST.

SO WE HAVE A DO NOT RENT LIST ON THIS LIST.

WE PUT NAMES OF PEOPLE THAT WE DO NOT WANT BACK AT THE PROPERTY.

WE'VE HAD ISSUES WITH EITHER D P D OR, YOU KNOW, TOLD US THAT THEY'RE LOOKING FOR THESE PEOPLE.

WE ADD THEIR NAMES TO THESE LISTS.

UM, ONCE WE HAVE A BAD ISSUE WITH SOMEBODY, UM, WE GET THEM OFF THE PROPERTY.

BUT CONTINUING OUR SECURITY IS ONE OF THE MOST IMPORTANT THINGS, NOT JUST, UM, FOR CITY OF DALLAS, BUT FOR US.

UM, YOU KNOW, IT'S SECURITY IS VERY IMPORTANT.

I UNDERSTAND WHAT'S GOING ON.

AND CITY OF DALLAS, BECAUSE I HAVE MULTIPLE PROPERTIES.

I MEAN, CRIME IS GOING UP AND, YOU KNOW, I MEAN, IT, EVERYBODY KNOWS THIS.

UM, SO, YOU KNOW, I SUPPORT THE WORK THAT D P D DOES.

I WANT TO CONTINUE TO SUPPORT D P D, UM, YOU KNOW, BUT WE HAVE TO PROTECT OUR ASSET, OUR PROPERTY, OUR EMPLOYEES, OUR CUSTOMERS, AND THAT'S ONE OF MY MOST IMPORTANT, UM, YOU KNOW, THINGS THAT WE NEED TO, THE GOALS.

UM, BECAUSE WITHOUT THAT, UM, IT'S WHERE WE CAN'T OPERATE.

UM, WE CAN'T PROVIDE THE COST OF LIVING THAT WE GIVE.

WE HAVE, WE PROVIDE AFFORDABLE, UM, RENTING FOR, YOU KNOW, WHETHER IT'S ON A DAILY BASIS OR A WEEKLY BASIS, BUT IT'S AFFORDABLE TO A LOT OF THESE PEOPLE.

UM, AND WE'VE HAD MANY FAMILIES THAT STAY THERE FROM KIDS AND STUFF, UM, WHO WE KNOW AND, YOU KNOW,

[00:35:01]

WE SMILE AT.

BUT, UM, WE CONTINUE TO, YOU KNOW, UPGRADE THE PROPERTY AND KEEP IT SECURE AND MAKE SURE THAT WE DON'T HAVE ANY ISSUES GOING FURTHER.

BUT I ALSO WANT, IF WE DO HAVE AN ISSUE, OR IF I KNOW THAT, HEY, SOMEONE'S THREATENED MY LIFE, MY EMPLOYEE'S LIFE, IF WE CALL DALLAS PD, I WANT THEM TO COME AND HELP US.

YOU KNOW, I WANT THEM TO GET PEOPLE OUT OF THERE.

BUT THEN THERE'S A LOT OF BACK AND FORTH IT RUNS INTO, AND IT'S, IT MAKES IT HARDER FOR US TO OPERATE AT TIMES.

ALSO, MR. CASEON, JUST FYI, YOU'RE AT 15 MINUTES.

GOOD GRAVY.

I'M SORRY ABOUT THAT CHAIR.

WE'RE GONNA PASS THE WITNESS.

OKAY.

HE WAS SO COMPELLING.

I JUST LET HIM RUN ON.

IT HAPPENS.

UM, MR. HERNANDEZ OR MR. ROBERTS, WHO'S YES.

MAY I? YES.

YOU ARE RECOGNIZED.

YOU MENTIONED, UH, TWO INCIDENTS, UH, AT, UH, THE MOTEL THAT I WANT TO TALK A LITTLE MORE ABOUT.

FIRST WAS A, UM, WAS SOME, SOMEONE THREATENED TO SHOOT YOU OR ONE OF YOUR EMPLOYEES? YES.

IT WAS NOT THIS PROPERTY, IT WAS ANOTHER PROPERTY, BUT, UM, IT WAS, I WAS REFERENCING, UM, WHEN I REQUESTED HELP FROM DALLAS PD, UH, WHEN MY FATHER DID, UM, WE DIDN'T GET THE RESPONSE THAT WE THINK IT SHOULD HAVE REQUIRED.

OKAY.

UH, WELL, LET'S TALK ABOUT THAT PROPERTY JUST FOR A LITTLE BIT SINCE YOU MADE IT RELEVANT.

UH, DID, DID YOU HAVE SECURITY AT THAT PROPERTY? YES.

WERE THEY ON SITE WHEN THIS HAPPENED? NOT, NOT AT THAT TIME.

THEY'RE USUALLY THERE AT NIGHT.

AND THE SECOND, UM, INCIDENT YOU MENTIONED, YOU SAID THAT YOU WERE DEALING WITH D P D FOR A REALLY LONG TIME, AND THEN YOU HAD SECURITY RESPOND TO THE LOCATION.

WAS THAT THIS PROPERTY OR WAS THAT ANOTHER PROPERTY? COULD YOU REPEAT THE QUESTION AGAIN? SORRY.

YEAH.

AND, AND I'M SORRY FOR BEING A LITTLE VAGUE NO, NO, YOU'RE FINE.

TRYING TO RECALL MYSELF.

BUT, UH, I RECALL YOU MENTIONING, UH, A SECOND INCIDENT WHERE YOU DID HAVE SECURITY COME BY AND RESPOND, BUT YOU MADE IT SOUND LIKE YEAH.

AND IT WAS RELATED TO A SHOOTING, OR I HEARD, I HEARD GUNSHOTS.

THAT WAS THIS SUBJECT PROPERTY THAT WE'RE TALKING ABOUT TODAY.

OKAY.

WHEN DID THAT HAPPEN? WHAT TIME? UM, THIS WAS DURING COVID.

MY FATHER HAD COVID, ONE OF OUR EMPLOYEES HAD COVID.

I'M AT THE PROPERTY OVERNIGHT.

I'M ACTUALLY THERE FOUR, I THINK FOUR OR FIVE DAYS STRAIGHT.

UM, 24 HOURS AROUND THE CLOCK AT THE PROPERTY.

UM, AND IT WAS ONE NIGHT, I'M IN THE BACK, I HEAR GUNSHOTS.

UM, I PRETTY MUCH JUST DUCK DOWN AND CALL 9 1 1.

RIGHT, RIGHT AWAY.

WAS IT BETWEEN, BETWEEN THE HOURS OF 10 AND TWO? UM, 10.

THIS WAS AT NIGHT, SO I THINK IT WAS LIKE, YEAH, I BELIEVE YOU SAID THAT THE SECURITY WORKED SOME NIGHT SHIFTS 10 TO TWO.

THEY WERE 10:00 PM TO 6:00 AM OKAY.

IS THE SECURITY.

SO WERE THEY, SO THEY SECURITY WAS PRESENT THEN AT THAT, AT THAT TIME, THE SECURITY WAS NOT PRESENT.

WE HAD PATROL AT THAT TIME.

OKAY.

YEAH.

UM, HOW LONG DID IT TAKE SECURITY TO RESPOND TO THE ROYAL AND WHEN YOU CALLED THEM? WHEN I CALLED HIM, HE WAS ON PROPERTY WITHIN 20 MINUTES.

APPROXIMATELY DALLAS PD NEVER SHOWED UP.

OKAY.

WELL, LET'S TALK ABOUT THAT SOME MORE.

UH, IS IT, IS IT YOUR REPRESENTATION IN YOUR CHARACTERIZATION TODAY THAT D P D IS DELIBERATELY DRAGGING THEIR FEET AND RESPONDING TO CRIMES AT YOUR PROPERTY? I DON'T, I DON'T THINK THAT.

UM, BUT IT'S, AT TIMES THEY, IF WE GET, IF WE CALL THEM, THEY COULD KIND OF THINK IT'S A KICKOUT, OR, AND IT IS NOT JUST MY PROPERTY.

I THINK I COULD SPEAK FOR OUR INDUSTRY.

YEAH.

RIGHT.

I MEAN, THERE'S A LOT OF, THERE'S A LOT, A LOT OF INNKEEPERS WHO ARE ROUTINELY CALLING POLICE TO HELP HELP SECURE THE PROPERTY.

YOU WOULD UNDERSTAND THAT YOU'RE NOT THE ONLY ONE ASKING FOR POLICE SERVICES.

UM, YES.

AND WOULD YOU ALSO AGREE THAT BECAUSE WE HAVE A LOT OF CRIME IN DALLAS AND IT IS A CONSTANT FIGHT, DON'T YOU BELIEVE THAT ALL OF US AS CITIZENS MUST DO OUR PART TO DO OUR BEST, TO DO WHAT WE CAN WHEN WE'RE ABLE TO, TO PREVENT CRIME IF IT IS IN FACT PREVENTABLE? YES.

ABSOLUTELY.

I STAND BY THAT.

I'VE ABSOLUTELY, YES.

TO PREVENT CRIMES.

YEP.

UM, DID YOU HAVE SOMETHING MORE THAT YOU OH, NO, NO.

THERE'S JUST SOME CRIMES.

IT'S HARD TO KIND OF PINPOINT.

IF SOMEONE HAS SOME DRUGS ON THEM.

IT'S HARD FOR ME TO TELL, YOU KNOW, UNLESS I CAN TELL THAT THEY'RE ON IT, THEN I TRY TO GET 'EM OFF MY PROPERTY.

THERE'S NOT, I CAN'T ARREST ANYBODY.

I CAN'T, YOU KNOW, DO ANYTHING LIKE THAT, SO.

OKAY.

UM, AND, UH, NOW WE WILL GO THROUGH, UH, BOARD MEMBERS WHO HAVE QUESTIONS FOR THE APPELLANT, OR MR. UH, I GUESS IT'S JUST MR. PATEL, UM, OR MR. KINGSTON.

UM, AND WE WILL GO DOWN THE LIST BEGINNING WITH MS. WILLIS.

DO YOU HAVE ANY QUESTIONS? NOPE.

NO? NO QUESTIONS.

[00:40:02]

OKAY.

UH, MS. TORRES, VICE CHAIR TORRES, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS AT THIS TIME.

CHAIR.

THANK YOU.

UH, MR. CCHI? YES.

GOOD MORNING, MR. PATEL.

I JUST WANTED TO GET SOME INFORMATION, UH, OR GET SOME CLARIFICATION.

YOU HAD SAID YOU HAD HAVE A DO NOT RENT LIST.

WHEN DID THAT LIST START? WE'VE STARTED THE LIST IN 2020, EARLY 20.

UM, WE HAD THE PROPERTY LEASED OUT BEFORE, SO WE WEREN'T INVOLVED IN TERMS OF MANAGEMENT AND OPERATIONS DAY TO DAY.

UM, ONCE WE GOT IT BACK IN 1819, WE STARTED IT, BUT THEY WEREN'T KEEPING UP TO DATE AS MUCH.

20 WAS WHEN WE REALLY HAMMERED IT AND MADE SURE THAT, UM, IT WAS GETTING UPDATED ON.

JUST SO I MAKE APPRECIATE THAT.

JUST SO I WANNA MAKE SURE THAT I UNDERSTAND.

I SAW IN THE RECORDS AT LEAST PRESENTED BY THE CITY THAT OMAN INVESTMENTS HAD TAKEN, TAKEN OVER THIS HOTEL BACK IN OH SEVEN.

WAS THAT ACCURATE OR DID THEY HAVE IT BEFORE THEN? AMIT INVESTMENT HAS OWNED THE PROPERTY SINCE 1998, I BELIEVE.

OKAY.

SO WHEN THEY STARTED THAT INVESTMENT, IS THIS A, IS THIS A, IS THIS REAL ESTATE ONLY? THE ONLY ASSET THAT AMIT INVEST HAS? YES.

ONLY REAL ESTATE ASSET UNDER AMME INVESTMENTS.

OKAY.

AND YOU SAID THAT, BUT, BUT YOU GUYS WERE LEASING IT OUT FROM OH FOUR TO 18? UH, NO, IT WAS A FIVE YEAR LEASE.

I BELIEVE IT WAS 2013 TO 18.

OKAY.

END OF 18.

WHEN DID YOU, WHEN DID YOU START YOUR IMPROVEMENTS? YOU WERE TALKING ABOUT THE, I, I GUESS I'VE HEARD TWO DIFFERENT NUMBERS.

ONE WAS A 400 TO $500,000 IMPROVEMENT, AND THEN I HEARD FROM YOUR ATTORNEY ABOUT $150,000 IMPROVEMENT.

WHEN DID YOU START? ARE THOSE ONE IN THE SAME? IT'S THE SAME, YEAH.

500 THOU ABOUT 500,000, YES.

AND SO WHEN DID THAT IMPROVEMENT START? WE STARTED THESE IMPROVEMENTS IN MID 2019, UM, AND THEN COVID HAPPENED AND WE HAD TO STOP OUR WORK, UM, FOR A BIT.

AND WE RAN INTO ISSUES WITH HIGH MATERIAL COSTS AND KIND OF GETTING LABOR PEOPLE OUT THERE TO WORK.

UM, AND THEN WE WENT THROUGH THAT PHASE.

SO IT'S, IT WAS, WE'RE SPENDING ON A MONTHLY, $15,000 FOR ABOUT 18 MONTHS, MAYBE 15 TO $20,000, SOME MONTHS MORE.

UM, BUT IT WAS OVER A SPAN OF 18 MONTHS, BUT STARTED IN 2019 OVER, LET ME MAKE SURE I GET THE RIGHT CALCULATION OVER A SPAN OF 18 MONTHS.

BUT STARTED IN 2019, STARTED 2019, BUT THEN IN THE COVID TIME, WE, WE STOPPED, RIGHT.

SO COULD BE A SPAN OF TWO AND A HALF YEARS.

YOU KNOW, WE PRETTY MUCH FOR EIGHT MONTHS, SEVEN MONTHS, WE DIDN'T KNOW WORK.

UM, AND WE JUST HAD THOSE ROOMS KIND OF STAY OUT OF ORDER, UM, UNTIL THE COVID MEASURES KIND OF PASSED AND STUFF, AND WE GOT OUR CREWS BACK OUT.

OKAY.

WHEN YOU WERE UPGRADING THE PROPERTY DURING TWO, LET'S SAY 2021, 2022, WHAT WAS THE FOCUS IN REGARD TO THE UPGRADES THAT YOU WERE INVESTING IN? SO IT WAS INTERIOR OF THE ROOMS, UM, ALONG WITH, UH, TO, ONCE WE GOT THE INTERIORS, UM, COMPLETED ABOUT 85 TO 90%.

WE STARTED ON THE EXTERIOR OF THE PROPERTY FROM WHETHER WE FIXED SOME OF THE RAILINGS AND SAFETY HAZARDS THAT WERE ALSO, UM, BROUGHT TO OUR ATTENTION, OR WE'VE NOTICED, UM, OURSELVES THAT WE REPLACE, WE, UM, WE REDID SOME OF THE STRUCTURAL, UM, OF THE PROPERTY.

UM, SO RAILINGS, STRUCTURAL STAIR STEPS IN SOME AREAS.

UH, WE REPAINTED THE BUILDING.

WE FIXED SOME OF THE ROOF DAMAGES THAT WE HAD, UM, DEALING WITH LEAKS.

UM, THOSE WERE ALL THE UPGRADES.

AND THEN INTERIOR, MEANING TILE, PAINT, LIGHTING, UM, FULL BATHROOM REMODEL.

WELL DONE.

YEAH.

OKAY.

THANK YOU.

MR. JEFF, DO YOU HAVE, UH, QUESTIONS FOR THE WITNESS? I DO NOT HAVE ANY QUESTIONS AT THIS TIME.

CHAIR.

OKAY.

THANK YOU.

MR. HAYES.

YES, I DO HAVE QUESTIONS FOR MR. PATEL.

UM, DO YOU HAVE KNOWLEDGE, SIR, OF THESE READABLE OFFENSES THAT ARE LISTED ON THESE REPORTS? HOW MANY OF 'EM WERE ACTUALLY COMMITTED BY YOUR GUESTS VERSUS PEOPLE WHO JUST HAPPENED TO BE ON YOUR PROPERTY? UM, THANK YOU FOR THE QUESTION.

THAT WAS ACTUALLY VERY GOOD

[00:45:01]

QUESTION.

UM, I, FROM THESE, MR. HAYES, I'M SHOWING HIM THE LIST.

YEAH.

SO FROM THESE, UH, CRIMES, FROM MY KNOWLEDGE, I BELIEVE, VERY HARD TO TELL, BUT REGISTERED GUESTS, AND WHEN WE HAVE REGISTERED GUESTS, WE TAKE THEIR ID, WE TAKE A COPY OF IT, AND WE ASK THEM, DO YOU HAVE ANYBODY ELSE STAYING WITH THEM? NO, ID, THEY CAN'T STAY IF YOU HAVE VISIT, WE DON'T REQUIRE, WE DON'T ALLOW VISITORS.

IF YOU DO HAVE A VISITOR FOR A BIT, WE NEED THEM TO GET VERIFIED AT THE FRONT.

SO WITH THAT SAID, FROM THESE, I WOULD SAY, UH, IT'S HARD TO TELL MAYBE A COUPLE IF OKAY, IF THEY WERE, BUT IT'S, WELL, NOT, SO NOT ALL WERE BY GUESTS.

WE CAN SAFELY SAY THAT MUCH.

WOULD THAT BE A FAIR STATEMENT? I CAN SAY THAT MAJORITY OF THESE ARE NOT BY REGISTERED GUESTS WITH US AT THE PROPERTY.

I CAN SAY THAT.

OKAY.

ONE MORE QUICK QUESTION, AND I'M TRYING JUST TO GET A FEEL FOR THE NATURE OF YOUR PROPERTY.

COULD YOU ESTIMATE WHAT PERCENT OF THE ROOMS ARE OCCUPIED BY LONG-TERM TENANTS? BY WHICH I MEAN AT LEAST A WEEK.

UM, AT LEAST A WEEK.

I WOULD SAY IN WISE 25%.

OKAY.

THANK YOU.

THAT'S ALL THE QUESTIONS I HAVE.

THANK YOU, MR. HAYES.

UH, MR. QUINT, DO YOU HAVE ANY QUESTIONS FOR THE WITNESS? YES, SIR, I DO.

THANK YOU, CHAIR.

SO, MR. PATEL, UM, IN YOUR, IN YOUR QUESTIONING AND ANSWER IN A PRESENTATION, YOU START OUT SAYING, WELL, WE HAVE SECURITY 20 TO 30 HOURS A WEEK, AND OUTTA THE WEEK, THAT'S 17%.

AND THEN YOU PROCEED TO SAY A LITTLE LATER THAT WE HAVE 50 TO 60 HOURS A WEEK.

SO WHICH IS IT? SO THE 20 TO 30 WAS IN REFERENCE TO BEFORE, UM, WE GOT THE ACCORD LETTERS AND THE LETTERS FROM CITY OF DALLAS, THEN WE UP THE HOURS.

UM, AND THAT'S TO SHOW THAT WE TOOK MEASURES, UM, TO ENHANCE SECURITY.

UM, AND WE UPPED THE HOURS TO 50, UH, 40 TO 50 HOURS PER WEEK.

AND RIGHT NOW, AT THIS MOMENT, UM, THEY ARE DOING 40 TO 50 HOURS PER WEEK.

UM, SOME WEEKS EVEN 60.

SO, OH, SO IT'S, SO IT'S NOT, OKAY, SO THAT'S 35% OF THE TIME.

SO AGAIN, YOUR SECURITY AND ALL THE PICTURES THAT Y'ALL SHOWED WERE LITTLE SNIPPETS IN TIME, LIKE AN HOUR HERE, AN HOUR THERE, AND I CAN APPRECIATE THAT.

UM, BUT THEN YOU SAID, WELL, SIX DAYS A WEEK, WHY NOT SEVEN DAYS A WEEK? THE SECURITY COMPANY, THEY, SO THEY RUN INTO, HE'S RAN INTO ISSUES WHERE HE'S HAD ONE OR TWO SECURITIES CALL OFF AND STUFF.

SO I TOLD THEM FOR THEM TO BE THERE, THEY GET ONE DAY OFF.

UM, BUT IF, IF THIS WAS A REQUIREMENT THAT THE BOARD AND, YOU KNOW, UM, WAS FOR, IT WAS A REQUIREMENT FOR US, WE CAN DO SEVEN DAYS.

BUT, OKAY.

SO WITH THAT BEING SAID, SO AGAIN, YOU SAID THAT ON WEEKENDS YOU HAVE SECURITY FROM, UH, 10:00 PM TO 2:00 AM AND THEN YOU KIND OF REVERSED FIELD AND SAID 10:00 AM 10:00 PM TO 6:00 AM NO, WE HAVE SECURITY SIX DAYS A WEEK AT NIGHT, 10:00 AM TO 10:00 AM TO SIX, 10:00 PM TO 6:00 AM SORRY, 10:00 PM TO 6:00 AM SIX DAYS, UM, A NIGHT, SIX DAYS A WEEK PER NIGHT.

UH, THE, OKAY, THE WEEKEND IS 10:00 AM TO 2:00 PM 3:10 AM 10:00 AM TO 2:00 PM THAT'S, THAT'S A DIFFERENT SHIFT.

10:00 AM TO 2:00 PM THREE DAYS, FRIDAY, SATURDAY, SUNDAY.

UM, THAT'S TO HELP WHEN, WHEN WE, WHEN WE HAVE, WHEN WE'RE BUSIER.

UM, WE HAVE A LOT OF KICK OUTS AND STUFF AT TIMES, SO, OH, I GET IT.

SO, SO THEN, UM, IN Y'ALL'S PRESENTATION, YOU DISCUSSED A CONTROLLED SUBSTANCE.

YOU CON UH, CRIMINAL TRESPASS ON MISCHIEF UNLAWFUL POSSESSION, BUT YET THERE WERE 12 AGGRAVATED ASSAULTS AND DEADLY WEAPON, UM, UH, REPORTS THAT WE DIDN'T HEAR ANYTHING ABOUT.

SO THAT'S A GRAVE NUMBER OF REALLY SERIOUS INCIDENTS THAT ARE, I WOULD THINK, A BAIL.

AND ON TOP OF THAT, UM, WHEN YOU LOOK AT THE NUMBER OF THE REPORTS, UM, 50% OF THEM HAPPENED BETWEEN 10:00 PM AND 3:00 AM BUT YET YOU HAVE SECURITY THERE.

HOW IS THAT POSSIBLE? UH, COULD HE ANSWER ONE QUESTION AT A TIME? MR. QUINT? YES, SIR.

UH, I, I'LL JUST START OFF BY SAYING THERE AREN'T 12 AG ASSAULTS,

[00:50:01]

UH, ON WHAT I READ, THERE WAS 12 BETWEEN AGGRAVATED ASSAULT AND DEADLY WEAPONS REPORTS.

THERE WERE 12, IF I COUNTED THEM CORRECT.

UH, I'M LOOKING AT THE LIST.

I CAN SHARE THE LIST RIGHT NOW SO IT, I CAN SEE IT.

THIS, THIS IS THE LIST THAT WE RECEIVED IN THE ACCORD LETTER, MR. QUINT.

OKAY.

I'M LOOKING AT, ON THE EXHIBIT, THERE'S QUITE A FEW THINGS.

AGGRAVATED ASSAULT, AGGRAVATED ASSAULT'S, DEADLY WEAPON.

SO THERE WERE QUITE A FEW, AND IF I COUNTED WRONG, FORGIVE ME, BUT I COUNTED 12.

SO THAT'S A LOT.

I, I COUNT COUNT FOUR.

I'M NOT SAYING FOUR IS GOOD.

I'M SAYING IT'S NOT 12 MI.

MR. QUINN, ARE YOU LOOKING AT THE, THE FULL LIST THAT INCLUDES ALL THE OFFENSES SINCE OCTOBER 1ST, 2020, I THINK, YES.

OKAY.

YES, I AM.

OH, SO THAT'S, SO THAT'S WHERE I GOT MY NOTE.

I, I'M SORRY, MR. QUINN, I DIDN'T MEAN, I, I DIDN'T MEAN TO CONTRADICT YOU.

THAT'S PART OF OUR ARGUMENT IS THAT IN THE LAST YEAR SINCE THE DESIGNATION, THINGS ARE A LOT BETTER AND THAT THEY ARE, THAT IS, THAT IS YOUR TIME STILL, MR. QUINT, THAT'S YOUR TIME FOR THIS ROUND.

UM, UM, I, I, EXCUSE ME.

UM, I JUST HAVE, UH, A COUPLE OF QUESTIONS AS WELL.

UM, YOU, I, I THOUGHT YOU SAID THAT YOU CURRENTLY HAVE SECURITY FOR 40, 50 HOURS.

YES.

CURRENTLY A WEEK.

SO I GOT 10:00 PM TO 6:00 AM SIX DAYS A WEEK.

YES.

10:00 AM TO 2:00 PM THREE DAYS A WEEK.

THREE DAYS, YES.

IF I'M DOING THE MATH CORRECTLY, WHICH IT'S ENTIRELY POSSIBLE, I'M NOT, THAT'S 60 HOURS.

60 HOURS.

YEAH.

OKAY.

SO YOU ACTUALLY HAVE SECURITY THERE 60 HOURS A WEEK, 60 HOURS A WEEK.

THERE ARE TIMES WHERE THEY MIGHT LEAVE BY LIKE 1:00 PM IF THINGS ON THOSE DAYS WHERE THEY'RE THERE.

SO THERE'S KIND OF SPOTTY, IT'S HARD FOR ME, FOR THE SECURITY COMPANY TO KIND OF HAMMER DOWN THE SCHEDULE PERFECTLY.

UM, BUT YES, UM, THAT IS THE SCHEDULE THAT WE REQUIRE FROM OUR SECURITY COMPANY.

UM, MOST OF THE WEEKS, MAJORITY OF THE WEEKS THAT SCHEDULE IS FULFILLED, SOMETIMES LIFE HAPPENS AND THERE'LL BE A DAY THAT MIGHT BE MISSED OR SOMETHING, CARS NOT WORKING OR SOMETHING.

WE RUN INTO THOSE ISSUES, BUT YES, THAT'S ACCURATE.

OKAY.

SO THEY'RE CONTRACTED FOR 60 HOURS A WEEK, BUT ON AVERAGE THEY WERE FOUR DAY AT 50? UH, ON AVERAGE, I WOULD SAY 50, UM, ON AVERAGE.

OKAY.

UM, AND YOU HAD, UH, IN, IN RESPONSE TO A PREVIOUS QUESTION, YOU HAD SAID THAT YOU UPPED THEM FROM 20 HOURS TO THE CONTRACTUAL 60 HOURS AFTER RECEIVING THE CITY'S LETTERS.

WAS THAT THE CITY'S LETTERS THAT YOU RECEIVED LAST YEAR OR THIS YEAR? UH, LAST DID YOU ACTUALLY UPPED THAT LAST YEAR WHEN WE RECEIVED THE FIRST LETTER.

OKAY.

SO IT, FOR THE PAST YEAR, AND I'M SORRY, I DON'T, SO THIS YEAR YOU GOT A LETTER ON MARCH 29TH, 2023.

SO THAT WAS PRIOR TO RECEIVING THAT LETTER, YOU ALREADY HAD THEM ON PROPERTY THE 40 TO 50 HOURS A WEEK? YES.

UM, SOME OF THE CRIMES THAT WERE LISTED ON THE LIST, UHHUH, UM, SECURITY COMPANY WAS THERE, UH, AND THEY CALLED IT IN AND, YOU KNOW, SO THAT, I REMEMBER ONE OF THE INCIDENTS, UM, WHERE THE POLICE WAS CALLED OUT.

I KNOW IT'S LISTED AS AGGRAVATED ASSAULT OR DEADLY WEAPON, BUT, UM, THE, OUR SECURITY COMPANY TRIED TO DEAL WITH IT.

IT GOT KIND OF TOO HARD FOR THEM.

THEY CALLED D P D AND MY SECURITY COMPANY WAS ON SITE.

OKAY.

DO YOU REMEMBER APPROXIMATELY, MAYBE WHAT MONTH THAT WAS, THAT YOU CHANGED THE CONTRACT? WHEN I CHANGED THE CONTRACT WITH MY SECURITY COMPANY? YEAH.

UM, IT WAS RIGHT AROUND WHEN I GOT THE FIRST LETTER, UM, RIGHT AFTER I GOT THE FIRST LETTER, 2020.

UM, IT WAS I THINK MARCH, 2020, RIGHT AFTER, RIGHT AFTER THE LETTER.

SO WE WERE, OKAY.

SO THE, THAT'S WHEN WE INCREASED.

THE ORIGINAL DESIGNATION WAS IN 20 20, 21, I BELIEVE, MR. CHAIR.

OKAY.

PRIOR, IT MAY HAVE BEEN EARLY 22.

WE, I THINK WE HAVE THE LETTER HERE PRIOR TO THE DESIGNATION.

UM, PRIOR TO ME EVEN HIRING MY ATTORNEY, PHILLIP KINGSTON, UM, THIS, YOU KNOW, WE RECEIVED THE FIRST LETTER ABOUT CRIMINAL ACTIVITY.

WE SAID, OKAY, WE GOT A CITY OF DALLAS LETTER.

WE NEED TO ENHANCE SECURITY.

OKAY.

THANK YOU.

THAT'S

[00:55:01]

MY TIME.

UH, WE'LL GO THROUGH AGAIN FOR, UH, SECOND ROUND IF THERE ARE ANY QUESTIONS.

UH, MS. WILLIS, DO YOU HAVE ANY QUESTIONS? NO.

NO.

OKAY.

MS. TORRES, DO YOU HAVE ANY QUESTIONS, JUAN? I JUST, I GUESS I JUST WANNA HEAR IN YOUR OWN WORDS, UM, WHAT WOULD BE THE EFFECT OF THIS DESIGNATION ON, ON THE COMPANY, ON YOUR MANAGEMENT? UM, YEAH, I GUESS WE JUST WANNA HEAR FROM YOU.

WHAT ARE WE LOOKING AT? WHAT IS, WHAT ARE THE CONSEQUENCES ON YOUR END? SO EVER SINCE WE'VE GOT THE DESIGNATION, UM, WE HAVE SEEN, UM, A DECLINE IN OUR BUSINESS.

UM, AND THAT'S HURT US, UM, IN A ECONOMIC STANDPOINT.

UM, WE'VE ALSO SEEN WHERE, UM, IT'S SOMETHING THAT IT'S NOT GOOD LUCK TO THE PUBLIC FOR, YOU KNOW, FOR TRYING TO ATTRACT, UM, CUSTOMERS.

UM, ALSO EMPLOYEES, UH, IT'S, WE'RE RUNNING INTO A WALL WHERE CERTAIN, CERTAIN PEOPLE DO NOT WANT TO WORK AT THE PROPERTY.

UM, BECAUSE OF THIS DESIGNATION, UM, IT SHOWS THAT IT'S UNSAFE.

AND WE'VE OWNED THE PROPERTY SINCE 98.

UH, AND I'VE LIVED THERE.

I'VE EVEN GROWN UP THERE AS A KID.

UM, AND THERE'S, I DON'T THINK IT'S NOT SAFE, LIKE IT IS A SAFE PLACE.

UM, WE MAKE SURE TO KEEP IT SAFE.

WE, WE INTERACT WITH OUR CUSTOMERS LIKE FAMILY AT TIMES.

UM, THAT'S, YOU KNOW, JUST LIKE AN IN INNKEEPER'S JOB, ESPECIALLY WHERE YOU, WHERE YOU WORK AND LIVE.

UM, SO, BUT YEAH, TO ANSWER YOUR QUESTION, WE'VE, WE'VE SEEN A DECLINE IN OUR BUSINESS AND IT'S BECOMES HARD FOR EMPLOYEES, US TO ATTRACT EMPLOYEES TO WORK, UM, BECAUSE THEY FEEL THAT IT'S NOT SAFE.

OKAY.

AND THEN, UM, HOW OFTEN ARE YOU ON THE PROPERTY JUST IN GENERAL, LIKE ON AN AS NEEDED BASIS, OR DO YOU GO THERE ON A DAILY BASIS? NOT A DAILY BASIS, BUT THROUGHOUT THE WEEK I WILL SPEND 10 TO 15 HOURS AT THE PROPERTY, UM, APPROXIMATELY.

OKAY.

AND HOW MANY OTHER PROPERTIES DO YOU MANAGE? UH, WE, IN THE CITY OF DALLAS, I HAVE THREE PROPERTIES AND I HAVE A FOURTH PROPERTY OUTSIDE OF THE HOUSE.

UM, THAT'S UNDER MANAGEMENT UNDER US.

OKAY.

UH, NO FURTHER QUESTIONS.

THANK YOU.

THANK YOU.

MR. UCCI, WHERE IS THE CURRENT HABITUAL CRIMINAL PROPERTY SIGNED LOCATED ON YOUR PROPERTY RIGHT NOW? UM, RIGHT IN THE FRONT WHEN YOU ENTER THE FRONT LOBBY.

IN REGARD TO THE EMPLOYEE SHORTAGE THAT YOU SPEAK OF, HOW MANY VACANCIES ARE OPEN RIGHT NOW ON YOUR STAFF? RIGHT NOW I HAVE TWO VACANCIES OPEN.

AND WHAT ARE THOSE RELATED TO? WHAT KIND OF SERVICES? HOUSEKEEPING SERVICE AND FRONT DESK SERVICE.

HOW LONG HAVE THOSE JOBS VACANCIES BEEN OPEN? UH, APPROXIMATELY FOUR MONTHS, FIVE MONTHS.

WE HAD SOMEONE LEAVE ABOUT FOUR MONTHS AGO.

UM, AND WE'VE JUST KIND OF ADDED MORE WORK FOR THE EXISTING EMPLOYEES.

UM, AND THAT'S HOW WE MITIGATED.

IS IT POSSIBLE THAT THE SHORTAGE IS ALSO BECAUSE OF WHAT WE'RE EXPERIENCING NATIONALLY AND STATEWIDE IN REGARD TO EMPLOYMENT SHORTAGE OVERALL? THAT'S, THAT, THAT COULD BE POSSIBLE, BUT, UM, ACROSS MY OTHER PROPERTIES, I'VE SEEN PEOPLE COME IN AND FILL OUT APPLICATIONS.

I'VE SEEN THEM APPLY, UM, THIS PROPERTY, NOT SO MUCH.

UM, SO YEAH.

CAN YOU FIND MY OTHER QUESTIONS THAT I WAS GONNA ASK EARLIER, , I GUESS IN REGARD TO SOME OF THE AGGRAVATED ASSAULTS THAT I READ, THEY WERE RELATED TO INDIVIDUALS ACTUALLY STAYING ON YOUR PROPERTY.

UM, AND I UNDERSTAND YOU MENTIONED AND DIDN'T SAY A PARTICULAR ONE, UH, WITHIN THOSE 12 MONTHS THAT YOUR SECURITY ON SITE TRIED TO ADDRESS IT.

UM, YOU SAID YOU HAVE SECURITY CAMERAS, AND I GUESS WITH THIS NORTH STAR PROTECTIVE SERVICES DALLAS, UH, THESE PRINTOUTS THAT YOU, YOUR, UH, ATTORNEY PROVIDED FOR US IS, IS DEMONSTRATING THAT, DO YOU KEEP THAT SECURITY TAPE? IS THAT, IS THAT MAINTAINED OR DOES IT ERASE EVERY 30 DAYS OR IF 30, 30 DAYS IS KEPT? UM, WE, IF, IF THE, IF, UH, OFFICER WANTS A COPY,

[01:00:01]

WE CAN MAKE A COPY.

AND REAL QUICK, JUST FOR CLARIFICATION, YOU SAID THE POLICE OFFICER, UH, THE DALLAS PD WANTS IT, OKAY.

YES.

OR, UM, LIKE AN AGENT? YES.

UM, BUT 30 DAYS IT'S WHAT, WHAT IT'S KEPT FOR AT THE PROPERTY.

AND THAT, THAT'S YOUR TIME.

THANK YOU.

MR. JEFF, DO YOU HAVE ANY, UH, QUESTIONS FOR THE WITNESS? I HAVE NOTHING.

THANK YOU.

THANK YOU.

MR. HAYES.

JUST A QUICK QUESTION.

MR. PATEL, IS YOUR PROPERTY, ARE YOU ACTIVELY TRYING TO SELL THIS PROPERTY AT THE CURRENT TIME OR HAVE YOU AT ANY TIME IN THE PAST THREE OR FOUR YEARS? NO, THIS PROPERTY HOLDS A VALUE FOR NOT JUST MY FATHER, BUT FOR ME, UH, SENTIMENTAL VALUE.

IT'S MY FATHER'S FIRST PROPERTY WHEN, UH, IN AMERICA.

UM, AND THIS IS KIND OF OUR, YOU KNOW, IT MEANS A LOT TO HIM, MEANS A LOT TO ME.

UM, SO NO, ABSOLUTELY NO.

UM, AND I DON'T HAVE ANY INTENTION TO SELL.

THANK YOU.

THANK YOU, MR. REYES.

MR. QUINT, DO YOU HAVE ADDITIONAL QUESTIONS? I DO HAVE JUST A COUPLE OF VERY EASY QUESTIONS.

YOU MENTIONED THAT YOU TOOK THE SECURITY GATE DOWN.

WHY WAS THAT? UM, THAT WAS A REQUIREMENT BY, UH, THE FIRE DEPARTMENT.

UM, BECAUSE IF WE WOULD, WE WOULD CLOSE IT AT NIGHT REALLY, BUT IF THERE WAS A FIRE OR SOMETHING, PEOPLE WOULD HAVE TO GO AROUND THE BUILDING AND WOULDN'T BE ABLE TO EXIT ONE SIDE OF THE BUILDING.

UM, SO THAT'S THE REASON.

INTERESTING.

CUZ CUZ THERE'S QUITE A FEW APARTMENTS AND HOTELS THAT STILL HAVE.

SO I FIND THAT, THAT QUITE FASCINATING.

UM, AND MY OTHER QUESTION IS, ARE ANY OF YOUR OTHER PROPERTIES DESIGNATED HIGH CRIME? NO.

OKAY.

THAT'S IT.

THANK YOU, SIR.

THANK YOU.

THANK YOU.

MR. QUINT.

UM, MR. UH, PATEL, HAVE YOU LOOKED AT THE POLICE REPORTS RELATED TO THE OFFENSES LISTED IN THE DESIGNATION LETTER? NOT ALL THE POLICE REPORTS, BUT I HAVE, UH, SEEN SOME OF THEM, YES.

OKAY.

UM, AND YOU, YOU HEARD, I ASSUME IN MR. KINGSTON'S OPENING, HE WAS TALKING ABOUT HOW SOME OF THESE OFFENSES, UM, WERE FOR THINGS THAT THE CITY OF DALLAS WON'T ARREST FOR OR THAT, UH, THE, THE, UM, THE DA WON'T PROSECUTE FOR.

RIGHT.

UM, I'M LOOKING AT, UH, THE CITY'S EXHIBIT AND THEY'VE GOT SUMMARIES OF THE POLICE REPORTS.

AND I NOTE THAT, UM, IN SEVERAL OF THESE, THE POLICE NOTED THAT THERE WERE ADDITIONAL OFFENSES THAT THEY DID NOT ARREST FOR BECAUSE OF THOSE CRITERIA.

FOR EXAMPLE, THE FIRST ONE, THE APRIL 19TH, 2023, POSSESSION OF A CONTROLLED SUBSTANCE PENALTY GROUP ONE, I'M NOT SURE EXACTLY WHAT THAT IS, BUT APPARENTLY THE OFFICERS, UM, ON A ROUTINE CHECK SAW IN PLAIN VIEW, A CRACK PIPE IN THE VEHICLE, UM, AND LOCATED WHEN SEARCHING AND LOCATED ANOTHER DRUG PIPE AND MARIJUANA THAT THEY NOTED THEY DID NOT ARREST FOR THE MARIJUANA BECAUSE HE, UH, BECAUSE IT WAS BELOW THE CRITERIA FOR CUSTODIAL ARREST.

SO DO YOU, I MEAN, DO YOU AGREE THAT THESE OFFENSES ARE NOT THE ONLY OFFENSES THAT OCCURRED ON THE PROPERTY AND THAT THERE MAY BE ADDITIONAL ONES THAT DON'T MEET THE CRITERIA FOR ARREST OR PROSECUTION THAT WHERE NO ARREST WAS MADEYE? YES.

UH, THERE'S CERTAIN OF, CERTAIN OF THESE, UH, OFFENSES, UM, THERE'S, YEAH, THERE'S NO ARREST THAT HAVE BEEN MADE.

UM, BUT THOSE, YOU KNOW, THOSE CRIMES, WE, WE TRY TO GET 'EM OFF.

WE, WE NOTICE SOMEONE DOING SOMETHING ILLEGAL, WE, WE TELL THEM, HEY, YOU CAN'T STAY HERE.

YOU NEED TO GO SOMEWHERE ELSE.

UM, BUT YES, WE DO DO OUR BEST IN TRYING TO PREVENT THOSE.

OKAY.

AND THEN THIS QUESTION IS FOR MR. KINGSTON.

I UNDERSTOOD IN YOUR OPENING, UM, AND I I HAD, I APOLOGIZE, I HAD NOT ACTUALLY LOOKED AT THE LETTER WHEN YOU WERE, UH, DELIVERING YOUR OPENING, BUT I UNDERSTOOD THAT Y THAT THE APPELLANT IS NOT CONTESTING THAT THERE ARE A SUFFICIENT NUMBER OF, UM, ABATE CRIMINAL OFFENSES.

[01:05:01]

IS THAT CORRECT? WE CAN'T CONTEST IT.

UM, WE ARE NOT THE DEFENDANT.

I, I'M SORRY.

AND, UH, APPELLANT.

YEAH.

WE, OUR COMPANY IS NOT THE DEFENDANT.

UM, WE HAVE TO TAKE D P D AT ITS WORD, AND FRANKLY, WE, UH, ARE CALLING ITS WORD INTO QUESTION.

ITS CHIEF HAS STATED MANY TIMES IN PUBLIC THAT, THAT THAT POLICE WILL NOT ARREST FOR POSSESSION OF MARIJUANA UNDER TWO OUNCES.

YET YOU CAN SEE PLAINLY THAT IN OCTOBER AND NOVEMBER OF LAST YEAR, THEY ARRESTED TWICE.

WE LOOKED AT THE BACKUP DOCUMENTATION, IT WAS NOT INVOLVED WITH ANOTHER CRIMINAL OFFENSE.

THESE, THESE WERE SOLELY ARRESTS FOR MARIJUANA POSSESSION.

UM, YOU HAVE YOU, I, I ASSUME, UH, THAT THE BOARD IS VERY ATTUNED TO ISSUES RELATED TO ITS, UM, PORTFOLIO.

I THINK EVERYBODY'S HEARD, UM, JUDGE CRUZO SAY THAT HE'S NOT GOING TO PROSECUTE CRIMINAL TRESPASS OR LOW LEVEL CRIMINAL MISCHIEF.

UM, D P V CAN MAKE THE CASE UNDER STATE LAW, UH, THAT THERE ARE ENOUGH AVAILABLE OFFENSES TO DESIGNATE US AGAIN.

AND THAT'S WHAT THEY HAVE DECIDED TO DO.

SO THE ASK MR. CHAIR IS SIMPLY FOR THE DISCRETION OF THE BOARD TO SAY, LOOK, YOU DID THIS LAST YEAR AND IT SEEMED TO HAVE WORKED.

THERE'S A SIGNIFICANT IMPROVEMENT, WHICH I THINK THEY, THEY WOULD PROBABLY AT ADMIT ALSO.

UM, SO IT, YEAH, WE'RE, FROM A LEGAL STANDPOINT, IF THE BOARD IS OF THE MIND THAT THE POLICE SHOULD BE ABLE TO DESIGNATE WHENEVER THEY ACHIEVE FIVE OR MORE DEBATABLE CRIMINAL OFFENSES IN A YEAR, UM, THEN YEAH, I MEAN, THIS IS A SHORT HEARING.

UH, BUT IF THE PRESENTATION OF FIVE OR SIX, UM, NON ARRESTABLE, NON PROSECUTABLE OFFENSES CALLS THAT JUDGMENT INTO QUESTION, THEN WE WOULD VERY MUCH APPEAL TO THE BOARD'S DISCRETION.

ALL RIGHT.

THANK YOU.

OKAY.

UH, WE WILL NOW MOVE ON TO THE CITY'S PRESENTATION.

UM, MR. HERNANDEZ, YOU HAVE, UH, 20 MINUTES? UH, SORRY.

UH, YOU HAVE 17 MINUTES REMAINING.

OKAY, THANK YOU.

HONORABLE BOARD AND HONORABLE CHAIR.

UM, I JUST, REAL QUICK, I, WE, WE DON'T HAVE TO BELABOR IT, BUT I JUST WANTED TO QUICKLY REVIEW OVER, UM, THE POWERPOINT.

IT'D BE PAGE 75 OF 460 IN ADOBE ACROBAT THAT THE PROPERTY IS PRESUMED A HABITUAL CRIMINAL PROPERTY IF THERE ARE FIVE OR MORE DEBATABLE WITHIN THE 365 DAY PERIOD.

AND THAT THERE IS HISTORICALLY COMMITTED DEBATABLE CRIMINAL ACTIVITY DUE TO RECENT CRIME DATA.

AND SO THAT IS ONE OF THE REASONS WHY, UH, THE CITY IN ITS EXHIBIT AND WITHIN THE HCP LETTER INCLUDES NOT ONLY THE, THE DEBATABLE CRIME WITHIN 365 DAYS AND THAT FIRST BOX AND THAT MOST RECENT LETTER, BUT THEN THAT SECOND BOX WITH THAT HISTORICAL INFORMATION, UM, TO, TO INFORM THE BOARD OF PRIOR CRIMINAL ACTIVITY, UH, THAT IS, THAT HAS OCCURRED ON THE PROPERTY.

UH, SO WITH THAT, UM, I'LL, I'LL GO AHEAD AND ASK MY WITNESS, UH, AND INTRODUCE MY WITNESS.

UM, DETECTIVE HAYNES, COULD YOU STATE YOUR NAME FOR THE RECORD AND, UH, YOUR CURRENT OCCUPATION? YES, IT'S SONYA HAYNES AND MY CURRENT OCCUPATION IS A, THIS ABATEMENT DETECTIVE WITH DALLAS PD.

AND HOW LONG HAVE YOU BEEN WITH, UH, DALLAS PD? UH, FOR 15, GOING ON 16 YEARS.

AND HAVE YOU HELD OTHER,