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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.
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.
I'M THE BOARD COUNSEL FROM THE, UH, UM, FROM THE CITY ATTORNEY'S OFFICE.
CASEY BURGESS, CITY ATTORNEY'S OFFICE.
AND FROM THE CITY SECRETARY'S OFFICE, ME, SLAA MARTINEZ, DONNA BROWN, AND, UH, THE APPELLANT REPRESENTATIVE.
I'M PHILLIP KINGSTON FOR AMID INVESTMENTS.
AND DO YOU HAVE ANY WITNESSES WITH YOU OR ONLINE? NO.
I HAVE, UH, BOB AND PATEL WITH ME, I HAVE BOB AND PATEL WITH ME.
SORRY FOR THOSE LISTENING AT HOME.
WELCOME, MR. PATEL, ON BEHALF OF THE CITY ATTORNEY'S OFFICE.
MR. ROBERTSON, DO YOU HAVE SOMEBODY WITH YOU? THAT WOULD BE MR. HERNANDEZ.
UH, WELCOME, MR. ROBERTS AND MR. HERNANDEZ.
AND, UH, MR. ROBERTS, DO YOU HAVE ANY WITNESSES TODAY? I BELIEVE MR. HERNANDEZ.
UH, WE DO HAVE A WITNESS, UH, SORRY TO INTERJECT.
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.
THANK YOU FOR BEING HERE TODAY.
UM, AND OUR FIRST AGENDA ITEM, I, I GUESS, DID I GET EVERYBODY? I THINK SO.
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.
A MOTION BY MR. CUC, SECONDED BY MR. HAYES.
UH, IS THERE ANY DISCUSSION? ANYBODY WANNA MAKE A COMMENT ON THE MOTION TO APPROVE
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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, ALL THOSE OPPOSED SAY NAY.
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.
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.
AND, UH, MR. HERNANDEZ, HOW MUCH TIME DO YOU ANTICIPATE NEEDING, UH, FOR OPENING AND PRESENTATION? I THINK 10 MINUTES SHOULD BE SUFFICIENT.
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.
AND MR. HERNANDEZ, FOR THE CITY, WE, WE ALSO HAVE ONE EXHIBIT, IS THAT CORRECT? CORRECT.
ONE BINDER WITH SUB EXHIBITS WITHIN THE BINDER? YEAH, I'VE GOT, UH, A BUNCH OF TABS.
AND THE PDF DOES HAVE, UH, BOOKMARKS.
UM, ENABLED IF FOR EVERYONE'S CONVENIENCE.
IF I CAN FIGURE OUT HOW TO SEE THEM.
UM, BUT, UH, I'VE GOT ABOUT 460 PAGES.
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
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VIOLATIONS.UH, AND NOW WE WILL, UH, PROCEED DIRECTLY TO OPENING STATEMENTS.
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.
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.
AND MR. HERNANDEZ, DO YOU WANT TO BEGIN WITH A BRIEF OPENING? UH, YES.
HONORABLE CHAIR AND HONORABLE, UH, BOARD MEMBERS,
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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.
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.
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20 MINUTES.UH, THANK YOU CHAIR, UH, BAVAN, WOULD YOU PLEASE INTRODUCE YOURSELF, GIVE YOUR NAME AND YOUR, UH, ADDRESS.
THANK YOU FOR THE TIME FOR, UM, HEARING OUR APPEAL.
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.
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 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.
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.
UM, ARE THESE PICTURES OF THE PROPERTY? YES, THIS IS, UH, THE CURRENT, UH, STATE OF THE PROPERTY.
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.
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.
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.
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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'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.
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.
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.
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.
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, 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.
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
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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.
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.
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.
HOW WOULD YOU PREVENT SOMEBODY FROM COMMITTING CRIMINAL MISCHIEF? I DON'T EVEN KNOW.
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.
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.
UM, MR. HERNANDEZ OR MR. ROBERTS, WHO'S YES.
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.
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.
AND, AND I'M SORRY FOR BEING A LITTLE VAGUE NO, NO, YOU'RE FINE.
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.
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.
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.
SO WERE THEY, SO THEY SECURITY WAS PRESENT THEN AT THAT, AT THAT TIME, THE SECURITY WAS NOT PRESENT.
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.
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.
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.
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.
UM, DID YOU HAVE SOMETHING MORE THAT YOU OH, NO, NO.
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.
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.
[00:40:02]
OKAY.UH, MS. TORRES, VICE CHAIR TORRES, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS AT THIS TIME.
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.
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.
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.
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.
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.
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.
MR. JEFF, DO YOU HAVE, UH, QUESTIONS FOR THE WITNESS? I DO NOT HAVE ANY QUESTIONS AT THIS TIME.
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.
[00:45:01]
QUESTION.UM, I, FROM THESE, MR. HAYES, I'M SHOWING HIM THE LIST.
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.
WOULD THAT BE A FAIR STATEMENT? I CAN SAY THAT MAJORITY OF THESE ARE NOT BY REGISTERED GUESTS WITH US AT THE PROPERTY.
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.
THAT'S ALL THE QUESTIONS I HAVE.
UH, MR. QUINT, DO YOU HAVE ANY QUESTIONS FOR THE WITNESS? YES, SIR, I DO.
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.
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.
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.
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.
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.
MR. QUINN, ARE YOU LOOKING AT THE, THE FULL LIST THAT INCLUDES ALL THE OFFENSES SINCE OCTOBER 1ST, 2020, I THINK, YES.
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, 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.
SO I GOT 10:00 PM TO 6:00 AM SIX DAYS A WEEK.
10:00 AM TO 2:00 PM THREE DAYS A WEEK.
IF I'M DOING THE MATH CORRECTLY, WHICH IT'S ENTIRELY POSSIBLE, I'M NOT, THAT'S 60 HOURS.
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.
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.
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.
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.
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 THE, THAT'S WHEN WE INCREASED.
THE ORIGINAL DESIGNATION WAS IN 20 20, 21, I BELIEVE, MR. CHAIR.
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.
[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.
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.
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.
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.
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.
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.
CAN YOU FIND MY OTHER QUESTIONS THAT I WAS GONNA ASK EARLIER,
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.
UM, BUT 30 DAYS IT'S WHAT, WHAT IT'S KEPT FOR AT THE PROPERTY.
MR. JEFF, DO YOU HAVE ANY, UH, QUESTIONS FOR THE WITNESS? I HAVE NOTHING.
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, AND I DON'T HAVE ANY INTENTION TO SELL.
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.
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.
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.
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.
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.
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.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.
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.
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, UH, POSITIONS WITH D P D OR LET'S CALL 'EM D P D? YES, I HAVE.
I'VE WORKED AT, UH, SEVERAL DIFFERENT SUBSTATIONS INCLUDING, UH, NORTHWEST NORTH, CENTRAL, SOUTHEAST FOR A LONG PERIOD OF TIME.
I'VE ALSO WORKED AT THE STOREFRONT UNIT IN SOUTHEAST AND ASSISTED VICE AS A DECOY.
AND I HAVE ALSO BEEN ON THE KNOCK AND TALK NARCOTICS TEAM.
ARE YOU FAMILIAR WITH THIS PROPERTY AT 69 50 MARVIN DELO? YES, I AM.
[01:10:01]
AND DID YOU PARTICIPATE IN BOTH OF THE ACCORD MEETINGS? YES, I DID.AND YOU'VE BEEN ON THIS CASE THE ENTIRE TIME, CORRECT? YES, THAT'S CORRECT.
AND WHO'S THE CURRENT PROPERTY OWNER TO YOUR KNOWLEDGE? UH, MR. PATEL.
AND, OH, I'M SORRY, MR. UH, AND I WANNA MAKE SURE I'M NOT, UH, MS. PRONOUNCING HIS FIRST NAME, BUT MR. ARJON PEREL, OKAY.
AND TURNING TO THE PROPERTY AT ISSUE, UH, HOW LONG, APPROXIMATELY HAS THE NUISANCE ABATEMENT UNIT HAD A CASE ON 69 50 MARVIN DELO? UH, APPROXIMATELY SINCE AUGUST OF 2020.
AND HOW DOES, HOW DOES YOUR UNIT TYPICALLY DETERMINE WHETHER A PROPERTY QUALIFIES OR PRELIMINARILY QUALIFIES AS WE'LL? JUST CALL IT A, UH, H C P PROPERTY.
THE PROPER, THE PROPERTIES ARE TYPICALLY, UH, REFERRED TO US, WHETHER IT BE THROUGH A TRIAGE PROCESS OR WHETHER IT'S THROUGH THE CHAIN OF COMMAND STAFF AT THAT STATION, SAYING THAT THEY'VE HAD A LOT OF PROBLEMS WITH THE CRIME AT THE LOCATION AND ASKING US TO TAKE A LOOK AT IT, WE WOULD THEN GET IT, WELL, I CAN SPEAK FOR MYSELF.
I WOULD THEN GET THE ADDRESS FOR THE PROPERTY RUNNING IN THE SQL SYSTEM, WHICH IS THE TOOL THAT WE HAVE THAT SHOWS THE AVAILABLES FOR THE PROPERTY.
AND I WOULD TYPICALLY RUN IT BACK FOR A YEAR TO SEE WHAT I'M LOOKING AT AS FAR AS IF IT MEETS THE CRITERIA.
AND DID FIVE OR MORE DEBATABLE, UH, CRIMINAL ACTIVITIES OCCUR ON THIS PROPERTY WITHIN 365 DAYS? YES.
AND CAN YOU GENERALLY DESCRIBE THE TYPES OF DEBATABLE CRIMES THAT HAVE OCCURRED? UH, YES.
IT'S A VARIETY OF DIFFERENT KIND.
UM, DEADLY CONDUCT, DISCHARGE OF A FIREARM, A LOT OF POSSESSION, UM, AG ASSAULTS WITH, UH, DEADLY WEAPONS ON THE PROPERTY.
WE'VE EVEN HAD AN INCIDENT WITH, UM, INDECENCY WITH A CHILD ON THE PROPERTY.
UM, AND AS A RECENT, WHICH IS NOT LISTED IN THE LETTER, WE HAD ANOTHER INCIDENT WHERE KIDS WERE INVOLVED WITH AN INDECENT MATTER ON THE PROPERTY, AND IT STEMMED INTO ANOTHER ASSAULT, UH, HAPPENING THAT WAS CONNECTED WITH THAT, THAT OFFENSE.
AND, UH, YOU, YOU HEARD APPELLANT, UH, ANSWER ONE OF THE BOARD MEMBERS QUESTIONS, AND I'LL TRY TO, TO THE BEST OF MY RECOLLECTION, POSED THE SAME QUESTION TO YOU.
UH, DO YOU, DO YOU HAVE A ROUGH ESTIMATE AS TO HOW MANY OF THESE CRIMES WITHIN THE 365 DAY PERIOD OCCURRED FROM PEOPLE LEASING HOTEL ROOMS FROM 69 50 OR WERE STAYING AT 69 50? MARK ELLOW? UH, YES, IT'S GONNA BE OVER HALF OF WHAT'S LISTED ON THE LETTER.
I HAVE IT LISTED IN THE WORKBOOK THAT I KEEP TRACK OF, UH, THAT I RUN THE NUMBERS ON EVERY DAY.
AND IT HAS APARTMENT NUMBERS LISTED WITH THE OFFENSES THAT OCCURRED ON THE PROPERTY.
AND, AND SOME OF THOSE ADDRESSES ARE REDACTED, CORRECT.
DUE TO POLICE PRIVACY POLICY AND POLICE POLICY YES.
TO PROTECT VICTIMS? YES, THAT'S CORRECT.
UH, PRIVACY AND, AND OTHER PEOPLE'S PRIVACY? YES.
AND DO YOU ALSO COMMUNICATE WITH POLICE OFFICERS WHO FREQUENTLY, UH, WORK THIS LOCATION? YES, I DO.
EVERY WEEK I GO TO COMSTAT, WHICH IS A MEETING THAT WE HAVE AT THE SUBSTATION WITH THE COMMAND STAFF AND OTHER OFFICERS THAT'S OVER, LIKE THE C R T UNITS AND ALL THE SPECIAL ASSIGNED UNITS.
AND, UH, I'VE IN CONTACT WITH THEM EVERY WEEK.
SO THEY KEEP ME UP TO DATE ON WHAT'S HAPPENING OUT THERE AND THAT THE CRIME IS STILL OCCURRING ON THE PROPERTY.
THEY RECENTLY DID AN ARREST ON THE PROPERTY ON, UH, JUNE, IN JUNE OF, UH, THE 14TH OF THIS YEAR, WHICH THEY COLLECTED SEVERAL, UM, DIFFERENT TYPES OF NARCOTICS, GUNS, AND SO ON FROM A PERSON THAT WAS ON THE PROPERTY.
AND, AND SO I, I, I GUESS ONE CAN UNDERSTAND THAT THEY'RE CONCERNED ABOUT THIS PROPERTY? YES, THEY ARE.
UM, AND DO, DO THEY HAVE SPECIFIC CONCERNS THAT THEY'VE ARTICULATED AND WHAT WOULD THOSE BE? IF THEY, THEY HAVE THE SPECIFIC CONCERNS THAT THEY HAVE IS FOR THE FELONS AT THE PROPERTY THAT THEY'RE LEASING TO.
THEY WANTED TO KNOW IF THEY HAD ANY CERTAIN, UH, GUIDELINES THAT THEY WERE USING TO LEASE TO THE PEOPLE THAT'S RENTING FROM THEM, BECAUSE IT'S A LOT OF DRUGS AND NARCOTICS BEING SOLD AT THE LOCATION.
AND I FORGOT TO MENTION THAT WHEN YOU ASKED ME WHAT TYPE OF OFFENSES HAVE TAKEN PLACE THERE, THAT IT'S BEEN PROSTITUTION, THEY'RE LISTED AS WELL.
AND SO, UH, FROM ROUGHLY 2020 TO PRESENT, HOW MANY AVAILABLE OFFENSES HAVE HAPPENED ON THE PROPERTY? LEMME MAKE SURE THAT, UM, JUST A QUICK HISTORY.
[01:15:01]
EIGHT FROM 2020 TO 2023.UM, AND THEN WERE THERE A COUPLE OF INCIDENTS INCLUDED IN THE LETTER AND ERROR? YES, THERE WERE.
AND, AND WHICH ABAS WERE THOSE? THAT WOULD BE, UH, THE AG ASSAULT WITH THE FAMILY VIOLENCE, AND THEN A CRIMINAL MISCHIEF, ONE THAT WAS INCLUDED OFF IN IT, SHOULDN'T HAVE BEEN THERE.
AND THAT WAS BECAUSE IT WAS $400 AND NOT $500, IT WAS A HUNDRED DOLLARS OFF.
AND THEN THE FAMILY VIOLENCE ONE BECAUSE IT WAS PURELY FAMILY VIOLENCE AND YES.
EXCLUDING THOSE TWO AVAILABLE.
WELL, LET, LET ME ASK YOU THIS REAL QUICK.
UM, TO YOUR KNOWLEDGE, IS POSSESSION OF A MARIJUANA STILL AN OFFENSE IN THE STATE OF TEXAS? YES, IT IS.
AND, OH, DID YOU WANT TO SAY ANYTHING ADDITIONAL ABOUT, UH, DPDS, UH, I GUESS STANCE OR APPROACH TO JUST POSSESSION OF MARIJUANA, UM, OFFENSES? JUST STANDALONE POSSESSION OF MARIJUANA, LESS THAN TWO OUNCE, UM, OFFENSES? YES, THAT'S WHAT I WAS GETTING READY TO TOUCH ON.
IT'S STILL AN OFFENSE, BUT INSTEAD OF THEM ARRESTING AT THE TIME, THEY'LL WRITE A CITATION AND THE PERSON STILL HAS TO COME BACK TO COURT ON IT LATER.
TO YOUR UNDERSTANDING, EVEN WITH TEXAS'S GENEROUS GUN LAWS, THAT IS STILL AN OFFENSE IN THE STATE OF TEXAS? YES.
IS THAT CORRECT? THAT'S CORRECT.
AND SO EXCLUDING THE TWO, THE TWO OFFENSES THAT WERE INCLUDED IN ERROR, UH, DOES THIS PROPERTY STILL QUALIFY AS AN H C P PROPERTY? YES, IT DOES.
AND HOW MANY OF HOW MANY AB BEATABLE CRIMINAL OFFENSES REMAIN EX EXCLUDING THOSE? IT WOULD STILL QUALIFY, WOULD STILL HAVE TWO HEALTH.
AND SO, UM, AND EVEN IF YOU EXCLUDED THE CRIMINAL TRESPASSES AND THE MARIJUANA AVAILABLES, YOU WOULD STILL, IT WOULD STILL ALSO QUALIFY, IS THAT CORRECT? YES.
AND HOW MANY OFFENSES WOULD THAT BE, EVEN IF YOU EXCLUDED THOSE, WHICH LEGALLY THEY CAN BE INCLUDED? IT WOULD BE EIGHT.
AND SO, UH, REAL QUICK, I, YOU KNOW, TYPICALLY, UM, D P D DOESN'T, AT LEAST ON THE FIRST ACCORD LETTER, DOESN'T INCLUDE CRIMINAL TRESPASSES.
UM, BUT IN THIS CASE, THE CRIMINAL TRESPASSES WERE INCLUDED.
UM, COULD YOU GO INTO TO THE THOUGHT PROCESS AS TO WHY IN THIS PARTICULAR CASE, THEY WERE INCLUDED WITH THE CRIMINAL TRESPASSES? THEY WERE INCLUDED BECAUSE THEY STILL QUALIFY AS FAR AS THE CRIME THAT WAS HAPPENING ON THE PROPERTY.
SO IT STILL SHOWS THAT THE PEOPLE THAT ARE BEING ALLOWED TO STAY THERE ARE THE ONES THAT'S BRINGING THE PROBLEMS TO THE PROPERTY.
AND DO YOU THINK AN INCREASED, UH, SECURITY PRESENCE WOULD BE PART OF THE SOLUTION TO REDUCE CRIMINAL TRESPASS? YES, I DO.
AND TO SPEAK TO THE SECURITY, UM, ANOTHER CONCERN THAT THE CHAIN OF COMMAND HAD THAT I DIDN'T, UH, MENTION EARLIER WHEN YOU BROUGHT THIS UP, IT MADE ME THINK OF IT, IS THAT WHEN THEY GO TO THE LOCATION, THEY DON'T SEE SECURITY THERE WHEN THEY'RE THERE OPERATING AND OR DOING THEIR ARREST AND EVERYTHING.
BUT I RECEIVED A EMAIL FROM THE SECURITY, UH, COMPANY THAT WORKS FOR THEM, WHICH THEY STOPPED SENDING ME.
UH, I HAVEN'T RECEIVED ONE IN ABOUT A MONTH OR SO.
BUT ON THE LAST ONE, THEY, UM, TOOK A PICTURE OF THE OFFICERS THERE, WHOEVER THAT SENT ME THE REPORT.
BUT SECURITY WAS NEVER SEEN, NO ONE EVER INTERACTED AND STATED THAT THEY WERE SECURITY FOR THE PROPERTY.
AND THE OFFICERS HAVE EXPRESSED TO ME THAT THEY, THEY NEVER SEE SECURITY.
AND, UH, YOU WERE, YOU WERE ALSO, WELL, LET ME ASK YOU THIS, UM, BECAUSE THEIR TIMING IS LIMITED, SINCE THE HCP THE SECOND HCP LETTER WAS ISSUED, HAVE ADDITIONAL, ADDITIONAL DEBATABLE OFFENSES OCCURRED ON THE PROPERTY? YES, IT HAS.
APPROXIMATELY HOW MANY? SIX MORE.
AND, UH, ONE OF THE REASONS WHY THAT WASN'T IN, WERE THERE, WAS THERE A PARTICULAR REASON WHY THAT WASN'T INCLUDED? UH, IN, IN THE CITY'S PACKET, UH, TO PRESENT TO THE BOARD? IT, IT DIDN'T GET INCLUDED.
I WANTED TO MAKE SURE THAT THEY HAD A FAIR SHOT AT TRYING TO IMPROVE EVERYTHING.
I DON'T, I'M NOT A BELIEVER IN JUST PILING THINGS ONTO PEOPLE.
I WANT TO GIVE YOU THE OPPORTUNITY TO SHOW ME THAT YOU CAN IMPROVE YOUR PROPERTY.
AND THEN BASED ON, ON YOUR EXPERIENCE AND KNOWLEDGE OF THE PROPERTY, WHAT, WHAT FACTORS DO
[01:20:01]
YOU BELIEVE ARE, ARE DRIVING CRIME THERE? I SOLELY BELIEVE THAT IT'S BASED ON THE PEOPLE THAT ARE ALLOWED TO STAY THERE.AND THEN THE PEOPLE THAT STAND THERE ARE BRINGING IN OTHER PEOPLE AND OTHER ELEMENTS OF CRIME ALONG WITH IT.
AND DO YOU THINK THE EXTENDED STAY NATURE OF THE, THE MOTEL IS PART OF THE, THE PROBLEM OF MULTIPLE CRIMINAL DEBATABLE ACTIVITIES HAPPENING ON THE PROPERTY? YES, I DO.
AND TO YOUR AWARENESS, DO THEY HAVE A CERTIFICATE OF OCCUPANCY FOR AN EXTENDED STAY MOTEL HOTEL? NO, NOT TO MY KNOWLEDGE.
UM, AND IN YOUR PROFESSIONAL OPINION, UM, UH, ARE THERE, ARE THE DEBATABLE OFFENSES HAPPENING AROUND THE SURROUNDING AREA, LIKE THE IMMEDIATELY SURROUNDING AREA, ARE THEY AS BAD AS THEY ARE AT THIS PARTICULAR LOCATION? NO, THEY'RE NOT.
I CHECKED, UH, SEVERAL DIFFERENT LOCATIONS, INCLUDING THE FAST SIGNS THAT'S DIRECTLY NEXT DOOR TO THEM, AND NO ONE HAS THE AMOUNT OF AVAILABLES THAT THEY DO.
THE FAST SIGN LOCATION HAS, EXCUSE ME, IT HAS, UH, FIVE AVAILABLES.
THE WILLIAMS CHICKEN HAS FOUR AVAILABLES.
THE, THE TIRE SHOP AT THE END OF THE CORNER ONLY HAD ONE AVAILABLE.
SO NO, NO ONE HAS THE AMOUNT OF AVAILABLES THAT THEY HAVE AROUND THAT IN THAT AREA.
AND, UM, ONLY BECAUSE WE HAVE A COUPLE OF MINUTES LEFT BETWEEN THE FIR, WERE YOU SOMEWHAT HOPEFUL AT AFTER THE FIRST ACCORD MEETING THAT THEY, UM, THAT THE PROPERTY OWNERS WOULD IMPROVE THE CRIME SITUATION ON THEIR PROPERTY? YES, I WAS.
WHY? BECAUSE I WILL, ONCE I'VE MET WITH THEM, I LIKE TO GIVE PEOPLE AN OPPORTUNITY TO GO AHEAD AND FIX EVERYTHING.
I ALWAYS, I'M HOPEFUL OF THE FACT THAT THE PROPERTY WOULD MAKE A HUGE TURNAROUND BECAUSE I LIKE TO SEE IT SUCCEED.
I LIKE TO SEE EVERYTHING CLEANED UP AS WELL.
SO I WAS HOPEFUL THAT IT WOULD TAKE A TURN.
AND, AND YOU, YOU ALSO WITNESSED THE TRANSFORMATION WITH THE CAPITAL IMPROVEMENTS TO ADDRESS THE CODE AND FIRE SITUATION, CORRECT? YES.
AND REAL QUICK, I, BECAUSE I KNOW THE, THE GATES ARE TYPICALLY A CRIME PREVENTION MEASURE IN THIS PARTICULAR CASE, DO YOU RECALL WHY A DFR OR DALLAS FIRE RESCUE, UH, REQUESTED OR WHAT THEY SAID TO THE PROPERTY OWNER? THEIR OPTIONS WERE FOR THE GATES SPECIFICALLY? YES, I DO.
THE GATES THAT THEY WERE SPEAKING ON, IT'S NOT THE MAIN GATES OF THE PROPERTY, CUZ THE MAIN GATES OF THE PROPERTY IS NOT FULLY THERE.
SO YOU CAN JUST ENTER AND EXIT ONTO THE PROPERTY AS YOU SEE FIT.
UH, THE GATES THAT THEY WERE SPEAKING OF ARE THE GATES THAT'S AT THE END OF THE HALLWAY, WHERE THE ROOMS ARE.
SO WHEN WE WERE THERE AND THEY NOTICED THAT THE GATES WERE LOCKED, THEY, UH, SPOKE TO THAT TO TELL THEM THAT THEY COULDN'T HAVE IT LOCKED BECAUSE OF A FIRE SITUATION.
BUT THEY WERE LOCKING THE GATES BECAUSE THAT WAS, I WAS TOLD THAT THAT'S WHERE THEY HAVE FAMILY MEMBERS THAT COME IN AND STAY AND THEY WANTED TO, YOU KNOW, I GUESS MAKE SURE THAT THEIR FAMILY MEMBERS WERE SAFE.
BUT THOSE WERE THE ONLY PLACES THAT HAD LOCKED GATES TO IT.
EVERYTHING ELSE WAS JUST OPEN.
EVERYONE ELSE IS STAYING THERE OR JUST PRETTY MUCH THERE TO FEND FOR THEMSELVES FAILS.
AND, AND I THINK MY TIME IS UP BY, BUT, SO THANK YOU HONORABLE BOARD MEMBERS.
UM, YOU, YOU'VE ACTUALLY GOT TWO MORE MINUTES.
I DON'T KNOW IF YOU WANT TO, OKAY.
UM, I, I DO JUST TO CLARIFY, UH, THE GATES, BECAUSE I REALIZED THAT THERE WERE TWO, WE WERE SPEAKING OF TWO DIFFERENT GATES.
UM, AS FAR AS THE ENTRY EXIT WAY GATES, THE ROLLING, THE ORIGINAL ROLLING GATES THAT DFR HAD ADDRESSED WITH THE PROPERTY OWNER.
LIKE WHEN YOU ACTUALLY PULL INTO THE PROPERTY AND THEN I GUESS YOU'RE FACING EASTBOUND MM-HMM.
DO YOU, DO YOU RECALL WHAT D FFR GAVE THEM OPTIONS FOR WITH THAT GATE OR NOT THAT I DON'T RECALL.
I JUST KNOW THAT I'VE NEVER SEEN THOSE GATES OPERABLE.
SO IT'S POSSIBLE THAT THEY, THAT IT WAS SUGGESTED EITHER TO MAKE THE GATES OPERABLE OR TO SIMPLY REMOVE THE GATES? YES.
CUZ THAT'S TYPICALLY WHAT WE SUGGEST WHEN WE'RE DEALING WITH A A PROPERTY IS WE WOULD LIKE TO SEE THEM MAKE THE GATES OPERABLE.
THAT WAY IT COULD KEEP THE TRAFFIC DOWN AND KEEP THE PEOPLE THAT THAT'S NOT SUPPOSED TO BE THERE OUT.
AND, AND THIS WILL PROBABLY BE TIME FOR MY LAST QUESTION.
COULD YOU JUST BRIEFLY SPEAK ON THE SECURITY CAMERA SITUATIONS AND WHETHER EMPLOYEES HAD ACCESS TO IT OR ABLE TO PROVIDE ACCESS TO IT UPON DPDS REQUEST? YES, SURE, I CAN.
THEY HAD SEVERAL CAMERAS UP THAT, UH, UPON THE INSPECTION THAT WE WENT OUT ON THAT HAD OVER SPRAY FROM PAINT ON THE, ON
[01:25:01]
THE LENS OF THE CAMERAS.SO I SPOKE TO THEM ABOUT THAT TO ASK THEM, YOU KNOW, ARE THESE CAMERAS OPERABLE OR ARE YOU GONNA, WHAT'S GOING ON WITH THEM ON WHY THEY HAD THE SPRAY PAINT ON THE LENS? SO THEY TOLD ME THAT SEVERAL OF THOSE CAMERAS WERE OLD AND THEY WERE NOT OPERABLE AND THAT THEY'RE STILL UP TO THIS, YOU KNOW, THAT FROM THE LAST VISIT THAT I WENT TO, THEY WERE STILL THERE AND THEY HAD A COUPLE OF CAMERAS THAT WORKED.
BUT THEN WHEN I SPOKE WITH ONE OF THE OFFICE STAFF, THEY TOLD ME THAT THEY WEREN'T TRAINED ON HOW TO GET THE, THE INFORMATION OFF THE CAMERA, BUT THAT MANAGEMENT AND THE OWNER COULD GET IT ALL.
AND THAT, AND THAT IS YOUR TIME, MR. HERNANDEZ, BUT YOU, YOU WILL GET A, UH, A CLOSING AS WELL.
UH, MR. KINGSTON, DO YOU HAVE ANY QUESTIONS FOR, UH, THE DETECTIVE? I DO.
AND YOU HAVE GOT, UH, FIVE MINUTES REMAINING.
UH, DETECTIVE HAYNES, UM, THANKS FOR BEING HERE TODAY.
UM, YOU HAVE TOLD THE BOARD THAT THERE'S PROSTITUTION ON THE PROPERTY.
THAT SOME OF THE OFFENSES ON THERE WERE PROSTITUTION.
THE BOARD HAS THREE YEARS OF ARREST DATA FROM D P D IN THE ACCORD LETTERS.
AND THERE'S NOT ONE PROSTITUTION OR SOLICITING ARREST ON THERE.
IS THERE? THE PROSTITUTION TOOK PLACE ON AUGUST 28TH, 2020.
AND I CAN TELL YOU ANOTHER LISTED OFFENSE ON HERE.
SO WHEN YOU'RE TALKING, WHICH IS LISTED IN THE WORKBOOK, I'M SPEAKING TO THE PROPERTY THAT'S TAKING PLACE ON THE CRIME THROUGHOUT THE TIME THAT WE'VE HAD THE CASE.
SO WHAT WE'RE HERE ON TODAY IS THE 365 DAYS BEFORE THE ACCORD LETTER.
I'M SPEAKING TO THE CRIME THAT'S TAKING PLACE ON THE PROPERTY THROUGHOUT THE TIME.
BUT YOU'RE ASKING, WHEN I WAS REFERRING YOU ASKING OF WHAT KINDA OFFENSES TOOK PLACE ON THE PROPERTY, I'M SPEAKING TO ALL OF THE OFFENSES THAT'S TAKING PLACE SINCE WE'VE HAD THE CASE.
SO, SO IS TO NOT ARGUE OVER SEMANTICS.
DETECTIVE PAYNES, YOU WOULD AGREE THAT IN THE 365 DAYS BEFORE THE ACCORD LETTER OF THIS YEAR, THE PROPERTY IS SUBSTANTIALLY IMPROVED.
THE PROPERTY HAS STILL, IT STILL HAS AVAILABLES, IT STILL HAS CRIME THAT'S HAPPENING THERE.
I'M GONNA JUST SAY THAT IT STILL HAS CRIME THAT'S HAPPENING THERE.
SIR, I'M JUST READING FROM THE LIST THAT YOU PROVIDED AND IT LOOKS LIKE LESS VIOLENT CRIME.
WOULD YOU AGREE WITH THAT? I'M GONNA AGREE THAT THE PROPERTY OWNER HAS TAKEN STEPS TO TRY TO DO THINGS TO IMPROVE THE PROPERTY, BUT I'M NOT GONNA SAY THAT THERE'S NOT VIOLENT CRIME HAPPENING THERE.
I'M NOT GONNA SAY THAT THAT'S NOT WHAT I ASKED YOU.
I SAID THERE'S LESS VIOLENT CRIME THAN BEFORE THE ORIGINAL DESIGNATION.
A CRIME IS STILL TAKING PLACE THERE.
WOULD YOU AGREE OR DISAGREE THAT THE PROPERTY HAS IMPROVED IN THE 365 DAYS BEFORE THE 2023 ACCORD LETTER? IT LOOKS A LITTLE BETTER, BUT I'M NOT GONNA SAY THAT IT'S DEFINITELY IMPROVED.
DOES CHIEF GARCIA HAVE ANY WRITTEN INSTRUCTIONS TO OFFICERS REGARDING POSSESSION OF MARIJUANA UNDER TWO OUNCES THERE'S A PENAL CODE WHICH INSTRUCTS INSTRUCTS OFFICERS ON HOW TO HANDLE IT.
ALSO, NOT WHAT I ASKED YOU, DOES CHIEF GARCIA HAVE ANY INSTRUCTIONS TO OFFICERS? I HAVE NOT SEEN ANY WRITTEN OFF INSTRUCTIONS FROM CHIEF GARCIA.
SO WHEN HE TOLD EVERYONE GOES BY THE PENAL CODE, SO WHEN HE TOLD NBC NEWS THAT WE WERE NOT ARRESTING FOR POSSESSION UNDER TWO OUNCES, THAT WAS NOT TRUE.
I'M NOT GONNA SAY IT WAS NOT TRUE.
I DIDN'T SEE THAT NEWS COVERAGE, SO I CAN'T SPEAK TO THAT.
ALL I CAN SPEAK TO IS THE FACT THAT WE HAVE A PENAL CODE THAT WE GO BY.
WHEN YOUR OFFICER SAID THEY DON'T SEE SECURITY, HOW WAS THAT COMMUNICATED TO THE PATELS? I'M NOT SURE OF HOW IT'S COMMUNICATED IF THEY COMMUNICATE WITH THE PATELS WHEN THEY'RE OUT THERE.
I JUST KNOW IT WAS COMMUNICATED TO ME IN THE COMPSTAT MEETING.
WELL, THAT'S CERTAINLY HELPFUL FOR DRIVING DOWN CRIME.
UM, IS THERE A DIFFERENT CO THAT HOTELS ARE REQUIRED TO HAVE FOR EXTENDED STAY? THAT'S NOT MY AREA, BUT I WAS TOLD THAT IT IS.
IF I GO AND RENT A ROOM AT THE RITZ FOR SIX DAYS, IS THAT LEGAL?
[01:30:01]
ONCE AGAIN, NOT MY, MY EXPERTISE.I CAN'T TELL YOU EXACTLY WHAT HAPPENS WITH THE CODE SIDE AND THE OFFENSE SIDE OF THAT SIDE.
DID YOU EXAMINE ANY YOU WANT TO, WOULD YOU LIKE TO DIRECT THAT QUESTION TO MR. HERNANDEZ? UH, MR. CHAIR, I'LL JUST REPRESENT TO THE BOARD THAT THERE IS NO DIFFERENT CO FOR EXTENDED STAY HOTEL.
THAT'S, THAT IS, UH, UM, THAT'S NOT EXACTLY CANDOR TOWARD THIS TRIBUNAL TO PRETEND THAT THERE IS.
UM, DID YOU EXAMINE OTHER HOTELS AND MOTELS IN THE AREA FOR SIMILAR CRIME RATES? NO, I DID NOT.
INSTEAD YOU JUST LOOKED AT A TIRE SHOP AND A WILLIAMS CHICKEN.
I LOOKED AT THE BUSINESSES THAT WOULD BE CLOSE TO THAT AREA TO KEEP IT FAIR TO THE COMPLAINANT, WHICH WERE A TIRE SHOP AND WILLIAMS CHICKEN.
AND THE FAST SIGNS THAT'S DIRECTLY NEXT DOOR TO IT.
AND DO PEOPLE SLEEP AT THOSE BUSINESSES? I'M NOT SURE, UM, IF THEY DO OR NOT.
THAT'S YOUR TIME, MR. KINGSTON.
UH, WE'LL NOW GO THROUGH THE LIST OF BOARD MEMBERS WHO MAY HAVE QUESTIONS FOR DETECTIVE HAYNES.
UH, BEGINNING WITH THREE MINUTES OF QUESTIONS.
MS. WILLIS? UH, YES, I DO HAVE A QUESTION.
UM, MY QUESTION IS, IS, UH, THE DETECTIVE CAN CLARIFY.
GOOD MORNING, DETECTIVE PAYNES.
IF YOU COULD CLARIFY AGAIN WITH THE SPAN OF WITHIN THE SPAN OF TIME, HOW LONG YOU ALL HAVE BEEN, UM, WORKING WITH THIS, UM, BUSINESS, UM, SINCE AUGUST OF 2020, MA'AM.
AND I THINK OTHER QUESTION I'LL JUST ASK IS WHAT, UM, WHAT MEASURES HAS THE DALLAS PD DONE TO, TO, UM, I KNOW YOU GUYS HAVE KIND OF, UH, SET SOME REQUIREMENTS FOR THEM TO TRY TO SOME DELIVERABLES FOR ON THEIR END, BUT HAS THERE BEEN ANY KIND OF, UH, WORK ALONG OR A A, I DON'T KNOW IF THE RIGHT WORD WOULD BE A WORK? I THINK I UNDERSTAND WHAT YOU'RE ASKING.
UHHUH,
AND THE BINDER, I SUBMITTED A LIST OF FIVE EIGHTS FOR THAT PROPERTY, 69 50 MARVIN DE LOVE AND FIVE EIGHTS ARE HOTSPOT MARK OUTS, WHICH SHOWS THAT THE INITIATIVE FROM D P D SIDE, WHICH WOULD BE THE MAIN STATION ON COUNT WILSON, THEY TAKE IT UPON THEMSELVES TO SEND OFFICERS TO AREAS THAT THEY'RE HAVING PROBLEMS WITH THAT HAS HIGH CRIME.
AND IT WILL SHOW, UM, THAT THEY HAD A LOT OF FIVE EIGHTS WHERE OFFICERS WERE DISPERSED TO THEIR LOCATION TO GO OUT, SIT UP SHOW OFFICER PRESENCE TO TRY TO DETER CRIME.
SO THAT WAS IN THE BINDER TOO.
AND THEN I ALSO INCLUDED IT, MA'AM, FOR THE SURROUNDING AREAS TO SHOW THAT THE OTHER PROPERTIES HOW MANY TIMES THEY'VE HAD TO HAVE A FIVE EIGHT A PERSON SENT OUT TO THEIR PROPERTY FOR THE CRIME.
AND HOW MANY TIMES THIS PROPERTY HAS HAD TO HAVE SOMEONE TO COME OUT AND SIT THERE ON A MARK OUT, WHICH IS TYPICALLY LIKE ABOUT MAYBE ANYWHERE FROM 10 TO 15 MINUTES OF, UH, EACH TIME.
SO DOES THAT FIVE EIGHT START ON PAGE 66? I'M NOT SURE WHAT PAGE IT IS ON THE BINDER.
IN THE BINDER, BUT IT'S HIGHLIGHTED, UM, ON ALL THE CALL LOGS.
ATTORNEY, HER NAME DOES, WOULD YOU KNOW BY ANY CHANCE WHAT PAGE THE FIVE EIGHT START ON? I DON'T HAVE THE BINDER IN FRONT OF ME.
I, ON THE, IT'LL BE, IT'LL START ON PAGE 3 92 OF 460.
AND, UH, THAT'S YOUR TIME, MS. WILLIS.
UM, MS. TORRES, DO YOU HAVE ANY QUESTIONS?
[01:35:02]
UM, YES, DETECTIVE HAYES, THANK YOU FOR BEING HERE.UM, I JUST, I WANTED, UM, I WANTED TO ASK YOU, UM, ARE YOU HAVING TO GO OUT TO THE PROPERTY, UM, IN ORDER FOR THESE INVESTIGATIONS TO TAKE PLACE? FOR EXAMPLE, LIKE WHEN WAS YOUR LAST TIME ON PROPERTY? YES MA'AM.
I DO HAVE TO GO OUT TO THE PROPERTY AND MY LAST TIME ON PROPERTY WAS STAY BEFORE YESTERDAY.
AND A LOT OF TIMES I JUST GO OUT, I DON'T EVEN GO IN THE OFFICE.
I, EVERY TIME, AT LEAST A COUPLE OF TIMES A WEEK I'M VISITING MY PROPERTIES THAT I HAVE.
SO I'M OUT, I'M TAKING PICTURES OF THE PROPERTY, I'M DOING UPDATES ON THE PROPERTY, AND I RUN THE NUMBERS TO THE PROPERTIES EVERY DAY TO SEE IF ANYTHING NEW HAPPENED OVERNIGHT WHILE I WAS GONE.
AND THEN, YOU KNOW, YOU'VE HAD THIS CASE SINCE AUGUST OF 2020, SO IT'S NOT SOMETHING THAT'S, YOU KNOW, NEW TO YOU.
UM, YOU KNOW, GOING ON THREE YEARS THIS YEAR AND JUST OVERALL WHERE IT IS TODAY, YOU JUST DON'T THINK THEY'VE DONE ENOUGH, BASICALLY.
WELL, I DO GIVE THEM A CREDIT FOR THE IMPROVEMENT THAT THEY MADE TO THE PROPERTY SINCE WE'VE BEEN THERE, BUT I'M STILL CONCERNED ABOUT THE CRIME THAT'S HAPPENING THERE, ESPECIALLY WHEN ASSAULTS ARE STILL HAPPENING THERE AND ARREST ARE STILL COMING OUT OF THE LOCATION WITH PEOPLE GETTING ARRESTED FOR GUNS AND DRUGS AND EVERYTHING ELSE.
I'M STILL KIND OF CONCERNED ABOUT THE TYPE OF PEOPLE THAT'S COMING TO THE LOCATION IS MY MAIN CONCERN.
UM, WHEN YOU, WHEN YOU SAY THIS, LIKE, UM, WHAT IS THE ALTERNATIVE FOR SOME OF THESE PEOPLE? LIKE, I DON'T KNOW, I GUESS, YOU KNOW, PEOPLE NEED AFFORDABLE, YOU KNOW, AFFORDABLE HOUSING IS OBVIOUSLY AN ISSUE IN DALLAS.
UM, AND THEY MAY NEED TEMPORARY STAYS, BUT LIKE, I MEAN, AND THIS IS MAY, THIS IS NOT THE FORM TO FIGURE OUT THIS, THIS ISSUE.
UM, I JUST KIND OF WANNA GET A SENSE OF YOU.
SO LIKE WHAT DO YOU SEE YOUR OTHER PROPERTIES WITH SIMILAR ISSUES, WHAT ARE THEY DOING THAT MAKES THEM KIND OF GET, DIG THEMSELVES OUT, OUT, OUT OF THIS SITUATION? WELL, TO START OFF WITH, I DON'T, I DON'T THINK THAT EVERYONE AT THE LOCATION THAT THEY'RE RENTING TO IS, ARE BAD PEOPLE.
YOU KNOW, IT'S JUST CERTAIN PEOPLE THAT COME IN THERE AND THEY MAKE THE WHOLE SCENE GO BAD.
BUT I'VE MET PEOPLE THERE WHO BEEN STAYING THERE FOR MONTHS AND THEY JUST COMPLAINED.
THEY HAD COMPLAINTS TO US ABOUT DIFFERENT THINGS AS FAR AS THE CRIME AND AS FAR AS THE, UH, LIVING THERE, YOU KNOW, THEY HAD PROBLEMS WITH THE RODENTS AND STUFF LIKE THAT.
THEY, THOSE WERE TYPICAL COMPLAINTS.
BUT THE OTHER PROPERTIES THAT I SEE, THAT'S THE ONLY DIFFERENCE THAT I SEE THEM DOING IS A STRICTER CHECK WHEN THEY'RE RENTING TO PEOPLE.
AND THEN THAT KEEPS THE BAD APPLES OUT AND KEEPS THE GOOD IN.
I UNDERSTAND EVERYONE HAS A, HAS TO HAVE A PLACE TO GO, BUT AT THE SAME TIME, IF YOU'RE KNOWN TO HAVE A BACKGROUND AND TO CREATE A PROBLEM, THEN I, I DON'T HAVE A SOLUTION FOR THAT ONE JUST YET, BUT I THINK THAT THEY SHOULD NOT BE ALLOWED TO RENT THERE TO DISTURB THE OTHER PEOPLE WHO ARE NOT CREATING A PROBLEM.
THANK YOU VERY MUCH MS. TORRES.
UH, MR. CUC? GOOD MORNING DETECTIVE.
MY QUESTION IS, HAVE YOU SEEN THE PHOTOS IN THE PACKET PROVIDED BY THE CITY? YES, I HAVE.
DO YOU KNOW WHEN THESE PHOTOS WERE TAKEN? UH, EACH TIME FROM THE, IT'S DIFFERENT TIMES CUZ A LOT OF THE PHOTOS THAT WERE SUBMITTED WERE MINE AND THEN WHEN I GO OUT ON THE INSPECTION EACH TIME I'LL TAKE A PHOTO OF SOMETHING, OF SOMETHING IF I SEE IT.
SO THE PHOTOS THAT ARE IN HERE, ARE THEY TAKEN IN, CAN YOU, WERE THEY TAKEN IN 2023? UH, SOME OF THEM MIGHT.
I KNOW ONE OF THEM DEFINITELY WAS IF THE, IF THE PHOTOS IS IN THERE STILL OF THE PHOTOS WITH THE GUN AND THE, ALL OF THE DRUGS THAT WERE SEIZED ON THE 14TH OF JUNE.
BUT I DON'T HAVE THE BINDER UP IN FRONT OF ME TO BE ABLE TO TELL YOU THAT.
IT LOOKED LIKE PIECES OF GUN THAT ACTUALLY SAYS THE WORD GLOCK ON IT, UH, WITH LOOKS LIKE A HEY DUDE SHOE.
UH, SOMEBODY'S LOOKING TO HAVE THE BLUE SHOE ON.
IT LOOKS LIKE DRUG PARAPHERNALIA.
THIS HAS, YES, A LOT OF THOSE WERE TAKEN AT THE EARLIER PART OF THIS YEAR, IN THE END OF PART OF LAST YEAR.
SO ALL OF THOSE PHOTOS ARE PRETTY MUCH GONNA BE RECENT PHOTOS.
THEY'RE NOT GONNA BE ANYTHING FROM LIKE 2020 OR 2021.
THERE'S GRAFFITI ON ONE OF THE, UH, ARE ON TWO OF THE COLUMNS THAT ARE WITH THE GATE, UM, A GATE, UM, IN BETWEEN IT.
DO YOU KNOW IF THO THAT WAS PROBABLY A 2023 PHOTO OR 2022? THE ONE WITH THE GRAFFITI WAS PROBABLY GONNA BE FROM LAST YEAR BECAUSE THEY'VE RECENTLY PAINTED THOSE PICTURES THAT THEY SHOWED YOU ALL EARLIER OF THE BUILDING WITH IT BEING WHITE AND RED.
THOSE ARE THE UPGRADES THAT THEY'VE DONE TO THE BUILDING.
IN REGARD TO D P D LETTERS OF ACCOMMODATION, UH, OR AT LEAST MAYBE I'M USING THE WRONG WORD, ACCOMMODATION.
[01:40:01]
IN, I DON'T KNOW IF IT WAS THE OPENING, UM, BY APPELLANT'S ATTORNEY, UM, BUT THE, DO YOU KNOW OF ANY DALLAS POLICE DEPARTMENT LETTERS THAT SAY, HEY, YOU'RE DOING A GREAT JOB, YOU SHOULD, UM, YOU MADE A HUGE IMPROVEMENT? NO, SIR.DO YOU KNOW OF ANY LETTERS THAT WERE SENT THAT SAID CONGRATULATIONS? LIKE THE ONE THAT WAS SENT BY THE, UH, FIRE DEPARTMENT SENT BY THE, ANY LETTERS LIKE THAT SENT BY THE POLICE DEPARTMENT? NO, SIR.
UM, IN REGARD TO THE CRIME THAT YOU MENTIONED THAT HAPPENED IN JUNE, YOU SAID THERE WERE GUNS AND DRUG PARAPHERNALIA AND ANY REFERENCED, YOU SAID THAT THERE WAS A PHOTO.
IS THAT THE PHOTO THAT HAS, UM, I GUESS IT LOOKS LIKE, UH, UH, FLIP PHONES AND MASON JARS? I'M ASSUMING THEY HAVE SOME SUBSTANCE IN IT.
GUNS, IS THAT THE ONE YOU'RE TALKING ABOUT THAT WAS TAKEN IN JUNE OR OF THAT JUNE CRIME? YES.
IN REGARD TO EXTENDED STAY, WHETHER YOU NEED A PERMIT OR NO PERMIT AT ALL, UM, IS IT YOUR POSITION, OR AT LEAST FROM YOUR, FROM YOUR EXPERIENCE OF 15 TO 17 YEARS OF DOING THIS, THAT EXTENDED STAYS PAST SEVEN DAYS, UH, TEND TO, UM, ENCOURAGE, UH, POSSIBLE INDIVIDUALS WHO, WHO MAY HAVE STARTED OUT FINE, BUT END UP WITH, UH, I GUESS OUR FACILITIES BRINGING MORE CRIMINAL ACTIVITY ONTO THE PROPERTY? YES, THAT'S CORRECT.
DO YOU HAVE A REASON WHY YOU FEEL THAT WAY? YES, I DO.
I FEEL LIKE THE LONGER THAT YOU ARE AT A CERTAIN PLACE AND YOU'RE ALLOWED TO STAY THERE, YOU GET COMFORTABLE WITH THE PROPERTY, YOU GET COMFORTABLE WITH KNOWING THE INS AND OUTS TO IT.
WHEN SECURITY COMES, WHEN SECURITY'S NOT THERE, YOU FEEL COMFORTABLE WITH THE TIMES THAT YOU'RE ABLE TO DO THE CRIME THAT YOU'RE GONNA COMMIT THERE.
YOU LEARN THE, YOU START TO LEARN THE PROPERTY WHEN YOU MENTION THE GATE GATES THAT, GO AHEAD.
UH, MR. JEFF, DO YOU HAVE ANY QUESTIONS? I DO NOT HAVE ANY QUESTIONS AT THIS TIME.
UH, MR. HAYES, JUST PRETTY QUICK, UH, DO DETECTIVE HAYNES, THANK YOU FOR BOTH OF YOUR SERVICE AND FOR BEING HERE.
AND LET ME SAY AS A SIDE COMMENT, I'M VERY IMPRESSED BY YOUR ABILITY TO TAKE IN THE WHOLE PICTURE, NOT JUST FROM A NARROW POLICE ENFORCEMENT PERSPECTIVE.
YOU SAID THAT YOU WERE HOPEFUL WAS YOUR EXACT WORD, UH, AT THE FIRST ACCORD MEETING THAT MR. PATEL WOULD BE TAKING REMEDIAL STEPS, BUT YOU SPECIFICALLY MENTIONED THAT THAT WAS THE FIRST ACCORD MEETING.
HAS YOUR OPINION CHANGED SUBSEQUENT TO THAT TIME? THROUGHOUT THE TIME MY OPINION CHANGED AND THE ONLY REASON WHY IT CHANGED IS BECAUSE IT SEEMED LIKE AS THE TIME WENT ON WE WERE PULLING, AS THEY SAY, PULLING TEETH WITH HIM OR WITH THE PROPERTY.
WE WOULD GET SOME KIND OF PUSHBACK SOMETIMES OR ATTITUDE SOMETIMES IF WE TALKED TO THEM ABOUT CERTAIN THINGS THAT NEEDED TO BE FIXED.
AND I WAS DEFINITELY HOPEFUL FOR THE PROPERTY CUZ UH, I KNOW THIS IS OUTSIDE OF THE RECORD, BUT A LITTLE, UH, BACKGROUND ON ME.
I GREW UP ON THAT CHANNEL, SO I HAVE A INTEREST.
I CARE ABOUT THE PEOPLE THAT I CARE ABOUT PEOPLE EVERYWHERE, BUT I WANT TO SEE IT BE A SAFE AREA FOR ANYBODY TO BE ABLE TO COME TO AND ANYBODY TO VISIT.
I WANNA SEE EVERYTHING CLEANED UP.
MR. QUINT, DO YOU HAVE ANY QUESTIONS? YES SIR, I DO.
THANK YOU FOR BEING HERE AND I APPRECIATE WHEN YOU SAID YOU LIKE TO SEE PEOPLE SUCCEED.
IT, IT WARMS MY HEART WHEN I SEE PEOPLE REALLY SUCCESSFUL AND GOING OUT AND, AND GETTING THE AMERICAN DREAM, SO TO SPEAK.
UM, SO YOU MENTIONED THAT WHEN THE POLICE ARE THERE MANY TIMES THEY DON'T SEE SECURITY THERE.
DO YOU KNOW HOW MANY TIMES THAT WAS? IT'S BEEN MENTIONED TO ME ON THREE OR FOUR OCCASIONS PERSONALLY.
AND THEN THE ONE TIME THAT, UM, I, I DID A NIGHT INSPECTION.
I CAN RECALL SEEING SOMEONE SITTING IN A CAR AT THE FRONT GATE, BUT I COULD NEVER VERIFY IF THEY WERE SECURITY OR NOT BECAUSE THEY NEVER GOT OUT THE CAR.
SO I WILL GIVE THEM THAT ONE TIME THAT IT WAS SOMEONE SITTING AT THE FRONT GATE.
BUT THAT WAS LIKE A YEAR AGO WITH A NIGHTTIME SECURITY.
THE MOST RECENT NIGHTTIME ONE THAT I DID, WHICH WAS ABOUT A MONTH AGO, I DIDN'T WITNESS ANYONE THERE.
SO, SO LEADING ON THAT WOULD, AT, AT, AT THE NIGHTTIME HOURS, WOULD IT BE BETTER TO HAVE A OFF-DUTY POLICE AND A CRUISER SITTING THERE VERSUS SECURITY IF POSSIBLE, BUT THEY WOULD
[01:45:01]
PROBABLY HAVE TO REQUEST A, UM, EXTRA PATROL AND A PERSON COULDN'T SIT THERE CONSTANTLY UNLESS THEY HIRED AN OFF-DUTY OFFICER.THAT, THAT WAS MY QUESTION IS IF THEY HIRE AN OFF-DUTY OFFICER YES.
WOULD THAT BE A ABILITY DETERRENT? YES, IT WOULD.
BUT I TRY TO BE, UH, REASONABLE.
SO I DON'T LIKE TO COME OFF AS, YOU KNOW, ASKING PEOPLE TO DO THE MOST OR SPEND THE MOST MONEY UP FRONT.
I GIVE 'EM OPTIONS, TELL 'EM WHAT THEY CAN, YOU KNOW, WHATEVER WE CAN AFFORD.
WE TRY TO WORK WITH THEM TO MAKE SURE THAT WE ARE NOT JUST TRYING TO DRAIN SOMEONE DRY AT THE SAME TIME EITHER.
YOU KNOW, AND I CAN TOTALLY APPRECIATE THAT.
SO YOU MENTIONED THAT THE FRONT GATE IS OPEN AND NOT OPERABLE, CORRECT? YES SIR.
SO IF THEY WERE ABLE TO MAKE IT OPERABLE AND BY, YOU KNOW, ADMITTANCE BY THE FRONT GATE, YOU HAVE TO PUSH A BUTTON, I'M HERE, I'M IN ROOM, WHATEVER.
WOULD THAT BE A REALLY GOOD DETERRENT? YES SIR.
SO, SO IN ESSENCE, THE PROPERTY REALLY IS WIDE OPEN, CORRECT? YES, IT IS.
YOU CAN GO ON IT AT ANY TIME, GO THROUGH THE, THE ENTRY AND THE EXIT GATE ON BOTH SIDES OF THE PROPERTY AT ANY TIME.
SO, SO IT'S TOTALLY WIDE OPEN.
UM, THEY DO HAVE SECURITY CAMERAS.
DO YOU KNOW HOW MANY THEY HAVE? THE LAST TIME THAT I CHECKED, I SAW PERSONALLY UP ON THE SCREEN, MAYBE ABOUT EIGHT TO NINE DIFFERENT CAMERAS THAT WERE WORKING UP ON THEIR MAIN SCREEN THAT THEY HAD IN THE OFFICE.
AND HOW MANY OF THOSE WERE OPERABLE? THEY WERE ALL WORKING AT THE TIME AND AT THE BOTTOM THEY HAD LIKE, UM, FOUR TO MAYBE FIVE BLANK SCREENS THAT WERE BLACK.
SO I DON'T KNOW IF THOSE WERE ATTACHED TO ANY CAMERAS OR NOT.
CAUSE YOU HAD MENTIONED SOME WERE PAINTED OVER, SO THEY WERE INOPERABLE.
HOW MANY IS, HOW MANY WERE THERE? I COUNTED AT LEAST MAYBE ABOUT TOOK, I TOOK PICTURES OF HIM TOO.
MAYBE ABOUT FIVE TO SIX THAT I WITNESSED THAT HAD SPRAY PAINT OVER THEM THAT WERE IN, THEY WERE THEY IN CRITICAL AREAS THAT THAT'S YOUR TIME? YES, THEY WERE FOR THIS ROUND.
UM, MY FIRST QUESTION IS ACTUALLY FOR MR. HERNANDEZ.
UM, MR. HERNANDEZ, IS IT THE CITY'S CONTENTION THAT THE PROPERTY IS OPERATING OUTSIDE OF THE PERMISSION OF ITS CERTIFICATE OF OCCUPANCY? UH, NO.
NO, YOUR HONOR, THERE, THERE ARE DIFFERENT, UM, CERTIFICATES OF OCCUPANCY AND THERE IS IN FACT ONE REGARDING AN EXTENDED STAY HOTEL AND THE PROVISION IS 50 51 A DASH 4.205 AND THEN PARENTHESES 1.1.
SO, UM, THEY HAVE, UM, THEY HAVE A DEFINITION AND THEN THEY HAVE THE CRITERIA OF WHICH, UH, THEY CAN OPERATE OFF OF.
SO, BUT IT'S NOT, IT'S NOT OUR CONTENTION THAT THEY'RE NOT OPERATING AS NECESSARILY WITH, ON THE EXTENDED STATE.
WELL, THEY'RE DEFINITELY NOT OPERATING ON THE EXTENDED STAY HOTEL.
I BELIEVE THEIR CO IS FOR JUST A, A REGULAR HOTEL.
UM, CAN I GET YOU TO PULL UP THAT ORDINANCE FOR US AT SOME POINT? UM, YEAH, I CAN, I CAN, I CAN READ THAT IN NOW IF YOU'D LIKE.
WITH THE, WITH QUESTIONING THEM CUZ I HAVE A COUPLE OF QUESTIONS FOR THE DETECTIVE AS WELL.
UM, DETECTIVE HAYNES, UH, I ALSO THANK YOU FOR BEING HERE.
UM, IN THE CITY'S EXHIBIT, IN ADDITION TO THE LETTERS, THERE'S ALSO A DOCUMENT TITLED POLICE REPORT SUMMARIES.
DID YOU PREPARE THAT? YES, UH, I HAVE PREPARED SIR.
UM, MM-HMM
FOR EXAMPLE, UM, OCTOBER OF 2022, ON OCTOBER 30TH, IN ADDITION TO THE POSSESSION OF MARIJUANA, THERE WAS ALSO AN ASSAULT ON A PREGNANT PERSON, UM, ON THE NOVEMBER UH, 14TH, 2022 OFFENSE, IT'S LISTED AS POSSESSION OF MARIJUANA, BUT UH, THE DESCRIPTION SAYS THAT THE SUSPECT WAS ACTUALLY ARRESTED FOR THEFT AND THE MARIJUANA WAS DISCOVERED DURING BOOKING.
UM, THERE, THERE'S A COUPLE OF OTHERS LIKE THAT.
DO YOU KNOW WHY THOSE OTHER OFFENSES WERE NOT LISTED IN THE LETTER? ARE YOU SPEAKING TO THE SUMMARIES THAT'S IN THE WORKBOOK, SIR? OR THE, THE SUMM THAT'S TYPED OUT AS A WHOLE, IF YOU'RE SPEAKING TO THE SUMMARIES, JUST TYPED OUT AS A WHOLE, THOSE WERE PREPARED BY ATTORNEY HERNANDEZ.
BUT DO YOU KNOW WHY WHERE, WHERE THERE WERE MULTIPLE OFFENSES IN A SINGLE ARREST? DO YOU KNOW WHY
[01:50:01]
MAYBE ONLY ONE OF THOSE OFFENSES IS LISTED IN THE LETTER TO THE APPELLANT? YES.IF IT'S MULTIPLE OFFENSES THAT'S ATTACHED TO THE, THE INCIDENT, WE DON'T LIKE TO COUNT IT OVER AND OVER CUZ IT'LL MAKE IT LOOK LIKE IT'S MORE, UM, OFFENSES THAN WHAT IT IS.
AND TO BE FAIR TO THEM, WE ONLY LIST IT ONE TIME.
SO IF IT HAS MULTIPLE THINGS BUT IT CAN BE PROVEN THAT IT'S ATTACHED TO THAT SAME OFFENSE, THEN WE DON'T LIST IT MULTIPLE TIMES TO KEEP THE NUMBERS FAIR.
AND WHAT IS, WHAT IS A, WHAT IS PENALTY GROUP ONE? DO YOU KNOW WHAT THAT MEANS FOR A CONTROLLED SUBSTANCE? IT WOULD BE IN PENALTY GROUP ONE.
YES, IT WILL BE THE PENALTY GROUP IN WHICH THE, WHICH WHO, WHICHEVER OFFICER DID THE REPORT, THEY TAKE THE, THE NARCOTICS DOWN, THEY WEIGH IT AND ACCORDING TO THE WEIGHT OF IT AND ACCORDING TO THE TYPE OF NARCOTICS, IT FALLS INTO DIFFERENT PENALTY GROUPS.
SO THAT'S WHAT THAT WILL BE SPEAKING TO.
WE'LL GO BACK THROUGH THE LIST, UM, FOR A ROUND OF TWO MINUTES BEGINNING WITH MS. WILLIS.
MR. PUCCI, I WAS JUST WAITING FOR YOU TO CALL.
I WANTED TO FOLLOW UP, UH, DETECTIVE IN REGARD TO YOUR COMMENTS REGARDING THE GATES.
I THINK I WAS A BIT CONFUSED, SO I WANNA MAKE SURE I HAVE THE CLARIFICATION.
WHEN I WAS THINKING GATES, UM, THAT HAD TO BE TAKEN DOWN.
THE GATES THAT WERE TAKEN DOWN WERE INTERNAL, NOT EXTERNAL, MEANING OUTSIDE A BUILDING.
THEY JUST WANTED THEM TO NOT PAD LOCK THEM, YOU KNOW, SHUT TO WHERE NO ONE COULD GET OUT FOR A FIRE.
SO THOSE WERE THE GATES THAT I WAS THINKING THAT THEY WERE SPEAKING OF CUZ THOSE WERE THE ONES THAT I PERSONALLY HEARD THE FIRE OFFICER TALK TO THEM ABOUT.
AND THOSE GATES WERE IN INTERNALLY WITHIN THE HALLS OF THE BUILDING, IS THAT CORRECT? UH, YES SIR.
IT WAS AT THE END OF EACH HALLWAY.
SO IT WAS A GATE ON ONE SIDE OF THE BUILDING AT THE END OF THAT HALLWAY, AND THEN A GATE ON THE OPPOSITE SIDE OF THE BUILDING AT THE END OF THAT HALLWAY.
AND YOU SPOKE OF AND SO THOSE, SORRY, GO AHEAD.
I WAS GONNA ASK, YOU MENTIONED THE WOR OR YOU SAID FAMILY MEMBERS.
WERE THOSE FAMILY MEMBERS RELATED TO GUESTS AND AS OF, UH, HOTEL GUESTS OR FAMILY MEMBERS OF THE OWNER? FAMILY? MEMBERS OF THE OWNER.
AND THEN IN REGARD TO, UM, BECAUSE ON ONE INSPECTION, JUST TO FOLLOW UP ON THAT SIR, ON YOUR QUESTION, ON ONE OF THE INSPECTIONS WHEN WE WERE OUT THERE, THEY ACTUALLY HAD FAMILY MEMBERS THAT WERE THERE IN TOWN THAT THEY HAD IN SOME OF THOSE SUITES AT THAT TIME ON THAT HALLWAY THAT HAD THE GATES.
SO IT WAS BEING USED WITH AT LEAST YOUR UNDERSTANDING AND I GUESS IT COULD BE MISINTERPRETED, BUT THAT WAS WERE RESIDENTS FOR THE OWNERS, NOT FOR, UM, NOT UNITS THAT WERE RENTED OUT OR WERE USED AS HOTEL ROOMS FOR HOTEL GUESTS.
WELL, I'M NOT GONNA SAY THAT ALL OF THEM WEREN'T USED FOR HOTEL GUESTS ON THAT ROAD, BUT I KNOW THE ONES ON THE END, THEY HAD, WHEN YOU GO INSIDE OF 'EM, THEY WERE EVEN MADE DIFFERENT.
SO THEY HAD DONE SOME CONSTRUCTION WORK TO 'EM AND THEY HAD LIKE A KITCHEN AND EVERYTHING FOR LIKE A LIVING QUARTER TYPE SITUATION.
AND THEN THAT'S WHERE THEY HAD SOME OF THEIR FAMILY MEMBERS AT, AT THAT TIME.
BUT I'M NOT FOR SURE WHO ELSE THEY RENTED TO ON THAT ROAD.
AND IF I COULD PUSH A LITTLE FURTHER, HOW DID YOU KNOW THEY WERE FAMILY MEMBERS OF THE OWNER? BECAUSE THEY TOLD US UHHUH, WE HAD A CONVERSATION WITH THE, WITH THEM.
UH, MR. JEFF, DO YOU HAVE ANY QUESTIONS? I HAVE NO ADDITIONAL QUESTIONS.
MR. HAYES? NO ADDIT NO ADDITIONAL QUESTIONS.
JUST HAVE, UH, JUST A COUPLE QUICK QUESTIONS FOR YOU, DETECTIVE.
UM, HOW WOULD YOU DESCRIBE THE LIGHTING ON THE PROPERTY? UH, THE LIGHTING ON THE PROPERTY NOW IS PRETTY GOOD.
UHHUH
ARE, ARE THERE ANY DARK SPOTS THAT COULD BE POTENTIAL DANGERS? IT'S DARK ON THE BACK SIDE OF THE BUILDING, LIKE CLOSE TO WHERE THAT BACK, THAT SIDE GATE IS WHERE IT'S WOODED AT.
AND THAT'S THE SAME PLACE THAT THE, UM, GENTLEMAN EARLIER WAS SPEAKING OF WHEN THEY SAY THAT THEY SAW THE PICTURE WHERE WE TOOK THAT PICTURE OF THE GLOCK PIECE ON THE GROUND THAT WAS IN THAT SAME AREA.
SO, SO ONE LAST FOLLOW UP QUESTION, AND I KNOW THIS MIGHT BE HARD TO ANSWER.
[01:55:01]
WHERE IT'S DARK ON THE BACK OF THE BUILDING, DO A SIGNIFICANT PORTION OF THOSE CRIMES HAPPEN BACK THERE? THAT I COULDN'T SAY SIR.CUZ THE MAJORITY OF THEM ARE ATTACHED TO LIKE, UM, DIFFERENT, UH, ROOM NUMBERS AND EVERYTHING THAT I HAVE ON THE OFFENSES, SO I COULDN'T SAY, BUT I HAVE FOUND MULTIPLE, LIKE SOME BAGGIES BACK THERE, THAT PIECE OF THAT GLOCK HANDGUN BACK THERE.
SO I'M ASSUMING THAT THEY DO DO SOME THINGS IN THAT CORNER, BUT I COULDN'T REALLY JUST SAY.
SO WOULD YOU RECOMMEND THAT THEY LIGHT THAT AREA UP JUST TO FURTHER MAKE THE PROPERTY MORE HABITABLE? YES, SIR.
UM, I, I HAVE ONE QUESTION, BUT IT'S KIND OF A BIG ONE AND THAT IS, UM, YOU KNOW, A ASSUMING THAT THIS PROPERTY REMAINS IN ITS CURRENT USE, WHETHER THAT'S AN EXTENDED STATE HOTEL OR, OR WHATEVER, WHATEVER YOU THINK THE CURRENT USE IS, UM, IF IT REMAINS SUCH, DO YOU THINK THERE ARE ADDITIONAL THINGS AND WHAT ADDITIONAL THINGS SHOULD THE PROPERTY OWNER BE DOING TO AVOID, UH, BEING DESIGNATED AT UH, HABITUAL CRIMINAL PROPERTY NEXT YEAR THAT HE'S NOT CURRENTLY DOING? UM, OR DO YOU THINK THAT IT'S JUST INHERENT IN THE CURRENT USE OF THE PROPERTY? DID WE, UH, I THINK WE LOST HER.
CAN YOU ALL HEAR ME? IT FROZE UP ON MY END FOR A WHILE.
YEAH, YOU, YOU'RE, YOU'RE BACK.
DID YOU HEAR MY QUESTION? OKAY.
UM, I THINK THAT THE MAIN THING THAT WOULD HELP IS IF THEY KIND OF FOLLOWED UP WITH THEIR SECURITY TEAM THAT THEY HIRED TO MAKE SURE THAT THEY ARE ENGAGING AND THAT THEY'RE ACTUALLY BEING SEEN AND THAT THEY'RE SHOWING THEIR PRESENCE ON THE PROPERTY.
I THINK THAT THAT WILL SLOW A LOT OF THINGS DOWN AS WELL BECAUSE THE, I THINK THAT, AND TO MAKE SURE THAT THEIR SECURITY IS ON PROPERTY WHEN THEY'RE SAYING THAT THEY'RE ON PROPERTY.
LIKE THEY, THEY MIGHT NEED TO FOLLOW UP WITH THEM.
IS THAT, IS THAT THE ONLY THING THAT YOU THINK, UM, REMAINS TO BE DONE IS BETTER ON SITE SECURITY? THAT THAT AND A, UM, STRICKER MAY BE CHECK OF THE BACKGROUND WHEN PEOPLE ARE TRYING TO RENT THE ROOMS TO MAKE SURE THAT THEY'RE NOT, THEY DON'T HAVE A, YOU KNOW, A BAD HISTORY OR A BAD PAST, BUT OTHER THAN THAT I THINK THAT THEY ARE REALLY TRYING, BUT I THINK THAT THOSE THINGS NEED TO IMPROVE TO KEEP THE CRIME DOWN.
CUZ I'M VERY CONCERNED ABOUT THE CRIME AT THE PROPERTY.
AND THEN, I KNOW YOU DIDN'T ASK ME THIS QUESTION, BUT FROM THE BEGINNING OF THIS YEAR, UP UNTIL THE 14TH OF JUNE, WHICH WAS THE LAST AVAILABLE FOR THAT PROPERTY, WE'RE SITTING AT 13 AVAILABLES FOR THE YEAR.
YOU, YOU'RE SAYING SINCE THOSE LETTERS WERE SENT, YOU HAVE 13 SINCE THE LETTERS WERE SENT, IT'S ONLY BEEN SIX ADDITIONAL ONES, BUT FROM THE BEGINNING OF JANUARY UP UNTIL THE, TO JUNE NOW FOR THE YEAR, IT'S 13 AVAILABLE.
THAT WAS ONE OF THE DECISIONS ON TO RE TO MAKE 'EM A HABITUAL CRIME PROPERTY AGAIN.
BUT I WOULD LIKE TO SEE THE PROPERTY TURN AROUND AND COME OFF OF THIS DESIGNATION.
UM, THAT BRINGS US TO THE END OF THE BOARD QUESTIONING.
MR. DID WE GET A FIVE MINUTE BREAK? UH, SURE.
UH, IF THERE'S NO OBJECTION, WE WILL TAKE A FIVE MINUTE RECESS AND BE BACK AT 10 40.
[02:04:13]
UH, COULD WE GET EVERYBODY WHO'S ONLINE WHEN YOU'RE BACK, IF YOU WOULD TURN YOUR CAMERA ON PLEASE SO THAT WE KNOW THAT YOU'RE READY TO GO.THE TIME IS, UH, 10 41 AND WE ARE RETURNING FROM RECESS.
[02:05:01]
TIME FOR CLOSING STATEMENTS.SO, UH, WE'LL HEAR CLOSING STATEMENTS FROM THE APPELLANT AND THE CITY.
I'LL GIVE YOU EACH 10 MINUTES IF YOU NEED IT.
UH, AND WE WILL BEGIN WITH THE APPELLANT.
UH, WE'LL TRY TO TAKE LESS MR. CHAIR.
UM, ANY OF THIS THAT THE BOARD WOULD LIKE, UH, MR. PATEL TO, UH, COME BACK ON FOR REBUTTAL, WE'RE HAPPY TO, BUT I WAS COMMUNICATING WITH HIM DURING DETECTIVE HAYNES TESTIMONY.
UM, AND, UM, WE JUST DISAGREE WITH QUITE A BIT OF WHAT DETECTIVE HAYNES HAD TO SAY.
UM, THE BOARD HAS IN ITS PACKET REPORTS FROM SECURITY SHOWING WHEN THEY WERE THERE.
UM, MR. PATEL GETS THOSE REPORTS AND HAS A DASHBOARD HE CAN REFER TO.
THEY DOCUMENT THEIR TIME ON THE PROPERTY.
UM, I GUESS I SHOULD HAVE BROUGHT 'EM TO, TO, FOR THEM TO TELL YOU THAT THEY'VE SEEN D P D ON THE PROPERTY AND THAT THEY ARE THERE.
AND AS WE ESTABLISHED IN DETECTIVE HAYNES TESTIMONY, SHE DID NOTHING TO COMMUNICATE THAT TO THE PATELS.
IT'S NOT IN THE COURT LETTER, IT'S NOT, WHAT WE WILL TELL YOU IS THERE IS NOT ONE THING THAT THE CITY OF DALLAS HAS ASKED THE PATELS TO DO THAT THEY DIDN'T DO.
SHE TOLD YOU THAT, UH, THE OWNER HAS PUSHBACK AND GIVES ATTITUDE TO HER.
TH THIS IS ABSOLUTELY NOT TRUE.
IT WOULDN'T REALLY BE RELEVANT TO A LEGAL PROCEEDING ANYWAY, BUT THERE'S A, THERE'S A CONCERTED EFFORT BY MR. HERNANDEZ AND DETECTIVE HAYNES TO PILE ON TO THIS PROPERTY.
THE JUNE 14TH CRIME, TO WHICH THE DETECTIVE REFERRED, HAS NOT BEEN REPORTED TO THE PATELS.
THEIR EMPLOYEES HAVE NO KNOWLEDGE OF IT, OR AT LEAST HAVEN'T REPORTED IT.
UM, PATEL FAMILY MEMBERS DO NOT STAY ON THE PROPERTY EVER, UM, UNLESS MR. PATEL IS STAYING THERE OVERNIGHT WHEN THEY HAD EMPLOYEE STAFFING PROBLEMS, BUT THEY DON'T HAVE VISITING FAMILY STAYING ON THE PROPERTY.
UM, BACKGROUND CHECKS THAT DETECTIVE HAYNES HAS REFERRED TO AS A POTENTIAL INTERVENTION ARE NOT LEGAL.
UM, HOTELS ARE ALSO GOVERNED BY THE FAIR HOUSING ACT.
UM, AND EXTENSIVE QUESTIONING OF GUESTS IS DEFINITELY A POTENTIAL LIABILITY.
I WOULD STRONGLY ADVISE MY HOTEL CLIENTS NOT TO DO SUCH BACKGROUND CHECKING BECAUSE IT'S VERY, IT, IT, IT RAISES A SIGNIFICANT DANGER OF A DISCRIMINATION COMPLAINT.
UH, AGAIN, NOTHING ABOUT THE SECURITY PROBLEMS WAS EVER COMMUNICATED.
UM, THE PROPERTY HAS ONCE A MONTH PEST CONTROL, AND THE PATELS HAVE NO KNOWLEDGE OF ANY COMPLAINTS OF RODENTS.
WHAT'S THE POINT OF BRINGING THAT UP? TODAY? THE PROPERTY HAS 36 CAMERAS.
NONE OF THEM HAVE BEEN NOT OPERATIONAL IN THE LAST YEAR.
THE EMPLOYEES LAST YEAR IN THE ACCORD MEETING, D P D SPECIFICALLY ASKED TO HAVE THE EMPLOYEES TRAINED ON BEING ABLE TO ACCESS THE FOOTAGE WHEN OFFICERS WANT IT.
ALL THE EMPLOYEES HAVE RECEIVED THAT TRAINING.
THERE HAS NOT BEEN A TIME IN THE LAST YEAR WHEN A D P D PERSONNEL HAS BEEN ON THE PROPERTY, ASKED FOR SECURITY FOOTAGE AND WAS UNABLE TO SEE IT.
THERE'S NOT BEEN A TIME WHEN D P D HAS BEEN ON THE PROPERTY AND WANTED TO SEE A VIEW FROM A CAMERA THAT WAS OBSCURED BY OVER SPRAY.
AND I THINK THAT MS. TORRES RAISED A VERY GOOD POINT.
THE PROVISION WE'RE HERE ON TODAY IS A STATE LAW PROVISION THAT WAS PASSED IN THE EIGHTIES.
I BELIEVE IT TAKES AS ITS BASIS THE IDEA THAT A BUSINESS OWNER HAS THE ABILITY TO CONTROL CRIME ON HIS OR HER PROPERTY.
IT WAS ORIGINALLY ONLY APPLICABLE TO APARTMENTS
[02:10:01]
WHERE MAYBE YOU COULD MAKE MORE OF A CASE.APARTMENTS ARE ALLOWED TO DO EXTENSIVE BACKGROUND CHECKS ON TENANTS.
MAYBE THEY ARE ABLE TO BETTER CONTROL WHAT HAPPENS ON THE PROPERTY.
BUT THE BASIC PROBLEM IS THE ONE THAT MS. TORRES IDENTIFIED.
THIS IS A MASSIVELY UNDER INVESTED AREA OF THE CITY.
IF YOU WANNA KNOW WHAT THE PROBLEM IS, I BELIEVE SOMEBODY ASKED WHAT THE PROBLEM WAS, AND I THINK DETECTIVE HAYNES SAID IT'S THE PEOPLE THAT ARE ALLOWED TO STAY ON THE PROPERTY.
I WOULD DISPUTE THAT, I WOULD SAY THAT THE PROBLEM IS THAT OUR CITY, FOR A VARIETY OF REASONS, HAS MADE THIS NEIGHBORHOOD POOR.
THAT IS NOT THE FAULT OF THE PATELS
UM, THE PATELS ARE ESSENTIALLY PROVIDING, UH, A TYPE OF HOUSING THAT THE CITY IS SIMPLY UNWILLING TO PROVIDE.
UM, WE ARE VERY OFFENDED, HONESTLY, THAT D P D DOESN'T ACKNOWLEDGE, UM, THE COOPERATION THAT THE PATELS HAVE ENGAGED IN.
UM, AT THIS POINT, YOU'VE GOT, YOU'RE CREATING A REAL, UH, DILEMMA.
IF YOU MAINTAIN THE HABITUAL CRIMINAL NUISANCE DESIGNATION, THE PATELS WILL HAVE FEWER RESOURCES TO REMEDY THE THINGS THAT DETECTIVE HAYNES WOULD APPARENTLY LIKE THEM TO REMEDY, BUT HASN'T BOTHERED TO MENTION.
UH, THE PRESENTATION FROM D P D IS FULL OF REPORTS OF THINGS THAT EITHER CAN'T BE ARRESTED, AREN'T CRIMES, CAN'T POSSIBLY BE ABATED BY THE PATELS.
UM, I KNOW THAT WE'RE DEALING WITH A STATE LAW THAT SAYS THAT THEY ARE DEBATABLE AND NONE OF US HAVE THE ABILITY TO GO DOWN AND ARGUE WITH THE LEGISLATURE ABOUT THAT.
BUT I THINK THIS IS THE POINT OF THE P LAB APPEAL PROCESS IS THAT THIS IS A PROPERTY THAT IS DOING EVERYTHING IT CAN TO ABATE CRIME.
UM, THERE ARE THINGS THAT IT SIMPLY CANNOT DO, AND IT HAS NOT RECEIVED THE LEVEL OF HELP FROM D P D THAT HAS BEEN ALLEGED, UH, HERE TODAY.
UH, SO WHAT WE WOULD VERY MUCH LIKE IS FOR P LAB TO GIVE THE PATELS A NEW LEASE ON LIFE.
IF, IF IN THE NE IN THE COURSE, IF, IF MS, IF DETECTIVE HAYNES IS CORRECT, THAT THERE HAVE BEEN 13 AAT OFFENSES IN 2023, WE DON'T AGREE WITH THAT.
WE ACTUALLY DON'T THINK THAT'S TRUE AT ALL.
WE WILL BE RIGHT BACK WITH D P D IN MARCH OF NEXT YEAR WHEN, WHEN THE NEXT YEAR'S CRIME NUMBERS COME DUE, AND THEY CAN SEND US ANOTHER ACCORD LETTER AND WE WILL RESPOND TO IT AS QUICKLY AND AS FULLY AS WE POSSIBLY CAN.
UM, AND THEY, IF WE HAVE NOT DONE A GOOD JOB, THEY'RE FREE TO DESIGNATE US AGAIN.
BUT THEY DESIGNATED US LAST YEAR.
WE DID LITERALLY EVERYTHING THEY ASKED US TO DO.
AND CRIME GOT A LOT BETTER ON THE PROPERTY.
AND YOU CAN SEE THAT IN THEIR OWN LETTERS.
THEY'RE TRYING TO TELL YOU TODAY THAT THERE'S A LOT OF STUFF THEY DIDN'T PUT IN THE LETTER.
THEY PUT POSSESSION MARIJUANA UNDER TWO OUNCES.
THEY'RE THROWING IN THE KITCHEN SINK, ESSENTIALLY, UH, REGARDLESS OF HOW THEY WOULD LIKE TO CHARACTERIZE WHAT THEY'VE DONE TODAY.
UM, SO WE WOULD VERY MUCH APPRECIATE THE BOARD'S DISCRETION IN THIS CASE.
UM, WE'RE, WE'RE, WE'RE TRYING TO DO THE BEST WE CAN.
WE'RE TRYING TO RESPOND TO THEM WITH EVERYTHING THAT THEY ASK FOR.
AND WE WILL DO THAT NO MATTER WHAT YOU ALL DO TODAY OVER THE COURSE OF THE NEXT YEAR, A HUNDRED PERCENT THAT WILL BE DONE.
UH, Y YOU KNOW, WE, WE HAVE HEARD THE BOARD'S CONCERNS AND THOSE WILL BE ABSOLUTELY TAKEN TO HEART.
THIS IS A FAMILY BUSINESS AND WE WILL ABSOLUTELY DO WHAT'S NECESSARY TO DEFEND THIS BUSINESS AND MAKE IT OPERATE IN A WAY THAT IS HARMONIOUS WITH THE CITY.
UM, BUT THAT'S WHAT WE'VE BEEN DOING FOR THE LAST YEAR, AND WE JUST NEED A LITTLE BIT OF HELP TO DO IT AGAIN THIS NEXT YEAR.
AND, UH, THAT WAS PERFECT ON THE TIME, MR.
[02:15:01]
YOU, OH, OKAY.MY ONLY SPEAKING PART, WE GOT 10 MINUTES.
MEMBERS OF THE BOARD, UM, WELL SEEN AS HOW THE NUMBER OF ABATES IS REALLY NOT THE QUESTION BEFORE THE COURT, UH, SEEN AS HOW THAT ISSUE HAS BEEN, UM, STIPULATED TO.
THERE'S NO QUESTION THAT THE CRIME IS THERE.
THE REAL QUESTION BEFORE THE BOARD AND WHAT MR. PATEL WOULD HAVE YOU ASK YOURSELF IS WHETHER OR NOT THIS PORCH SHOULD FEEL SYMPATHETIC FOR MR. PATEL'S EFFORTS, UH, WHETHER OR NOT HE HAS DONE ENOUGH TO REASONABLY REDUCE CRIME ON THE PROPERTY.
UH, IT'S CERTAINLY NOT THE CITY'S INTENT TO PAINT MR. PATEL AL TO BE A BAD GUY.
UM, HE'S NOT, NO ONE IN THIS ROOM WOULD THINK THAT HE IS.
HE'S TRYING TO MAKE A BUSINESS WORK IN A HARD PART OF TOWN.
BUT WHAT HE'S SOON GONNA REALIZE IS MAKING THAT WORK, ESPECIALLY CONSIDERING IT IS A SENTIMENTAL VALUE, IF IT'S SOMETHING THAT YOU WANT TO KEEP AND MAKE PROSPEROUS, IT'S GOING TO TAKE BUSINESS INVESTMENT.
AND ON THAT FRONT, MR. PATEL IS NOT DOING HIS BEST.
UH, HE HAS SAYS HE HAS SECURITY.
HE TELLS US THAT HE'S DOING EVERYTHING.
D P D ASKS, D P D ASKS FOR SECURITY.
AND SO HE SAYS HE HAS SECURITY.
THERE WAS SOME QUESTION ABOUT WHEN EXACTLY THEY WERE ON DUTY, BUT I THINK WE CLARIFIED THAT FROM 10:00 PM TO 6:00 AM SIX DAYS A WEEK, HE HAS, UH, SECURITY ON SITE PROTECTING THE PREMISES.
BUT OF COURSE, HE ALSO SAYS THAT IN HIS WORDS, LIFE HAPPENS.
SOMETIMES SECURITY SHOWS UP, SOMETIMES THEY DON'T.
THEY'RE CONTRACTED TO WORK 60 HOURS A WEEK, BUT APPARENTLY HE'S OKAY IF THEY WORK HALF THAT TIME.
SOMETIMES, UH, THAT ALONE DOESN'T SEEM REASONABLE.
AND AT LEAST ONE OCCASION, MR. PATEL FELT ALARMED ENOUGH TO CALL POLICE ON A NIGHT WHEN SECURITY WAS SUPPOSED TO BE THERE.
BUT THEN MR. PATEL WANTS TO COMPLAIN ABOUT DPDS SLOW RESPONSE TIME TO HIS EMERGENCY.
ALL OF THIS SHOULD MAKE MR. PATEL WONDER, DO I REALLY HAVE ENOUGH SECURITY? AM I, ARE MY ACTIONS REALLY SPEAKING LOUDER THAN MY WORDS? AND IF SO, WHAT DO THEY, WHAT DO THEY SAY? MR. PATEL WOULD HAVE THIS BOARD CONCENTRATE ON THE NATURE OF THE CRIMES, BECAUSE AFTER ALL, SOME CRIMES DON'T MATTER.
THAT SEEMS TO BE THE ARGUMENT.
UH, BUT WHETHER A CRIME WILL OR WILL NOT BE PROSECUTED SOME DATE IN THE FUTURE IS NOT THE RELEVANT QUESTION.
THAT'S CERTAINLY NOT THE QUESTION THAT MR. PATEL WAS ASKING HIMSELF WHEN HE CALLED POLICE TO REPORT A TRESPASSER.
HE WAS LIKELY THINKING, HOW SOON CAN THEY RESPOND, GET HERE AND ARREST THIS PERSON FOR CRIMINALLY TRESPASSING ON MY PROPERTY.
WHERE WAS SECURITY WITH SECURITY HAVE HELPED THAT SITUATION? COULD, COULD SECURITY HAVE BEEN A MEDIATOR BETWEEN A WOULD BE CRIMINAL TRESPASS, TRESPASSER AND HAVING TO FORCE D P D TO RESPOND TO A PROPERTY, TO TELL SOMEONE TO GET OFF AND THEN EXPLAIN TO THE OWNER HOW IT'S HIS RESPONSIBILITY TO SECURE HIS PROPERTY.
SO, ALTHOUGH TODAY HIS POSITION IS IT'S JUST A CT, WHO CARES? THAT WASN'T MR. PATEL'S POSITION WHEN HE CALLED 9 1 1, THE NUMBER YOU CALLED TO REPORT EMERGENCIES.
THE CITY ISN'T ASKING MR. PATEL TO DO EVERYTHING IN HIS POWER TO PREVENT CRIME AT THE MOTEL.
THE CITY JUST WANTS HIM TO, TO BE REASONABLE IN HIS DUTY, TO PREVENT CRIME WHEN ABLE, I HOPE THE EVIDENCE TODAY SHOWS THAT D P D IS DOING ITS VERY BEST TO PROTECT OUR NEIGHBORHOODS, OUR COMMUNITIES.
UM, BUT LET'S FACE IT, OUR MEN AND WOMEN IN UNIFORM, THEY'RE STRETCHED THIN.
AND WHAT THE CITY ASKS IN RETURN IS FOR ABLE BUSINESSES TO PUT UP THE CAPITOL, TO HELP PREVENT CRIMES AND MAKE OUR NEIGHBORHOODS SAFER.
AND YES, HE'S DONE SOME MS. HAYNES, SHE KNOWS THAT THERE HAVE BEEN SOME IMPROVEMENTS, BUT ARE WE THERE YET? NO, THE AVAILABLES ARE STILL THERE.
THEY WANNA BE REWARDED FOR, FOR GETTING HALFWAY TO THE FINISH LINE AND THE CITY ASK THAT YOU NOT ALLOW THAT TO HAPPEN.
THAT, UH, CONCLUDES THE PARTY'S PRESENTATIONS.
AND AT THIS TIME, IS THERE A MOTION REGARDING THE NOTICE OF FINAL
[02:20:01]
DETERMINATION OF A HABITUAL CRIMINAL PROPERTY FOR ROYAL IN AND SUITES? CHE, I HAVE A POINT OF ORDER.I WANTED TO ASK, UM, IF I COULD, OUR CITY ATTORNEYS OR A QUESTION ABOUT WHAT WE COULD RECOMMEND.
I THEN, WE'VE ASKED THIS BEFORE.
DO YOU MIND IF I ASK A QUESTION? GO AHEAD.
IS IT POSSIBLE TO HAVE A SOLUTION THAT IS LIKE ON A ROLLING QUARTERLY, LIKE EVERY THREE MONTHS THAT THEY WOULD CHECK IN AND POSSIBLY BE, HAVE THE, THE SIGN REMOVED OR THAT PARTICULAR DESIGNATION REMOVED? I DON'T, WE'VE ASKED THIS LIKE EARLY ON WHEN WE WERE ABOARD, LIKE THREE YEARS AGO OR TWO YEARS AGO.
I DON'T KNOW WHAT THE ANSWER WAS OR IF WE ACTUALLY GOT AN ANSWER.
UH, UNFORTUNATELY, I DON'T REALLY SEE THAT AS A POSSIBILITY FOR YOU GUYS.
SO THERE, UH, WHAT, WHAT YOU'RE ASKING, UH, TO LOOK AT TODAY IS WHETHER THE PRESUMPTIONS OF SECTION 27 48 HAVE BEEN MET.
UH, IF THEY, YOU KNOW, IF YOU FIND THAT THEY HAVE BEEN MET, UH, THEN YOU NEED TO UPHOLD THE DECISION OF THE CHIEF.
IF YOU FIND THAT THEY HAVE NOT, THEN REVERSE.
THAT'S PRETTY MUCH WHAT YOU GUYS ARE LIMITED TO TODAY.
UH, SO, UM, IS THERE A MOTION FROM THE BOARD REGARDING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY, UH, EITHER TO AFFIRM THE DECISION OR TO REVERSE THE DECISION BY THE CHIEF? NO ONE WANTS TO MAKE A MOTION ONE WAY OR THE OTHER.
MR. HAYES? MR. HAYES, DO YOU HAVE A MOTION? YEAH, WE'VE GOTTA HAVE A MOTION OR WE CAN, CAN'T GET OUTTA HERE.
SO WE NEED TO MAKE A DETERMINATION.
UM, I WOULD MOVE THAT WE OVERTURN THE CHIEF'S DE UH, DESIGNATION AS A HABITUAL CRIMINAL PROPERTY.
AND AND WE'VE GOT WHAT, A ONE YEAR PROVISION THAT WE, THAT THAT PERTAINS.
AND WAS YOUR MOTION TO AFFIRM OR TO REVERSE? TO REVERSE.
UH, MR. HAYES MOVES THAT WE REVERSE THE DECISION OF THE CHIEF OF POLICE TO, UH, FINALLY DESIGNATE THE ROYAL LAND AND SUITES AS A HABITUAL CRIMINAL PROPERTY.
IS THERE A SECOND? SECOND? I'M SORRY.
WHO SAID THAT? I MISSED IT? STEVEN.
MR. HAYES, WOULD YOU LIKE TO, UH, SPEAK IN FAVOR OF YOUR MOTION? YEAH, I, UH, RIGHT UNTIL THE LAST SECOND I WAS UNDECIDED, WHICH WAY TO WORD THE MOTION CUZ I AM SO MUCH ON THE FENCE, BUT IN SUPPORT OF MY OWN MOTION.
TO ME, THE WHOLE ISSUE BOILS DOWN TO, IN OUR OWN MINDS, HOW DO WE DEFINE REASONABLE.
I DON'T THINK THERE'S ANY QUESTION THAT MR. PATEL AND ANYBODY ELSE THAT'S ASSOCIATED WITH, THEY CERTAINLY HAVEN'T DONE EVERYTHING THEY COULD TO, UM, HELP MEDIATE THE CRIME SITUATION ON THEIR PROPERTY.
UM, BUT I MOVED TO OVERTURN BASICALLY TO GIVE HIM A SHOT.
IF I WERE SITTING IN MR. PATEL'S CHAIR RIGHT NOW, WITHIN THREE MINUTES OF LEAVING THIS HEARING, I WOULD BE ON THE PHONE WITH MY SECURITY COMPANY.
CUZ IT'S NOT JUST A MATTER OF WHAT HOURS THEY ARE PRESENT, WHICH COULD PROBABLY STILL BE FINE TUNED TO MAKE THEM MORE RANDOM.
UH, BUT WHAT THE HECK THEY DO WHILE THEY'RE THERE.
AND WHILE THEY HAVE TAKEN SOME PHOTOGRAPHS SHOWING THE SECURITY PEOPLE ON FOOT PATROLLING IN THE HALLWAYS, UM, I'M NOT TOTALLY CONVINCED THAT THEY'RE, THEY'RE GETTING THE FULL BANG FOR THEIR BUCK OUT OF THE SECURITY COMPANY.
AND THERE'S A COUPLE OTHER THINGS THEY COULD LOOK AT TOO, LIKE THE GATE ISSUE AND THE LIGHTING IN THAT ONE BACK AREA AS WELL.
AND MR. PATEL BEING A BUSINESSMAN KNOWS THAT TO IMPROVE THE SAFETY AND SECURITY OF HIS PROPERTY IS HIS, IS IN HIS BENEFIT.
UM, ATTORNEY HERNANDEZ AND HIS OPENING REMARKS MADE A QUOTE THAT I WROTE DOWN A COUPLE WORDS OUT OF, BUT HE BASICALLY SAID, ROOT CAUSES AND A LOT OF THE ROOT CAUSES OF THE CRIME THAT OCCUR AT THIS PROPERTY ARE ABOVE AND BEYOND MR. PATEL'S ABILITY TO CONTROL, UH, THE FACT THAT IT IS AN ECONOMICALLY DISADVANTAGED AREA AND THE NATURE
[02:25:01]
OF THE PROPERTY ITSELF IS GOING TO APPEAL BECAUSE OF THE LOWER ROOM CHARGES, UM, TO AN ECONOMICALLY DEV, UH, DISADVANTAGED CLIENTELE.AND ALSO THE D P D, DESPITE THE BEST EFFORTS OF THOSE PEOPLE WHO WORK FOR IT, IS ADMITTEDLY EXTREMELY UNDERSTAFFED.
AND THAT CERTAINLY IS NOT HELPING THE SITUATION EITHER.
SO I I, I GIVE THEM A LITTLE LENIENCY BASED ON THAT.
AND I DO SU I DO APPLAUD THE D P D FOR THE HOTSPOT DESIGNATION AND THE OCCASIONAL VISITS THAT HAVE BEEN MADE UNDER THAT DESIGNATION.
BUT IF WE HAD MORE OFFICERS WITH THE D P D COULD DO MORE, CUZ THIS IS GONNA BE A MAGNET DESPITE ANY EFFORTS OF MR. PATEL.
SO ON ABOUT A 51 TO 49% IN MY OWN MIND BASIS, I WILL SUPPORT MY OWN MOTION.
THANK YOU MR. HAYES FOR THAT, UH, RAVING SUPPORT OF YOUR OWN MOTION
HERE ARE THE QUESTIONS AND I WANNA MAKE THEM OPEN TO MR. PATEL TO HEAR THEM.
UM, MY CONCERN IS, IN SPEAKING AGAINST IT, OR AT LEAST IS THAT THERE'S FOUR TO $500,000 WORTH OF IMPROVEMENTS THAT WERE DONE SINCE 2019.
AND WHAT I'M MISSING BE, AS WE'VE SAT ON THIS BOARD FOR A FEW YEARS, IS THE IDEA THAT, AND WHAT I ASKED WAS THAT, AND, AND I UNDERSTAND THERE'S BUSINESS DECISIONS TO BE MADE AND HOW THINGS ARE HANDLED ROOMS FIRST, THEN EXTERIOR, THEN SAFETY.
HOWEVER, WHAT I, WHAT I DIDN'T KNOW AND I WASN'T CLEAR TO ME WAS THAT THERE ARE TWO TYPES OF GATES AND AS FAR AS I UNDERSTAND, AND I DID NOT HEAR YOUR ATTORNEY REFERENCE THAT THE GATES THAT, UM, OFFICER OR DETECTIVE HAYNES WAS REFERRING TO WERE ACTUALLY INTERIOR BUILDING GATES AND LOCKING THEM IN PADLOCK 'EM.
I WAS FOCUSED ON THE FACT OF WHY AN EXTERIOR GATE WAS REMOVED, WHICH IT SOUNDS LIKE THAT WAS NOT THE CASE.
SO IN THAT CLARIFICATION, I'M STILL CURIOUS OF WHY FOUR TO $500,000 THAT WAS AVAILABLE, WHY THE GATE IS INOPERABLE OUTSIDE THE EXTERIOR TO EXCLUDE PEOPLE OR TO HINDER PEOPLE FROM ENTERING THE PREMISES, UH, FREELY.
AND IN REGARD TO THE PHOTOS THAT I LOOKED AT, AND AS I UNDERSTAND AT LEAST WERE PHOTOS OF 2023, THERE'S A CHAIN LINK FENCE THAT IS, THAT AT LEAST IN THAT PHOTO WAS TAKEN, WAS CUT APART AND LOOKED LIKE IT'D BEEN SITTING FOR A WHILE.
UM, BECAUSE IT DEMONSTRATED SOME RUST, WHICH MEANS IT WASN'T JUST CUT AND THEN A PHOTO WAS TAKEN 24 HOURS LATER.
AND WHY THERE WOULD BE A CHAIN LINK FENCE AROUND THERE, AT LEAST, AGAIN, SITTING ON THIS BOARD FOR A FEW YEARS, WE WE'RE VERY AWARE THAT CHAIN LINK FENCES ARE THE LEAST PROTECTIVE FENCING THAT IS USUALLY PUT UP JUST TO SHOW, HEY, I GOT FENCING UP.
WHEN IN REALITY, AGAIN, WHEN I'M AWARE THAT THERE WAS THE AMOUNT OF MONEY AND CAPITAL AVAILABLE, WHY THOSE THINGS WERE NOT TAKEN CARE OF.
CUZ THAT WOULD'VE AT LEAST DEMONSTRATED A, THAT WOULD'VE TAKEN ANY KIND OF QUESTION ON MY MIND AND I PROBABLY WOULD BE, HAVE MADE THE MOTION TO REVERSE THE, UM, CHIEF OF POLICE'S DECISION.
I STILL, I GUESS I'M 51 40 9% IN REGARD TO, UM, OPPOSED TO THE MOTION CURRENTLY IN FRONT OF US AS THE BOARD.
AND IN REGARD TO, WELL, I UNDERSTAND AND AND APPRECIATE WHAT YOUR ATTORNEY HAD BROUGHT UP IN REGARD TO UM, AFFORDABLE HOUSING ACT.
AND AS WELL AS YOU ARE DIFFERENT THAN AN APARTMENT COMPLEX, IT APPEARS THAT AT LEAST YOUR BUSINESS MODEL DEMONSTRATES THAT YOU'RE TRYING TO GET A LITTLE BIT OF THAT REVENUE, WHICH ARE EXTENDED STAYS, WHETHER THAT BE 5, 6, 7, 2 WEEKS.
IT, IT, IF YOU'RE GOING TO TRY TO OPERATE THAT, AND I UNDERSTAND THERE MAY BE A NEED FOR THAT IN THE AREA, WHICH THEN ELEVATES YOUR BUSINESS MODEL TO DEMONSTRATE HOW TO DO BETTER.
UM, AND SO THOSE ARE THE REASONS WHY I SPEAK AGAINST THE MOTION.
UM, AGAIN, I'M LOOKING FORWARD TO HEARING WHAT OTHER BOARD MEMBERS HAVE TO SAY, BUT I JUST WANTED TO LET THAT BE OPEN, UH, TO YOU AND SPEAK THAT OUT TO YOU CUZ YOU SEEM TO BE, AND I ASSUME IT, I'M ASSUMING FROM YOUR PRESENCE AND WHAT YOU'VE DEMONSTRATED IN YOUR FAMILY AND KNOWING YOUR ATTORNEY THAT THERE IS A EARNEST EFFORT IN TRYING TO IMPROVE UPON THIS, UH, THIS PROPERTY.
[02:30:01]
IF IT DOES HAVE THAT SENTIMENTALITY, THEN I WOULD HOPE THAT YOU'D PUT THAT TOWARDS THE SAFETY END, AT LEAST THE POINT THAT I BROUGHT UP.UH, IS THERE ANY MEMBER WHO WOULD LIKE TO SPEAK ON THE MOTION NEITHER FOR OR AGAINST? I WOULD, SIR.
UM, SO I DON'T NEED TO BELABOR THIS 0.1 WAY OR THE OTHER, BUT, UM, AND I'M SPEAKING AGAINST THIS MOTION, UM, THE, THE APPELLANT MADE THE ARGUMENT THAT THE CITY HAS MADE THIS AREA POOR AND INVESTORS WILL NEVER GO NEAR PROPERTIES IN BAD NEIGHBORHOODS BECAUSE OF THE INHERENT CRIME AND ALL THAT.
SO IT'S KIND OF THE CHICKEN AND THE EGG THEORY, SO TO SPEAK, YOU KNOW, WHICH CAME FIRST.
AND SO, AND I CAN APPRECIATE THAT THE APPELLANT IS REALLY TRYING HARD TO MAKE THE PROPERTY BETTER.
I, I TOTALLY UNDERSTAND AND APPRECIATE IT.
BUT FROM JANUARY TO NOW, THERE'S, YOU KNOW, 13 AVAILABLE OFFENSES, AND FROM THE LETTER OF THE LAW, FIVE OR MORE IS WHERE WE, WHERE WE CUT THE LINE OFF.
SO IT'S ALMOST THREE TIMES AS MANY, UM, HAVING FRONT GATES WIDE OPEN.
AND DETECTIVE HAYNES SAID THAT IT, THIS WOULD BE A HUGE DETERRENT.
SO WHILE THEY WERE SPENDING ALL THIS MONEY TO FIX THE PLACE UP, WHY NOT THAT GATE? WHY NOT CLOSE THE FLOOD GATE ITSELF? SO I THINK THERE'S STILL QUITE A BIT MORE THEY CAN DO TO MAKE THIS PROPERTY A MUCH BETTER, SAFER PROPERTY.
UM, HAVE THEY DONE EVERYTHING THEY CAN DO AS THEY SAY, NO, THEY HAVEN'T, BUT THEY'VE MADE A REAL GOOD STRIDE.
I STILL THINK AT THIS POINT IN TIME, THIS PROPERTY NEEDS TO STAY WITH THE DESIGNATION.
UH, IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK IN FAVOR OF THE MOTION? I, I WOULD LIKE TO SPEAK IN FAVOR OF THE MOTION CHAIR AND I'M KIND OF PROCEED.
YOU KNOW, IT'S, IT'S, IT'S DIFFICULT.
UM, I'M GLAD WE'RE, I GUESS I WISH THERE WAS ALSO SOME TIME TO JUST DISCUSS WITHOUT PUTTING MOTIONS.
BUT NOW THAT WE'RE HERE, I THINK THAT I AM IN FAVOR OF THE MOTION JUST TO GIVE A SECOND OPPORTUNITY, UM, TO THIS LOCATION TO KIND OF, YOU KNOW, BRING FORTH SOME MORE CONCERTED EFFORTS.
THEY ARE SOME ITEMS THAT CAN BE, YOU KNOW, PERFECTED, YOU KNOW, AND HOPEFULLY WE WON'T HAVE TO DO THIS AGAIN, BUT DO HAVE A YEAR.
SO I'M JUST KIND OF HOPING THAT THAT WILL CHANGE.
UM, SO YEAH, I'M GONNA KEEP IT VERY BRIEF AND JUST, THAT'S KIND OF WHAT I HAVE IN FAVOR OF THE MOTION.
UH, IS THERE ANYBODY ELSE WHO'D LIKE TO SPEAK AGAINST THE MOTION OR JUST ON THE MOTION? I, I'LL, I'LL BRIEFLY SPEAK AGAINST THE MOTION.
UM, AND AGAIN, UH, LIKE IT SEEMS, MOST OF THE OTHER MEMBERS, I'M ABOUT 51 49.
AND, UM, IN, IN CONTRAST TO WHAT THE APPELLANT'S COUNSEL SAID AT THE BEGINNING, AND I'M NOT SURE IF HE WAS BEING FACETIOUS, UM, THIS IS FAR FROM A SIMPLE CASE AND ONE OF THE REASONS WHAT I'M STRUGGLING WITH IS ONE OF THE REASONS WHY THIS IS NOT A SIMPLE CASE, UM, AND I'VE SAID THIS BEFORE, IS THAT WE'RE DEALING WITH A, WHAT IS, IN MY OPINION, A FAIRLY POORLY WRITTEN ORDINANCE.
UM, AND, UH, MAYBE SOMEBODY FROM THE CITY COUNCIL IS LISTENING OR MAYBE SOMEBODY FROM THE CITY ATTORNEY'S OFFICE, UH, CAN BRING THAT UP WITH COUNCIL.
BUT WE ARE LIMITED TO DETERMINING WHETHER THE PRESUMPTIONS IN 27 48 ARE MET.
AND THERE'S TWO THAT ARE RELEVANT TO THIS CASE, WHICH IS WHETHER THE PROPERTY IS PRESUMED TO BE A HABITUAL CRIMINAL PROPERTY.
AND I BELIEVE IT'S UNDISPUTED THAT IT IS, UM, BECAUSE THAT IS ONLY BASED ON COUNTING AATE CRIMINAL ACTIVITIES AND IN THE PAST YEAR AND HISTORICAL CRIMINAL ACTIVITIES.
AND IT SEEMS TO BE STIPULATED TO THAT WE HAVE REACHED THE NUMERICAL LIMIT THERE.
THE SECOND PRESUMPTION IS WHETHER THE OWNER HAS KNOWINGLY TOLERATED THE ABA CRIMINAL ACTIVITY AND, UM, BY FAILING TO TAKE REASONABLE STEPS TO ABATE IT.
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IS BROAD, INCLUDING, BUT NOT LIMITED TO.UM, IN THIS CASE, IT, IT SEEMS TO ALSO BE UNDISPUTED THAT THE PROPERTY OWNER HAS TAKEN SOME STEPS TO ATTEMPT TO ABATE THE PROPERTY, UH, TO ABATE THE CRIMINAL ACTIVITY.
AND THE QUESTION IS, UM, WHETHER HE'S TAKEN REASONABLE STEPS AND, AND THAT'S WHY THIS IS A VERY DIFFICULT QUESTION FOR ME.
UM, TWO THINGS THAT, UH, OR I GUESS THREE THINGS ACTUALLY THAT SORT OF SHIFT ME INTO THE 51% AGAINST OVERTURNING THE CHIEF'S DECISION ARE, UM, WHAT, WHAT MR. CCHI JUST POINTED OUT THAT, YOU KNOW, THE PROPERTY OWNER DOES FEEL THE NEED TO HAVE LOCKED GATES, UH, IN ON THE INTERIOR PROTECTING IT, IT MAY OR MAY NOT BE FAMILY MEMBERS, BUT SOMEBODY WHO IS RESIDING THERE, UM, PERHAPS MANAGERS OR EMPLOYEES, UH, FROM THE OUTSIDE WORLD AND, AND PRESUMABLY THE TENANTS, UM, OR GUESSED.
AND THEN ALSO IN READING THE SUMMARIES AND THE POLICE REPORTS, THAT THERE DOES SEEM TO BE A LARGE AMOUNT OF CRIME HAPPENING AT THE PROPERTY THAT IS NOT JUST THESE ABATE OFFENSES.
SO IT, IT'S NOT, YOU KNOW, THE, THE, THE FIVE OR SIX OR 13, HOWEVER MANY IT IS, ABATE CRIMINAL OFFENSES ARE SORT OF THE, THE TIP OF THE ICEBERG, SO TO SPEAK.
AND I THINK THAT THAT REALLY IS THE INTENTION OF, OF THE CODE.
AND WHAT WE'VE HEARD IN THE PAST AND WHAT WE'VE DISCUSSED AS A BOARD IN THE PAST IS THAT IT SEEMS THAT WHAT THIS PRESUMPTION, WHAT THIS, THIS TOLERATION PRESUMPTION IS REALLY GETTING AT IS WHETHER THE PROPERTY OWNER OPERATES THE TYPE OF PROPERTY AND BUSINESS THAT IS, UM, HOSPITABLE TO THIS SORT OF CRIMINAL ACTIVITY.
AND WHEN I LOOK AT THE POLICE REPORTS WHERE THERE'S LIKE, YES, THERE WAS AN ARREST FOR, YOU KNOW, POSSESSION OF A CONTROLLED SUBSTANCE, BUT THE CALL OUT WAS ACTUALLY BECAUSE SOMEBODY WAS DISASSEMBLING A STOLEN VEHICLE IN THE PARKING LOT.
UM, THAT KIND OF THING SORT OF INDICATES TO ME THAT THERE IS, UH, SOME DEGREE OF TOLERATION BECAUSE YOU DON'T GO TO A PARKING LOT TO DISASSEMBLE A STOLEN VEHICLE UNLESS YOU HAVE SOME REASON TO BELIEVE THAT THAT'S THE KIND OF PLACE WHERE YOU'RE NOT GONNA GET THE COPS CALLED ON YOU FOR THAT.
SO, UH, THAT, THAT PUTS ME IN THE 51%, UH, AGAINST, UH, THE THIRD THING IS THAT WE ARE GONNA BE HERE AGAIN NEXT YEAR, IT SEEMS LIKE, UM, I WOULDN'T RAISE THAT, BUT THE APPELLANT RAISED THAT.
UM, AND YOU KNOW, IT, IT SEEMS LIKE EITHER WAY WE'RE GONNA BE HERE AGAIN NEXT YEAR AND I REALLY WOULD LIKE TO BE, YOU KNOW, NOT 51% ON THE OTHER SIDE NEXT YEAR, BUT A HUNDRED PERCENT ON THE OTHER SIDE NEXT YEAR.
UH, IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK FOR THE MOTION TO OVERTURN THE POLICE CHIEF'S DECISION? OKAY, IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? I WILL SPEAK, AND I'LL KEEP IT SHORT.
I'M AGAINST THE, BECAUSE THERE'S SOME, ONE OF MY OTHER FELLOW BOARD MEMBER STATED THAT IT'S AN OPEN GATE.
THERE IS NO GATE THERE, IT'S JUST LEFT OPEN.
AND TO ME, UM, THE OFFICER STATED THAT, UH, SHE SAID THAT IT WAS OUTLINED THE REMEDIES FOR THAT SHE HAD PUT IN THE, THE BINDER TO HELP THEM RECTIFY THE ISSUES, BUT I DID NOT SEE THAT.
AND WHAT I SAW AS FAR AS THE CRIMES, UH, LIST OF CRIMES HAPPENING WHERE CRIMES AGAINST A PERSON VERSUS THE PROPERTY ITSELF, WHICH TO ME MEANS THAT THEY'RE GONNA HAVE TO HAVE MORE POLICE INVOLVED IN, UM, IN, IN, IN, IN THAT SITUATION WHEN YOU HAVE CRIMES, IN MY OPINION, YOU HAVE CRIMES AGAINST PEOPLE THAT'S ALMOST OUT OF THEIR HANDS WHERE YOU'RE GONNA NEED MORE POLICE INVOLVEMENT.
SO I FEEL LIKE THAT, UM, THE POLICE IS GONNA HAVE TO STEP IT UP.
UM, BUT AT THE SAME TIME, UM, I DON'T THINK THAT THAT,
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UM, I SH I DO NOT THINK THAT WHAT THE CHIEF, UH, SHOULD BE REVERSED.I DON'T THINK AT THIS TIME IT SHOULD BE A REVERSED DECISION.
UM, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK ON THE MOTION? UH, LET'S SEE.
I THINK MR. JEFF IS, YOU'RE THE ONLY ONE THAT, UH, HASN'T SPOKEN IN THE FIRST ROUND.
DO YOU HAVE ANYTHING TO SAY ON THE MOTION IN ADDITION TO WHAT'S ALREADY BEEN SAID? OKAY, THANKS.
UH, IS THERE ANYBODY THEN WHO WOULD LIKE TO SPEAK? UM, I, I GUESS WE'LL GO BACK TO MR. HAYES.
DO YOU HAVE ANYTHING ELSE TO SAY IN FAVOR OF YOUR MOTION? NO, I'M TRUE.
UM, ANY, NOBODY ELSE WANTS TO SPEAK ON THE MOTION.
AND AGAIN, THE MOTION IS, UH, MR. HAYES HAS MOVED TO REVERSE THE DECISION OF THE CHIEF OF POLICE, UH, DESIGNATING ROYAL IN AND SUITES AS A HABITUAL CRIMINAL PROPERTY.
UH, ALL THOSE IN FAVOR OF REVERSING THE DECISION OF THE CHIEF OF POLICE, PLEASE SAY AYE.
ALL THOSE OPPOSED, PLEASE SAY NAY.
DO WE NEED A, DO WE NEED A ROLL CALL OR DID YOU GET I THINK IT, IT FAILED, BUT IT FAILED.
I WROTE DOWN WHO YOU GOT IT VOTED.
IF YOU WANT TO HAVE A ROLL CALL JUST SO THAT IT'S ON THE RECORD OFFICIALLY, THEN THAT'S YOUR PREROGATIVE.
UH, I BELIEVE THE VOTE FAILED, BUT WE'RE GONNA DO A ROLL CALL.
UH, MS. WILLIS, HAVE YOU? I'M AGAINST.
UH, UM, MS. TORRES FOR THE MOTION CHAIR.
MR. CUC NAY, MR. JEFF FOR, I'M SORRY, DID YOU SAY FOR, FOR THE MOTION.
IS THERE A, UH, ANOTHER MOTION ON REGARDING THE CHIEF OF POLICE DE DETERMINATION TO DESIGNATE THE ROYAL INDIAN SUITES IS A HABITUAL CRIMINAL PROPERTY MOTION TO AFFIRM THE CHIEF OF POLICE DECISION.
MOTION BY MR. CUC TO AFFIRM SECOND DECISION.
WAS THAT MS. WILLIS? OH, NO, IT WAS MR. COURT SECOND.
UH, MR. CUC, WOULD YOU LIKE TO SPEAK IN FAVOR OF YOUR MOTION BRIEFLY FOR THE REASONS THAT I'VE STATED BEFORE.
UM, I REALLY WISH THERE WAS AN OPPORTUNITY AS I'D ASKED FOR A POINT OF ORDER TO INQUIRE ABOUT WHETHER WE COULD DO THIS ALMOST AS A ROLLING QUARTERLY.
YOU COULD MEET UP WITH THE POLICE OR HAVE ANOTHER ACCORD MEETING OF THAT SORT, UM, THAT IS OUT OF OUR HANDS.
YEAH, NO,
I, I'M SORRY THIS IS TIME FOR BOARD DISCUSSION.
SO I, AND I, BUT MY, MY STRUGGLE IS NOT AS MUCH OF A STRUGGLE AS I CONTEMPLATE WHAT WAS AVAILABLE, UM, IN REGARD TO CAPITAL EXPENDITURE.
UM, AND IN REGARD TO WHAT CAN AND, AND PO WHAT I BELIEVE, AND I BELIEVE THAT, YOU KNOW, WHAT I'VE HEARD AND HEARD IN THE PAST IN REGARD TO ASSISTING WITH PREVENTING CRIMINAL ACTIVITY, UM, WOULD BE THE FENCING OR IF THAT MONEY IS NOT WANTING TO BE SPENT ON FENCING WOULD BE SPENT ON D P D DALLAS POLICE OFF, UH, OFF DUTY DALLAS POLICE AND THEIR UNIFORM WITH A PATROL CAR.
UM, ON THE TIME THAT THE SECURITY GUARDS ARE NOT THERE, UM, I REALIZE THAT THEY'RE WE'RE IN 2023 NOW AND THAT MONEY HAS BEEN SPENT.
SO, UM, I'M HOPEFUL, UH, YES, JUST AS, UM, CHAIR HAS SPOKEN THAT WE'RE HERE NEXT YEAR, THAT I'M
[02:45:01]
A HUNDRED PERCENT BEHIND, YOU KNOW, GETTING RID OF THE DESIGNATION AND MOVING FORWARD.I, I THINK THIS PROPERTY ACTUALLY IS, IS DOING A GOOD JOB.
I JUST THINK THAT THERE IS, THERE'S, GIVEN THE CIRCUMSTANCES, UM, IS REQUIRED MORE, AND, AND THAT'S, THAT'S JUST THE, THE BUSINESS THAT, AND, AND THE PLACEMENT OF THE BUSINESS OF WHERE IT IS.
SO THAT'S MY REASONS FOR WANTING TO AFFIRM THE CHIEF OF POLICE'S DESIGNATION.
IS THERE ANYONE WHO WOULD LIKE TO SPEAK AGAINST THE MOTION TO AFFIRM THE DECISION OF THE CHIEF OF POLICE? IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK, UH, IN FAVOR OF THE MOTION TO AFFIRM THE DECISION OF THE CHIEF OF POLICE? YEAH, EVEN, EVEN THOUGH IT'S THE OPPOSITE MOTION TO MINE, I AM GOING TO SUPPORT IT.
AND THIS GO AROUND, UM, MY ANALOGY WOULD BE TO THE SHOW SHARK TANKS.
SOME PEOPLE COME ON AND DON'T GET A DEAL, BUT THEY LEARNED A LOT FROM WHAT THEY HEARD FROM THE SHARKS.
AND I AM SINCERELY HOPEFUL THAT MR. PATEL LEARNED A LOT FROM ALL THE DISCUSSION THAT WENT ON TODAY AND IS GOING TO MAKE A SINCERE EFFORT TO RECTIFY THOSE THINGS THAT ARE WITHIN HIS CONTROL.
SO THAT COME NEXT MARCH, WE'LL BE A, THE, WE WON'T EVEN HAVE TO HAVE A HEARING THAT THE POLICE DEPARTMENT WILL NOT ISSUE THE RENEWAL OF THE HABITUAL CRIMINAL PROPERTY DESIGNATION.
UM, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? I, I'LL SPEAK AGAINST JUST BECAUSE MS. TORES, I FEEL LIKE, UH, YES, CHAIR.
I MEAN, I GUESS I'M JUST GONNA STICK WITH THE FACT THAT, YOU KNOW, ULTIMATELY, UH, IT IS UP TO OUR DISCRETION WHETHER WE WILL, YOU KNOW, UPHOLD WHAT THE CHIEF OF POLICE SAYS.
AND, YOU KNOW, IT IS JUST MY BELIEF IN HOPES THAT THEY WOULD'VE, THEY WOULD HAVE AN ADDITIONAL YEAR TO KIND OF, YOU KNOW, MAKE ADDITIONAL, UH, CHANGES BECAUSE OF THE NEED OF, OF, OF HOUSING AND THIS, THESE BIGGER DALLAS ISSUE.
UH, SO I'M JUST GONNA GO AHEAD AND STICK WITH THAT AND BE AGAINST THE MOTION, BUT I RESPECT EVERYBODY ON THE BOARD'S DECISION TO MOVE FORWARD WITH THIS.
UH, IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK IN FAVOR OF THE MOTION? ALRIGHT, UM, I, I, I'LL SPEAK IN FAVOR OF THE MOTION, AND I DON'T THINK I NEED TO REPEAT WHAT'S BEEN SAID, BUT, UM, MR. HAYES MAKES A GOOD POINT, UH, AS TO WHAT THE APPELLANT MIGHT TAKE AWAY FROM THIS PROCEEDING.
AND I WOULD LIKE TO MAKE A POINT AS TO WHAT THE CITY MIGHT TAKE AWAY FROM THIS PROCEEDING, WHICH IS THAT, UM, THIS IS, THIS IS A REALLY DIFFICULT CALL, OBVIOUSLY FOR THE BOARD, AND THE CITY HAS A, THE, THE, THE CITY PROSECUTOR HAS A TREMENDOUS AMOUNT OF DISCRETION IN THE ORDINANCE WHEN IT COMES TO MAKING THESE DESIGNATIONS, OR I I SHOULD SAY THAT IN COOPERATION WITH THE CHIEF OF POLICE HAS A TREMENDOUS AMOUNT OF DISCRETION.
AND, UM, YOU KNOW, TH THAT'S JUST SOMETHING TO KEEP IN MIND WHEN YOU'RE WORKING WITH PROPERTY OWNERS THAT I THINK WE ALL AGREE, UH, ARE TRYING.
WE, WE SEE, YOU KNOW, WE SEE SOME FRACTION OF THE PROPERTY OWNERS THAT HAVE THEIR PROPERTIES DESIGNATED AS A HABITUAL CRIMINAL PROPERTY.
AND SOME OF THEM COME IN FRONT OF US EVEN ON AN APPEAL, AND WE CAN'T FIGURE OUT WHAT EFFORT IT IS THAT THEY'RE MAKING THAT YOU KNOW, THAT THEY'RE, THAT THEY'RE CLAIMING TO MAKE.
UM, HERE WE DO HAVE A PROPERTY OWNER THAT, YOU KNOW, WE ALL AGREE IS MAKING SOME EFFORTS, UH, IS SPENDING MONEY ON THE PROPERTY.
UM, YOU KNOW, WE CAN DEBATE WHETHER THE MONEY IS GOING IN THE RIGHT PLACE AND WHAT THE PRIORITIES ARE.
BUT, UH, I THINK YOU HAVE HEARD A NUMBER OF BOARD MEMBERS, UH, TODAY TALK ABOUT, UM, COOPERA COOPERATION, THE APPELLANT HAS MENTIONED, OR HIS COUNSEL HAD MENTIONED, YOU KNOW, NOT THE, THE PERVERSE INCENTIVES THAT CAN BE CREATED WHEN SOMEBODY IS COOPERATING AND, UM, YOU KNOW, STILL IS FACED WITH THE CONSEQUENCES OF, OF MAYBE WHAT THE, THE PREVIOUS SITUATION WAS.
SO, UM, I JUST WANTED TO, UH, TO MAKE THAT POINT TO BALANCE, UH, WHAT MR. HAYES, UH, VERY CORRECTLY STATED.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THE MOTION TO AFFIRM THE DECISION OF THE CHIEF OF POLICE? THERE'S NO FURTHER DISCUSSION.
WE WILL VOTE, UH, ON MR. C'S MOTION TO AFFIRM THE DECISION OF THE CHIEF OF POLICE FINALLY DESIGNATING,
[02:50:01]
UH, THE ROYAL INN AND SUITES AS A HABITUAL CRIMINAL PROPERTY.UM, AND PLEASE MAKE SURE YOUR CAMERAS AND MICROPHONES ARE ON.
ALL THOSE IN FAVOR OF AFFIRMING THE DECISION OF THE CHIEF OF POLICE.
ALL THOSE OPPOSED, PLEASE SAY NAY.
IT LOOKS LIKE, UM, JEFF AND TORRES ARE OPPOSED AND THE REMAINDER ARE IN FAVOR.
SO THE MOTION PASSES FIVE TO TWO.
UM, THAT CONCLUDES TODAY'S MEETING AT 1128, AND I WILL REMIND THE BOARD MEMBERS THAT YOU WILL GET YOUR DOCUSIGN.
THOSE OF YOU WHO ARE NOT PRESENT WILL GET THE DOCUSIGN TO, UH, SIGN TODAY'S FINDINGS.
THANK YOU, CHAIR CHAIRMAN, A GOOD DAY.