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UH, GOOD MORNING LADIES AND GENTLEMEN.
[ Permit and License Appeal Board on September 21, 2023.]
WELCOME TO THE HEARING OF THE PERMIT AND LICENSE APPEAL BOARD FOR THE CITY OF DALLAS.IT IS NOW, UH, 8 49 ON THURSDAY, SEPTEMBER 21ST, 2023.
WE HAVE, UH, TWO HEARINGS ON TODAY'S AGENDA.
THE FIRST FOR SUE ELLEN'S APPEALING THE DENIAL OF A LATE HOURS PERMIT.
AND V B A APARTMENTS APPEALING THE NOTICE OF A FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY.
UH, AT THIS TIME, I WILL DO A ROLL CALL.
IF YOU ARE PRESENT, PLEASE SAY HERE.
UH, AND IF YOU ARE ONLINE, PLEASE, UH, MAKE SURE YOU HAVE YOUR CAMERAS TURNED ON.
SO ABSENT FROM TODAY'S HEARING.
WHAT ABOUT ILLA? OKAY, SO I, A LITTLE BIT CONFUSED.
UM, WE DO HAVE A QUORUM PRESENT AND THE MEETING IS NOW CALLED TO ORDER.
WILL THE OTHERS PRESENT AT TODAY'S HEARING? PLEASE INTRODUCE YOURSELVES, STARTING WITH, UH, THE BOARD'S GENERAL COUNSEL.
I'M THE BOARD COUNSEL WITH THE, UH, UH, CITY ATTORNEY'S OFFICE.
AND, UH, WHO DO YOU HAVE WITH YOU TODAY? I AM MARISSA HINES AND I'M ALSO WITH THE CITY ATTORNEY'S OFFICE.
UH, AND FROM THE CITY SECRETARY'S OFFICE, MEBA SAVA MARTINEZ, DONNA BROWN.
UM, AND FOR THE FIRST HEARING, UM, SUE S WHO DO WE HAVE, UH, REPRESENTING THE POWELL? UH, GOOD MORNING, MR. CHAIR.
THIS IS JIM BIRCH, UH, WITH STEPTOE AND JOHNSON.
I'M REPRESENTING, UH, ISAAC CORPORATION, D B A, SUE ELLENS.
AND, UH, WHO ARE THE WITNESSES THAT YOU HAVE WITH YOU TODAY? UH, THE, THE, THE PRINCIPAL WITNESS WILL BE MS. CHRIS STON, UH, BUT ALSO ATTENDING FOR SUE ELLENS ARE MIKEY GWYNN.
MIKEY GWYNN, WHO IS, UH, THE, UH, PRINCIPAL OWNER OF THE CORPORATION NOW.
UH, MS. KATHY JACKS, WHO IS THE, UM, UH, OPERATIONS, UH, MANAGER.
UH, AND, UH, BEN HICK, WHO IS THE, UH, C F O FOR ISAAC.
AND, UH, FOR, UH, WHO IS THE CITY ATTORNEY FOR THE FIRST ROOM? DAVID WILKINS.
MR. CHAIR AND OUR ONLY WITNESS, THE CITY'S ONLY WITNESS, THE DETECTIVE GERARDO MONTREAL.
AND FOR THE SECOND HEARING, B B A APARTMENTS, UH, WHO DO WE HAVE REPRESENTING THE APPELLANT? ARE THEY, OR GONE? GOOD.
UM, I'M THE ATTORNEY ON BEHALF OF THE APPELLANTS, AND I AM JOINED BY, UM, ONE WITNESS, MR. JOSH CRAVEN, ALTHOUGH I BELIEVE HE'S HAVING A BIT OF TECHNICAL DIFFICULTY LOCKING ON, UH, WHICH WE'RE WORKING TO RESOLVE.
AND I'M, I'M SORRY, COULD I GET YOUR LAST NAME AGAIN? OF COURSE.
IT'S SINGAPORE, S AS IN SAM, I N AS IN NANCY, G A P AS IN PETER, U R A.
AND FOR SOME REASON I DON'T SEE
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THE, UM, BUT I'M SURE I WILL.I, I FEEL THAT, UH, AND THE CITY ATTORNEY FOR THE SECOND HEARING.
GOOD MORNING, ZI BONILLA FOR THE CITY OF BONILLA? YES, SIR.
AND, UH, WHICH WITNESS HAVE I HAVE, UH, DETECTIVE NICK SIK AND SENIOR CORPORAL OFFICER JOSHUA BROOKS.
THERE WILL ALSO BE A SECOND CHAIR ATTORNEY REPRESENTING NAOMI GREEN.
UH, AND JUST A REMINDER THAT ANYBODY WHO IS PARTICIPATING IN THE HEARING, UH, IF YOU'RE ONLINE, YOU DO NEED TO HAVE YOUR VIDEO AND AUDIO ON ANYTIME YOU'RE ADDRESSING THE BOARD.
AND, UH, BOARD MEMBERS, YOU DO NEED TO HAVE YOUR VIDEO ON ANY TIME TO BE COUNTED.
UM, ITEM NUMBER ONE ON OUR AGENDA IS, UH, PUBLIC TESTIMONY.
BUT I UNDERSTAND, AND IT APPEARS THAT WE HAVE NO SPEAKERS REGISTERED TO ADDRESS THE BOARD WITH, UH, UH, ITEM NUMBER TWO WILL BE APPROVAL OF MINUTES FROM THE LAST MEETING, UH, THE MEETING ON JULY 20TH, 2023.
UH, IS THERE A MOTION TO APPROVE THE MINUTES OR A MOTION REGARDING THE MINUTES FROM JULY 20TH, 2023? I MOVE THAT WE ACCEPT THE MINUTES FROM THE MEETING.
PREVIOUS MEETING, UM, I DON'T HAVE THE DATE.
SO THERE'S A MOTION BY MR. QUINT TO, UH, ACCEPT TO APPROVE THE MEETING MINUTES FROM JULY 20TH, 2023.
IS THERE A SECOND? SECOND BY MR. A.
UH, IS THERE ANY DISCUSSION MR. QUINT? ANY DISCUSSION? NO, SIR.
UH, ANYBODY WHO WOULD LIKE TO SPEAK ON THE MOTION? NO.
UM, IF THERE'S NO DISCUSSION, THEN WE WILL VOTE ALL THOSE IN FAVOR OF THE MOTION.
MR. QUINT'S MOTION TO APPROVE THE MEETING.
ALL THOSE OPPOSED, PLEASE SAY NAY.
UH, ITEM NUMBER THREE IS ONE, UH, THAT I PUT ON THE AGENDA, AND IT IS CONSIDERATION OF AN OPEN LETTER TO PARTIES APPEARING BEFORE THE PERMIT AND LICENSE APPEAL BOARD TO PROVIDE SUGGESTIONS FOR THOSE PARTIES TO EFFICIENTLY PRESENT THEIR CASE TO THE BOARD.
UM, THE LETTER, I BELIEVE, HAS BEEN CIRCULATED TO THE BOARD BY THE CITY SECRETARY'S OFFICE AND WAS POSTED IN THE AGENDA.
UM, I WOULD LIKE TO DISTRIBUTE THIS LETTER, UH, VIA THE PERMIT AND LICENSE BILLBOARDS WEBSITE, AND, UH, WANTED TO MAKE SURE THAT THE LETTER HAD BEEN CONSIDERED BY THE BOARD AND, UH, THAT, UH, WE GET ANY FEEDBACK ON THE LETTER ON ADDITIONS OR SUBTRACTIONS OR MODIFICATIONS OF THE LETTER.
SO, UH, I AM OPEN TO ANY DISCUSSION.
UM, DOES ANYBODY HAVE ANY DISCUSSION TO OFFER ON THE OPEN LETTER? ALRIGHT, LET'S TRY AGAIN.
I WANNA, I WANNA COMMEND THE CHAIRMAN ON THE CONTENTS OF THE LETTER, PARTICULARLY THE EMPHASIS ON STICKING TO WHAT'S IMPORTANT
ANYBODY ELSE, UH, HAVE ANYTHING TO OFFER OR DISCUSS ON THE LETTER?
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UH, SO, UH, SORRY, WOULD NOT NOTHING DOING THIS IN PRIVATE, MS. TORRES HAD ASKED ME IF THE LETTER MENTIONED THAT, UM, PARTIES APPEARING COULD WATCH VIDEOS OF, UH, PREVIOUS MEETINGS AND THAT, THATUH, IS IS THERE A MOTION? YEAH, I'D LIKE TO MAKE A MOTION CHAIR.
I'D LIKE TO MOVE THAT WE DISTRIBUTE THIS, UM, OR PUT IT ON THE WEBSITE AND MAKE IT AVAILABLE TO ANYONE.
I MEAN, BEFORE THE BOARD, BECAUSE IT IS USEFUL TOOL FOR THEM, ESPECIALLY IF IT'S THE FIRST TIME.
UM, THIS GIVES HIM A REALLY GOOD SYNOPSIS OF WHAT TO EXPECT.
IS THERE A SECOND? I SECOND THAT MOTION.
UM, IF, UH, IS THERE ANY FURTHER DISCUSSION ON THE MOTION? NO.
UH, THEN, UH, LET'S VOTE ALL THOSE IN FAVOR OF MS. TORRES'S MOTION THAT THE, UH, OPEN LETTER FROM THE CHAIR BE POSTED ON THE BOARD'S WEBSITE AND DISTRIBUTED TO PARTIES APPEARING.
UH, ALL THOSE IN FAVOR, PLEASE SAY AYE.
UH, ANY OPPOSED? PLEASE SAY NAY.
UH, THE MOTION UNANIMOUSLY PASSED.
UH, MOVING ON TO ITEM NUMBER FOUR.
UH, THIS WILL BE AN APPEAL HEARING FOR THE APPEAL REQUEST OF SUE ELLEN'S APPEALING AN APPLICATION APPEALING DENIAL OF AN APPLICATION FOR A DANCEHALL LATE HOURS PERMIT UNDER SECTION 14 DASH 3.1 OF THE DALLAS CITY CODE.
UH, THE BURDEN OF PROOF FOR THIS HEARING IS ON THE APPELLANT.
UM, AT THIS TIME, ANY WITNESSES WHO WISH TO TESTIFY IN THIS HEARING, UM, PLEASE RAISE YOUR RIGHT HAND AND TURN ON YOUR CAMERA SO THAT YOU MAY BE SWORN IN BY THE CITY SECRETARY'S OFFICE.
UH, CAN I CHIME IN HERE? THIS IS BEN EK, UH, C F O OF KEVIN.
UM, MY CAMERA'S TURNED OFF ON YOUR END.
I'M SEEING MYSELF, BUT IT'S, IT'S SAYING THAT THE HOST IS, UH, NOT LETTING ME ON.
HEY, BEN, COULD YOU JUST GO IN AND JOIN CHRIS WHILE YOU'RE DOING THE OATH? YES.
SO, SO I DOUBT WE CALL YOU, BUT JUST IN CASE.
SO, SIR, UM, THE, THERE'S, UH, SINCE YOU GUYS CAN'T SEE WHAT WE SEE, WE HAVE TWO SCREENS HERE.
WE HAVE A MAIN SCREEN AND A SECONDARY SCREEN.
AND YOU'RE NOT ON THE MAIN SCREEN, BUT YOU ARE ON THE SECONDARY SCREEN, SO, AH, I CAN, OH, OKAY.
YEAH, SO YOU, YOU, YOU CAN STAY PUT.
DO YOU WANNA DO 'EM ALL AT ONCE? NO, SURE.
IF EVERYBODY, IF ALL THE WITNESSES ARE HERE FOR THE SECOND APPEAL, WE CAN GET ALL THE WITNESSES SWORN IN AT ONCE.
IF Y'ALL WOULD PLEASE TURN ON YOUR CAMERAS AS WELL.
MR. SINGAPORE, I THINK WAS THE ONLY WITNESS.
OH, UH, MR. SINGAPORE'S THE REPRESENTATIVE.
SO DID WE, DID I ASK YOU WHAT WITNESSES YOU HAVE FOR THE SECOND HEARING? I'M SORRY.
UM, MR. JOSH CRAVEN AS A REPRESENTATIVE OF PROPERTY OWNERSHIP AND MANAGEMENT.
SORRY, I WROTE THAT DOWN WRONG.
SO, MR. CRAVEN, IF YOU COULD, UH, TURN ON YOUR CAMERA IF IT'S NOT ON ALREADY, THEN WE'LL JUST SWEAR EVERYBODY IN ALL AT ONCE AS WELL AS, UH, THE DETECTIVES FOR THE SECOND HEARING.
PLEASE, UH, RAISE YOUR RIGHT HANDS.
DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU'LL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? THE TRUTH, THANK YOU.
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ALRIGHT.UM, TIME LIMITS FOR THE PRESENTATIONS.
UH, MR. BIRCH, TAKING INTO CONSIDERATION THAT WE HAVE A VERY LONG, UH, HEARING, LIKELY FOLLOWING YOU, HOW MUCH TIME WOULD YOU LIKE TO HAVE FOR YOUR PRESENTATION? IF, IF I COULD HAVE 45 MINUTES, THAT'D BE GREAT.
I THINK I CAN DO IT IN LESS TIME THAN THAT, BUT I, AND I APOLOGIZE TO THOSE MEMBERS WHO'VE ALREADY HEARD MY SPIEL BEFORE ON, ON, UH, SUE ELLEN'S AND KEVIN, BUT I DO NOTE THAT WE HAVE SEVERAL NEW MEMBERS AND I, I THINK WE WANT TO, UH, UH, GIVE OUR STORY A LITTLE BIT TODAY.
UM, YOU THINK YOU COULD DO IT IN 15
I THINK YOU COULD DO IT IN 15.
IF YOU THINK YOU CAN DO IT IN 15, I WILL TRY MY BEST.
UM, HOW ABOUT THE CITY ATTORNEY? HOW MUCH TIME DO YOU THINK YOU NEED? WELL, I THINK I CAN HELP US OUT HERE.
I, I THINK I NEED ABOUT FIVE MINUTES, MAYBE LESS.
SO I TELL YOU WHAT, UH, LET'S SAY 15 MINUTES FOR THE APPELLANT, FIVE MINUTES FOR THE CITY, AND, UH, IF YOU NEED MORE TIME, UH, WE'LL, THE, THE BOARD CAN GIVE IT TO YOU.
LET ME, AND, UH, JUST, JUST, JUST A REMINDER, UH, THAT THAT ONLY INCLUDES YOUR ACTUAL TIME, UH, QUESTIONING WITNESSES.
IT DOESN'T INCLUDE YOUR INTRODUCTION, AND IT DOESN'T INCLUDE BOARD QUESTIONING TIME.
SO IF THE BOARD DOES HAVE, HAVE QUESTIONS, THEY'VE GOT A GREAT DEAL OF TIME TO, UH, ASK THEM.
UM, C UH, FOR YOU, MR. BIRCH, I HAVE ONE EXHIBIT THAT IS, I'M OPENING IT RIGHT NOW.
UM, DID YOU JUST HAVE ONE EXHIBIT? UH, YES, MR. CHAIR.
WE HAD ONE BOOKED OF EXHIBITS, UM, THAT WE'D LIKE TO OKAY.
UH, AND IT'S APPROXIMATELY 139 PAGES, SO WE WON'T, I PROMISE WE WON'T TALK ABOUT EVERY ONE OF THOSE.
AND I HAVE SET IT UP SO THAT THERE ARE TABS, UH, SO THAT THOSE MEMBERS WHO ARE, UH, REMOTE CAN, UH, CLICK ON THE TABS AND FOLLOW ALONG WITH US, UH, IN THE PDFS THAT THEY HAVE AVAILABLE.
UM, AND MR. WILKINS, UH, WE HAVE ONE EXHIBIT FROM THE CITY, IS THAT CORRECT? YES, THAT'S CORRECT.
AND AGAIN, IT'S, IT'S A BINDER THAT'S BROKEN UP INTO 10 TABS.
WE'LL PROBABLY HIGHLIGHT FOUR.
SO, UM, THOSE HAVE BOTH BEEN ACCEPTED INTO EVIDENCE, AND THEY'RE BOTH NUMBERED AS, UH, CITIES AND APPELL EXHIBIT ONE.
WOULD THE CITY ATTORNEY, UH, PLEASE READ THE RELEVANT ORDINANCE? THANK YOU, CHAIRMAN.
THE RELEVANT, UH, PORTION OF THE CITY CODE THAT APPLIES TO, TO TODAY'S SITUATION IS THAT THE PERMIT AND LICENSE APPEAL BOARD MAY, IN ITS DISCRETION, GRANT AN EX EXEMPTION FROM THE LOCATIONAL RESTRICTIONS OF SECTION 14 DASH 3.1 FOR A LATE HOURS PERMIT FOR A CLASS A, B, OR C DANCE HALL, WHICH APPLIES, IF IT FINDS THAT ONE, THE LOCATION OF THE PROPOSED DANCE HALL WILL NOT HAVE A DETRIMENTAL EFFECT ON NEARBY PROPERTY OR BE CONTRARY TO THE PUBLIC SAFETY OR WELFARE.
TWO, THE LOCATION OF THE PROPOSED DANCE HALL WILL NOT DOWNGRADE THE PROPERTY VALUE OR QUALITY OF LIFE IN ANY ADJACENT AREA, OR ENCOURAGE THE DEVELOPMENT OF URBAN BLIGHT.
THREE, THE LOCATION OF THE PROPOSED DANCE HALL OPERATING UNDER A LATE HOURS PERMIT IN THE AREA WILL NOT BE CONTRARY TO ANY PROGRAM OF NEIGHBORHOOD CONSERVATION OR INTERFERE WITH ANY EFFORTS OF URBAN RENEWAL OR RESTORATION.
AND LASTLY, ALL OTHER APPLICABLE PROVISIONS OF THIS CHAPTER WILL BE OBSERVED.
UM, MR. BIRCH, WOULD YOU LIKE TO BEGIN WITH A FIVE MINUTE OPENING STATEMENT? UH, YES, I WOULD.
UM, I, FIRST OF ALL, I APOLOGIZE TO THOSE MEMBERS WHO HAVE HEARD, UH, THE, UH, SUE ELLENS AND KEVIN'S STORY BEFORE.
UH, I, I DO WANT TO TELL IT AGAIN FOR THE BENEFIT OF THOSE MEMBERS WHO WERE NOT, UH, ON THE BOARD THE LAST TIME SUE ELLENS APPEARED.
UM, LET ME START BY SAYING THAT SUE ELLENS, UH, HAS BEEN IN OPERATION FOR 34 YEARS, UH, AND IT HAS A, HAD A LATE HOURS
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PERMIT, UH, FOR THAT ENTIRE PERIOD, UH, WHICH HAS BEEN GRANTED.AND THIS BOARD HAS CONTINUALLY GRANTED, UH, THE, UH, EXEMPTION TO THE LOCATIONAL RESTRICTIONS, UH, OVER THAT PERIOD OF TIME, UH, THE LATE HOURS APPLICATION FOR 2023 WAS DENIED SIMPLY BECAUSE THE, UH, LOCATION OF SUE ELLENS IS WITHIN 1000 FOOT OF A FEET OF A LOT USED FOR RESIDENTIAL PURPOSES.
UH, THE, THE CHIEF OF POLICE HAD NO, UH, DISCRETION ON THAT.
UH, HE HAS TO DENY THE PERMIT BASED ON THAT RESTRICTION.
HOWEVER, AS THE, UH, CITY ATTORNEY JUST READ YOU, THIS BOARD HAS THE ABILITY TO GRANT, UH, EXEMPTIONS, UH, AND IN ADDITION TO GRANT TWO YEAR EXEMPTIONS, UH, TO THAT REQUIREMENT.
UH, AND WE HAVE BEEN THE RECIPIENT OF THOSE FOR, UH, AGAIN, 34 YEARS.
UH, I DON'T THINK THERE'LL BE ANY DISPUTE THAT SUE ELLENS, UH, AND IT'S, UH, PARENT COMPANY, KEVIN ENTERPRISES, INC.
ARE, UH, WELL RUN, UH, BUSINESSES, UH, SUE ELLENS, UH, AND, AND ITS PARENT COMPANY, EMPLOYEES ARE DIRECTLY INCENTIVIZED TO RUN THE COMPANY TO THE HIGHEST STANDARDS.
UH, PRIOR TO 2021, THEY, THE COMPANY WAS OWNED BY AN ESOP.
IT IS NOW PRIVATELY OWNED, BUT, UH, 70% OF THE EMPLOYEES RETURNED POST COVID AND A HUNDRED PERCENT OF THE KEY EMPLOYEES, THE, THE BARTENDERS, THE MANAGERS, UH, THE, UH, UH, OPERATIONAL FOLKS, THOSE PEOPLE ALL.
SO WE, WE HAVE HAD A CONTINUAL DEAL.
AND IT'S NOT UNUSUAL TO SEE AN EMPLOYEE IN THIS, UH, UH, BUSINESS, UH, OR THIS OPERATION THAT'S BEEN WITH THE BUSINESS FOR 30 PLUS YEARS.
UM, SUE ELLIS HAS TAKEN SPECIFIC TIPS, UH, STEPS TO BE AN EXCELLENT, UH, AND RESPONSIBLE NEIGHBOR.
UH, THEY HAVE, UH, HEAVILY SOUNDPROOFED THE BUILDING.
UH, THEY, UH, SPEND, UH, A LOT OF MONEY ON MAINTENANCE AND UPKEEP, UH, TO KEEP IT CLEAN AND GOING.
UH, THEY'VE RECEIVED NO COMPLAINTS, UH, OF WELL NOISE OR ANYTHING ELSE FROM THE NEIGHBORS, UH, SURROUNDING IT.
UH, THERE IS A GREAT FOCUS ON PROVIDING SECURITY AND THEN ON FOSTERING GOOD RELATIONSHIPS WITH THE LOCAL POLICE, UH, THAT PATROL THE BEAT.
UH, THERE ARE TWO PARKING AREAS USED BY PATRONS OF THE CLUB, BUT THEY'RE ALSO USED BY OTHER, UH, UH, BUSINESSES IN THE AREA AS WELL.
UH, I THINK YOU'LL SEE FROM THE VARIOUS EXHIBITS AND, AND, AND WHAT WE WILL SHOW YOU TODAY THAT, UH, THIS, UH, CLUB IS NOT A DETRIMENT TO THE AREA.
UH, IT IS IN FACT ONE OF THE DRAWING POINTS FOR THIS PARTICULAR AREA.
UH, WE'VE GOT, UH, NEIGHBORS WHO HAVE SIGNED PETITION OF SUPPORT, UH, WHICH IS AT TAB SIX OF OUR, UH, EXHIBIT BOOK.
UH, WE HAVE, I THINK THIS YEAR, 245 SIGNATURES OF SUPPORT.
UH, THE TESTIMONY TODAY WILL SHOW THAT THERE'S NO DIFFERENCE IN THE DEVELOPMENT ACTIVITY OR PROPERTY VALUES WITHIN A THOUSAND FEET, UH, OF THE PROPERTY, AS OPPOSED TO OUTSIDE THAT A THOUSAND FOOT RADIUS.
UH, AND YOU CAN LOOK AT THOSE PHOTOS IN TAB FIVE, UH, AND I THINK THE TESTIMONY WILL SHOW THAT THE CLUB HAS ADDED VALUE TO THE NEIGHBOR NEIGHBORHOOD.
UH, AND THAT IS A DRAW FOR PEOPLE WHO WANT TO, UH, LIVE IN A WALKABLE, UH, ENTERTAINMENT, UH, ORIENTED NEIGHBORHOOD.
UM, WE ALSO BELIEVE THE TWO YEAR EXTENSION IS WARRANTED.
UH, SUE ALLENS MEETS THE REQUIREMENTS OF SECTION 14 DASH 3.1 OF THE CITY CODE, UH, BECAUSE THEY'VE NEVER BEEN DENIED A LATE HOURS PERMIT.
IT IS HELD PERMITS CONTINUOUSLY FOR 34 YEARS, AND THERE ARE NO PRIOR VALID VIOLATIONS BY THE CLUB OF CHAPTER 14 OF THE CITY CODE.
UH, IN LIGHT OF THAT, WE ASK THAT THE, UH, PERMIT BE, UH, THE EXEMPTION BE GRANTED, UH, AND THAT A TWO YEAR EXEMPTION BE GRANTED IN THIS CASE.
UM, MR. WILKINS, DO YOU HAVE A FIVE MINUTE OPENING? OBVIOUSLY,
I THINK OUR FIRST WITNESS WILL BE MS. CHRIS STON.
YOU ARE, UH, RECOGNIZED FOR 15 MINUTES, MR. BERG.
MS. STON, COULD YOU GIVE THE, UH, BOARD YOUR FULL NAME AND, UH, TELL THE BOARD A LITTLE BIT ABOUT YOUR RELATIONSHIP WITH KEVIN AND HOW LONG YOU'VE BEEN WITH THE COMPANY? UH, MY NAME IS CHRISTINE BANKSTON, AND
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I HAVE, UH, WAS WITH THE COMPANY FOR 36 AND A HALF YEARS.AND, UM, I RETIRED LAST YEAR, BUT HAD BEEN KEPT ON FOR CONSULTATION AND FOR, UH, UH, MY INVOLVEMENT WITH THE COMMUNITY FOR THAT LONG SO THAT, UH, WE CAN CONTINUE A GOOD RELATIONSHIP WITH THE CITY AND WITH OUR NEIGHBORHOOD.
AND, UH, ADMIT, I MENTIONED IN THE OPENING THAT, UM, UH, SUE ELLEN'S, UM, AND ISAAC CORPORATION ARE WHOLLY OWNED SUBSIDIARIES OF CABIN ENTERPRISES.
IS THAT CORRECT? THAT IS CORRECT.
AND THE CURRENT OWNER OF CABIN ENTERPRISES IS MR. WYNN, IS THAT CORRECT? YES, THAT IS CORRECT.
UH, AND, UH, I, I THINK YOU PREPARED A LETTER THAT IS IN TAB ONE OF THE, UH, EXHIBIT BOOK.
UH, DO YOU HAVE THAT IN FRONT OF YOU? AND WOULD YOU LIKE TO READ THAT TO THE, UH, BOARD? YES, YES.
GOOD MORNING, ISAAC CORPORATION, DOING BUSINESS AS SUE ELLENS IS ONE OF FOUR CLUBS OWNED AND OPERATED BY CABIN ENTERPRISES.
THIS INCLUDES BAR STAFF, DJ STAFF, AND ENTERTAINERS.
THERE IS A MANAGEMENT STAFF OF THREE.
THE COMBINED EXPERIENCE OF THE MANAGEMENT TEAM IS OVER 40 YEARS, AND SEVERAL OF THE EMPLOYEES HAVE BEEN WITH SUE ELLENS FOR 10 YEARS OR MORE.
MAINTAINING THE SECURITY AND SAFETY OF OUR GUESTS, STAFF, AND NEIGHBORS ARE KEY GOALS OF SUE ELLENS.
SUE ELLENS, ALONG WITH JR'S STATION FOUR AND T M C IS MONITORED BY A LICENSED PROFESSIONAL SECURITY COMPANY AND IS APPROVED BY THE DALLAS POLICE DEPARTMENT.
THE SECURITY COMPANY PROVIDES ONSITE DEDICATED GUARDS AND ALSO PROVIDES ONSITE SUPERVISORS AND ROAMING SECURITY VEHICLES DURING BUSY HOURS.
SO THERE IS SECURITY IN THE CLUBS AS WELL AS OUTSIDE THE CLUBS IN CARS TO DETER CRIME.
IN ADDITION TO THE PROFESSIONAL SECURITY STAFF, THE CLUB IS MONITORED BY SECURITY CAMERAS BOTH INSIDE AND OUTSIDE THE CLUB.
THE MANAGERS AND SECURITY GUARDS UTILIZE PORTABLE RADIOS TO ENSURE CONSTANT COMMUNICATION FOR THE PROTECTION OF BOTH PATRONS AND STAFF.
WE BELIEVE MAINTAINING SECURITY ON A REGULAR BASIS IS TO THE BENEFIT BENEFITS OF OUR GUESTS AND STAFF.
SUE ELLENS IS OPEN FIVE DAYS A WEEK AND EMPLOYS DOOR PERSONNEL AND FLOOR OBSERVERS NIGHTLY.
SUE ELLENS HAS A MANAGER STATION BEHIND THE BARS THROUGHOUT THE CLUB TO HELP DEAL WITH ANY ISSUES THAT MAY ARISE.
OUR EMPLOYEE'S LONG-TERM COMMITMENT TO THE COMPANY IS THE KEY TO SUE ELLEN'S SUCCESS.
THEY UNDERSTAND THE IMPORTANCE OF FOLLOWING ALL STATE CITY AND T A B C RULES AND REGULATIONS.
THE STATE OF TEXAS OFFERS A T A B C CERTIFICATION, AND ALL CABIN EMPLOYEES ARE T A B C CERTIFIED.
ALL EMPLOYEES HAVE THE OPTION TO PARTICIPATE IN HEALTH, DENTAL, AND VISION LIFE INSURANCE, AND A 4 0 1 K WITH A DISCRETIONARY MATCH AT THE END OF THE YEAR.
THE COMPANY IS VERY INVOLVED IN THE COMMUNITY ON BOTH THE BUSINESS AND CHARITABLE LEVELS.
MIKE WYNN, C E O PRESIDENT OF CAVEN ENTERPRISES IS A MEMBER OF THE PPL PREP SS B D M COMMITTEE OF THE PERSONALIZED LEARNING PREPARATORY AT SAM HOUSTON.
OUR CHARITABLE INVOL INVOLVEMENT IS EXTENSIVE.
SUE ELLENS IS INVOLVED WITH MANY NONPROFIT ORGANIZATIONS, INCLUDING RESOURCE CENTER, DALLAS HUMAN RIGHTS CAMPAIGN, P SS S A UNIFORM NIGHT AND PURPLE PARTY.
THEY ALS THEY ALSO HOST LONGTIME INDIVIDUAL EVENTS SUCH AS THE LINDA LUCKY CHILDREN'S TOY DRIVE.
SUE ELLENS DONATES THE SPACE FOR NONPROFITS DOOR PROCEEDS DURING THESE EVENTS GOES TO THE CHARITABLE ORGANIZATION, AND IN RETURN, THE ORGANIZATION PROVIDES BENEFITS TO ITS BENEFICIARIES.
THROUGH THE YEARS, THESE PARTNERSHIPS HAVE PROVEN TO BE VERY SUCCESSFUL.
OUR COMMITMENT TO PERSONALIZED LEARNING PREPARATORY AT SAM HOUSTON CONTINUES TO GROW.
LAST YEAR'S SECRET SANTA WAS A GREAT SUCCESS.
IT IS MOST, IT IS THE MOST EXCITING EVENT OF THE YEAR.
WE DO, UH, I'M SORRY, EXCUSE ME.
WE DO SCHOOL SUPPLY DRIVES TWICE A YEAR.
WE PROVIDE HOT DOGS, SODA AND WATER FOR FIELD DAY THROUGHOUT THE YEAR.
PARTIES ARE PROVIDED FOR THE TEACHERS AT THE BEGINNING OF THE YEAR, HOLIDAY TIME, AND END OF THE YEAR, WANTING TO EXPAND OUR INVOLVEMENT WITH D I S D AND OTHER AREAS SCHOOLS.
WE HAVE HELPED SPONSOR EVENTS SUCH AS DASH FOR THE BEADS.
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EVENTS PROVIDE GRANT FUNDS AND RAISE MONEY FOR MULTIPLE P T O PROGRAMS, BENEFITING MANY SCHOOLS AND INCLUDING HOG ELEMENTARY, BOTELLO ELEMENTARY, BOWIE ELEMENTARY, ROSEMONT ELEMENTARY, AND W H ADDISON ADDISON HIGH SCHOOL.WE ARE ALSO INVOLVED WITH SCOTTISH, RIGHT? THE LATE HOURS PERMIT IS VERY IMPORTANT TO THE CONTINUED SUCCESS OF SUE ELLENS, OUR COMPTROLLER, BEN HICK ESTIMATES.
WITHOUT THE LATE HOURS PERMIT, WE WOULD SEE A DECREASE OF UP TO 30 TO TO 40% IN REVENUE.
THIS DECREASE WOULD GREATLY AFFECT THE COMPANY'S ABILITY TO CONTINUE THE MUCH NEEDED SUPPORT TO OUR COMMUNITY.
THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION ON THIS MATTER.
I I'M GOING TO TRY AND RAPIDLY COVER SOME QUESTIONS HERE, UH, TO FOLLOW UP, UH, WITH YOU ON THAT.
UM, HOW LONG HAS SUE ELLENS BEEN IN THE SPACE THAT IT'S IN CURRENTLY? IN THE SPACE THAT IT'S IN NOW? YES.
UM, WELL, IT'S, THEY'VE BEEN IN BUSINESS FOR 34 YEARS.
THEY WERE AT ONE TIME DOWN WHERE T M C IS AT NOW, AND T M C IS WAS AT WHERE SUE ELLENS IS NOW.
AND THEN THEY, THEY DID A SWITCH.
THEY WERE, THEY WERE, SUE ELLENS WAS GROWING AND NEEDED MORE SPACE, BUT THE BUSINESS ITSELF HAS BEEN THERE FOR 34 YEARS.
THEY OPENED JANUARY 19TH, 1989.
AND IN THIS PARTICULAR LOCATION, HAS IT BEEN THERE MORE THAN 20 YEARS, RIGHT.
AND, AND YOU MENTIONED A LITTLE BIT ABOUT THE SECURITY AT THE SIOUX ALLENS.
UH, ARE ALL OF THE SECURITY OFFICERS, UH, CERTIFIED BY THE TEXAS COMMISSION ON LAW ENFORCEMENT? YES.
OFFICER STANDARDS AND EDUCATION? YES.
UH, AND YOU MENTIONED THAT THERE WAS A, UH, A CLOSED CIRCUIT RADIO, UM, UH, OR NOT CLOSED CIRCUIT, BUT UH, RADIO SYSTEM SET UP SO THAT THE, UH, SECURITY GUARDS AND MANAGEMENT COULD CONVERSE WITH EACH OTHER.
WE ACTUALLY HAVE A DUAL SYSTEM.
WE HAVE RADIOS THAT ARE USED BY THE MANAGERS AND SECURITY GUARDS, AND THEN WE HAVE IN-HOUSE RADIOS THAT ARE USED BY THE STAFF AND MANAGERS, AND THAT IS IN ALL OF THE CLUBS.
SO THAT IF ANYTHING BY CHANCE MIGHT HAPPEN, THERE IS IMMEDIATE COMMUNICATION.
AND, UM, IF THE, IF THE BOARD IS INTERESTED IN THAT, IN TAB FOUR AT PAGE 59 OF OUR EXHIBIT BOOK, WE'VE GOT, UH, A, A PHOTO OF THAT, UH, RADIO SYSTEM.
UH, NOW TELL ME A LITTLE BIT, TELL ME ABOUT THE RELATIONSHIP BETWEEN SUE ELLEN'S MANAGEMENT AND THE LOCAL POLICE.
IS IT A GOOD RELATIONSHIP? YES.
YEAH, BECAUSE OF THE FACT THAT THE CLUBS, SUE ELLENS AND THE OTHER THREE CLUBS HAVE BEEN THERE FOR SO LONG, THEY GET TO KNOW THE BEAT OFFICERS WHO ARE ASSIGNED TO THE AREA.
SO THERE, THERE IS A STRONG RELATIONSHIP.
UH, AND DO YOU HAVE POLICIES, UH, TO, UH, WELL, LET'S BACK UP.
DO DO THE MANAGEMENT OF, UH, SUE ALLENS MEET WITH THE, UH, LOCAL BEAT OFFICERS FROM TIME TO TIME, UH, JUST TO DISCUSS ADDITIONAL SAFETY MATTER MEASURES? YES.
UH, THERE'S A NEW PROGRAM THAT HAS BEEN INTRODUCED, UH, WHERE WE WILL MEET TWO TO THREE TIMES A YEAR.
UH, WE'VE RECENTLY HAD A MEETING WITH THEM AND IT WAS, UH, A TEACHING THE MANAGERS ABOUT ACTIVE SHOOTER POLICY IN CASE SOMETHING WOULD HAPPEN.
SO, UM, IT, IT'S VERY BENEFICIAL TO THEM AND, AND TO US.
UH, AND, UM, HOW DOES THE COMMUNITY VIEW SUE ELLIS'S IN TERMS OF SECURITY AND SAFETY? WELL, BECAUSE OF THE FACT THAT, THAT WE HAVE THE SECURITY GUARDS THAT WE DO, AND WE ARE THE ONLY CLUBS ON, UH, THE STRIP, UH, IN CEDAR SPRINGS THAT HAVE SECURITY GUARDS.
SO IT BECOMES KIND OF A SAFE HAVEN FOR PEOPLE, UH, THAT ARE GOING TO THE OTHER BUSINESS OR GOING TO THE OTHER CLUBS, UM, IF THEY'VE HAD A PROBLEM OR IF THEY'VE, MAYBE SOMEBODY BROKE INTO THEIR CAR OR THINGS THAT CAN HAPPEN ALL OVER THE CITY, THEY CAN COME TO OUR SECURITY FOR HELP.
AND, UM, IS THE LATE HOUR, UH, PERMIT, UH, IMPORTANT TO THE SUCCESS OF SUE ELLENS AND ITS CHARITABLE ACTIVITIES? IT ABSOLUTELY IS.
UH, THESE, THE CLUBS HAVE A VERY LARGE GROUP OF YOUNG PEOPLE THAT COME TO THEM.
[00:35:01]
LATE NIGHT PEOPLE, AND A LOT OF THEM DON'T COME OUT, AND THEY'RE BY A LOT OF SERVICE INDUSTRY PEOPLE.THEY DON'T COME OUT TILL 11, 12 O'CLOCK AT NIGHT.
SO WITHOUT THE LATE HOURS, UH, PERMIT, WHICH WE DO NOT SERVE ALCOHOL DURING THAT TIME, IT'S STRICTLY NON-ALCOHOL.
UM, IT ALLOWS THAT MONEY TO COME INTO OUR ESTABLISHMENTS WHERE IF WE CLOSED AT TWO, THEY MAY SAY, NAH, I DON'T WANNA DRIVE FROM ARLINGTON OR FROM PLANO FOR JUST A COUPLE OF HOURS.
SO IT WOULD AFFECT OUR INCOME.
WHICH AFFECTS WHAT, AND YOU DO, AND YOU DO CHARGE A COVER CHARGE, UH, UH, ON THE NIGHTS THAT YOU'RE OPEN UNTIL 4:00 AM IS THAT CORRECT? YES.
AND, UH, YOU MENTIONED YOU DON'T SERVE ALCOHOLIC BEVERAGES.
DO YOU SERVE THINGS SUCH AS, UH, UH, WE HAVE A VERY LI LARGE, UH, VARIETY OF NON-ALCOHOLIC BEVERAGES.
WE HAVE WATER, RED BULL, GATORADE, ORANGE JUICE, PINEAPPLE JUICE, CRANBERRY JUICE.
SO YES, THERE'S, THERE'S A GOOD VARIETY.
AND, UH, DO YOU BELIEVE THAT STAYING THAT SUE ELLEN'S STAYING OPEN UNTIL, UH, 4:00 AM HELPS, UH, ALLEVIATE, UH, CONGESTION IN THE STREETS AROUND THE AREA AND, UH, HELPS, UH, UH, PROVIDE FOR A LITTLE BIT SAFER TRIP HOME FOR FOLKS? YES.
UH, THERE ARE CLUBS THAT CLOSE AT TOO ON THE BLOCK, AND THEN THERE ARE TWO CLUBS, UH, SUE ELLENS AND STATION FOUR THAT ARE OPEN TILL FOUR, WHICH ALLOWS FOR A, UH, INTERMITTENT LEAVING OF GUESTS, WHICH I THINK DOES HELP THAT SITUATION.
UH, AND, UH, LET'S TALK A LITTLE BIT ABOUT THE BUILDING AND, AND I'LL DIRECT THE, UH, UH, BOARD MEMBERS TO TAB FOUR.
UH, ARE THOSE PHOTOS, UH, OF THE BUILDING AND ITS CONSTRUCTION, AND YOU'VE MADE NOTES THERE TO INDICATE WHAT THE PHOTOS OF ARE OF, IS THAT CORRECT? THAT IS CORRECT.
UH, AND YOU HAVE, UH, TAKEN THESE PHOTOGRAPHS, UH, RECENTLY, LIKE IN THE PAST MONTH? YEAH, ACTUALLY TWO WEEKS AGO.
AND IS THE BUILDING SOUNDPROOFED? YES.
UM, IF YOU LOOK ON PAGE 46, WHICH IS THE BACK OF SUE ELLENS, IT SHOWS HOW THE BUILDING IS CONSTRUCTED.
UH, THIS STONE IS OVER CONCRETE BLOCKS, UM, WHICH ARE, UH, UH, REINFORCED BY REBARB AND, UM, CEMENT, SO VERY MUCH SOUNDPROOF.
UM, THE WINDOWS THAT YOU SEE ARE DOUBLE PANED DO NOT OPEN.
UM, IT'S JUST TO GIVE A LITTLE BIT OF LIGHT TO THE SECOND LEVEL OF, OF SUE ELLENS.
UM, SO THE, THE BUILDING IS BUILT VERY MUCH NOT TO BOTHER THE NEIGHBORHOOD.
AND THE SPEAKERS ARE ALL DIRECTED, UH, TOWARD THE INSIDE OF THE BUILDING, IS THAT CORRECT? THAT IS CORRECT.
AND LET ME THEN ASK YOU, YES, UH, THERE'S AN OUTSIDE PATIO.
UH, WHAT HAPPENS TO THOSE SPEAKERS? UH, AT MIDNIGHT WE HAVE A LOWER PATIO AND AN UPPER PATIO.
THERE ARE NO SPEAKERS ON THE UPPER PATIO AND ON THE LOWER PATIO, THE SPEAKERS ARE TURNED OFF AT MIDNIGHT.
AND HAVE YOU EVER RECEIVED ANY COMPLAINTS FROM NEIGHBORS, UH, REGARDING NOISE? NO.
UH, AND IN FACT, UH, ISN'T IT TRUE THAT, UH, WE'VE HAD SEVERAL NEIGHBORS, UH, WHO HAVE SIGNED PETITIONS IN SUPPORT OF, UH, OUR LATE HOUR, UH, PERMIT APPLICATION? IS THAT CORRECT? CORRECT.
AND THAT'S AT TAB SIX OF THE BOOK, UH, IF THE BOARD CARESS TO LOOK AT IT.
UH, AND THEN LET'S TALK A LITTLE BIT ABOUT THE PROPERTY VALUES IN THE AREA.
IF YOU'LL GO TO TAB FIVE, YOU'VE GOT ONE MINUTE, MR. BIRCH.
UH, AND MS. STON, ARE THESE PHOTOS THAT YOU HAVE TAKEN OF DEVELOPMENT, UH, WITHIN THE, UH, UH, ARE IN THE NEAR SUE ELLENS? YES.
UH, AND THESE ARE BOTH DEVELOPMENTS THAT ARE CURRENTLY UNDER CONSTRUCTIONS AND, UH, DEVELOPMENTS THAT HAVE BEEN CONSTRUCTED, UH, IN THE PAST COUPLE OF YEARS, IS THAT CORRECT? THAT IS CORRECT.
AND, UH, YOU'VE IDENTIFIED BY NOTES AT THE BOTTOM OF EACH OF THOSE, UH, PHOTOGRAPHS IN TAB FIVE, WHAT THE PHOTOGRAPH IS OF, IS THAT CORRECT? CORRECT.
AND, UM, DO, DO THESE REFLECT THAT SUE ELLIS'S HAVING A, A ILL EFFECT OR DETRIMENTAL EFFECT ON THE DEVELOPMENT IN THE AREA? YES.
AND IF, IF YOU'RE FAMILIAR WITH THE AREA, THE CONSTRUCTION THAT IS GOING ON IS PHENOMENAL, AND IT OBVIOUSLY PROVES THAT WE'RE NOT KEEPING PEOPLE
[00:40:01]
FROM WANTING TO COME TO THE AREA.UH, AND ARE THERE CURRENT PLANS, UH, TO, UM, INCORPORATE, UH, SUE ELLENS AND THE OTHER CALVIN CLUBS INTO A, UH, MIXED USE DEVELOPMENT THAT'S, UH, GOING TO BE BUILT, UH, ON THE PROPERTY ADJACENT TO THAT IS, THAT IS CORRECT.
SO THERE, THERE'S REALLY NOTHING TO INDICATE THAT WE'RE A DETRIMENT TO THE, UH, NEIGHBORHOOD, IS THAT CORRECT? THAT IS CORRECT.
AND HAS KEVIN EVER THANK YOU MR. BIRCH.
MAY I HAVE ONE MORE MINUTE TO WRAP UP ON MY TWO YEAR EXEMPTION? IS THERE, UH, ANY OBJECTION TO GIVING MR. BIRCH ONE MORE MINUTE? NO, YOU HAVE ANOTHER MINUTE, MR. BIRCH.
AND, AND MS. STON, UH, HAS, UH, KEVIN, UH, TO YOUR KNOWLEDGE EVER COMMITTED A VIOLATION OF CHAPTER 14 OF THE CITY CODE? NO.
UH, HAVE YOU RECEIVED THE TWO YEAR EXEMPTION IN THE PAST? YES.
AND, UH, HAVE YOU EVER HAD A, UM, UH, DANCE HALL LICENSE SUSPENDED, REVOKED, OR DENIED? NO.
UH, IN YOUR OPINION, UH, IS KEVIN ENTITLED TO A, TO YOUR EXEMPTION FROM THE LOCATIONAL RESTRICTIONS? I WOULD SAY ABSOLUTELY, ESPECIALLY BASED ON OUR PAST RECORD.
UH, I HAVE NO FURTHER QUESTIONS FOR MS. STON.
UM, MR. WILKINS, DO YOU HAVE ANY, UH, QUESTIONS FOR THIS WITNESS? NO QUESTIONS, MR. CHAIRMAN.
UH, WE'LL PROCEED WITH BOARD QUESTIONING FOR THREE MINUTES EACH.
UH, MS. AYALA, ANY QUESTIONS FOR THIS WITNESS? NO, I DON'T HAVE ANY QUESTIONS AT THE MOMENT.
UH, MS. WILLIS? NO QUESTIONS MS. TO I, UM, GOOD MORNING, MS. BANKSTON.
WHAT TIME, WHAT TIME DOES SWELLING, UM, OPERATE? DOES IT OPERATE UNTIL 4:00 AM AT THE MOMENT? WE ARE OPEN, UH, TUESDAY THROUGH, UH, I'M, I'M SORRY, WEDNESDAY THROUGH SUNDAY.
UM, OF COURSE, DURING THE WEEK, UH, WEDNESDAY, THURSDAY, OR A LITTLE BIT QUIETER NIGHTS.
SO THEY CLOSE BASED ON THE CROWD THAT THERE IS.
UM, OF COURSE ON THE WEEKENDS IT IS MUCH BUSIER.
AND SO AGAIN, UM, UH, THEY CAN GO TO FOUR O'CLOCK, BUT SOMETIMES IT'LL BE THREE 30, SOMETHING OF THAT NATURE BASED ON THE CROWD.
UM, AND THEN YOU MENTIONED, YOU MENTIONED A DECREE DECREASE IN REVENUE FROM ABOUT 30 TO 40%.
UM, AND THAT COMES FROM THE NON-ALCOHOLIC BEVERAGES THAT YOU'RE SELLING FROM? WELL, TWO TO 4:00 AM IT'S A COMBINATION.
UM, IF WE DID, WERE NOT BRINGING IN THAT REVENUE, WHICH IS QUITE LARGE.
UM, BUT IT'S ALSO THE FACT THAT IT WOULD DETER PEOPLE FROM COMING, SAY AT MIDNIGHT, WHERE ON THE WEEKENDS WE HAVE A COVER CHARGE, SO WE LOSE LIQUOR, SALES DOOR CHARGES AND, UH, THE NON-ALCOHOLIC BEVERAGES FROM TWO TO FOUR.
SO YOU DO HAVE A COVER CHARGE O ON WE YES, MA'AM.
UM, ALL NIGHT UNTIL 4:00 AM UH, COVER CHARGE? YES.
UH, ABOUT THREE O'CLOCK THEY WILL CUT THE COVER CHARGE OFF, BUT YES, MA'AM, THROUGH THE NIGHT.
AND THEN MY LAST QUESTION IS, UM, REGARDING THE SOUND ON THE BUILDING MM-HMM.
AND THAT'S FOR ALL OF THE CLUBS ON THE BLOCK THAT WE, THAT WE OWN.
IT, IT WAS VERY MUCH, IT WAS VERY MUCH, UM, MONITORED BY THE CONSTRUCTION PEOPLE SO THAT WE HAD THAT.
I JUST WASN'T SURE IF YOU HAD ANYTHING IN WRITING.
[00:45:04]
NOT AS I, I, I MEAN, I'M TESTING OR I'M NOT QUITE SURE WHAT YOU'RE INDICATING THAT YOU'RE LOOKING FOR.UM, AND I THINK THAT WAS, I HAD A QUESTION, WHAT IS A MIXED USE? YOU SAY YOU MENTIONED THAT, BUT I WASN'T SURE WHAT THAT WAS.
WHAT A, WHAT A MIXED U I'M SORRY, EXCUSE ME.
WHAT A MIXED USE AREA IS, WHICH IS THIS AREA.
AREA IS, IT'S RESIDENCES, IT'S ENTERTAINMENT, IT'S, UH, SHOPS, IT'S, UH, ALL OF THAT IN THE SAME AREA, WHICH IS A VERY WALKABLE AREA.
AND THAT'S WHY IT'S CALLED MIXED USE.
NOW I HAVE ONE AREA OF QUESTIONING.
TYPICALLY, WHEN WE REVIEW THESE PERMIT LATE HOUR PERMITS THAT ARE DENIED BECAUSE OF A THOUSAND FOOT RESTRICTION, WE'RE GIVEN AN AERIAL MAP OF THE AREA, SO WE CAN KIND OF GET A SENSE OF WHAT WE'RE LOOKING AT.
HOWEVER, THIS PARTICULAR CASE SEEMS TO DEVIATE IN THAT THERE'S AN ACKNOWLEDGEMENT THAT APPARENTLY THERE ARE HUNDREDS OF PEOPLE WITHIN, WELL, LESS THAN ABOUT FEET.
I HAVE PARTICULAR CONCERN ABOUT TWO THAT YOU SHOW IN YOUR OWN EXHIBIT.
THE, UM, DAISY POLK INN MM-HMM.
STAYED IN YOUR EXHIBIT, ARE LOCATED IMMEDIATELY BEHIND THE AREA.
ARE THE OWNERS OF THESE TWO PROPERTIES SIGNATORIES TO 245 SIGNATURE PETITION? YOU? WELL, WHAT I CAN TELL YOU IS THAT THEY HAVE BEEN, DAISY POLK INN HAS BEEN THERE 15 TO 20 YEARS.
I, I, I, I ACTUALLY DON'T KNOW FOR SURE.
UH, MR. QUINT, DO YOU HAVE ANY, UH, QUESTIONS? I JUST HAVE A COUPLE CHAIRS.
UM, MS. BEN B UH, STON, WHEN WILL Y'ALL BE MOVING TO THE MIXED USE DEVELOPMENT? UM, THE GENTLEMAN, UH, UH, MR. UH, UH, ALON WHO BROUGHT, WHO BOUGHT THE PROPERTY MM-HMM.
HE'S LOOKING FOR BETTER INTEREST RATES.
SO IT WILL PROBABLY, HE'S INDICATED WILL BE WITHIN THE NEXT YEAR TO TWO YEARS, DEPENDING ON THE INTEREST RATES BEFORE HE STARTS CONSTRUCTION.
WILL HE GONNA KEEP HIS FINGERS CROSSED THEY GO DOWN, SO TO SPEAK? YES, SIR.
SO ALONG THAT SAME LINE, UM, REGARDING SOUND, BECAUSE I THINK THAT'S THE, THE BIGGEST IMPEDIMENT THAT, THAT MOST OF US MIGHT BE THINKING.
UM, WILL YOU BE ACTIVELY WORKING WITH THE CONSTRUCTION COMPANY TO ENSURE THAT YOU HAVE AT LEAST THE SAME AMOUNT OF SOUNDPROOFING, IF NOT MORE? UM, UH, MR. WYNN, WHO IS OUR, UH, C E O AND MR. ALON WHO OWNS THE PROPERTY NOW, THEY ARE IN CONSTANT, UH, UH, NEGOTIATIONS ABOUT THAT AND FOR THE REASON OF BEING, UM, RESIDENCE RESIDENTS IN THOSE, THE TOWERS THAT ARE GOING UP BEHIND US.
UM, AND PART OF THE DEAL THAT WAS MADE WHEN HE BOUGHT, UH, THE AREA WAS THAT THE CLUBS WERE LEFT INTACT AND THAT THEY WERE NOT TORN DOWN FOR, YOU KNOW, HIGH RISES.
SO IT'LL BE A COMBINATION TOGETHER, AND HE KNOWS THE IMPORTANCE OF KEEPING HIS, UH, RESIDENTS WHO WILL BE MOVING IN, UM, COMFORTABLE AND NOT BEING AFFECTED BY THE FAR SITUATION.
SO I GUESS THAT BEGS THE QUESTION, DO YOU HAVE ANY ASSURANCES FROM MR. ALON THAT THE SOUNDPROOFING WILL BE AS GOOD, IF NOT BETTER? ABSOLUTELY, BECAUSE ANY RESIDENT THAT COMES IN, THEY'RE GOING TO BE AWARE THAT THE CLUBS ARE THERE AND HAVE BEEN THERE FOR A VERY, VERY LONG TIME.
BUT MR. ALON HAS GUARANTEED THAT HIS BUILDINGS WILL, UH, PROTECT HIS RESIDENCE FROM ANYTHING THAT MIGHT BE, BUT THE SOUND THAT COMES OUT OF OUR BUILDINGS, YOU CAN GO TO THE BACK OF THE BACK PARKING LOT AND YOU CANNOT HEAR THE SOUND.
'CAUSE IT SOUNDS LIKE YOU HAVE MADE THE THE CLUB NOW TOTALLY
[00:50:01]
SOUNDPROOF.UM, I APPRECIATE YOUR ANSWERS AND THANK YOU, MA'AM.
MR. UH, QUICK MS. SHIN, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS AT THIS TIME.
UH, MS. BANKSTON, I JUST HAVE ONE QUESTION.
UM, THE, THE DAISY POLK INN WAS BROUGHT UP.
UM, I UNDERSTAND THAT YOU DON'T KNOW IF, IF THEY SIGNED THE PETITION, BUT HAVE YOU HAD ANY CONVERSATIONS WITH THE OWNERS THERE ABOUT, UH, THE CLUB AND SPECIFICALLY WHETHER THEY'RE BOTHERED BY THE NOISE OR THE LATE HOURS? WELL, ACTUALLY, UM, THEY'RE VERY GOOD CUSTOMERS OF OURS AND, UM, LIKE I SAID, THEY'VE, THEY'VE BEEN THERE 15, 20 YEARS AND HAVE BEEN, UH, EXCELLENT NEIGHBORS AND HAVE ALSO BEEN EXCELLENT CUSTOMERS.
SO THEY ABSOLUTELY HAVE NO PROBLEM WITH THE CLUBS.
SO, SO YOU HAVE NO DOUBT THAT THEY'RE AWARE OF THIS LATE HOURS PERMIT PROCESS? RIGHT.
I MEAN, YEAH, THEY'RE, THEY'RE VERY AWARE THAT WE'VE HAD LATE HOURS ALL THESE YEARS AND, UM, I CAN'T, THEY'VE NEVER, AND I, YOU KNOW, I'M NOT EXAGGERATING.
THEY'VE, THEY'VE NEVER MADE ANY COMPLAINT TO US OR CAN YOU FIX THIS OR CAN YOU DO THAT? I MEAN, IT, IT HAS NEVER BEEN A PROBLEM.
IF, IF THEY DID, WOULD YOU? OH, ABSOLUTELY.
UM, ARE THERE ANY MEMBERS THAT HAVE ANY ADDITIONAL QUESTIONS OR FIRST ROUND IF YOU HAVEN'T ASKED QUESTIONS, I'LL GO THROUGH THE LIST AGAIN.
UH, MS. AYALA? NO QUESTIONS MS. WILLIS? NO, NOT AT THIS TIME.
MS. TORRES, OH, I JUST
UM, MS. BANKSTON, HOW WERE, HOW DO YOU GO ABOUT GETTING SIGNATURES? LIKE, DID YOU GUYS HAVE LIKE A NEIGHBORHOOD MEETING? DID YOU DO DOOR TO DOOR GO? HOW DID YOU OBTAIN THE, THE, UH, STAFF OF SUE ELLENS? UM, THEY WENT DOOR TO DOOR AND TO ALL OF THE BUSINESSES UP AND DOWN CEDAR SPRINGS.
UM, AND THEY DO TAKE ALONG, UH, INDIVIDUALS WHO CAN SPEAK, UH, SPANISH, UH, IF NEED BE.
UM, AND IT'S, YEAH, IT'S BY FOOT.
THEY GO ON FOOT AND, AND TALK TO PEOPLE.
MR. NIK DID A NICE FOLLOW UP ON MY CONCERN ABOUT SUE ELLENS, THAT'S A, OR NOT SUE, ELLENS DAISY POLK.
HOW ABOUT THE FAMILY RESIDENCE THAT'S LOCATED DIRECTLY BEHIND YOU? HAVE YOU HAD ANY INTERFACE WITH THE OWNERS OF THAT HOUSE AND WHAT'S BEEN THE NATURE OF THAT INTERFACE? NO, WE'VE NEVER HAD A PROBLEM WITH THEM.
AND THAT WAS ONE OF THE THINGS THAT I WANTED TO SHOW WITH THE, THE PICTURES, UH, OF BOTH BUSINESSES AND RESIDENCES THAT ARE IN THE BOOKLET IS A LOT OF YOU HAVE SEEN THOSE PICTURES YEAR AFTER YEAR, THE SAME PLACES, PLUS THE NEW PLACES.
SO IT, IT, IT SHOWS THAT PEOPLE DON'T MOVE AND WE DON'T HAVE A PROBLEM WITH THE, WITH THE HOUSE BEHIND US.
THANK YOU, MR. QUINT, DO YOU HAVE ANY MORE QUESTIONS? NO, SIR.
MS. SHIN, DO YOU HAVE ANY QUESTIONS? NO, THANK YOU.
WE WILL NOW PROCEED TO THE CITY'S PRESENTATION, UH, AND WE RESERVED YOUR OPENING SO YOU CAN BEGIN WITH YOUR OPENING IF YOU'D LIKE, OR YOU CAN JUST GET RIGHT INTO IT.
I'LL, I'LL, I'LL BRIEFLY SET THE SCENE, IF YOU WILL, MR. CHAIR.
UM, SO, UH, UH, LATE HOURS PERMIT IS SOMETHING WHICH WE NEED BY THE POLICE DEPARTMENT.
UH, IT'S NOT A DISCRETIONARY, UH, ACTIVITY, BUT IT'S, IT'S, IT'S A MANDATORY ONE IF YOU NEED THE REQUIREMENTS TO GET IT, IF, IF THERE ARE ANY REASONS TO DENY IT, IT'S DENIED.
UM, UH, BEING LOCATED WITHIN A THOUSAND FEET OF A LOT, UH, DEDICATED TO RESIDENTIAL USE IS,
[00:55:01]
UH, MANDATORY DENIAL.BUT THE CODE ANTICIPATES THAT THERE ARE LOTS OF, OF, UH, NIGHTTIME BUSINESSES THAT ARE LOCATED POST TO, UH, RESIDENTIAL USES.
AND SO THE MECHANISM THAT THE CITY PROVIDES, UH, TO EXERCISE DISCRETION, THAT'S OF COURSE THE BOARD.
UM, THE, UH, APPELLANT HAS PUT ON, UH, TESTIMONY THAT THERE'S NO DETRIMENTAL EFFECT.
WE'RE NOT GONNA CONTROVERT THAT TESTIMONY.
UH, THEY PUT ON TESTIMONY THAT IT WON'T DOWNGRADE PROPERTY VALUES.
WE'RE NOT GONNA CO CONVERT THAT.
UH, THEY PUT ON TESTIMONY THAT, UH, IT'S NOT, UH, WELL, I, WE, WE, WE DON'T ASSERT THAT IT'S, UH, CONTRARY TO ANY PROGRAM OF NEIGHBORHOOD CONSERVATION OR WILL INTERFERE WITH EFFORT AT URBAN RENEWAL OR RESTORATION.
AND I WILL CALL DETECTIVE MONTREAL WHO WILL, UH, PROVIDE TESTIMONY THAT IS NOT CONTRARY TO PUBLIC SAFETY.
UM, SO, UH, CITY CALLS DETECTIVE, PLEASE STATE YOUR NAME FOR THE RECORD.
AND HOW ARE YOU EMPLOYED? EMPLOYED WITH THE DALLAS POLICE DEPARTMENT LICENSING UNIT.
HOW LONG YOU'VE BEEN EMPLOYED IN THAT CAPACITY? I'VE BEEN EMPLOYED WITH THE DALLAS POLICE DEPARTMENT FOR 20, 26 YEARS.
BEEN WORKING WITH THE, UH, VICE LICENSING UNIT FOR APPROXIMATELY TWO AND A HALF YEARS.
AND WHAT ARE YOUR RESPONSIBILITIES IN THE VICE UNIT? UH, PART OF, UH, PART OF MY RESPONSIBILITY IS TO REPRESENT THE CHIEF POLICE IN ED LICENSEE APPEAL BOARDS HEARING REGARDING DENIALS AS, UH, CHAPTER 14.
A LOT OF THOSE ARE GONNA BE, UH, UH, REVIEWING APPLICATIONS FOR, UH, THAT'S ALL LICENSES, UH, LATE HOUR APPLICATIONS, UM, WITH CALL LICENSES, UM, SEND LICENSES AS WELL AS WE SO YOU REVIEW APPLICATIONS FOR LAID OUT PERMIT? CORRECT.
WE REVIEWED ALL THE, AND DID YOU REVIEW THIS APPLICATION? YES, I DID.
SO, ATTORNEY PAV ONE IN THE CITY'S BINDER, UM, CAN YOU BRIEFLY, UH, DESCRIBE FOR THE BOARD THE APPLICANT'S, UH, APPLICATION HISTORY? I, UH, SET UP THE HISTORY, UH, STARTED IN 2000, UH, 19.
I DIDN'T WANNA GO ALL THE WAY BACK TO, UH, EVER SINCE THEY'VE BEEN ESTABLISHED.
BUT IN, UM, OCTOBER OF 2019, THE PIPE DURING GRANTED THEN MAYBE TWO YEAR LATE HOUR EXTENSION, UH, LATE LATE HOUR WAS EXPIRING ON THE OCTOBER OF 2021.
UM, JUNE OF 2021, UH, DANCE HALL LICENSE WAS APPROVED.
LATE HOURS WAS FROM, UH, DENIED.
UH, LATE HOURS WERE EXPIRED ON 2021 ON JUNE OF 2021, LATE HOUR DENIAL LETTER WITH
BUT HERE, GRANTED THE, UH, RELEVANT A TWO YEAR LATE HOUR EXTENSION OCTOBER, UH, UNTIL WE DANCE, ALL LATE HOUR RENEWAL AFTER
UH, THAT'S ALL APPROVED LATE HOURS
UM, AND THEN THIS IS WHERE WE'RE AT NOW.
SEPTEMBER 23,
SO WHAT IS THE REASON FOR DENIAL THIS TIME AROUND? REASON FOR DENIALS? UH, THERE WAS, IT WAS AUTOMATIC.
IT'S A, UH, WE DON'T HAVE ANY DISCRETION, BUT PROPERTY OR THE BUSINESS LIFE.
AND, UM, TURNING TO TAB SEVEN, UM, DOES THIS TAB DOCUMENT CALLS FOR SERVICE AT SUE OWENS? CORRECT.
I DOCUMENTED THE CALL FOR SERVICE FOR A APPROXIMATELY A YEAR, AND I USED THOSE DATES OF JULY 22 THROUGH JULY, 2023, ONLY 'CAUSE THAT WAS DURING THE TIME THAT, UH, RECEIVED THE APPLICATION, THE, UH, RENEWAL APPLICATION.
UH, I WENT BACK AND, UH, WHAT I FOUND WAS THAT THERE WAS ONLY 22 CALLS TO A 9 1 1 22 9 1 1 CALLS.
AND HOW WOULD YOU CHARACTERIZE THE AMOUNT OF CALLS FOR A BUSINESS SIDE? UH, VERY LOW.
UH, TOTAL OFFENSE REPORTS FROM THOSE 22 WAS EIGHT, WHICH IS VERY LOW.
UH, AND I ACTUALLY BROKE IT DOWN INTO BETWEEN THE 2:00 AM AND 4:00 AM WHICH IS YOUR LATE HOURS.
THERE WAS ONLY THREE OF THOSE THREE, THERE WAS ONLY TWO REPORTS, UH, ME.
[01:00:01]
TWO REPORTS MADE OUT OF ALL THOSE FOR THAT ONE YEAR TO BE EXTREMELY LOW.SO TURNING TO TAB NINE, IS THIS THE, THE, THE DETAIL OF THE, OF THE TWO LATE HOURS REPORT? CORRECT.
UH, TURNING TO TAB NINE, UH, DETAIL OF THE TWO REPORTS WERE A UNKNOWN SUSPECT KEY, THE VEHICLE, WHICH AGAIN, IT WAS REPORTED BY THE STAFF MEMBERS FROM THE, UH, CLUB.
UH, SECOND ONE WAS A LOST PROPERTY FIRST.
THAT WAS LATER ACTUALLY, UH, FOUND BY THE STAFF MEMBERS FROM THE
AND, AND IS IT FAIR TO SAY THE KEY VEHICLE PROBABLY ACTUALLY DID NOT FEED IN THE CLUB, BUT PERHAPS IN THE SHERIFF PARKING LOT? TRUE.
UM, SO IN, IN OTHER WORDS, IT GENERATED REALLY ONE REALLY GENERATED ONE, WHICH THE LAST PURSE THAT WAS FOUND, RIGHT? CORRECT.
UM, SO AGAIN, HOW WOULD YOU CHARACTERIZE THE LEVEL OF INCIDENTS, YOU KNOW, BETWEEN TWO AND FOUR AT A BUSINESS LENGTH? YES, VERY LOW.
THE LEVEL OF INCIDENTS DURING THAT TIME, UH, TWO TO FOUR WERE VERY LOW, EXTREME LOW.
WOULD YOU SAY THAT THERE'S A PATTERN OF CRIME AT THIS LOCATION? I CAN'T SAY THAT THERE'S NOT A PATTERN.
ASIDE FROM THE LOCATIONAL RESTRICTION BEING WITHIN 1000 FEET OF THE RESIDENCE, IS THERE ANY OTHER REASON TO DENY THE DANCE HALL LATE HOURS PERMIT? NO.
THERE, SIR, IF THEY HAVE THE LATE HOURS PERMIT, DO YOU THINK IT WOULD BE CONTRARY TO PUBLIC SAFETY? NO.
MR. BIRCH, DO YOU HAVE ANY QUESTIONS FOR, UH, DETECTIVE RE UH, MR. BIRCH? I THINK YOU ARE ON MUTE.
UH, I DO NOT HAVE ANY QUESTIONS FOR, UH, DETECTIVE MONTE AND, AND THANK HIM FOR HIS TIME.
UM, WE'LL PROCEED WITH BOARD QUESTIONING THEN, BEGINNING WITH, UH, MS. AALA.
DO YOU HAVE ANY QUESTIONS FOR THE DETECTIVE? NOT AT THE MOMENT.
UH, MS. WILLIS, DO YOU HAVE ANY QUESTIONS FOR THE DETECTIVE? NO, I DON'T.
MS. TORRES, DO YOU HAVE ANY QUESTIONS FOR THE DETECTIVE? NO QUESTIONS.
THANK YOU FOR BEING HERE, HERE, DETECTIVE.
I HAVE MY THANKS AS WELL, DETECTIVE.
MR. QUINT, NO QUESTIONS AND THANK YOU, DETECTIVE FOR BEING HERE TODAY, MS. SHIN.
UM, FIRST, THANK YOU FOR BEING HERE TODAY, DETECTIVE.
UM, AND I'M NOT SURE IF IT'S YOU OR MR. WILKINS WHO MAY ANSWER THIS, BUT, UM, WE'VE HEARD TESTIMONY TODAY THAT THE LOCATION OF SUE ELLENS MAY CHANGE IN THE NEXT TWO YEARS WITH OUR DECISION TODAY.
IF WE APPROVE, UM, THEIR HOURS PERMIT, IS IT DEPENDENT ON THE BUSINESS OR THE ADDRESS THAT THEY'RE LOCATED AT CURRENTLY? UH, THI THIS MIGHT BE A QUESTION FOR GENERAL COUNSEL, BUT I, I AM THE, THE NIGHTTIME ENTERTAINMENT COMMITTEE PROSECUTOR.
MY UNDERSTANDING IS THAT IT'S THE APPLICANT AT THE LOCATION.
SO IF THE APPLICANT MOVES, THEY'VE GOTTA GET A NEW ONE.
IF SOMEBODY ELSE COMES INTO THE LOCATION, YOU BETTER GET A NEW ONE.
UH, THANK YOU, UH, DETECTIVE, I'VE JUST GOT ONE QUESTION FOR YOU.
AND THIS MAY SOUND SILLY, BUT I, I MEAN, DO YOU HAVE ANY CONCERNS AT ALL ABOUT THIS PROPERTY? IF, IF YOU HAD TO, YOU KNOW, THIS IS LIKE THE JOB INTERVIEW QUESTION.
LIKE, WHAT'S, WHAT'S YOUR WORST QUALITY? IF YOU HAD ANY CONCERNS AT ALL ABOUT THIS, UH, LATE HOUR PERMIT BEING GRANTED, WHAT WOULD THEY BE? IF I HAD ANY CONCERNS WITH BEING SECURITY, AND I BELIEVE THAT THEY'RE, UH, DOING THEIR JOB,
UH, THEY DO HAVE THE SECURITY OUT THERE, THERE ARE, UH, THAT THEY, THEIR KIOSK CAN GO TO, WHICH IS GREAT.
I MEAN, YOU HAVE TO, LIKE, ARE YOU ABLE GO TO THE SECURITY, SECURITY THAT ARE ROAMING AROUND AND PERFORMING ANY TYPE OF REPORTS? THAT'S ALL I DO.
THEY WANT SOMEBODY TO BE ABLE TO HAVE THAT COMMUNICATION WITHIN.
AND POLICE, IT SEEMS LIKE THEY, THEY ARE WORKING TOGETHER.
WE CAN HAVE A SECOND ROUND OF QUESTIONING FOR ANYBODY WHO ASKED.
WE'LL JUST GO THROUGH IT QUICKLY.
MS. TORRES? NO QUESTION MR. HAYES? NO QUESTIONS.
[01:05:01]
ALL RIGHT.UM, THE, OH, WELL, UM, MR. WILKINS, DO YOU STILL HAVE TIME? DO YOU HAVE ANY OTHER WITNESSES? THE CITY RESTS.
UH, WE DO HAVE TIME FOR, UH, CLOSING STATEMENTS IF ANYBODY BELIEVES A CLOSING STATEMENT IS NECESSARY.
MR. BIRCH, UH, I BELIEVE YOU'RE ON MUTE, SIR.
IF I COULD HAVE LIKE THREE MINUTES FOR A CLOSING, I THINK THAT WOULD BE GREAT.
UM, I WANNA THANK THE BOARD AGAIN FOR THEIR ATTENTION TODAY AND THEIR CONSIDERATION.
UH, THERE WERE SOME QUESTIONS EARLIER IN THE, UH, UH, UH, FROM THE, UH, BOARD CONCERNING THE RESIDENCE THAT WAS BEHIND, UH, SUE ELLENS ON DICKINSON STREET.
UH, IF YOU WANNA LOOK AT THAT, THAT LOCATION, IT'S AT PAGE 68, UH, OF OUR BOOKLET, UH, UNDER TAB FOUR, UH, THAT IS, IS LITERALLY A MILLION DOLLAR HOUSE THAT SOMEONE HAS BUILT BEHIND SUE ELLENS WHILE SUE ELLENS HAS BEEN IN OPERATION, WHILE THEY HAVE HAD A LATE HOURS PERMIT.
UH, AND I CAN'T IMAGINE THAT SOMEBODY WOULD PUT THAT KIND OF INVESTMENT IN A HOUSE, UH, IF THEY HAD ANY CONCERNS ABOUT NOISE.
UH, AND THEN ALSO THERE WAS A QUESTION RAISED ABOUT THE, UH, MIXED USE DEVELOPMENT, UH, FAR FROM BEING A PROBLEM, UH, FOR THE MIXED USE DEVELOPMENT THAT THAT IS BEING PLANNED.
UH, IT, THE MIXED USE DEVELOPMENT IS BEING PLANNED SPECIFICALLY TO INCORPORATE, UH, SUE ELLENS AND THE OTHER CABIN CLUBS, UH, AS PART OF THE ENTERTAINMENT VALUE AND AS PART OF THE MIXED USE.
UM, AND WE DIDN'T GET, WE DIDN'T HAVE TIME TO GO INTO THAT WITH MR. GWEN, BUT, UH, THE, THE, IT'S PRETTY CLEAR THAT, UH, FAR FROM DE BEING A DETRIMENT TO THAT DEVELOPMENT, UH, IT IS PART OF THE DRIVING FORCE BEHIND IT.
UH, SO WITH THAT, I THINK WE QUALIFY FOR THE, UH, EXEMPTION.
I, I DO THINK THAT IT, UH, IS APPROPRIATE TO GIVE US A TWO YEAR EXTENSION, UH, BECAUSE WE MEET ALL OF THE REQUIREMENTS FOR A TWO YEAR EXTENSION.
UH, AND AGAIN, I THANK YOU FOR YOUR TIME AND, UH, HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD HAS.
WILKINS, DO YOU HAVE A CLOSING? CITY? WAVES CLOSING.
UH, WE'LL NOW MOVE ON TO, UH, BOARD DISCUSSION.
IS THERE A MOTION FROM THE BOARD REGARDING THE CHIEF'S DENIAL OF THE DANCE HALL LATE HOURS PERMIT FOR SUE ALLENS? MS. TORRES, DO YOU HAVE A MOTION? UM, YES.
I'D LIKE TO MOVE TO APPROVE THE EXEMPTION TO THE LATE HOURS PERMIT FOR
UH, CONTINGENT ON THE FACT THAT THEY'RE MOVING SITUATION, RIGHT.
SO I HAVE A MOTION BY MS. TORRES TO REVERSE THE DECISION OF THE CHIEF OF POLICE AND GRANT THE EXEMPTION.
IS THERE A SECOND? SECOND, MR. QUINT? UH, WE'LL NOW HAVE DISCUSSION ON THE MOTION, BEGINNING WITH MS. TORRES SINCE IT'S YOUR MOTION.
UM, JUST BASED ON THE EVIDENCE, YOU KNOW, I'D LIKE TO BEGIN WITH THE FACT THAT THIS IS MORE ALONG THE LINES, UM, OF AN AUTOMATIC DENIAL.
UM, BUT WE WERE FLOODED WITH EVIDENCE, UH, ABOUT SUE ELLENS BEING AN INTEGRAL PART OF THIS COMMUNITY AND JUST GIVING BACK TO THE COMMUNITY WITH, YOU KNOW, LETTERS FROM LOCAL, UM, NONPROFITS, LETTERS FROM THE SCHOOL.
AND THOSE ARE VERY TELLING, YOU KNOW, WE ALSO HAVE EVIDENCE OF LIKE, KIDS WRITING LETTERS OF HOW GRATEFUL THEY ARE.
UM, SO I DEFINITELY WANT TO, UM, SAY THANK YOU TO SWELLS FOR THAT AND ENCOURAGE THAT CONTINUED SUPPORT OF THE COMMUNITY.
UM, SO ALSO, YOU KNOW, THERE THE WHOLE SOUNDPROOF, IT DOES LOOK LIKE IT IS SOUNDPROOF.
I WOULD SAY THAT IT WOULD BE INTERESTING TO SEE IN TWO YEARS, UH, MORE AN ENGINEERING EVIDENCE OF THAT.
JUST SOME SOUNDPROOF EVIDENCE THAT WE CAN HAVE ON PAPER.
UM, ALSO THE CALLS WERE LOW BASED ON THE POLICE DEPARTMENT.
THEY GOT A LOT OF SUPPORT FROM THE COMMUNITY, FROM
[01:10:01]
THE, UM, SIGNATURES.SO FOR THAT REASON, I DO BELIEVE, UM, I SUPPORT MY MOTION.
IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? I WOULD POINT OF ORDER IF THE MOTION AS STATED THE TERM OF TWO YEARS, THE EXTENSION
DO YOU HAVE AN AMENDMENT? I AMEND THE MOTION FOR PLEA OF THE EXTENSION TWO.
UH, WE HAVE AN AMENDMENT, UH, BY MR. HAYES TO MAKE THE APPRO THE EXEMPTION FOR TWO YEARS.
UH, IS THERE A SECOND FOR THE AMENDMENT? SECOND THAT ALRIGHT, UM, BEGUN THE AMENDMENT.
NO, I WAS JUST A TECHNICALITY.
UH, IS THERE ANYBODY WHO'D LIKE TO SPEAK ON THE AMENDMENT? WE CAN VOTE ON THE AMENDMENT.
UM, JUST, UM, I AGREE WITH THE AMENDMENT.
UH, IF THERE'S NO ONE ELSE WHO'D LIKE TO SPEAK ON THE AMENDMENT, LET'S VOTE TO AMEND THE MOTION TO MAKE THE EXEMPTION FOR TWO YEARS.
SO THE MOTION IS AMENDED TO REVERSE THE DECISION OF THE CHIEF OF POLICE AND GRANT SUE ALLENS A TWO YEAR EXEMPTION, UH, TO THE LATE HOURS, UH, PERMIT REQUIREMENT.
UM, SO MS. HEES, CAN YOU CONFIRM WHETHER, IF WE GRANT THE EXEMPTION, SINCE WE'RE NOT TALKING ABOUT A TWO YEAR EXEMPTION, IF WE GRANT THAT IT WILL ALSO APPLY TO THE NEW SUE ELLENS WHEN THAT'S BUILT? I, I, I'D LIKE TO CLARIFY SOMETHING.
THERE'S NOT GONNA BE A NEW SUE ELLENS BUILT.
THE, THE BUILDING IS GOING THE MIX, THE RESIDENTIAL PART OF THE, IS GONNA BE BUILT IMMEDIATELY BEHIND SUE ELLENS AND THEY'RE JUST GONNA BUILD KIND OF A, UM, UH, A, A COVER PARKWAY BETWEEN THE TWO.
BUT SUE ELLENS IS NOT MOVING ANYWHERE AND, AND WE DON'T ANTICIPATE ANY SUBSTANTIAL MODIFICATIONS TO IT OTHER THAN PERHAPS IMPROVEMENT IN THE SOUNDPROOFING IF REQUESTED BY THE, UH, UH, OWNER OF THE BUILDING.
SO WITH, WITH THAT UNDERSTANDING, WOULD THE, WOULD THE TWO YEAR EXEMPTION CONTINUE FOR THEM? YES.
SO THIS IS MARISSA HEINZ AT THE CITY ATTORNEY'S OFFICE.
SO THE PERMIT DOES INCLUDE BOTH THE APPLICANT AND THE LOCATION.
'CAUSE THE LOCATION IS IMPORTANT REGARDING THE PERMITTING PROCESS.
UH, BUT IF THEY'RE NOT MOVING LOCATION, THEN EVERYTHING WOULD BE FINE.
SO WE ARE NOW BACK TO DISCUSSION ON THE AMENDED MOTION TO REVERSE THE DECISION OF THE CHIEF OF POLICE AND GRANT A TWO YEAR, UH, EXEMPTION FOR SUE ALLENS TO THE LATE HOUR, UH, REQUIREMENT.
UM, MOTION IS BY TORRES, SECONDED BY QUINT.
AND MS. TORRES, YOU HAVE SPOKEN ON IT.
IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE AMENDED MOTION? NOPE.
IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK IN FAVOR OF THE AMENDED MOTION? NOPE.
UH, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK ON THE NO.
UM, I WILL SPEAK ON THE MOTION AND I WILL JUST SAY, UH, AGAIN, THAT I APPRECIATE HOW I APPRECIATE THE PARTY'S BREVITY AND CONCISENESS AND THE EVIDENCE THAT WAS PRESENTED TO US.
I THINK THIS IS A GREAT EXAMPLE OF, UH, OF HOW THESE CAN BE DONE.
UM, AND I AM IN FAVOR OF THE MOTION.
THERE'S NO FURTHER DISCUSSION.
UH, AND SEEING NONE WILL PROCEED TO A VOTE.
ALL THOSE IN FAVOR OF REVERSING THE DECISION OF THE CHIEF OF POLICE AND GRANTING SUE ELLEN'S A TWO YEAR EXEMPTION REGARDING THE LATE HOURS PERMIT.
UH, ALL THOSE IN FAVOR PLEASE SAY AYE.
ALL THOSE OPPOSED, PLEASE SAY NAYYY.
[01:15:01]
A UNANIMOUS VOTE.UM, AND, UH, THE PERMIT LICENSE BILLBOARD WOULD NOW TAKE A 10 MINUTE RECESS.
UH, AND THOSE PARTIES THAT APPEARED, UM, FOR THE FIRST HEARING, YOU ARE OF COURSE FREE TO COME BACK OR NOT.
UM, I DO SEE THAT A JOSH IS LOGGED ON.
IS IS THAT YOUR WITNESS? IT IS.
AND I BELIEVE HE'S STILL HAVING TROUBLE WITH THE VIDEO FUNCTION.
I JUST CAN'T, WHEN I PUSHED THAT VIDEO, IT SAYS IT'S DISABLED.
IF YOU'RE SCROLLING THROUGH, 'CAUSE I DO SEE THAT YOU'RE ON YOUR PHONE.
IF YOU'RE ON ANOTHER, UM, APPLICATION ON YOUR PHONE, IT'S NOT GOING TO ALLOW YOU TO TURN ON YOUR CAMERA.
YOU ACTUALLY HAVE TO BE ON THE APPLICATION.
BUT I COULD CLOSE ALL THE REST OF THE TABS.
DO YOU HAVE THE OPTION AT THE BOTTOM FOR START VIDEO? YEAH, LET ME JUST CLOSE THE TABS AND I'LL TRY THAT ONE MORE TIME.
THAT VIDEO, IT SAYS, SENDING VIDEO IS DISABLED.
HEY JOSH, CAN YOU TRY THE SETTINGS ON YOUR IPAD ITSELF, THAT LITTLE ARROW NEXT TO THE START VIDEO BUTTON AND JUST GO TO VIDEO SETTINGS.
IT SAYS I HAVE MUTE START VIDEO, SHARE THE BLUETOOTH AND SOMETHING LIKE A SMILEY FACE WITH A PLUS.
SO IT'S ON THE START VIDEO BUTTON.
THAT SHOULD BE THE NEXT TO THE MUTE BUTTON.
THERE'S AN ARROW ON THAT, UM, CIRCLE.
SO WHEN I PUSH START VIDEO OR ON THAT ARROW IT SAYS SENDING VIDEO IS DISABLED.
BUT I'M ASKING IF YOU CAN SELECT THAT ARROW SO WE CAN GET, SEE IF MAYBE WE CAN TROUBLESHOOT THROUGH THE SETTINGS, THROUGH THE VIDEO SETTINGS IN SETTINGS THAT HAVE USED MOBILE DATA, LOW BANDWIDTH MODE BRIGHTNESS.
ALLOW EIGHT PEOPLE IN STAGE PICTURE ON PICTURE SHOW SELF ONLY WHEN VIDEO IS ON.
I COULD CHANGE THAT, THAT SURE.
I'M STILL SAYING I'M DISABLED.
BUT NOW I ACTUALLY SEE MYSELF.
SEE YOU ARE SENDING YOUR VIDEO.
OKAY, SO WHEN WE GET TO THE POINT OF, UM, YOU GETTING SWORN IN BECAUSE YOU DIDN'T GET SWORN IN DURING THE FIRST APPEAL, WE WILL HAVE TO SWEAR YOU IN DURING THIS ONE.
AND I'M JUST GONNA PUSH THAT VIDEO NOW.
JUST, I WANNA MAKE SURE IT'S WORKING.
IS THAT OKAY? UH, I WOULD RECOMMEND LEAVE IT ON.
AND MR. SINGAPORE, JUST TO VERIFY, HE IS THE ONLY WITNESS? THAT'S CORRECT? YES.
I, I'LL BE PRESENTING A SHORT OPENING, UM, A BRIEF ARGUMENT ON JUST THE DOCUMENTS PRESENTED.
AND THEN, UH, MR. CRAVEN IS A VERY SHORT WITNESS THAT WILL FOLLOW.
[01:27:50]
MR.[01:27:50]
BROOKS.UM, MAY WE GET YOU TO DO AN AUDIO AND VIDEO CHECK? I KNOW THAT YOU'RE A WITNESS FOR THE CITY SIDE.
UM, IS IT SHOWING MY VIDEO? I CAN HEAR YOU, BUT I DO NOT SEE YOUR VIDEO.
SO, AND IT, IT, YOU MAY NEED TO DO WHAT? UM, JOSH DID GO TO YOUR OH, I SEE, I SEE THE START VIDEO NOW.
WE ARE NOW READY TO GO BACK ON THE RECORD FOR THE SECOND APPEAL HEARING OF THE PERMIT AND LICENSE APPEAL BOARD FOR THE CITY OF DALLAS.
IT IS NOW 10 18 18 ON THURSDAY, SEPTEMBER 21ST, 2023.
AT THIS TIME I WILL DO A ROLL CALL, UH, AND WE'LL JUST GO THROUGH THE BOARD MEMBERS JUST TO MAKE SURE WE STILL HAVE A QUORUM AND SEE WHO'S HERE.
OH, AND I FORGOT MS. ARIANO STILL ABSENT.
[01:30:02]
ABSENT MR. JEFFS.AND, UH, I NOTE THAT MR. JEFFS ALSO WAS NOT HERE FOR THE FIRST PART OF THE MEETING.
AND JEFF, WE HAVE A QUORUM AND WE'LL PROCEED.
WE STILL HAVE THE BOARD'S GENERAL COUNSEL TO THE SECRETARY'S OFFICE, UH, AND THE APPELLANT'S REPRESENTATIVE FOR THIS HEARING.
AND UH, YOU HAVE ONE WITNESS, CORRECT? THAT'S CORRECT.
AND, UH, THE CITY ATTORNEY FOR THIS HEARING.
AND MS. GREEN, CORRECT? CORRECT.
AND WE HAVE, UH, DETECTIVE EK AND CORPORAL BROOKS.
UH, SENIOR CORPORAL BROOKS? YES.
UH, HAS EVERYBODY HAVE ALL THE WITNESSES BEEN SWORN IN? I BELIEVE MR. CRAVEN NEEDS TO BE SWORN IN.
UH, THEN MR. CRAVEN, I BELIEVE SENIOR CORPORAL BROOK ALSO NEEDS TO BE STANDING.
THEN, UH, WE WILL HAVE YOU BOTH SWORN IN.
WOULD YOU PLEASE RAISE YOUR RIGHT HAND SO YOU CAN BE SWORN BY THE CITY SECRETARY'S OFFICE.
DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU'LL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? I DO, I DO.
AND THIS IS THE APPEAL REQUEST OF V B A APARTMENTS APPEAL, THE NOTICE OF FINAL DETERMINATION OF THE HABITUAL CRIMINAL PROPERTY UNDER SECTION 27 DASH 48, THE DALLAS CITY CODE, THE BURDEN OF PROOF IS ON THE APPELLANT.
UM, MR. SINGAPORE, HOW MUCH TIME DO YOU ANTICIPATE NEEDING TO PRESENT THE CASE FOR V B A APARTMENTS? I'M, I'M SORRY, BROKE UP JUST BRIEFLY THERE.
MR. SINGAPORE, UH, HOW MUCH TIME DO YOU ANTICIPATE NEEDING TO PRESENT THE CASE FOR V B A APARTMENTS? I WOULD ANTICIPATE NEEDING FIVE TO 10 MINUTES AT THE START TO GO OVER THE OPENING AND KIND OF DOCUMENT EVIDENCE PREVIOUSLY SUBMITTED, AND NO MORE THAN 10 MINUTES OF, UH, MR. CRAVEN'S TIME.
SO APPROXIMATELY 20 MINUTES TOTAL.
AND, UH, MS. BONIA, HOW MUCH TIME DO YOU ANTICIPATE FOR THE CITY? I ANTICIPATE ABOUT FIVE MINUTES FOR AN OPENING AND, UH, ABOUT 40 MINUTES BETWEEN BOTH WITNESSES.
UH, I TELL YOU WHAT, LET'S SPLIT THE DIFFERENCE AND GIVE YOU BOTH 30 TO START WITH, AND IF YOU NEED MORE, THE BOARD CAN GRANT YOU AN EXTENSION.
UH, I'VE GOT ONE EXHIBIT FROM YOU, MR. SINGAPORE.
IS THAT CORRECT? UH, THAT'S CORRECT.
IT, IT, IT'S MULTIPLE EXHIBITS I SUPPOSE, BUT ONE P D F DOCUMENT, ONE, ONE DOCUMENT.
UM, AND, UH, THE SAME FROM THE CITY, IS THAT CORRECT? YES.
UH, ONE EXHIBIT WITH NINE PADS.
UH, THOSE HAVE BEEN ACCEPTED INTO EVIDENCE AND THEY'RE BOTH NUMBERED.
UH, WOULD THE CITY ATTORNEY PLEASE READ THE RELEVANT ORDINANCE? THANK YOU, CHAIRMAN.
THE RELEVANT ORDINANCE IS THAT A PROPERTY IS PRESUMED A HABITUAL CRIME PROPERTY IF THE PROPERTY IS THE SITE OF FIVE OR MORE AVAILABLE CRIMINAL ACTIVITIES WITHIN 365 DAYS, RESULTING IN EITHER A REPORT OF A LAW ENFORCEMENT AGENCY DOCUMENTING AN INVESTIGATION OF AN AVAILABLE CRIMINAL ACTIVITY ON THE PROPERTY OR ENFORCEMENT OF ACTION AGAINST ANY PERSON ASSOCIATED WITH THE AVAILABLE CRIMINAL ACTIVITY ON THE PROPERTY AND TO, UH, AT WHICH PERSONS HAVE
[01:35:01]
HISTORICALLY COMMITTED AVAILABLE CRIMINAL ACTIVITIES ACCORDING TO RECENT CRIME DATA.UH, WE WILL NOW HAVE, UH, OPENING STATEMENTS BEGINNING WITH V B A APARTMENTS.
MR. SINGAPORE, YOU'RE RECOGNIZED FOR FIVE MINUTES.
UM, I WANNA SAY GOOD MORNING TO THE BOARD AND UH, THANK YOU FOR THE OPPORTUNITY AND TIME TO PRESENT THIS APPEAL.
I HAVE ADMITTEDLY NOT READ THE OPEN LETTER, BUT GIVEN ITS CONTEXT AND TITLE, WE WILL DO OUR BEST TO STAY IN LINE WITH BEING CONCISE AND DIRECT AND RESPECTFUL OF YOUR TIME.
WE ARE HERE TO APPEAL ON BEHALF OF THE PROPERTY OWNER, THE HABITUAL CRIME PROPERTY DESIGNATION, UM, UNDER CHAPTER 27 48 OF THE DALLAS CITY CODE.
NOW, I'VE REVIEWED SEVERAL OF THESE VIDEOS IN THE PAST AND I'M, I KNOW THE BOARD IS WELL AWARE THAT THE STANDARD OF REVIEW HERE BEFORE THE BOARD ON AN APPEAL IS FAIRLY LIMITED IN THE SENSE OF WHAT THE BOARD CAN CONSIDER THE TIME PERIOD AND THE ACTION OR INACTION TAKEN BY A PROPERTY OWNER.
AS RESTRICTIVE AS IT MAY BE, WE ARE HERE AND WE'RE ACKNOWLEDGING THE STANDARD OF REVIEW BEFORE THE BOARD.
AND THE ONLY THING WE WOULD ASK THE BOARD TO DO IS TO EMPHASIZE THAT STANDARD AND MAKE SURE THE CITY HAS MET IT AS IT RELATES TO THE PRESUMPTION WHICH WE ARE TRYING TO REBUT.
NOW, THE PRESUMPTION EXISTS UNDER 27 48 IF THERE ARE FIVE OR MORE AAT CRIMES IN A 365 DAY PERIOD AS IT PERTAINS TO A PROPERTY.
THE PROPERTY OWNER CAN ALSO REBUT THAT PRESUMPTION IF ESTABLISHED WITH EVIDENCE THAT THEY TOOK MEASURES AS OUTLINED IN 27 49 TO ABATE AGAINST THE CRIMES THAT HAVE OCCURRED OR THOSE CRIMES THAT CONSTITUTE THE AAT CRIMINAL ACTIVITY DURING A 365 DAY PERIOD.
SO I THINK IT'S VERY IMPORTANT FOR THE BOARD'S CONSIDERATION DURING THIS APPEAL TO MAKE SURE WE FRAME THE STANDARD OF REVIEW AND THE ORDINANCE ITSELF WITH THE EVIDENCE THAT HAS BEEN SUBMITTED PREVIOUSLY TO THE BOARD AS IT MAKES ITS DETERMINATION.
THE FIRST COMPONENT OF THAT THAT I'D LIKE TO FORECAST FOR THE BOARD IS WHETHER THE PRESUMPTION HAS BEEN MET UNDER 27 48 OF THE DALLAS CITY CODE.
LET ME SHARE MY SCREEN HERE MOMENT QUICKLY, IF YOU DON'T MIND.
ARE YOU ALL ABLE TO SEE MY SCREEN? YES, WE ARE.
WELL, NEVERTHELESS, THE SITE PLAN IS ATTACHED AS PAGE FOUR IN THE P D F OF THE EVIDENCE THAT WE HAVE SUBMITTED TO THE BOARD AND DESPITE THE BLANK ON THE PAGE, UM, WHAT I WAS INTENDING TO DEMONSTRATE TO THE BOARD IS THAT THIS PROPERTY, THE VISTA BUENA APARTMENTS, IS FOUR PROPERTIES.
THERE ARE FOUR SEPARATELY PARCELED PROPERTIES THAT SPAN SEVERAL ACRES JUST OFF OF 75 IN NORTH DALLAS.
NOW CHAPTER 27, 3 28 OF THE DALLAS CITY CODE, WHICH APPLIES TO THE H C P DESIGNATION DEFINES, THERE WE GO.
PROPERTY PROPERTY IS DEFINED AS A SEPARATE LOT OR PARCEL.
THE EVIDENCE THAT'S BEEN SUBMITTED TO THE BOARD DEMONSTRATES THAT THESE ARE FOUR SEPARATE LOTS AND PARCELS.
IN FACT, THE CITY OF DALLAS HAS ATTEMPTED TO INSTITUTE ITS H C P CRIME, I'M SORRY, PENALTY OR FEE ONTO THE PROPERTY OWNERS AND CAN BE FOUND IN PAGES NINE THROUGH 12 OF THE EVIDENCE SUBMITTED, WHICH DEMONSTRATES THAT THEY HAVE FINED THESE PROPERTIES INDEPENDENTLY AS SEPARATE PARCELS IN THE CITY.
ACCORDINGLY, FOR THE PRESUMPTION TO HAVE BEEN MET, THEY'RE MUST CHAIRMAN.
I NEED TO BRING OUT THE, UM, I'M SORRY, WE'VE LOST, UH, VISIBILITY ON MR. OH SINGAPORE.
IT SEEMS WE'VE LOST YOUR CAMERA.
OH, WE CAN STILL SEE GREEN BUT CAN'T SEE YOU.
UH, I, LET ME, IF YOU, IF THE BOARD WOULDN'T MIND, I'M GONNA KEEP THE SCREEN UP FOR JUST A MOMENT.
UH, YEAH, BUT WE DO NEED YOUR CAMERA TO BE ON.
THAT'S ACTUALLY A STATUTORY REQUIREMENT FOR YOUR PARTICIPATION.
UM, IF, IF, IF YOU CAN'T, UH, IF YOU CAN'T DO BOTH AT THE SAME TIME, I CAN ASK, UH, MARY TO,
[01:40:01]
TO PUT UP WHATEVER SLIDES YOU NEED.UM, I SHOULD BE ABLE TO DO BOTH AT THE SAME TIME.
ARE YOU ALL ABLE TO SEE ME? YES, I CAN SEE YOU IN THE SCREEN AND I CAN SEE YES.
CHAPTER 40, CHAPTER 27 DEFINES PROPERTIES THESE SEPARATE PARCELS ACCORDINGLY, FOR THE PRESUMPTION TO HAVE BEEN DEAD, THERE MUST BE FIVE OR MORE AVAILABLE CRIMES AT EACH ONE OF THESE PROPERTIES.
ON THE LEFT SIDE OF THE SCREEN THAT YOU'RE REVIEWING IS A SUMMARY CHART THAT WE HAVE PREPARED OF THE INCIDENTS THAT ARE CONTAINED IN THE CITY'S EVIDENCE AS IT RELATES TO EACH ONE OF THESE FOUR PROPERTIES OUTSIDE OF THE PHASE ONE PROPERTY LOCATED OFF OF ESPERANZA ROAD.
THE OTHER SEPARATE PROPERTIES AND PARCELS HAVE NOT BEEN THE SITE OF FIVE OR MORE AAT CRIMES IN THE LAST 365 DAY PERIOD.
THERE HAVE BEEN LESS THAN FIVE FOR EACH ONE OF THOSE PROPERTIES.
TURNING NOW TO THE ACTUAL PROPERTY THAT HAD PURPORTEDLY FIVE AAT CRIMES IN A 365 DAY PERIOD.
THE ONES IN YELLOW, BASED ON THE STANDARD THAT IS SET OUT IN CHAPTER 27 48 ARE IN INAPPLICABLE OR DON'T COUNT TOWARDS THE FIVE AVAILABLE CRIMES.
THE FIRST ONE, WHICH IS INCIDENT 1 5 6 4 1 3, INVOLVES A DISCHARGE OF A FIREARM IN PRIVATE PROPERTY.
NOW CHAPTER 1 25 OF THE CIVIL PRACTICE AND REMEDIES CODE THAT DEFINES THE DEBATABLE CRIMES ONLY LISTS AN DEBATABLE CRIME FOR A DISCHARGE OF A FIREARM IN PUBLIC NOT ON PRIVATE PROPERTY.
THE REMAINING TO AS EVIDENCED IN THE CITY'S INCIDENT REPORT, THE ONES IN YELLOW, I SHOULD BE CLEAR, UM, OCCURRING ON AUGUST 31ST, 2022.
AND AT THE BOTTOM THERE ON MARCH 2ND, 2023 WERE DISPATCHED TO A DIFFERENT PROPERTY ADDRESS.
AND AT THE TIME THAT THE ASSAILANT FLED, THEY WERE ULTIMATELY CAPTURED ON THE PROPERTY THAT NEITHER MEETS THE DEFINITION OF A CRIME OCCURRING ON THE PROPERTY OR A PERSON THAT LIVES ON THE PROPERTY UNDER 27 4 8 TO CONSTITUTE AN DEBATABLE OFFENSE.
SO WHAT WE ARE LEFT WITH ARE THOSE CRIMES IDENTIFIED WITH THE ORANGE HIGHLIGHT.
THESE ARE THE AVAILABLE CRIMES THAT THE BOARD MUST LOOK AT TO DETERMINE WHETHER MEASURES WERE TAKEN BY A PROPERTY OWNER BETWEEN APRIL 2ND, 2022 AND FEBRUARY 25TH, 2023, AS TO AND IF THAT PROPERTY OWNER TOOK REASONABLE STEPS TO ABATE THESE PARTICULAR CRIMES THAT OCCURRED.
NOW, THE WAY TO REBUT THAT PRESUMPTION IS OBVIOUSLY CONTAINED IN 27 49 OF THE DALLAS CITY CODE, WHICH LISTS IMPORTANTLY A NON-EXCLUSIVE LIST OF FACTORS THAT THE BOARD MAY LOOK AT DURING THIS RELEVANT TIME PERIOD OF APRIL 22 TO FEBRUARY 23 TO DETERMINE WHETHER THE PROPERTY OWNER TOOK REASONABLE STEPS TO ABATE THESE DEBATABLE CRIMES CONSTITUTING THE H C P DESIGNATION.
SO AS THE BOARD HEARS THE EVIDENCE TODAY, BOTH AS IT REVIEWS THE DOCUMENTARY EVIDENCE SUBMITTED BY THE CITY AND THE PROPERTY OWNER, AS WELL AS TESTIMONY FROM ANY WITNESSES, IT'S IMPORTANT THAT THE BOARD STICK TO THE STANDARD AND RECOGNIZE THAT THESE ARE WHAT REASONABLE MEASURES COULD THE PROPERTY OWNER HAVE TAKEN TO ABATE THESE PARTICULAR CRIMES.
OKAY, MR. SINGAPORE, THAT'S YOUR TIME FOR THE OPENING.
UH, MS. STOP SHARING MY SCREEN.
UH, DO YOU HAVE AN OPENING THE CITY OF RESERVES? UM, OPENING STATEMENTS.
THEN WE WILL BEGIN THE PRESENTATIONS IN CHIEF.
UH, MR. SINGAPORE, YOU HAVE 30 MINUTES.
FOLLOW UP ON THE OPENING AND THE FRAMING OF THE STANDARD THAT'S BEFORE THE BOARD.
THE ONLY PROPERTY THAT HAS BEEN IDENTIFIED AND SUBMITTED IN THE EVIDENCE TO HAVE FIVE DEBATABLE CRIMES IN A 365 DAY PERIOD IS THE PROPERTY LOCATED OFF OF US HIGHWAY 75 AND COMMONLY REFERRED TO AS THE PHASE ONE OF THE FOUR DIFFERENT PHASES OF THIS APARTMENT COMPLEX.
AS I MENTIONED DURING THE OPENING, THE DALLAS CITY CODE HAS A NON-EXCLUSIVE
[01:45:01]
LIST OF FACTORS THAT THE BOARD LOOKS AT TO DETERMINE WHETHER OR NOT REASONABLE MEASURES WERE TAKEN BY A PROPERTY OWNER TO ABATE THE SPECIFIC CRIMES THAT HAVE OCCURRED.WE'VE ATTACHED, AS I BELIEVE IT'S PAGE EIGHT IN THE EVIDENCE, UM, A COPY OF SURVEYS THAT PERTAIN TO EACH ONE OF THESE FOUR PHASES.
AGAIN, WE BELIEVE THAT THE ONLY FIVE CRIMES THAT HAVE OCCURRED IN A ONE YEAR PERIOD PERTAIN TO THE PROPERTY OFF OF 75 OR PHASE ONE.
THIS SURVEY, WHICH, LET ME SEE HERE, THIS IS MY LAST SHARE SCREEN OF THE DAY, I PROMISE ON THE RIGHT SIDE OF THE SCREEN IS THE SURVEY THAT HAS BEEN ATTACHED AS PAGE EIGHT TO THE PROPERTY OWNER'S EVIDENCE.
WHAT I'VE DONE IN NOT A VERY, I'D SAY ARTISTIC WAY IS TO JUST HIGHLIGHT CERTAIN AREAS AS, AS REFLECTED ON THE SURVEY FOR THIS PROPERTY TO SHOW THE BOARD AND TO DEMONSTRATE THE BOARD WHAT COULD BE A REASONABLE MEASURE TO TAKE AS A PROPERTY OWNER FOR THIS PARTICULARLY UNIQUE PARCEL.
INDEED, IF A PROPERTY OWNER WAS UNABLE LEGALLY TO DO CERTAIN THINGS THAT WOULD BE CONSIDERED AAT MEASURES, THEN CERTAINLY THEY CANNOT BE HELD TO HAVE NOT TAKEN A REASONABLE STEP.
IT'S NOT A POSSIBILITY FOR A PROPERTY OWNER.
WHAT THIS SHOWS IS THAT AT THE BACKSIDE OF THE PROPERTY, 100 FOOT RIGHT OF WAY EXISTS, WHICH IS ONCOURSE PROPERTY THAT'S HIGHLIGHTED IN GREEN ACROSS THE PERIMETER IN ORANGE AS WE GO FROM THE LEFT SIDE OF MY SCREEN TO THE RIGHT AS IT GOES TO THE BACK OF THE PROPERTY IN ORANGE ARE UTILITY AND DRAINAGE EASEMENTS THAT LINE THE PERIMETER OF THE PROPERTY AND A BUT ONCOURSE PARTICULAR PROPERTY.
AND THOSE ARE AREAS WHERE CERTAIN MEASURES AND BUILDINGS OR FENCES OR OBSTRUCTIONS CANNOT BE CONSTRUCTED.
IT'S NOT THE OWNER'S PROPERTY.
IN YELLOW, AS WE MOVE TO THE RIGHT IS CITY OWNED PROPERTY OR CITY OWNED EASEMENTS FOR A HIKE AND BIKE TRAIL THAT RUN ACROSS THE BACK END OF THE PROPERTY WHERE PARKING EXISTS.
THE BLUE LINE IN THE MIDDLE IS AN AREA DESIGNATED BY FEMA AS A FLOODPLAIN AS WELL AN AREA WHERE CONSTRUCTION OF FENCING OR OTHER OBSTRUCTIONS COULD NOT OCCUR.
NOW MOVING TO THE RIGHT OF MY SCREEN AND THE, I BELIEVE EASTERN END OF THE PROPERTY, THERE IS A SOUTHWEST UTILITY OR SOUTHWESTERN BELL TELEPHONE LINE AND INTERNET EASEMENT THAT EXISTS IN PINK HERE, WHICH IS AN AREA THAT ONCE AGAIN OBSTRUCTIONS CANNOT LEGALLY BE CONSTRUCTED.
AND MOVING TO THE FRONT OF THE PROPERTY, WHICH IS THE YELLOW LINE GOING RIGHT ACROSS THE BOTTOM IS A 15 FOOT SETBACK INSTITUTED BY CITY ZONING MEANING TO ENCLOSE THE PROPERTY, THEY WOULD ONLY BE ABLE TO DO SO 15 FEET IN, WHICH WOULD ELIMINATE ALL THE PARKING AT THE FRONT.
AND OF COURSE, ANYWHERE YOU SEE SOMEWHAT OF THIS TIE-DYE HIGHLIGHT THAT'S ON THE SURVEY WOULD LIKEWISE ELIMINATE PARKING.
THESE ARE AREAS WHERE LEGALLY THE PROPERTY OWNER IS UNABLE TO CREATE FENCING OR CREATE AN OBSTRUCTION TO ALLOW PEOPLE OR UNWANTED GUESTS ONTO THE PROPERTY.
TO FURTHER ORIENT THE BOARD, THERE ARE TWO ENTRIES AND EXITS AT THE FRONT OF THE PROPERTY LOCATED HERE WITH THE TWO, TWO-WAY RED ARROWS.
AND THERE IS AN EXIT AT THE BACK END OF THE PROPERTY, WHICH IN FACT IS NOT IN OUR PROPERTY LINE, BUT IT FEEDS OUT OVER THE ADJACENT PROPERTY ONTO THE SERVICE ROAD OF 75.
SO ANYWHERE THAT THERE ARE COLORS ON THE SURVEY, THERE IS A LEGAL RESTRICTION THAT RUNS WITH THE LAND AS FAR AS CONSTRUCTION OF ANY FENCING OR ANY OTHER OBSTRUCTION TO PROHIBIT, PREVENT OR OTHERWISE STOP ON FOOT TRESPASSERS FROM ENTERING ONTO THE PROPERTY, WHICH AS THE INCIDENT REPORTS OF THE SIX IN 365 DAY PERIOD THAT COUNT, EACH OF WHICH HAD INVOLVED A FOOT TRESPASSER, WE CAN'T GATE THE FRONT, THE BACK, BACK THE SIDES.
I WOULD NOW LIKE TO TURN TO MR, I'M SORRY, LET ME STOP SHARING SCREEN.
[01:50:01]
CRAVEN, UM, AND ASK HIM A FEW QUESTIONS WITH RESPECT TO THE EFFORTS MADE BY THE PROPERTY OWNER BETWEEN APRIL OF 2022 AND FEBRUARY OF 2023 FOR THE BOARD TO UNDERSTAND THE TESTIMONY OF REASONABLE MEASURES TAKEN BY THE PROPERTY OWNER DURING THAT TIME PERIOD.MR. CRAVEN, UM, CAN YOU PLEASE INTRODUCE YOURSELF TO THE BOARD? UH, MR. CRAVEN? JOSH CRAVEN, I'M AN ASSET MANAGER FOR MR. CR.
ASSET MANAGER FOR THE VISTA BUENO APARTMENTS.
I ACTUALLY LIVE NOT TOO FAR FROM THE AREA AND I COME TO THE PROPERTY PERIODICALLY.
AND YOU SAID YOU'RE A PROPERTY MANAGER FOR THE VISTA BUENO APARTMENTS ASSET MANAGER.
UM, AND AS AN ASSET MANAGER FOR THE VISTA BUENA APARTMENTS, WHAT IS, CAN YOU GENERALLY DESCRIBE FOR THE BOARD WHAT YOUR RESPONSIBILITIES OR DUTIES ARE? MAKING SURE THAT THE PROPERTY MANAGER AND TEAM HAVE THE RIGHT TEAM IN PLACE TO RENT OUT THE APARTMENTS TO QUALIFIED INDIVIDUALS THAT WILL PAY THEIR RENT ON TIME, NOT CRIMINAL ACTIVITY IN THEIR BACKGROUND OR HISTORY AND WILL KEEP THE PROPERTY SAFE AS GOOD TENANTS.
NOW MR. CRAVEN, YOU DON'T DISAGREE.
DO YOU THAT THERE IS AN ISSUE WITH ON FOOT TRESPASSERS AT THE PROPERTY? IS THAT, IS THAT ACCURATE? THAT IS CORRECT.
SO WE RECOGNIZE THAT THAT IS AN ISSUE THAT THE PROPERTY IS DEALING WITH.
NOW IS THERE A CERTAIN PORTION OR AREA OF THE PROPERTY WHERE, BASED ON YOUR EXPERIENCE IN RUNNING THE PROPERTY WHERE YOU BELIEVE A PREDOMINANT OR MAJORITY OF THE NUMBER OF ON FOOT TRESPASSERS ARE COMING FROM? YES.
AND WHERE IS THAT AREA EXACTLY? NOT GOOD WITH THE MAP.
IT'S THE TOP LEFT CORNER OF THE PROPERTY, WHICH IS, I'M SORRY, DIRECTLY I'M NOT SO GOOD WITH THE MAP, BUT IT'S UH, THE TOP LEFT CORNER OF THE PROPERTY.
IT'S RIGHT NEXT TO THE MOTEL NEXT DOOR.
NOW WHAT EXACTLY IS YOUR CONCERN AS IT RELATES OR HOW IS IT THAT YOU KNOW THAT MOST OF THE ON FOR TRESPASSERS COME FROM THE MOTEL NEXT DOOR? SO TYPICALLY WHEN WE SEE ANY ACTIVITY THAT WE DON'T WARRANT ON THE PROPERTY, IT'S UM, PROSTITUTION, WHICH IS AGAIN FROM THE HOTEL NEXT DOOR BECAUSE THEY DO RENT BY THE HOUR.
IT'S PAY LABORERS FROM THE GAS STATION ACROSS THE STREET AND THAT'S WHAT, THAT'S WHAT WE SEE.
AND ON THAT PORTION OF THE PROPERTY, WHICH YOU, YOU MAY RECALL THE MAP WE JUST SHOWED, THERE ARE NO, THERE'S NOT A SIGNIFICANT AMOUNT OF COLORS, BUT THERE IS A FENCE THAT IS THERE THAT DIVIDES THE TWO, CORRECT? YES.
OR A WALL, I SHOULD SAY A SEPARATION.
NOW WHAT ABOUT ON THE BACK END OF THE PROPERTY THAT'S OPEN TO THE CITY'S HIKE AND BIKE TRAIL AND ENCORE'S RIGHT OF WAY TO RUN THE UTILITY LINE.
HAVE THERE BEEN, IN YOUR EXPERIENCE ISSUES WITH TRESPASSERS COMING FROM THAT AREA? WE DON'T BELIEVE THAT IT'S COMING FROM THAT AREA.
WHAT'S THAT? THE CITY ASKED? WE DON'T BELIEVE THAT THE, THE CRIMINAL ACTIVITY IS COMING FROM THAT AREA.
THE CITY HAD ASKED US RECENTLY TO PUT IN MORE LIGHTS TO LIGHT UP THEIR TRAIL AND WE ABIDE IT AND TO LIGHT UP THEIR TRAIL.
WHAT DO YOU MEAN BY THAT? THERE WAS TWO LIGHTS THAT ARE EXISTING IN OUR PARKING LOT THAT WE NEEDED TO GET A PERMIT FOR AND GET THE LIGHTS TURNED ON.
AND THAT'S NOT LIGHTS IN AN AREA THAT YOU OWN AS ON THE PROPERTY.
SO AS WEIRD AS IT SOUNDS, WE DO OWN THE, THAT PIECE OF THE PROPERTY, BUT THE LIGHTS WE STILL NEEDED A PERMIT FOR BECAUSE IT'S NOT OURS.
IT'S EITHER ENCORES OR THE CITY.
AND HAVE YOU ALL TAKEN THE STEPS TO TURN THE LIGHTS ON DESPITE IT NOT BEING YOUR LIGHTS OR YOUR SYSTEM? YES.
NOW DURING THE TIME PERIOD OF APRIL, 2022 TO FEBRUARY, 2023 HAS THE PROPERTY OR DID THE PROPERTY HAVE ANY CAMERAS INSTALLED ON THIS PHASE ONE LOCATION? YEAH, WE HAVE 30 CAMERAS AT THIS PROPERTY AND WE DID INSTALL A COUPLE MORE MORE RECENTLY.
WE INSTALLED TWO LIKE SIGNIFICANTLY BETTER CAMERAS WITH A MONITORING SYSTEM IN THAT TIMEFRAME AS WELL.
UM, NOW THE SECURITY CAMERAS WITH A MONITORING SYSTEM, IS THAT
[01:55:01]
RUN BY A SEPARATE THIRD PARTY COMPANY? YES.AND WHAT'S THE NAME OF THAT COMPANY IF YOU RECALL? IT'S CALLED SITEWATCH.
AND WHAT IS EX, CAN YOU EXPLAIN TO THE BOARD WHAT THE SITEWATCH CAMERAS DO? SURE.
THEY MONITOR THE CAMERAS 24 7 AND WHENEVER THEY SEE ANY ACTIVITY THAT THEY DON'T SEEM TO BE QUOTE UNQUOTE NORMAL, THEY USE A LOUDSPEAKER THAT'S ATTACHED TO THE CAMERAS TO DETER THE PERSON TRYING TO ENTER THE PROPERTY FROM CONTINUING WHAT THEY HAD PLANNED TO DO.
AND TYPICALLY THAT'S ENOUGH OF A DETERRENT TO SEND THEM AWAY AND ALSO THEY SEND THE CALL 9 1 1 TO ALLOW THEM TO KNOW WHAT'S GOING ON.
IF YOU COULD SPEAK UP JUST A LITTLE BIT MORE.
UM, NOW SITE WATCHES, CAMERAS AND MONITORING.
IS IT MONITORED 24 HOURS A DAY? YEAH, 24 7.
EVERY, EVERY WEEKEND JUST ASK IF LIKE ARE WE TO HAVE ANY PLANNED CONSTRUCTION OR ANYBODY THAT THEY WOULD MAY CONSIDER AS AN INTRUDER THAT IS AUTHORIZED SO THEY DON'T HAVE TO BOTHER US TO MAKE SURE AT THE TIME OF THE INCIDENT THEY DO IT PRIOR TO MAKE SURE THEY KNOW WHAT'S PLANNED FOR THE WEEKEND.
AND HOW OFTEN ARE YOU ALERTED BY SITEWATCH AS TO WHETHER OR NOT THEY HAVE SUSPECTED OR DETECTED UNAUTHORIZED INDIVIDUAL'S ENTRY ONTO THE PROPERTY? IT'S HARD TO GIVE A TIMEFRAME, BUT I MEAN EVERY TIME THERE'S BEEN AN INCIDENT THEY'VE BEEN ON IT, THEY HAVEN'T MISSED ANY INCIDENTS.
EVERY TIME THEY DO NOTICE AN UNAUTHORIZED ENTRY.
ARE YOU INFORMED AS THE PROPERTY OWNER AND MANAGER? YES, AND NOT, WE DON'T, THEY DON'T WAIT TILL NINE O'CLOCK IN THE MORNING.
THEY SEND THE EMAIL IN REAL TIME WITH CAMERA FOOTAGE AND WHAT HAPPENED.
AND FOR THE BOARD, THOSE ARE THE EMAILS AND UH, PHOTOGRAPHS THAT FOLLOW BEGINNING ON PAGE 56 OF THE EVIDENCE SUBMITTED.
UM, AND RUNNING THROUGH PAGE 1 31 OF THAT P D F DOCUMENT, IF SITE MR. CRAVEN, IF SITEWATCH IS UNABLE TO DETER OR SCARE THE UNAUTHORIZED INDIVIDUAL AWAY, WHAT STEPS DO THEY THEN TAKE? THEY CALL NINE ONE ONE.
AND ULTIMATELY AT THAT POINT IN TIME, ARE YOU NOTIFIED OF THIS UNAUTHORIZED ENTRY AND THE RESULT OF IT BEING REPORTED TO 9 1 1? I CAN'T ANSWER THE QUESTION 'CAUSE IT'S NEVER COME TO THAT.
EVERY TIME THAT THEY HAVE USED A LOUDSPEAKER, IT DETERRED THE INTRUDER.
AND WHERE ARE THOSE LOUDSPEAKERS LOCATED? IS IT AT THE FRONT OF THE PROPERTY? IT'S THE FRONT OF THE PROPERTY ON PHASE ONE.
AND THAT WOULD BE RIGHT OFF THE ENTRANCE ROAD TO THE FRONTAGE OF THE PROPERTY, IS THAT, IS THAT CORRECT? LIKE IN THAT AREA? THE FRONT, NOT THE BACK WHERE THE HIKE AND BIKE TRAIL IS? CORRECT.
NOW OUTSIDE OF THE PROPERTY, I KNOW YOU SAID YOU LIVE IN THE AREA, UM, DO YOU DRIVE BY THE FRONT OF THE PROPERTY OFTEN ON YOUR DAY-TO-DAY ROUTINE? I MAKE IT A POINT, I DON'T KNOW WHAT WHAT YOU CALL OFTEN, BUT I MAKE IT A POINT.
UM, ARE YOU FAMILIAR WITH WHAT THE GENERAL, YOU KNOW HOW GENERALLY IT LOOKS OUTSIDE THE PROPERTY ON ESPERANZA ROAD IN THAT FRONT AREA? YES.
AND IS THERE GENERALLY A CONGREGATION OF PEOPLE THAT ARE OUT THERE? THERE AT TIMES.
UM, NOW SEVERAL OF THE INCIDENT REPORTS MAKE MENTION OF HOMELESS ENCAMPMENTS.
NOW COULD YOU TELL THE BOARD A LITTLE BIT ABOUT, AT LEAST FROM YOUR PERSPECTIVE, WHERE THOSE ARE AND IF THERE ARE ISSUES WITH CONTROLLING IT FROM THE PROPERTY MANAGER STANDPOINT? SURE.
SO THAT'S TOWARDS THE BACK OR THE MIDDLE OF PHASE ONE, RIGHT UNDER THE 75 RAZOR.
SO THERE'S A BACK RIGHT GO AHEAD.
THERE'S A BACK ENTRANCE, I'M SORRY, NOT ENTRANCE.
THAT IS WHERE THEY TYPICALLY HANG OUT AND MANY TIMES CODE ENFORCEMENT WILL COME TO A PROPERTY FOR SOMETHING AS SILLY AS A PICKET OF A FENCE BEING BROKEN AND WE KNOW IT'S BEING BROKEN BY THE HOMELESS ENCAMPMENT.
AND IS IT YOUR UNDERSTANDING THAT THE HOMELESS ENCAMPMENT, UM, AND WELL JUST TO BE CLEAR, WHEN YOU SAY UNDERNEATH 75, THAT'S THE BACKSIDE OF THE PROPERTY THAT WE JUST LOOKED AT IS, IS MY UNDERSTANDING CORRECT? YEAH, THE SORT OF THE BACK, BACK TOWARDS THE MIDDLE, LIKE
[02:00:01]
OUR PROPERTY.NOW MR. CRAVEN, BETWEEN APRIL, 2022 AND FEBRUARY, 2023, WE TALKED ABOUT THE FACT THAT THE PROPERTY HAD CAMERAS.
WE'VE TALKED ABOUT THE SITE WATCH, WHICH IS THE 24 7 MONITORING SYSTEM WITH CAMERA AND SPEAKER THAT DETERS THE UNAUTHORIZED ENTRY OR CALLS 9 1 1.
UM, I WANNA TALK A LITTLE BIT ABOUT PARKING.
WAS THERE A PARKING PERMITTING PROGRAM OR POLICY IN PLACE AT THE PROPERTY DUR BETWEEN APRIL, 2022 AND FEBRUARY, 2023? YES, THERE'S A PARKING PERMITTING IN PLACE.
IT'S BEEN THERE SINCE THE DAY WE BOUGHT THE PROPERTY AND IT'S STILL UNDER EFFECT RIGHT NOW.
NOW THAT PARKING PERMIT, CAN YOU TELL THE BOARD JUST A LITTLE BIT ABOUT HOW THE PERMITTING SYSTEM WORKS FOR THIS PROPERTY AND TENANTS? SO TYPICALLY WHEN A TENANT COMES IN AND SIGNS THEIR LEASE, THEY'RE GIVING GIVEN A STICKER THAT IS GOOD FOR ONE YEAR AND THEY COULD PARK ON THE PARKING LOT AND THE TOWING COMPANY WILL COME IN ON A NIGHTLY BASIS AT LEAST ONCE AND LOOK FOR UNAUTHORIZED CARS OR CARS THAT WE HAD TO STICKER OURSELVES FOR.
UM, THE, THE STICKER ON THE CAR, WHATEVER IT'S CALLED, THE YEARLY PERMIT, UM, NOT, NOT, NOT THE TOWING STICKER THOUGH FROM THE STATE, THE INSPECTION STICKER OR FLAT TIRES OR STUFF LIKE THAT.
AND THEN THEY GIVE A CERTAIN AMOUNT OF TIME BEFORE THEY TOW IT.
OTHERWISE IF THERE'S ANY UNAUTHORIZED CARS ON THE PROPERTY WILL TOW IT ON A NIGHTLY BASIS.
AND DID THE PROPERTY OWNER HAVE THE PARKING COMPANY IN PLACE DURING THE ENTIRETY OF THE TIME PERIOD, WHICH IS APRIL 22 TO FEBRUARY 23? YES.
AS A SIDE POINT, I'M SORT OF EMBARRASSED TO SAY THIS, BUT UH, I WAS ACTUALLY AT THE PROPERTY DURING THE DAY AND MY CAR WAS TOWED.
DID YOU VIOLATE THE PERMIT STICKER POLICY MR. CRAVEN AT YOUR OWN PROPERTY? I DO NOT HAVE A STICKER ON MY CAR.
IT SOUNDS LIKE THEY'RE DOING THEIR JOB, MR. CRAVEN.
I WAS ACTUALLY SURPRISED THAT IT WAS BEING DONE DURING THE DAY AS WELL.
'CAUSE THAT'S NOT TYPICAL, BUT I DON'T KNOW IF IT WAS A FLUKE OR THEY CALLED AND THEY FORGOT TO TELL ME, BUT IT IS BEING ENFORCED.
NOW WHAT ABOUT EXTERIOR LIGHTING DURING THAT TIME PERIOD HAD THERE BEEN EXTERIOR LIGHTING ON THE PROPERTY? YES.
NOW IF A LIGHT GOES OUT OR IS DAMAGED, IS THERE A POLICY OR PRACTICE IN PLACE TO REPLACE THOSE? YES, SO WE ENCOURAGE ALL THE TENANTS TO LET US KNOW IF THEY SEE A LIGHT OUT.
UH, ALL OF OUR MAINTENANCE STAFF CURRENTLY LIVE AT THE PROPERTY AND THEY DRIVE AROUND OFTEN AND IF THEY SEE IT OUT, THEY WILL TAKE CARE OF IT THE NEXT DAY.
NOW I WANNA TALK A LITTLE BIT ABOUT THE TENANTS AND, AND THE LEASING THAT GOES ON AT THE PROPERTY.
WHEN A PROSPECTIVE NEW TENANT COMES TO THE PROPERTY TO LEASE AN APARTMENT, WHAT TYPE OF BACKGROUND DUE DILIGENCE WAS PERFORMED BY THE PROPERTY OWNER PRIOR TO ENTERING INTO A LEASE WITH THAT PROSPECTIVE TENANT? SO WE TYPICALLY LOOK AT THEIR RENTAL HISTORY TO MAKE SURE THAT THEY HAVE NOT BEEN EVICTED FROM ANOTHER COMPLEX.
WE LOOK AT THEIR PAYMENT HISTORY AS FAR AS MAKING SURE THAT THEY PAY THEIR RENT ON TIME.
WE LOOK AT THEIR CRIMINAL HISTORY TO SEE IF ANYTHING IS ON THEIR BACKGROUND.
NOW THOSE TENANTS THAT DO ULTIMATELY LEASE A UNIT AT THE PROPERTY ARE THOSE TENANTS, UM, IF THEY'RE FOUND TO VIOLATE THE TERMS OF THEIR LEASE IN ANY MANNER, DOES THE PROPERTY MANAGEMENT ENFORCE THE TERMS OF THE LEASE AGAINST THAT TENANT? YOU'RE TALKING ABOUT ONCE THEY'VE ALREADY LEASED, THEY'RE LIVING THERE, CORRECT? YEAH, SO DEPENDING ON WHAT THEY DID, WE COULD EITHER KICK THEM OUT IN, YOU KNOW, 24 48 OR TAKE THEM TO COURT TO GET THEM OUT.
AND IS THAT SOMETHING PROPERTY MANAGEMENT ENFORCES AS A MATTER OF PRACTICE? SO WE DO HAVE LEASE VIOLATIONS IN PLACE.
WE HAVE NOT HAD TO DO IT FOR ANYTHING SERIOUS OTHER THAN LIKE, YOU KNOW, A TRASH BAG BEING LEFT OUT OR SOMETHING LIKE THAT.
NOW TO YOUR KNOWLEDGE, HAVE ANY OF CRIMES THAT HAVE PURPORTEDLY OCCURRED AT THE PROPERTY BETWEEN APRIL OF 2022 TO FEBRUARY OF 23 BEEN COMMITTED BY ACTUAL TENANTS AT THE PROPERTY? AS FAR AS WE KNOW, NO.
NOW DO DOES PROPERTY MANAGEMENT TAKE STEPS TO, UM,
[02:05:02]
EITHER CHECK ON UNITS OR DO UNIT INSPECTIONS TO DETERMINE COMPLIANCE WITH LEASE TERMS OR CONDITION? SO WHEN WE DO A PEST CONTROL WALKTHROUGH, WE GO WITH THEM LOOKING FOR EXTRA OCCUPANTS, WATER LEAKS, SMOKE DETECTORS, NOT WORKING, ANYTHING THAT LOOKS OUT OF THE ORDINARY FOR SURE.AND THEN QUARTERLY THE MANAGER TRIES TO DO A SEPARATE ONE AS WELL.
AND FROM YOUR UNDERSTANDING, DURING THOSE, UM, CHECKS OF THE UNITS FOR TENANTS, HAVE YOU COME ACROSS INCIDENTS WHICH WOULD SUGGEST THAT THERE IS CRIMINAL ACTIVITY THUS FAR OR ALTERNATIVELY UNAUTHORIZED, UH, OCCUPANTS OF THESE UNITS WITH THE EXCEPTION OF HOMELESS IN A VACANT? NO.
AND THE PREDOMINANT LOCATION OF WHERE THE HOMELESS, UM, ENCAMPMENT IS AROUND THE PROPERTY AGAIN, IS THE BACKSIDE UNDER 75 BY THE CITY'S HIKE AND BIKE TRAIL.
THAT'S WHERE THEY LIKE OFFICIALLY CAMP OUT.
THERE ARE TIMES THAT THEY GET INTO THE LAUNDRY ROOM OR VACANT UNITS.
NOW DOES THE PROPERTY MANAGEMENT HAVE NO TRESPASSING OR OTHER SIMILAR SIGNAGE UP AT THE PROPERTY? YES.
AND WE'VE JUST ORDERED SOME MORE.
NOW JUST I WANT TO BE CLEAR FOR THE BOARD, BETWEEN APRIL, 2022 AND FEBRUARY, 2023, DID PROPERTY OWNERSHIP AND MANAGEMENT HAVE NO TRESPASSING SIGNAGE UP TO SERVE AS A DETERRENT? YES, BUT NOT ALL THE POLICE OFFICERS WHEN AND IF THEY COME, ARE WILLING TO NO TRESPASS.
NOW YOU SAID WHEN AND IF THEY COME IS PROPERTY MANAGEMENT INSTRUCTED TO NOTIFY THE POLICE IN THE EVENT OF AN UNAUTHORIZED ENTRY OR SUSPECTED UNAUTHORIZED ENTRY? IT'S SORT OF CASE BY CASE.
IF THEY FEEL OR DEEM IT'S DANGEROUS, THEY DEFINITELY REACH OUT.
AND IF THEY DON'T FEEL OR DEEM IT'S DANGEROUS, DO THEY, AND BY LET'S DEFINE DANGEROUS, WHAT DO YOU MEAN BY THAT? SOMEONE WHO'S NOT SUPPOSED TO BE THERE IF THEY HAVE SOME SORT OF WEAPON, A KNIFE, A GUN.
NOW WHAT ABOUT FIRST WATCH? DO THEY NOTIFY OR CALL THE POLICE TO YOUR UNDERSTANDING UPON NOTICING THAT THERE IS UNAUTHORIZED ENTRY BY AN INDIVIDUAL ON THE PROPERTY? IT'S NEVER, THEY'VE NEVER SEEN IT ON THEIR CAMERAS.
THEY'VE NEVER THE, I'M SORRY MR. GRR, MAYBE MY QUESTION WAS UNCLEAR.
WHEN FIRST WATCH SEES AN UNAUTHORIZED ENTRY, DO THEY, AFTER TRYING TO DETER THE TRESPASSER, DID THEY THEN MOVE TO CALL THE POLICE IRRESPECTIVE OF WHETHER THERE'S A GUN OR SOME OTHER WEAPON ON THE INDIVIDUAL? I DON'T THINK THEY'VE EVER HAD A NEED TO CALL, BUT THEY WOULD IF, AND THAT'S, I'M SORRY, I DIDN'T MEAN TO CUT YOU OFF.
THEY WOULD IF THEY SAW IT AND THE PERPETRATOR DID NOT LEAVE THE PREMISES.
NOW, WHEN A TENANT RENEWS A LEASE AT THE PROPERTY, UM, TYPICALLY DOES PROPERTY MANAGEMENT DO AN ADDITIONAL BACKGROUND CHECK AT THAT POINT IN TIME? WE DO NOT.
AND TYPICALLY, WOULD YOUR PROPERTY RENEW THE LEASE OF A TENANT WHO HAS BEEN PROBLEMATIC IN ANY WAY AT THE COMMUNITY? SAY IT ONE MORE TIME.
WOULD PROPERTY MANAGEMENT RENEW THE LEASE OF A TENANT WHO HAS CREATED DISTURBANCES AT THE PROPERTY DURING THAT INITIAL ONE YEAR TERM? NO.
WOULD MR. SINGAPORE, I JUST WANNA LET YOU KNOW, YOU'VE GOT 10 MINUTES.
WOULD PROPERTY MANAGEMENT RENEW THE LEASE OF ANY TENANT IN WHICH ANY RED FLAGS OF ANY KIND WERE UP WITH RESPECT TO CON THAT TENANT CONTRIBUTING TO CRIMINAL ACTIVITY AT THE PROPERTY? AND ANY ANYBODY THAT AFTER A YEAR'S UP OR WHENEVER THE CONTRACT IS UP, IS UP FOR RENEWAL, WE, UH, WILL NOT RENEW IF THEY HAVE ANY, YOU KNOW, KNOWN CRIMINAL OR NOT.
SOMETHING COMES, SOMETHING COMES TO OUR ATTENTION REGARDING THAT TENANT, WE WOULD NOT RENEW.
I JUST WANNA GO BACK TO ONE MORE TIME WITH THE SITE.
IF A HOMELESS PERSON BROKE INTO A UNIT THAT THEY DON'T SEE IT, THEY'RE NOT GONNA CALL, BUT IF THEY DID KNOW ABOUT IT, THEY DEFINITELY WOULD CALL.
I APPRECIATE THE CLARIFICATION.
[02:10:05]
UH, MS. BONIA, DO YOU HAVE ANY QUESTIONS FOR THIS WITNESS? ACTUALLY, I'LL ASK THOSE QUESTIONS.OKAY, MS. GREEN, YOU MAY PROCEED.
UM, I JUST WANNA CLARIFY, UM, MR. PRAVIN, SO, SO, UM, YOU'RE NOT THE PROPERTY MANAGER, IS THAT RIGHT? ARE YOU THE ASSISTANT TO THE PROPERTY MANAGER? NO, THE ASSET MANAGER.
THERE'S THE PROPERTY MANAGER ON THE SIDE.
AND SO, UM, AND I I WANNA MAKE SURE, UM, YOU'RE NOT A, A PROPERTY ATTORNEY OR REAL ESTATE ATTORNEY OR ANYTHING LIKE THAT? NO.
SO, UM, AND I UNDERSTAND, YOU KNOW, SOME INFORMATION THAT WAS SPOKEN ABOUT EARLIER WAS A LITTLE CONFUSING ABOUT THE EASEMENTS AND ALL OF THAT.
UM, DO YOU BY ANY CHANCE HAVE A LETTER OR ANYTHING FROM THE CITY, FROM ENCORE OR ANYONE STATING THAT NO CONSTRUCTION OF ANY KIND OF FENCING OR GATE IS ALLOWED ON THOSE EASEMENTS? I DO NOT.
BECAUSE WE KNOW SOMETIMES EASEMENTS, YOU KNOW, UNLESS THERE'S A, A DEEDED RESTRICTION, SOMETIMES YOU CAN CONSTRUCT FENCES ON, ON EASEMENTS OR ARE YOU AWARE OF THAT? YES.
WE, WE DON'T BELIEVE THAT THE, THE TRAFFIC IS COMING FROM THE TRAIL, SO THAT'S NOT OUR FOCUS OF PUTTING A FENCE UP THERE.
SO YOU'RE AWARE THAT FENCES CAN BE BUILT ON EASEMENTS SO YOU JUST HAVEN'T CHECKED ON IT.
AND SO, UM, YOU COLLECT RENT FOR THE ENTIRE PROPERTY, RIGHT? YES.
OKAY, AND THAT'S ALL FOUR BUILDINGS? YES.
AND SO WHEN YOU LOOK UP VISTA, BUENA APARTMENTS, THAT'S FOR ALL FOUR BUILDINGS, RIGHT? YEAH.
IF SOMEONE WANTS TO RENT, THEY WOULD COME TO THE OFFICE, WHICH IS LOCATED AT PHASE ONE.
REGARDLESS, REGARDLESS OF THE ADDRESS, IT'S ALL FOUR BUILDINGS, RIGHT? I MEAN, IF THEY COME TO RENT AT VISTA BUENA, THEY'LL COME TO THE OFFICE AND DEPENDING ON THE STYLE APARTMENT THEY'RE LOOKING FOR IS WHERE WE WOULD SHOW THEM.
AND SO WHEN SOMEONE ASKED A QUESTION ABOUT VISTA BUENA APARTMENTS, REGARDLESS OF WHAT, UM, ADDRESS OR BUILDING, THEY, IT'S, IT'S THAT ONE ADDRESS THEY'RE SPEAKING OF, RIGHT? THE 13 3 50 ESPERANZA, IS THAT RIGHT? WHEN YOU LOOK IT UP ON THE WEBSITE, IT'S THAT ONE ADDRESS THAT'S YOU USED ON PHASE ONE? YEAH.
THAT'S THE MAIN ADDRESS, YEAH.
SO THAT'S THE ONE PROPERTY, IT'S THE FOUR BUILDINGS, BUT IT'S THAT ONE PROPERTY.
TYPICALLY ON A PHASE ONE, PHASE TWO, PHASE THREE AND SO FORTH, IT'S VERY CLOSE TO EACH OTHER.
IN THIS CASE, YOU HAVE TO CROSS AT LEAST ONE STREET TO GET TO THE NEXT PHASE WITH COMPLEXES NOT OWNED BY VISTA PRIOR TO GETTING TO THAT COMPLEX OR THAT PARCEL.
BUT IT'S, IT'S ONE PROPERTY IN ESSENCE.
YOU, YOU RUN THE, ALL OF THOSE BUILDINGS YOU RUN TOGETHER.
AND SO YOU SAID IT EARLIER THAT YOU'VE GOT 30 CAMERAS, BUT YOU SPECIFICALLY STATED ONLY A COUPLE OF THEM ARE MONITORED.
IS THAT RIGHT? YES, ON PHASE ONE.
SO YOU, WE'VE GOT 30 CAMERAS, BUT THEY DON'T ACTUALLY DO ANYTHING.
THEY WATCH THE ENTIRE PHASE ONE, THE 30 CAMERAS ARE INSTALLED.
BUT YOU NEVER GAVE A LINK OF A MONITORING SYSTEM TO THE POLICE DEPARTMENT? UM, I DON'T KNOW THAT WE WERE EVER REQUESTED TO.
ARE THEY, ARE THEY MONITORED THE PROPERTY MANAGER LOOKS AT THEM IN HER OFFICE? IT'S ON, IT'S ACCESSIBLE TO LOOK AT, I MEAN, I DON'T KNOW IF IT'S, I WOULDN'T NOT NECESSARILY CALL MONITOR, NOT, NOT THE SOUND SIGHT WASH.
SO IT'S, IT'S KIND OF LIKE WHAT WE HAVE GOING NOW.
IF IF SOMEONE LOOKS AT IT, IT'S THERE, BUT IF SOMEONE'S NOT LOOKING AT IT, IT'S, IT'S JUST THERE EVERY TIME THE POLICE ACCURATE, EVERY TIME THE POLICE HAS COME TO THE PROPERTY AND ASKED FOR FOOTAGE, THEY'RE SUPER IMPRESSED WITH THE CAMERA SYSTEM WE HAVE IN PLACE.
SO, SO WE'VE GOT 30 CAMERAS ON ONE, BUT WE'VE ONLY MENTIONED A COUPLE THAT ARE MONITORED AND THEY'RE NOT MONITORED ON SITE.
THE THIRD PARTY MONITORING COMPANY.
AND SO WE'VE, YOU'VE OFFERED SEVERAL PIECES OF, OF EVIDENCE WHERE THERE'S JUST AN EMAIL AND IN
[02:15:01]
THAT EMAIL IT STATES THAT, OR IN THOSE EMAILS, I THINK YOU CAN GO TO PAGES, I MEAN THERE'S SEVERAL PAGES, UM, I DON'T KNOW, PAGE 89, UH, 61.BUT IN THOSE EMAILS IT STATES THAT A, A SIREN IS, UM, IS SOUNDED, IS THAT, IS THAT ACCURATE? YEAH, A SIREN ALONG THE LOUD SPEAKER.
OKAY, SO IT'S KIND OF LIKE A, A TOY SIREN.
SO PEOPLE GET USED TO HEARING A, A SIREN, BUT NO ONE'S COMING.
I MEAN, YOU KNOW, IT'S, IT'S JUST A, NO, NOT AT, NOT AT ALL.
IT'S, IT'S A SIREN TO MAKE IT A LOUD NOISE.
IT SCARES THEM AWAY AND IT TELLS THEM IF YOU DON'T LEAVE THE AREA, THEY'RE CALLING THE POLICE AND THEY LEAVE RIGHT AWAY.
ASSUMING I'VE NOTICED ON SOME OF THOSE EMAILS, THEY DON'T QUITE LEAVE.
IS THAT INACCURATE? THEY, THEY'VE LEFT EVERY TIME.
EVERY TIME THEY'VE LEFT, YEAH.
'CAUSE I BELIEVE EARLIER YOU STATED THERE ARE TIMES WHERE THEY DON'T LEAVE AND SO THE MONITORING COMPANY CALLS 9 1 1.
IS THAT AND AM I CONFUSED ON THAT? IF THEY DON'T LEAVE UHHUH WHEN THEY DON'T LEAVE, OR IF THEY WOULDN'T LEAVE, THEY WOULD CALL THE POLICE.
THERE HAVE HAD TIMES THEY HAVE TO CALL THE POLICE.
SO YEAH, SO SOMETIMES THE SIREN WORKS, SOMETIMES IT DOESN'T BECAUSE THEY'RE NOT ON SITE.
OH, IT'S THE FIRST DETERRENT TO GET THEM OFF.
AND IF THEY WOULD NOT LEAVE, THEY WOULD CALL THE CALL THE POLICE AND THEY HAVE CALLED THE POLICE.
SO WOULD IT BE A LITTLE REASONABLE TO HAVE SOMEONE ON SITE, CONSIDERING YOU'VE HAD HOW MANY INSTANCES? SEVERAL INSTANCES IN EMAILS FROM SOMEONE OFFSITE SAYING THAT THERE'S AN ISSUE.
WE FEEL THIS DOES A BETTER JOB OF SAYING IF YOU HAVE SOMEONE ON SITE, THEY'RE ON THE FRONT OF THE PROPERTY, TIME HAPPENS IN THE MIDDLE OF THE PROPERTY OR THE BACK OF THE PROPERTY, YOU GO TO THE BACK OF THE PROPERTY COMES TO THE FRONT, YOU KNOW, WE'VE SEEN HOW THESE CRIMINALS ACT IN OTHER COMPLEXES, NOT NECESSARILY APARTMENTS, EVEN JUST STORES OR WHATEVER ON THE NEWS.
SO ONE PERSON, YOU KNOW, AN OFFICER IS ONLY SO GOOD.
THIS IS A EXCELLENT DETERRENT.
SO OVER 50 PAGES WORTH OF DOCUMENTS STATING THAT, UM, PEOPLE ARE, ARE ON THE PROPERTY AND JUST A SIREN AND THEY NEED TO CALL 9 1 1, BUT HAVING SOMEONE ON SITE IS, IS NOT REASONABLE.
I'M JUST DOUBLE CHECKING TO MAKE SURE.
IS THAT, AM I UNDERSTANDING THAT CORRECTLY? I DON'T FEEL IT'S REASONABLE, NO.
UM, YOU WERE STATING EARLIER THAT YOU CHECK BACK BACKGROUNDS FOR, UM, FOR TENANTS ON THE LEASE.
DOES THAT INCLUDE THE PEOPLE THAT ARE, ARE LISTED AS ROOMMATES OR POSSIBLE ROOMMATES, OR IS IT JUST THE PERSON THAT'S APPLYING ANYBODY OVER 18? ANYBODY OVER 18.
UM, IF THERE'S ANYONE THAT HAPPENS TO MOVE IN LATER, ARE YOU AWARE OF THAT AT ANY TIME IN THEIR LEASE IT STATES THAT THEY HAVE TO LET US KNOW.
ARE YOU CHECKING ON THAT? SO WHEN THEY DO THEIR CHECKS, PEST CONTROL OR THE MANAGER'S CHECKS, IF SHE SEES EXTRA BEDS OR STUFF, SOMETHING LIKE THAT, THEY WILL QUESTION IT, BUT IT'S THE TENANT'S RESPONSIBILITY TO LET US KNOW IF THEY'RE ADDING OR SOMEONE TURNED 18.
SO ONLY DURING PEST CONTROL IS WHEN WE'RE DISCOVERING WHETHER OR NOT SOMEONE HAS MOVED IN.
NO, DURING PEST CONTROL IS ONE OF THE WAYS, AND THEN THE MANAGER DOES HER CHECKS PERIODICALLY, QUARTERLY, TO EVERY APARTMENT.
ARE YOU AWARE THAT YOU DID NOT MAKE THAT INSPECTION KNOWN TO D P D DURING YOUR MEETING EARLIER THIS YEAR? I BELIEVE IT WAS MADE KNOWN TO THEM, NO.
AND SO ONCE THEY MAKE THAT KNOWN, YOU RUN A CRIMINAL BACKGROUND, BACKGROUND CHECK IMMEDIATELY ON THOSE ADDITIONAL TENANTS? NO, NOT NECESSARILY.
AND THEN WHEN THEY RENEW THEIR LEASES, ARE YOU RUNNING CRIMINAL BACKGROUND CHECKS AGAIN? NO.
UM, I WANNA GO BACK TO PHASE ONE WHERE WE HAVE THOSE CAMERAS AND WE CAN LOOK AT THE PICTURES.
IT LOOKS LIKE THERE'S SOME CONSTRUCTION GOING ON, IS THAT RIGHT? YES.
AND THAT'S DUE TO A BURNED OUT STRUCTURE IN THAT AREA, IS THAT CORRECT? YES.
IT'S BEEN BURNED OUT FOR HOW MANY YEARS NOW? TOO MANY, UM, I WANNA SAY 2019.
SO FOR SEVERAL YEARS IT'S JUST BEEN SITTING THERE BURNED OUT? IT'S BEEN WORKED ON.
I MEAN, IT'S, WE'VE HAD MANY BUMPS IN THE ROAD.
[02:20:01]
NOT THE OWNER, SO I'M NOT, I'M NOT TRYING TO, I'M PICK ON YOU.UM, BUT IT'S BEEN SITTING THERE FOR A WHILE, JUST BURNED OUT.
UM, BUT IT'S NOT FROM OWNERSHIP'S PERSPECTIVE THAT THE STALL, IT'S FROM CITY PERMITTING, UM, MORE THAN ANYTHING ELSE POSSIBLY.
AND SO, UH, FOR FOUR YEARS WE'VE GOT A BURNED OUT STRUCTURE.
UH, WE DO HAVE SOME FENCING AROUND SOME OF THAT AREA, IS THAT RIGHT? THE WHOLE CONSTRUCTION SITE IS FENCED OFF.
THAT'S, IT'S, IT, IT'S ACTUALLY ALMOST DONE.
UM, I NOTICED EARLIER YOU MENTIONED SOMETHING ABOUT PROSTITUTION.
SO YOU ARE AWARE OF PROSTITUTION IN THE AREA? YES.
UM, AND SO AGAIN, HAVING SECURITY ON SITE YOU BELIEVE IS NOT A REASONABLE MEASURE? I DON'T BELIEVE SO.
UM, AND YOU ARE AWARE THAT THERE WAS A HUMAN, HUMAN TRAFFICKING INCIDENT ON THE PROPERTY AS WELL, IS THAT CORRECT? I'M NOT AWARE.
MAYBE IT WAS CLASSIFIED AS KIDNAPPING.
ON THE PROPERTY AT YOUR APARTMENT COMPLEX, THE PROPERTY, YOU'RE NOT AWARE OF ANY KIDNAPPING OR HUMAN TRAFFICKING INCIDENT? NO, NOT AT ALL.
I BELIEVE THAT'S ALL THE QUESTIONS THAT I HAVE.
UM, MR. SINGAPORE, I DON'T KNOW IF YOU HAVE ANY OTHER WITNESSES, BUT YOU'VE GOT, UH, EIGHT MINUTES REMAINING IN YOUR TIME, WHICH WOULD INCLUDE, UH, QUESTIONING OF THE CITY WITNESSES.
I DON'T, UM, I DON'T, DO NOT HAVE ANY ADDITIONAL WITNESSES.
UH, THEN WE WILL, UH, UM, GO TO BOARD QUESTIONING.
WE WILL GO DOWN THE LIST FIRST FOR A THREE MINUTE ROUND.
UM, MS. AALA, DO YOU HAVE ANY QUESTIONS FOR THIS WITNESS? NO, I DON'T.
MS. WILLIS? UM, I'M STILL PUTTING MY QUESTIONS TOGETHER, SO I'LL PASS AT THIS, THIS ROUND.
I WILL COME BACK TO YOU, MS. TORRES.
UM, MR. JOSH, CAN YOU SPEAK ON SOME OF THESE AGGRAVATED ROBBERY ASSAULTS THAT HAPPENED WITHIN THE PAST YEAR ON YOUR PROPERTY? SIX TO BE EXACT, WHICH IN MY OPINION IS, IS A LOT.
RIGHT? LIKE I UNDERSTAND ONE, BUT THIS IS HAPPENING SINCE MAY 28TH OF LAST YEAR, THE 31ST OF LAST YEAR, SEPTEMBER 23RD OF LAST YEAR, NOVEMBER THE SIXTH, JANUARY 1ST OF THIS YEAR, AND THEN JANUARY 3RD OF THIS YEAR.
AND THIS ONLY GOES ON, I BELIEVE, UNTIL APRIL.
CAN YOU SPEAK ON WHAT IS THE, IS WHAT ARE YOU GUYS DOING TO PREVENT AGGRAVATED ROBBERY ROBBERY ON YOUR PROPERTY? WELL, IT'S EASY TO SHIFT BLAME, BUT WE DO BELIEVE THAT FROM THE MOTEL AND THE GAS STATION, THAT WHAT'S HAPPENING IS PEOPLE ARE CALLING IN 9 1 1 AND BY THE TIME THEY COME, IT'S CONSIDERED LIKE ON OUR PROPERTY OR THEY JUST NEED AN ADDRESS.
SO THEY'RE USING OUR PROPERTY, BUT WE DON'T BELIEVE THAT IT'S ANYTHING RELATED TO PROPERTY.
SO CAN YOU TELL ME SPECIFICALLY, YOU KNOW, LIKE WHAT EVIDENCE YOU HAVE TO SUPPORT THAT STATEMENT? WELL, WE'VE HAD MEETINGS WITH TENANTS.
WE'VE ASKED THEM IF THEY'VE CALLED 9 1 1 IS WHAT DO THEY SEE, WHAT DO THEY KNOW? IT'S NOT FROM US, IT'S FROM SURROUNDING AREA.
DO YOU REVIEW THE POLICE REPORTS THAT HAVE BEEN PRESENTED, NOT ONLY TODAY, BUT PRIOR TO TODAY? DO, DO YOU REVIEW THEM AND, YOU KNOW, SPEAK TO THE TENANTS? THERE IS CRIME WATCH MEETINGS THAT THE MANAGER ATTENDS PERIODICALLY, INCLUDING THERE'S ONE TODAY AT THE, AT OUR PROPERTY.
[02:25:01]
OKAY.BUT YOU'RE NOT GOING LIKE, MAKING SURE THAT YOUR TENANTS ARE OKAY.
SO IT DOESN'T SOUND LIKE YOU HAVE AN ISSUE WITH THE ACTUAL TENANTS, BUT MAYBE PEOPLE COMING ON PROPERTY.
UM, DO YOU, WHAT IS YOUR SECURITY MEASURES? CAN YOU EXPAND ON THAT? DO YOU HAVE SECURITY ON SITE? WE HAVE THE CAMERAS AND WE HAVE THE SITE WATCH.
YOU DO NOT HAVE SECURITY SURROUNDING, LIKE PATROLLING THE BUILDING DESPITE THESE SIX AGGRAVATED ROBBERIES THAT YOU SAY IS FROM THE LOCAL AREA, BUT NOT ON YOUR PROPERTY? CORRECT.
HAVE YOU CONSIDERED, UM, BRINGING PHYSICAL SECURITY ON SITE SO THAT YOUR TENANTS CAN FEEL MORE COMFORTABLE? IT, IT, IT'S BEEN DISCUSSED.
I'M SORRY? IT'S BEEN DISCUSSED.
SO YOU, DO YOU HAVE A LICENSE READER IN YOUR ENTRY POINTS ON THE PROPERTY? WE DO NOT, BUT ALL THE ACTIVITY THAT'S BEEN FOUND HAS BEEN WALKING TRAFFIC, NOT DRIVING TRAFFIC.
I'M SO SORRY, CAN YOU REPEAT THAT? OR JUST ALL THE, ALL THE ACTIVITY THAT'S BEEN FOUND HAS BEEN WALKING TRAFFIC, NOT DRIVING TRAFFIC.
AND THEN REGARDING THE WHOLE PHASE ONE, PHASE TWO, PHASE THREE, PHASE FOUR, ALL ALL HAVE BEEN BUILT.
YOU JUST CONSIDER THEM FOR SEPARATE PROPERTIES? WE BOUGHT IT THAT WAY.
I'M SORRY, WE BOUGHT IT THAT WAY THEN FOR SEPARATE PARCEL OF LAND.
UM, IS IT REGISTERED AS ONE PROPERTY WITH THE STATE OF TEXAS? NO, IT'S REGISTER AT, OH, I'M NOT, I MEAN IT'S, I'M, I'M NOT SURE HOW TO ANSWER THAT QUESTION.
I MEAN, THERE'S COS ON EACH ONE.
UM, AND REGARDING THE CAMERA MON BEING MONITORED, THE 30 CAMERAS, HOW LONG HAVE YOU, UM, HAD THESE CAMERAS WITH SIGHT WATCH? I BELIEVE SINCE 2021.
AND PRIOR TO 2021, WHAT WAS IN PLACE? THE, THE 30 CAMERA WE DID HAVE ON PHOTO SECURITY AT ONE POINT, BUT IT DIDN'T, DIDN'T HELP.
AND WHAT WAS THE REASON FOR DISCONTINUING THAT? IT WASN'T HELPING.
AND, UH, I GOT YOU YOUR TIME, MS. TORRES.
UH, MR. HAYES, NOW I HAVE SOME QUESTIONS.
DID MY NOTES MR. BRADEN, I JOT DOWN WHAT I THINK YOU SAID, AND I WANT YOU TO CONFIRM IT THAT NONE OF THE REPORTED INCIDENTS THAT ARE IN THE PACKAGE INVOLVE RESIDENTS OF YOUR PROPERTY, THAT THEY WERE ALL OUTSIDERS OR DID I MISUNDERSTAND THAT STATEMENT? NO, THAT IS CORRECT.
AND THAT'S ALL FOUR BUILDINGS, NOT JUST PHASE ONE? FAR AS I'M AWARE, YES.
AND, UH, JUST GOING BACK TO THE LAST QUESTIONS YOU RESPONDED TO, I DIDN'T QUITE HEAR YOUR RESPONSE.
DID YOU SAY THAT AS FAR AS THE CITY IS CONCERNED, THERE IS A SEPARATE CERTIFICATE OF OCCUPANCY ISSUE FOR EACH OF THE FOUR BUILDINGS? OR DID YOU SAY THEY ALL ARE UNDER ONE CERTIFICATE OF OCCUPANCY? IT'S FOUR CERTIFICATES.
THANK YOU, MR. MAY, MR. QUINT? YES, SIR.
SO, WHEN MR. SINGAPORE OPENED UP HIS STATEMENT SAYING THAT THESE WERE FOUR SEPARATE PROPERTIES, SO TO SPEAK, BUT YET KEEP HEARING THE WORD PHASES.
SO IN THE TRUE SPECTRUM OF THE WORD PHASE, THOSE ARE ADDITIONS EXISTING PROPERTY, CORRECT? OH, THERE'S NOT AN OFFICE ON EACH? NO.
THE PARCELS, NO SIR, THAT WASN'T MY QUESTION.
WHEN WE HAVE, UH, A BUILDING AND WE ADD A PHASE TWO AND A PHASE TWO TO A PROPERTY, IT'S ALL CONSIDERED ONE PROPERTY, HENCE THE WORD PHASE.
SO THE NEXT QUESTION IS, WHEN Y'ALL BOUGHT IT, DID Y'ALL BUY THIS PROPERTY AS ONE PARCEL OR FOUR
[02:30:01]
SEPARATE PARCELS? WELL, WE BOUGHT IT AT ONE TIME FROM THE SAME OWNER.SO AGAIN, SO THEREFORE IT'S ALL, AGAIN, ONE PROPERTY, NOT FOUR SEPARATE PROPERTIES.
UM, ARE THERE FENCING TO SEPARATE EACH, UM, PHASE FROM ONE, UH, TO ANOTHER TO ANOTHER? OR ARE THEY JUST OPEN TO EACH OTHER? THEY'RE OPEN, BUT NOT TO EACH OTHER BECAUSE YOU HAVE TO CROSS AT LEAST ONE STREET TO GET TO EACH ONE.
WELL, NO, I ASK YOU, IS THERE FENCING BETWEEN THEM TO SEPARATE THEM AS SEPARATE PARCELS? NO.
SO AGAIN, I'M, I'M GONNA MOVE ON FROM THAT, BUT WE, I THINK WE'VE ESTABLISHED IT'S NOT FOUR SEPARATE PROPERTIES, BUT ONE PROPERTY.
UM, YOU HAD MENTIONED THAT, UH, ONSITE SECURITY IS NOT FEASIBLE.
WHY IS THAT? WELL, WE TRIED IT AND IT HADN'T WORKED WELL, NO.
EARLIER YOU SAID WE DISCUSSED IT.
OH, WE DISCUSSED WHAT IS OUR BEST COURSE OF ACTION RIGHT NOW? DO WE WANNA GO BACK TO TRYING THE SECURITY THAT DOESN'T WORK, OR DO YOU WANNA TRY SOMETHING ELSE? WELL, NO, NO.
I ASK WHY IS IT NOT FEASIBLE? OF COURSE IT'S FEASIBLE.
I MEAN, NOT, WE DON'T FEEL IT'S THE BEST COURSE OF ACTION.
WELL, BUT WELL, YOU'RE CONTRADICTING YOURSELF, SIR.
WE HAVE TWO OPTIONS ON THE TABLE.
WE FEEL THAT USING MORE CAMERAS WITH A SITE WATCH IS A BETTER WAY TO GO THAN HAVING A PHYSICAL OFFICER ON SITE.
SO SPEAKING OF SITE WATCH, SO YOU HAVE 30 CAMERAS, CORRECT? CORRECT.
AND ARE THEY MONITORED 24 7? THE ONES FROM SITE WATCHER.
AND HOW MANY CAMERAS IS THE INDIVIDUAL THAT'S WATCHING YOUR CAMERAS WATCHING AT THE SAME TIME? IT'S A THIRD PARTY.
SO, SO YOU DON'T KNOW WHETHER THIS PERSON THAT'S MONITORING IS LOOKING AT 200 CAMERAS OR, OR 30 CAMERAS? I I WOULD IMAGINE IT'S PER PROPERTY, BUT I, I CAN'T SPEAK FOR THAT COMPANY.
SO WHEN Y'ALL DO PEST CONTROL, THAT'S WHEN Y'ALL DO INSPECTIONS.
SO AS A LANDLORD WITH PROPER NOTICE, YOU HAVE THE RIGHT TO INSPECT ANY APARTMENT, RENT, HOUSE.
DO Y'ALL EVER JUST DO THAT? YES.
WELL WAIT, EARLIER YOU SAID THAT THAT'S YOUR TIME.
UH, THANK FOR THIS ROUND, MR. QUINN.
I HAVE A COUPLE QUESTIONS, UM, ALONG THE LINES OF MR. QUINT'S QUESTION REGARDING THE TEST INSPECTIONS.
UM, I WAS LOOKING AT PAGE 49 IN YOUR EXHIBIT AND, UM, CAN YOU EXPLAIN TO ME HOW FREQUENTLY, WELL FIRST, HOW MANY APARTMENTS ARE IN PHASE ONE AND THEN THE FREQUENCY OF, UM, EACH UNIT'S INSPECTION? LIKE IF I AM ONE UNIT, HOW OFTEN COULD I EXPECT TO HAVE A PEST CONTROL INSPECTION THROUGHOUT THE YEAR? I, I WANNA SAY QUARTERLY, I DON'T HAVE THAT INFORMATION.
AND THEN HOW MANY UNITS ARE IN PHASE ONE? THERE'S 1 77 MINUS THE FIRE UNIT.
SAY THAT LAST PART AGAIN? MINUS THE WHAT? THE FIRE UNITS THAT ARE OFFLINE RIGHT NOW.
AND ABOUT HOW MANY UNITS IS THAT? 36.
OKAY, BECAUSE IT LOOKS LIKE ON PAGE 49, ABOUT 10 ARE BEING INSPECTED EACH MONTH.
UM, SO THEN MOVING ON, UM, TALKING ABOUT, YOU MENTIONED YOUR PROPERTY MANAGER ATTENDS CRIME WATCH MEETINGS.
DOES THE PROPERTY MANAGER HOST THEM OR JUST ATTENDS THEM? BOTH.
THERE'S ACTUALLY A CRIME WATCH MEETING TODAY AT THE PROPERTY.
AND HOW OFTEN DO THOSE OCCUR? I DON'T KNOW SPECIFICS.
I WANNA SAY IT'S ONCE EVERY TWO MONTHS.
AND THEN, UM, DOES THE PROPERTY MANAGER THEN, UM, MEET REGULARLY WITH D P T D P D TO GET THE CRIME INFORMATION FOR THAT LOCATION TO PRESENT AT THE CRIME WATCH MEETING? I'M NOT SURE.
DO YOU KNOW IF THE PROPERTY MANAGER MEETS REGULARLY, UM, OR TALKS REGULARLY WITH D P T? SHE DEFINITELY REACHES OUT TO THE N P O.
SO SHE DOES KNOW WHO THE N P O IS AND STAYS IN CONTACT.
UM, AND THEN MY LAST QUESTION, UM, DO YOU HAVE ANY GATES AT THE ENTRY THAT EXIT, UH, POINTS FOR THE APARTMENT COMPLEX? NO, BUT IT'S NOT REALLY, I
[02:35:01]
DON'T WANT TO USE THE WORD FEASIBLE AGAIN, IT'S, IT'S COMPLICATED TO, UH, SECURE IT THE WAY THE PROPERTY LOOKS.NOT SECURE, THAT'S THE WRONG WORD.
IT'S COMPLICATED TO PUT A GATE UP, THAT'S FOR SURE WITHOUT MAKING IT LOOK LIKE A PRISON.
UM, SO, SO MR. CRAVEN, THESE, THERE'S, THERE'S ACTUAL CITY STREETS IN BETWEEN THESE PHASES, CORRECT? YES.
LIKE CROSSWALKS, MEDIAN TRAFFIC, LIGHTS, WHOLE THING.
UM, AND YOU BOUGHT EACH ONE OF THESE PROPERTIES SEPARATELY, OR NOT YOU, BUT THE, THE COMPANY BOUGHT EACH ONE OF THESE PROPERTIES SEPARATELY? NO, IT WAS BOUGHT TOGETHER.
BUT YOU SAID THEY WERE BOUGHT AS SEPARATE PROPERTIES, IT SOUNDS LIKE WE'RE JUST TALKING ABOUT A TECHNICALITY.
THEY WERE BOUGHT ALL TOGETHER AT THE SAME TIME FROM THE SAME OWNER.
UM, THE, DO YOU HAVE THE, UH, UM, THAT SITE PLAN THAT MR. SINGAPORE WAS SHOWING AND RIGHT NOW I'M JUST TALKING ABOUT PHASE ONE.
I DON'T HAVE IT HANDY, BUT I KNOW IT.
YOU KNOW, YOU KNOW WHAT IT LOOKED LIKE.
WHY COULDN'T YOU ERECT A GATE AND FENCES WITHIN THE PRO, THE BOUNDARIES OF THAT PROPERTY? WELL, WE DON'T WANNA LOSE THE FRONTAGE, SO IT'S A BUSINESS.
BUT COULD YOU NOT ERECT FENCES AND JUST HAVE, YOU KNOW, LIKE MOTORIZED GATES ON THE DRIVEWAY? NO, BECAUSE BETWEEN THE ENTRANCES OF CARS TO BE ABLE TO, UM, GET IN THERE, I'M JUST GONNA MAKE MY BATTERY MIGHT DIE.
UM, AND, UH, THERE'S, I DUNNO HOW YOU CALL IT, LIKE IRON BARS THAT ARE, YOU COULD JUST CLIMB RIGHT OVER.
DOES THAT MAKE SENSE? SO I, I'M LOOKING AT, UH, I'M LOOKING AT THIS CYCLING, RIGHT? AND WE HAVE, UH, MAYHEM ROAD, FOR EXAMPLE.
IS THERE A FENCE ALONG MAYHEM ROAD? NO.
COULD THERE BE NOT WITHOUT BLOCKING THE FRONTAGE, THERE'S DRIVEWAYS, RIGHT? OR MAYBE I'M, I'M MISSING SOMETHING.
THERE'S, YEAH, THERE'S THREE ENTRANCES AND ESPERANZA ROAD, WHICH USED TO BE CALLED MAYHEM.
AND IN BETWEEN THOSE ENTRANCES, IT LOOKS LIKE THERE'S A CONCRETE WALL.
IS THAT CONCRETE WALL WITH LIKE AN IRON BARS? YEAH.
AND, AND HOW TALL IS THAT CONCRETE WALL? THREE FEET MAYBE.
I MEAN, COULD SOMEBODY EASILY CLIMB OVER THAT? YES.
COULD THAT BE TURNED INTO SOMETHING THAT SOMEBODY COULDN'T EASILY CLIMB OVER? NOT WITHOUT LOSING THE FRONTAGE.
WHAT, WHAT IS, WHAT IS THE FRONTAGE THAT YOU'RE REFERRING TO? A CAR CAN'T GO THROUGH THERE CURRENTLY IF THERE'S A CONCRETE WALL, RIGHT.
I'M SAYING, BUT IF SOMEONE'S DRIVING BY LOOKING FOR A COMPLEX, YOU, SO YOU WOULD BLOCK IT, BUT COULD YOU BLOCK IT WITH LIKE A SO IT'S, IT'S SORT OF, I MEAN, THERE'S SORT OF LIKE A FENCE.
I MEAN, I'M CALLING IT AN IRON ROD, BUT IT IS A FENCE.
SO THERE IS WROUGHT IRON THERE, IF I RECALL? YEAH.
UM, AND, AND THEN WHAT ABOUT ON THE SIDES OF THE PROPERTY? UH, LIKE THE SIDE WHERE THE HOTEL IS, THERE'S A, THERE IS A WALL THERE ALREADY, A CONCRETE WALL WITH METAL FENCE.
AND SO IS THE ONLY PLACE THAT THERE IS NOT CURRENTLY A PHYSICAL BARRIER ON THE BACK OF THE PROPERTY ALONG WHERE THE TRAIL AND THE, UH, ENCORE RIGHT OF WAY IS? NO.
SO THE BACK IS, YOU CAN TECHNICALLY GET INTO TO THE PARKING LOT ON THE SORT OF BACK SLASH SIDE BEHIND THE MOTEL
[02:40:01]
IS AN EXIT ONLY FOR TRUCK, FOR CARS AND FOOT TRAFFIC FROM THE HOMELESS.AND IN THE FRONT THERE'S THE THREE, UM, DRIVEWAY ENTRANCES.
BUT, BUT YOU ARE SAYING THAT IT WOULD NOT BE POSSIBLE TO ACTUALLY MAKE THIS PROPERTY FULLY GATED TO WHERE IF SOMEBODY WANTED TO COME IN, THEY'D HAVE TO WAGE WAVE A BADGE AT A CARD READER TO GET IN.
THAT'S JUST NOT PHYSICALLY POSSIBLE? CORRECT.
OR, OR IS IT, I MEAN, I WOULDN'T SAY IT'S NOT PHYSICALLY POSSIBLE, BUT IT'S, IT'S, YOU KNOW, YOU'LL, YOU'RE GONNA LOSE YOUR ENTIRE FRONTAGE.
I, I HAD UNDERSTOOD FROM MR. SINGAPORE THAT THAT WAS NOT PHYSICALLY POSSIBLE, BUT MAYBE I MISUNDERSTOOD HIM.
NO, HE TALKING ABOUT, YOU'RE SAYING THAT, THAT THAT IS THEORETICALLY POSSIBLE.
I THINK MR. SINGAPORE WAS TALKING MORE, UM, EASEMENT WISE OR LEGAL WISE.
YOU'RE ASKING ME A DIFFERENT QUESTION.
UH, WE WILL GO BACK THROUGH WITH THE FOLKS WHO PASSED OR WHO MIGHT WANT A SECOND ROUND.
AND SO MY QUESTION WOULD BE, ACTUALLY I HAVE TWO, BUT SO PIGGYBACKING OFF OF, UH, ONE OF THE QUESTIONS THAT WAS ASKED, UM, ABOUT THE SECURITY, UM, THERE BEING A, YEAH.
UM, YOU'RE SAYING IT'S NOT REALLY, IT'S NOT ACTUALLY, UH, WELL YOU WANNA USE THE WORD FEASIBLE, BUT THAT, THAT IT WOULD NOT BE POSSIBLE.
BUT I'M THINKING IF THERE WAS A CURFEW INVOLVED, I'M SORRY, I MISSED THAT.
IF THERE WAS A, WHAT INVOLVED A CURFEW, IF THERE WAS POSSIBLY A CURFEW INVOLVED, COULD A GATE BE PUT INCLUDED SOMEWHERE? UM, ON THE FRONT OF THE, YEAH, ON THE, ON THE FRONT SOMEWHERE ON, ON THE PREMISES.
I MEAN, PEOPLE LIVE AT THIS PROPERTY.
I MEAN, BUT A CURFEW NOT UNDERSTAND.
SO MY OTHER QUESTION IS, YOU DON'T, SO AS FAR AS CRIMINAL ACTIVITY, YOU'RE SAYING THAT'S NOT MUCH HAPPENING.
IT'S REALLY THE BUSINESSES SURROUNDING THE PROPERTY THAT'S HAVING THE ACTIVITY, BUT YOUR PROPERTY IS GETTING, UM, THE ADDRESS IS THE ONE THAT'S BEING REPORTED.
IS THAT WHAT YOU WERE SAYING? IN MY OPINION.
THAT'S ALL THE QUESTIONS I HAVE.
UH, MR. JOSH, DUE TO THE GRAVITY OF THE CRIMES, I'M AFRAID YOUR OPINION IS GONNA NEED MORE WEIGHT.
I MEAN, OR MORE EVIDENCE, FOR EXAMPLE.
UM, I COULD REALLY ONLY GET THROUGH ONE INCIDENT REPORT, UM, SEPTEMBER 23RD, 2022, JUST BECAUSE THERE'S SO MANY.
UM, HAVE YOU, ARE, ARE YOU FAMILIAR WITH THIS AGGRAVATED ASSAULT ROBBERY THAT HAPPENED ON YOUR, ON THIS PROPERTY? I'M NOT.
WELL, THEY, THEY ALLUDE TO THE, UM, VICTIM BEING A RESIDENT OF THE APARTMENT COMPLEX AND, UM, IT, IT MAY BE THAT, BUT I JUST TO CUT YOU OFF, BUT THAT'S A VICTIM.
RIGHT? BUT, BUT IT'S STILL YOUR DUTY TO PROTECT THE PEOPLE THAT LIVE IN YOUR PROPERTY, IN MY OPINION.
UM, SO I DON'T THINK YOUR, I DON'T THINK YOUR TENANTS ARE RIGHT.
UM, I I THINK IT'S STILL A BIG DEAL THAT THEY'RE BECOMING, THAT THEY ARE THE VICTIM.
SO LIKE, MY QUESTION IS IN SUMMARY, WHAT IS, WHAT ARE, WHAT ARE YOU DOING TO PROTECT THEM BESIDES THE CAMERAS? WELL, WE'VE JUST UPDATED ALL THE LIGHTING AT THE PROPERTY.
UM, YOU DID SEND SOME PICTURES, UM, IN YOUR EVIDENCE PACKET.
[02:45:02]
DO YOU, UM, DO YOU CONSIDER THIS PLACE TO BE SAFE OVERALL, YES OR NO? YES.WOULD YOU LIVE THERE? POSSIBLY.
DO YOU GET REPORTS FROM FIRST WATCH THAT WOULD LIST ALL THE TIMES THAT THE SIRENS AND WARNINGS WENT OFF AND FURTHERMORE INDICATE HOW MANY TIMES THE INDIVIDUAL WHO SET IT OFF FLED VERSUS ACTUALLY ENTERED THE PROPERTY.
DO YOU HAVE ANY SUCH REPORTS FROM FIRST ONE? I'M SURE THEY HAVE IT.
I JUST GET, I'M ON THE EMAIL LIST IF IT'S, IF THEY SEE SOMETHING I DO.
UM, MR. CRAVEN, AND AGAIN, IN MR. SINGAPORE'S OPENING, HE WENT THROUGH ALL THE, UM, AREAS OF THE, UH, EASEMENTS AND STATED, YOU KNOW, THAT YOU CAN'T PUT FENCING OR LOCKING THINGS HERE OR THERE.
UM, BUT YET WITH EASEMENTS WE CAN ALWAYS APPLY FOR EXEMPTIONS.
HAVE Y'ALL APPLIED FOR ANY EXEMPTIONS WHATSOEVER TO PUT UP FENCING ON THE BACKSIDE? SECURITY ON THE BACKSIDE? NO.
WHY IS THAT, SIR? WE DON'T FEEL THAT THE ANYBODY'S COMING FROM THE TRAIL.
I MEAN, IT WAS DARK UNTIL THE CITY ASKED US TO PUT UP THE LIGHTING.
NOW WE PUT UP THE LIGHTING, WE FEEL THAT THE TRAFFIC IS COMING FROM.
SO YOU SAID YOU DON'T FEEL THAT IT'S COMING FROM THE HIKING, BIKING TRAIL.
WHAT EVIDENCE DO YOU HAVE TO SHOW THAT OTHER THAN YOU SAID, WE DON'T FEEL NOBODY GOES DOWN THAT TRAIL THAT NIGHT.
UM, YOU HAD SAID THAT PUTTING UP FENCING WOULD LOCK THE FRONT.
THERE ARE PLENTY OF APARTMENTS AROUND THIS CITY THAT ARE TOTALLY ENCLOSED BY GATES AND WALLS AND FENCING THAT I WOULD GUESS HAVE NO PROBLEM LEASING.
WHY WOULD THAT AFFECT YOUR PROPERTY AND NO ONE ELSE? SO IF JUST, IF YOU WOULD LOOK AT, LET'S JUST SAY ONE OF OUR COMPETITORS RIGHT ACROSS THE STREET, THE WAY THE PROPERTY IS SITUATED, IT'S A LITTLE FURTHER BACK.
YOU COULD STILL HAVE FENCE AND IT DOESN'T INTRUDE ON THE FRONTAGE.
YOU DIDN'T ANSWER MY, I I ASKED WHY.
IS IT YOUR SPECIFIC PROPERTY AFFECTED BY THAT, BUT NO, OTHERS ARE? I AM ANSWERING THE QUESTION.
FOR EXAMPLE, THE PROPERTY ACROSS THE STREET DOESN'T HAVE THAT PROBLEM.
IT'S FURTHER BACK, SO YOU'RE ABLE TO PUT A FENCE AND IT DOESN'T BLOCK THE FRONTAGE.
UM, SO A COUPLE MORE THOUGHTS.
SO, UM, YOU SAID THERE'S A TECHNICALITY ABOUT, WELL THEY WERE ALL BOUGHT AT ONCE.
WELL, WHEN YOU BUY A PARCEL OF LAND, IF THERE'S FOUR BUILDINGS ON IT, YOU BOUGHT IT ALL AT ONCE, BUT YET YOU'RE SAYING IT'S A TECHNICALITY.
WHY IS THAT? I MEAN, IT'S DIFFERENT OWNERS, SO IT'S FOUR DIFFERENT OWNERS OF EACH PHASE.
I DON'T KNOW HOW MANY OWNERS BUT DIFFERENT OWNERS.
IS IT ALL UNDER THE SAME L L C? IT IS NOT INTERESTING.
SO THAT, THAT'S YOUR TIME, MR. QUINT.
MR. CRAVEN, YOU'VE SAID THAT, UM, YOU FEEL THAT, OH, I THINK WE LOST HIM.
YEAH, HE IS ON HIS PHONE WAS GONNA DIE.
HE WAS TALKING ABOUT HIS BATTERY MI MR. SINGAPORE, DO YOU HAVE ANOTHER WAY OF CONTACTING? YES, I CAN TRY TO CALL HIM REAL QUICKLY.
WHY DON'T WE TAKE A, UH, FIVE MINUTE RECESS.
UH, WE'LL BE BACK AT, UH, 1144.
[02:50:04]
ALRIGHT, IT'S, UH, NOW NOON O'CLOCKI ANTICIPATE MR. CRAVEN CAN'T PARTICIPATE FOR THE REMAINDER VIA PHONE.
SO, SO THE CITY HAS ALREADY ASKED QUESTIONS OF, UH, MR. CRAVEN AND THE BOARD MEMBERS HAVE ASKED, UM, QUESTIONS.
UM, MS. SHIN WAS ABOUT TO HAVE HER SECOND ROUND ASKING QUESTIONS, BUT SHE HAS AGREED, UH, TO FOREGO THAT.
SO IF BOTH PARTIES ARE, UH, AGREEABLE AT THIS POINT, WE CAN PROCEED WITHOUT MR. CRAVEN FOR THE REMAINDER OF THE HEARING.
IS THAT OKAY WITH YOU, MR. SINGAPORE? UH, LET ME CHECK WITH MR. CRAVEN.
WE'LL JUST, WE'LL JUST WAIT FOR YOU TO HEAR FROM THERE.
THAT'S CONFIRMED FROM OUR END TOO.
UM, MS. SS, YOU DO STILL HAVE TWO MINUTES.
IF YOU'D LIKE TO ASK ANY QUESTIONS OF THE, UH, APPELLANT'S REPRESENTATIVE, I WILL ASK MY QUESTION.
UM, MR. SINGAPORE, I'M NOT SURE YOU KNOW THE ANSWER, WHICH IS OKAY, BUT, UM, DO YOU KNOW IF ANYONE FROM BB APARTMENTS, UH, REACHED OUT TO THE HOTEL OR THE GAS STATION TO WORK IN PARTNERSHIP TO PREVENT THE CRIME IN THE AREA? MY UNDERSTANDING IS THAT THEY'VE ATTEMPTED TO DO SO.
SO THEY'VE ATTEMPTED TO DO, YOU KNOW, THE RESULTS OF THEIR ATTEMPTS THAT THE NEIGHBORING PROPERTY OWNER WAS NOT, UM, OVERLY COLLABORATIVE IN THAT EFFORT.
AND BY THAT I MEAN, TO COME TOGETHER AND TRY TO FIGURE OUT A SOLUTION OF SOME KIND.
UM, I'VE ACTUALLY GOT JUST ONE QUESTION FOR YOU AS WELL THAT I, I HOPE YOU WILL KNOW THE ANSWER TO.
UM, AND THAT IS IN YOUR EXHIBIT PACKET, THERE'S A, UM, THERE'S A, A SHEET FOR QUARTERLY INSPECTIONS.
UM, IS THAT, IS THAT JUST AN EXAMPLE OF A QUARTERLY INSPECTION SHEET, OR IS THAT ALL OF 'EM? 'CAUSE I ONLY SEE 30 INSPECTIONS IN WHATEVER THAT QUARTER THE SHEET WAS INTENDED TO BE A REPRESENTATIVE EXAMPLE.
SO ALL OF THE APARTMENTS ARE INSPECTED EACH QUARTER.
THAT IS MY UNDERSTANDING FROM PROPERTY MANAGEMENT, YES.
UM, THEN AT THIS TIME, DOUBLE CHECK.
UH, I THINK IT, UH, WE'RE READY FOR THE CITY TO PROCEED WITH ITS PRESENTATION AND, UH, IF I CAN DO SOME QUICK MATH.
I BELIEVE YOU HAVE 19 MINUTES.
GOOD MORNING, OR NOW AFTERNOON.
UH, YOU'VE HEARD, UH, VARIOUS REASONS WHY THE HABITUAL CRIMINAL PROPERTY DESIGNATION AT THE APARTMENT COMPLEX VISTA BUENA APARTMENTS SHOULD BE OVERTONE OVERTURNED.
WE ARE SOLELY HERE TODAY BECAUSE THE OWNER DID NOT IMPLEMENT EFFECTIVE CRIME PREVENTION MEASURES TO ADDRESS THE ONGOING CRIMINAL ACTIVITY ON THE PROPERTY.
AS YOU ARE AWARE, THE ONLY ELE EVIDENCE RELEVANT TODAY IS OF CRIME PREVENTION MEASURES THAT WERE IMPLEMENTED PRIOR TO THE INITIAL HABITUAL CRIMINAL PROPERTY DESIGNATION, WHICH OCCURRED ON MARCH 23RD, 2023.
ANYTHING IMPLEMENTED AFTER THE NOTICE OF THE HABITUAL CRIMINAL PROPERTY PRESUMPTION, WHILE IT COULD BE CONSIDERED IN EVALUATING WHETHER THE DESIGNATION SHOULD BE LIFTED, CANNOT BE USED TO DETERMINE WHETHER THE INITIAL PRESUMPTION WAS REBUTTED.
ONLY MEASURES IMPLEMENTED PRIOR TO MARCH 20 20TH, 2023, BETWEEN THE PERIOD OF MARCH 20TH, 2022, CAN BE USED TO SHOW THAT THE PRESUMPTION WAS REBUTTED.
I WOULD ASK THAT YOU DO NOT GET DISTRACTED BY WHAT THE PROPERTY OWNER SAYS, OR THE PROPERTY ASSET MANAGER SAYS THEY HAVE IMPLEMENTED IN RESPONSE TO THE DESIGNATION.
BUT STAY FOCUSED ON WHAT THE ORDINANCE DIRECTS YOU TO CONSIDER, WHICH IS ONLY WHETHER THE PRESUMPTION WAS SATISFIED AT THE TIME OF THE CHIEF'S FINAL DESIGNATION.
[02:55:01]
THAT VENA BU VISTA BUENA APARTMENT HOMES IN DALLAS, TEXAS HAS BEEN THE SITE OF FIVE OR MORE AAT OFFENSES.IN FACT, THE EVIDENCE WILL SHOW THAT THERE WAS THREE TIMES THAT NUMBER OF OFFENSES IN A 365 DAY PERIOD, WHICH IS THE PERIOD BETWEEN MARCH 20TH, 2022 AND MARCH 20TH, 2023.
DURING THAT TIME, THE OWNERS FAILED TO TAKE REASONABLE STEPS TO DETER THE CRIMINAL ACTIVITY.
AN OWNER OF A HABITUAL CRIMINAL PROPERTY IS PRESUMED TO HAVE KNOWINGLY TOLERATED THE DEBATABLE CRIMINAL ACTIVITY AT THE OWNER'S PROPERTY.
BY FAILING TO TAKE REASONABLE STEPS, INCLUDING THOSE OUTLINED IN THE ORDINANCE, TO ABATE THE CRIMINAL ACTIVITY AT THE TIME OF THE ACCORD MEETING, THE OWNER CAN REBUT THE PRESUMPTION BY PRESENTING EVIDENCE THAT THEY HAVE IMPLEMENTED VARIOUS MINIMUM CRIME PREVENTION MEASURES LAID OUT BY THE ORDINANCE.
IN THIS CASE, THE ACCORD MEETING TOOK PLACE ON APRIL 26TH, 2023, AND THOUGH SOME EVIDENCE WAS PRESENTED, IT WAS INSUFFICIENT TO REBUT THE PRESUMPTION THAT THE PROPERTY MEETS THE DEFINITION OF A HABITUAL CRIMINAL PROPERTY.
IN CLOSING, THE CITY WILL SHOW HOW VISTA BUENA APARTMENTS FAILED TO IMPLEMENT THE REASONABLE CRIME PREVENTION MEASURES DURING THIS TIME, THEREFORE, KNOWINGLY TOLERATING THE DEBATABLE CRIME AND THE THUS, THE HABITUAL CRIMINAL PROPERTY DESIGNATION SHOULD REMAIN IN EFFECT UNTIL ELIGIBLE FOR REVIEW.
THE CITY CALLS THEIR FIRST WITNESS.
DETECTIVE NICHOLAS STELEK, PLEASE INTRODUCE YOURSELF, UH, TO THE BOARD.
SO, I'M, UH, NICHOLAS SZA, DETECTIVE WITH THE DALLAS POLICE DEPARTMENT.
AND HOW LONG HAVE YOU BEEN A POLICE OFFICER WITH D P D? JUST OVER NINE YEARS.
WILL YOU DESCRIBE YOUR TRAINING AND EXPERIENCE? UH, SURE.
SO I'M A TCO CERTIFIED, UH, LAW ENFORCEMENT OFFICER.
UH, WENT TO TRAINING ACADEMY, F T O, UH, LITTLE T IS WHAT WE CALL IT.
UM, DID ASSIGNMENTS IN TRAFFIC UNIT, GANG UNIT, UM, PATROL AT NORTH CENTRAL, CENTRAL AND C B D, AND THEN NOW ASSIGNED TO THE NUISANCE ABATEMENT TEAM.
WILL YOU PLEASE DESCRIBE YOUR ROLE ON THE NUISANCE ABATEMENT TEAM? SURE.
SO THE NUISANCE ABATEMENT TEAM, UH, IS STAFFED BY DOWS POLICE DETECTIVES AND CONDUCT INVESTIGATIONS REGARDING THE HABITUAL CRIMINAL PROPERTY, UH, ORDINANCE OF THE CITY OF DALLAS.
I'D LIKE TO DIRECT YOUR ATTENTION TO WHY WE'RE HERE TODAY.
ARE YOU FAMILIAR WITH THE VISTA BUENA APARTMENTS LOCATED IN DALLAS, TEXAS? YES.
AND HOW, UM, HAVE YOU HAD THE OPPORTUNITY TO BECOME FAMILIAR WITH THE PROPERTY? UH, THE PROPERTY WAS REFERRED TO THE NUISANCE AMENDMENT UNIT, UH, DUE TO CRIME STATS, UH, AND PATROL DIVISION CONCERNS.
AND THEN I CONDUCTED AN INVESTIGATION REGARDING THE HABITUAL PROPERTY.
AND THIS PROPERTY'S LOCATED IN THE NORTH CENTRAL DIVISION OF DALLAS? CORRECT.
WHAT'S THE, THE REPUTATION OF THE VISTA BUENO APARTMENT WITHIN THE DALLAS POLICE DEPARTMENT? THE REPUTATION ON THIS PROPERTY IS VERY NEGATIVE, HIGH CRIME ACTIVITY, UM, AND A LOT OF CALLS WITH SERVICE.
CAN YOU TELL THE BOARD GENERALLY HOW YOU EVALUATE HABITUAL CRIMINAL PROPERTIES? SURE.
SO WE TAKE INTO ACCOUNT, UH, A REFERRAL FROM SOMEONE IN THE DEPARTMENT.
UM, AND THEN GENERALLY WE OVERLOOK THE HABITABLE, UH, OFFENSES THAT OCCUR ON THE PROPERTY ARE CONNECTED TO THE PROPERTY.
UM, AND THEN WE DETERMINE WHETHER OR NOT THE PRESUMPTIONS ARE SATISFIED ACCORDING TO THE ORDINANCE.
AND WHAT'S, WHAT DO YOU DO AFTER THAT ONE? IF IT'S DETERMINED, IT'S SATISFIED.
SO WHEN WE DETERMINE THE PRESUMPTIONS ARE SATISFIED, WE DRAFT UP THE HABITUAL CRIMINAL PROPERTY NOTICE, WHICH IS, WAS SUBMITTED INTO EVIDENCE.
WE SEND THAT LETTER TO THE PROPERTY OWNERSHIP, UH, AND REQUEST A MEETING DATE, UH, WITH OWNERSHIP WHAT IS EXPECTED, UM, OF THE OWNER TO LIKE BRING OR DO IT A COURT AT THE MEETING.
SO ONE, IT'S EXPECTED THE OWNERSHIP SHOW UP OR WITH REPRESENTATION, AND THEN PRESENT EVIDENCE OF CRIME PREVENTION MEASURES THAT THEY HAVE IMPLEMENTED ON THE PROPERTY.
AND FOR THOSE THAT ARE LISTENING, WILL YOU TELL US WHAT IS AN DEBATABLE OFFENSE? SO, DEBATABLE OFFENSE IS DESCRIBED BY THE CITY ORDINANCE, WHICH DESCRIBES OFFENSES UNDER CHAPTER 1 25 OF THE STATE CODE, UH, GENERALLY AGGRAVATED OFFENSES, GUN CRIMES, DRUG CRIMES, UM, AND PUBLIC NEWSROOMS CRIMES.
DURING YOUR EVALUATION, WHEN YOU'RE LOOKING AT THE AAT OFFENSES, ARE YOU VERIFYING THAT THE CRIMES ARE ASSOCIATED WITH THE PROPERTY THAT YOU'RE LOOKING AT? YES.
SO THE GENERAL INVESTIGATION PROCESSES, WE LOOK AT THE NINE ONE ONE CALL FOR SERVICE TO, UH, SEE WHAT THE CALL NOTES ARE.
WE LOOK AT THE INCIDENT REPORT, UM, AND THEN WE REVIEW BODY CAMERA AND ANY, ANY OTHER DOCUMENTS, UH, RELATING TO THE INCIDENT.
WOULD IT BE POSSIBLE THAT YOU WOULD BE LOOKING AT CRIME THAT'S HAPPENING ON ANOTHER PROPERTY OR RELATED TO ANOTHER PROPERTY, OR DO YOU,
[03:00:01]
IS PART OF YOUR INVESTIGATION TO ENSURE THAT DOESN'T HAPPEN? UH, THE INVESTIGATION IS TO ENSURE THAT, UM, WE DO GET CRIME REPORTS THAT ARE RELATED TO OTHER PROPERTIES, BUT THE PROCESS ELIMINATES THOSE BY LOOKING AT THE VIDEO INCIDENT REPORTS AND OFFICER TESTIMONIES.LET'S TALK SPECIFICALLY ABOUT VISTA BUENO APARTMENTS.
DID YOU CONDUCT THE SAME EVALUATION AT VISTA BUENO APARTMENTS THAT YOU JUST DESCRIBED FOR THE BOARD? I DID.
WAS THERE ALSO A HISTORY OF CRIMINAL ACTIVITY AT THE PROPERTY? THERE WAS, YES.
HOW MANY DEBATABLE OFFENSES DID YOU IDENTIFY IN THE TIME PERIOD OF MARCH 20TH, 2022 AND MARCH 20TH, 2023.
SO I HAD DOCUMENTED 15 DEBATABLE OFFENSES.
DID ALL THE OFFENSES OCCUR ON OR CONNECTED TO THE PROPERTY? YES.
AND DID THE OFFENSES, UM, DO YOU HAVE AN OPINION ABOUT WHETHER OR NOT THE OFFENSES INVOLVED RESIDENTS OF THE VISTA BUENO APARTMENTS? THE OVERVIEW OF THE CASE IS THAT MOST OF THE VICTIMS OF THE AG ROBBERIES, AG ASSAULTS, UM, ARE RESIDENTS OF THE PROPERTY.
THERE'S, THERE'S MAYBE ONE OR TWO IN WHICH THE RE UH, RESIDENT ACTUALLY COMMITTED THE OFFENSE.
AND YOU CAN REFERENCE, UH, TAB FIVE ON THE CITY'S EXHIBIT, PAGE 54 WITH THE SUMMARY OF THE OFFENSES.
DID, UH, WILL YOU GIVE A BRIEF OVERVIEW OF THE OFFENSES THAT ARE OCCURRING ON THE PROPERTY? UM, SO AS THE BOARD ADDRESSED EARLIER, A LOT OF THE OFFENSES ARE AGGRAVATED ROBBERIES, AGGRAVATED ASSAULTS, UM, AND DISORDERLY CONDUCTS, UH, INVOLVING FIREARMS ON THE PROPERTY.
DID YOU DETERMINE AFTER YOUR EVALUATION THAT THIS PROPERTY DID IN FACT MEET THE PRESUMPTION? YES.
AND DID YOU SEND A HABITUAL CRIMINAL PROPERTY NOTICE LETTER TO THE OWNER OF THIS PROPERTY? I DID.
UH, REFERENCE CITY'S EXHIBIT TAB THREE, PAGE 38.
DID YOUR NOTICE LETTER INCLUDE A DATE TO ATTEND A MEETING? IT DID, YES.
AND DID THE PROPERTY OWNER OF THE VISTA BUENO APARTMENTS ATTEND THE MEETING? YES.
WHO SPECIFICALLY FROM VISTA BUENO APARTMENTS ATTENDED? SO WE MET WITH MARIA VARGAS.
HE, SHE IS THE ONSITE PROPERTY MANAGER.
AND THEN, UH, JOSHUA CRAVEN, WHO IS THE ASSET MANAGER.
DID THEY PROVIDE ANYTHING TO YOU AT THE MEETING? THEY DID, THEY PRESENTED SOME EVIDENCE.
AND WHAT EVIDENCE DID THEY PROVIDE? SO THEY PROVIDED TOWING A TOWING LOG THAT WAS SHOWN TO ENFORCE TOWING ON THE PROPERTY.
UM, PICTURES AND EMAILS OF CAMERAS BEING LIVE MONITORED, ONE OR TWO LEASE VIOLATIONS.
AND THEN THE PEST CONTROL, UH, INSPECTION, UH, THE SECURITY CAMERAS THAT THEY PROVIDED YOU EVIDENCE OF, UH, HOW MANY, UH, SO FROM MY UNDERSTANDING, THERE'S PROBABLY 30 TO 34 CAMERAS ON THE PROPERTY.
AND, UH, DID THEY PROVIDE EVIDENCE OF WHERE THOSE CAMERAS ARE LOCATED ON THE PROPERTY? UH, NOT SPECIFICALLY, BUT WE KNOW THEY'RE LOCATED ON THE PROPERTY.
AND OF THOSE CAMERAS, DO YOU KNOW HOW MANY ARE LIVE MONITORED? YEAH, SO FROM MY INVESTIGATION, MY UNDERSTANDING ONLY FOUR, APPROXIMATELY FOUR OF THE 34 CAMERAS ARE LIVE MONITORED.
AND, UM, IF WE REFERENCE RESPONDENT'S EVIDE, UH, EXHIBIT PAGE 49, UH, DID YOU GET A CHANCE TO LOOK AT THAT? I MEAN, I DON'T HAVE IT OUT, BUT YES.
AND CAN YOU, UH, TELL US, IS THAT SOMETHING THAT THEY PROVIDED TO YOU AT THE TIME? YES.
THAT PAGE IS THE LIST OF THE QUARTERLY INSPECTION REPORT FROM V B A THAT WAS NOT PROVIDED AT THE ACCORD MEETING.
AND SO IF WE LOOK AT THE DATES, THOSE DATES WERE INSPECTED AFTER OUR CORD MEETING ON APRIL 26TH.
WAS THERE ANYTHING ADDITIONAL THAT WAS PROVIDED BY, UH, VISTA BUENA? UH, SO THEY DID PROVIDE PERMITS FOR LIGHTING IN, IN INSPECT, UH, LIGHTING PERMITS FOR LIGHTS ON THE PROPERTY.
AND WAS THAT INCLUDED IN YOUR EVALUATION? YES.
THEY ALSO, THEY ALSO PROVIDED THEIR LEASE AND CHROME BACKGROUND SEARCHES THAT THEY CONDUCT.
AND, UM, OF THOSE LEASE VIOLATIONS, HOW MANY DID THEY PROVIDE YOU? I BELIEVE THERE WAS ABOUT APPROXIMATELY TWO.
AND DID THEY TELL YOU, YOU, COULD YOU TELL WHAT THE LEASE VIOLATIONS WERE FOR? UH, I THINK ONE WAS LITTERING AND THEN ONE WAS HAVING TRASH OUT ON NON-DESIGNATED DAYS.
AT THE MEETING, DID YOU DISCUSS THE HUMAN TRAFFICKING, UH, INCIDENT THAT OCCURRED AT THE PROPERTY? SO, YEAH.
SO TO HIGHLIGHT FOR THE BOARD AT THAT MEETING, WE DID DISCUSS THE HUMAN TRAFFICKING INCIDENT, WHICH IS ALSO CATEGORIZED AS THE AGGRAVATED KIDNAPPING, UM, ON THE PROPERTY.
AND JUST A BRIEF OVERVIEW OF THAT OFFENSE, IT WAS MALE AND FEMALE WERE SMUGGLED ACROSS THE BORDER FROM MEXICO.
ENDED UP ARRIVING AT THE VISTA BUENO APARTMENTS BY WHAT APPEARED TO BE A RESIDENT THERE.
HE HELD THEM HOSTAGE AT KNIFE 0.1 PERSON WAS ABLE TO ESCAPE, AND SUBSEQUENTLY DALLAS
[03:05:01]
POLICE, SWAT WAS CALLED IN TO RESOLVE THE SITUATION.AND YOU CAN REFERENCE CITY'S EXHIBIT, UH, TAB SIX, PAGE 5 53.
UH, WILL YOU BRIEFLY TELL US WHAT, UH, THE RESPONSE WAS WHEN YOU, UH, BROUGHT UP THIS HUMAN TRAFFICKING? SURE.
SO BRINGING IN THE CONVERSATIONS IN THE ACCORD MEETING, BRINGING UP THIS ISSUE AND HOW WE CAN PREVENT THIS ON, UH, AT THE APARTMENT OWNERSHIP SAID THERE WAS NOTHING THAT THEY CAN DO TO PREVENT IT.
DO YOU AGREE WITH OWNERSHIP STATEMENT? I WOULD DISAGREE WITH THAT STATEMENT.
PER THE ORDINANCE, ARE YOU REQUIRED TO ONLY EVALUATE EVIDENCE OF CRIME PREVENTION MEASURES IMPLEMENTED BETWEEN THE TIME PERIOD OF MARCH 20TH, 23RD AND MARCH 20TH, 2022? YES.
AND DID THE OWNER PROVIDE ANY EVIDENCE TO SHOW THAT PRIOR TO MARCH 20TH THEY WERE DOING THAT? PROPERTY MANAGEMENT WAS DOING UNIT CHECKS.
SO THEY PROVIDED THE, I GUESS, PEST CONTROL SPRAYING INSPECTION SHEET, UM, THAT THEY THOUGHT WAS UNIT INSPECTIONS, BUT OTHER THAN THAT, THERE WAS NO EVIDENCE PRESENTED.
DID THEY PROVIDE EVIDENCE THAT THERE WAS CRIME WATCH MEETINGS OCCURRING? NO.
ARE YOU AWARE OF HOW MANY CRIME WATCH MEETINGS THE, UH, OWNERSHIP HAD OR HELD IN THAT TIME PERIOD? I BELIEVE IT'S ONLY ONE.
AND DID THEY PROVIDE ANY EVIDENCE THAT PRIOR TO MARCH 20TH, 2023, THERE WERE SECURITY GUARDS EMPLOYED OR ANYONE PRESENT TO ADDRESS THE CRIME OCCURRING ON THE PROPERTY? NO.
AND DID THEY PROVIDE ANY EVIDENCE THAT THE PROPERTY WAS SUFFICIENTLY LIT TO DETER CRIME FROM OCCURRING? UH, THEY DID NOT.
DID YOU RECOMMEND THE FINAL DESIGNATION OF VISTA BUENO APARTMENTS AS A HABITUAL CRIMINAL PROPERTY? I DID, YES.
UM, FOR YOUR REFERENCE CITY'S EXHIBIT, TAB FOUR, PAGE 48, DID THAT LETTER INCLUDE RECOMMENDATIONS OF REASONABLE CRIME PREVENTION MEASURES THE OWNER SHOULD IMPLEMENT? YES.
AND WHAT WERE SOME OF THOSE MEASURES? SO TO, TO HIGHLIGHT, UM, SECURING THE PROPERTY FULLY ENCOMPASSING AND SECURING THE PROPERTY, PREVENTING UNAUTHORIZED GUESTS ON ONSITE SECURITY, UM, AND THEN CONDUCTING IT WAS RECOMMENDED UNIT INSPECTIONS TWICE A YEAR OR EVERY SIX MONTHS.
AND IN REFERENCE TO RECOMMENDING THAT THEY GATE OR SECURE THE PROPERTY, DID YOU RESEARCH IF THE OWNERSHIP ACTUALLY COULD ERECT A FENCE, UM, SPECIFICALLY ON THAT BACK, UH, AREA CLOSE TO THE HIGHWAY, NEXT TO THE EASEMENT THAT WAS DISCUSSED EARLIER? SURE.
SO THAT PLATT MAP THAT WAS SUBMITTED WAS ONLY SHOWN TO THE CITY APPROXIMATELY TWO WEEKS AGO.
UM, SO IN THE CONVERSATIONS THAT ARGUMENT WAS BROUGHT UP, I DIDN'T RESEARCH THAT.
SO SPOKE TO THE CODE COMPLIANCE DEPARTMENT, THEY DIDN'T HAVE AN ISSUE OF ERECTING OFFENSE ON THE PROPERTY.
AND THEN I SPOKE WITH PARK AND REC WHO CONTROLS THE BACKSIDE OF THE PROPERTY, THE EASEMENTS, UH, THROUGH THE CITY OF DALLAS.
AND FROM THEIR INTERPRETATION, IT IS FEASIBLE TO, UM, ERECT A FENCE AS LONG AS IT DOES NOT ENCUMBER THE CITY'S RESPONSIBILITIES FOR THE TRAIL.
BASED ON YOUR EXPERIENCE AS A DALLAS POLICE OFFICER IN A NUISANCE ABATEMENT DETECTIVE, IS IT YOUR OPINION THAT THE VISTA APARTMENTS ARE UNSAFE AND A PLACE KNOWN FOR HABITUAL CRIMINAL ACTIVITY? YES.
IS IT YOUR OPINION THAT THIS PROPERTY HAD NOT IMPLEMENTED REASONABLE STEPS TO ABATE SUCH CRIME AT THE TIME YOU ISSUED YOUR PRELIMINARY NOTICE LETTER? YES.
IN CONCLUSION, IS THERE ANYTHING ADDITIONAL YOU WANT TO HIGHLIGHT FOR THE BOARD? SO I WANNA REAL QUICK HIGHLIGHT YES.
CAN WE REFERENCE, UH, CITY'S EXHIBIT PAGE 5 74? SO REAL QUICK, UM, IF WE ADD UP ALL THE CALLS FOR SERVICE DURING THE H C P T TIME, DALLAS POLICE DEPARTMENT RESPONDED 294 CALLS TO THE VISCERAL BUENO APARTMENTS.
UM, AND THEN IN COMPARISON, I HAVE ANOTHER PROPERTY AT NORTH CENTRAL HAS 1,050 UNITS.
THEY HAVE 16 DEBATABLE IN THEIR YEAR.
UM, AND I WANNA HIGHLIGHT THIS PROPERTY HAS 414 UNITS AND THEY HAVE 15 DEBATABLE.
SO AN APARTMENT COMPLEX TWICE THE SIZE HAS THE SAME AMOUNT OF CRIME.
UM, ADDITIONALLY PROPERTY HAS BEEN IDENTIFIED BY CHIEF GARCIA UNDER HIS VIOLENT CRIME INITIATIVE PLAN.
D P D HAS ADDITIONALLY MARKED OUT 185 TIMES.
SO IN TOTAL 479 TIMES D P D HAS BEEN ON THE PROPERTY.
UM, AND THEN I WANNA HIGHLIGHT THROUGHOUT THIS WHOLE PERIOD THEY HAD THE 30 CAMERAS ON THE PROPERTY, UM, AND CRIME STILL HAS CONTINUED.
UM, MR. SINGAPORE, YOU HAVE GOT EIGHT MINUTES REMAINING IF YOU'D LIKE TO ASK ANY QUESTIONS OF THE DETECTIVE? YES, JUST BRIEFLY.
UM, DETECTIVE, IT, IT APPEARS YOU'RE FAIRLY FAMILIAR WITH THE ORDINANCE ITSELF AND ITS IMPLEMENTATION AND SUBSEQUENT
[03:10:01]
DESIGNATION OF AN H C P PROPERTY, RIGHT? SURE.AND THEN YOU'RE AWARE THAT THE PHRASE PROPERTIES DEFINED IN THE CODE, WHICH YOU'RE APPLYING AS A LOT OR PARCEL OF LAND, RIGHT? YES.
AND YOU'RE ALSO AWARE THAT THE CITY HAS IMPLEMENTED FOUR SEPARATE FINES TO THE OWNERS OF THIS ENTIRE COMPLEX CONSTITUTING FOUR PARCELS, RIGHT? WE HAVE ONLY INSTITUTED ONE FILE.
IT ENCOMPASSED ALL FOUR PARCELS THOUGH.
HAVE YOU HAD AN OPPORTUNITY TO REVIEW THE EVIDENCE SUBMITTED BY THE DEFENDANTS IN THIS CASE? I HAVE, YES.
AND DID YOU HAVE AN OPPORTUNITY TO REVIEW WHAT IS FOUND ON PAGES NINE THROUGH 12 OF THE DEFENDANT'S EVIDENCE, WHICH IS FOUR SEPARATE INVOICES FOR AN H C P? FINE.
WHAT IS YOUR QUESTION? DID YOU HAVE AN OPPORTUNITY TO REVIEW THE FOUR SEPARATE INVOICES ISSUED BY THE CITY AS H C P FINDS? OKAY.
NOW, YOU HAD DISCUSSED, I KNOW THAT THE, UM, SORT OF DEMONSTRATIVE THAT I SHOWED AT THE BEGINNING, YOU DISCUSSED SOME DUE DILIGENCE THAT YOU HAD PERFORMED, UM, INTERNALLY AT THE CITY WITH RESPECT TO WHETHER OR NOT IT CAN BE A FULLY ENCLOSED PROPERTY ON PHASE ONE.
DID I UNDERSTAND YOU PERFORMED SOME LEVEL OF DILIGENCE? YES.
NOW, DID YOU SPEAK WITH ENCORE AS TO WHETHER OR NOT THEY WOULD HAVE AN ISSUE AS IT PERTAINS TO BUILDING A FENCE ON THEIR PROPERTY? I DID NOT SPEAK WITH ENCORE.
DID YOU SPEAK WITH THE DIRECTOR OF SUSTAINABLE DEVELOPMENT WHOSE APPROVAL IS NEEDED UNDER CHAPTER 51 A OF THE DALLAS DEVELOPMENT CODE IN ORDER TO BUILD ANY FENCE ON A DRAINAGE OR OTHERWISE FLOODWAY EASEMENT? UH, I DID NOT SPEC SPEAK SPECIFICALLY WITH THAT INDIVIDUAL.
DID YOU SPEAK WITH THE PLANNING AND ZONING COMMISSION OR ANY OF THE PEOPLE IN THE ZONING DEPARTMENT AS TO WHETHER OR NOT THE PROPERTY WOULD BE ABLE TO MEET MINIMUM PARKING REQUIREMENTS IF A FENCE WAS CONSTRUCTED ON THE PERIMETER OF THE LOT ITSELF? NO.
DID YOU DISCUSS WITH THE CITY'S ENGINEERING DEPARTMENT WHETHER OR NOT THE PROPERTY OWNER WOULD BE ABLE TO FULLY ENCLOSE THE PROPERTY IN THE 15 FOOT SETBACK AND STILL MEET CITY REQUIREMENTS FOR A FRONT FRONTAGE FENCE FOR THE FRONTAGE ISSUE? NO.
NOW, NOW WE TALKED ABOUT THE FULLY FULLY ENCLOSED PROPERTY FOR ONE, ONE MORE MOMENT.
UM, YOU'RE AWARE THAT AT THE BACK OF THE PROPERTY THERE IS AN EXIT TO THE FEEDER ON 75, RIGHT? YES.
AND DID YOU PERFORM ANY DILIGENCE AS TO WHETHER OR NOT THAT FEEDER AND BLOCKING OFF THAT FEEDER AS AN ACCESS POINT WAS ON THE APPELLANT'S PROPERTY? NO.
OTHER THAN THE CONVERSATIONS WE'VE HAD TOGETHER, AND BASED ON OUR CONVERSATION, THE CITY PARKS DEPARTMENT'S EMAIL AND THE SURVEY THAT'S BEEN PRESENTED AND IN EVIDENCE, ISN'T IT ACCURATE THAT THE FEEDER ROAD THAT EXITS ONTO 75 IS NOT ON THE APPELLANT'S PROPERTY? THE MAIN THOROUGH ERROR OF THAT FEEDER ROAD IS NOT ON Y'ALL'S PROPERTY? YES, THAT WOULD BE CORRECT.
AND DID YOU CHECK WITH DALLAS POLICE AND, UH, DALLAS FIRE RESCUE AS TO WHETHER OR NOT EVEN IN CLOSING THAT BACK EXIT POINT WOULD VIOLATE THE DALLAS FIRE CODE REQUIRING INGRESS AND EGRESS ONTO THE PROPERTY FOR FIRE RESCUE? I HAD, I DID HAVE BRIEF CONVERSATIONS WITH FIRE INSPECTOR REGARDING THAT ISSUE.
AND IS THE, DOES D F R DOES REQUIRE INGRESS AND EGRESS VIA ENTRANCE AND EXIT POINTS FOR ANY FIRE TRUCKS WHO RESPOND TO EMERGENCIES, RIGHT? I DO, YES.
UM, JUST QUICKLY, AND YOU'RE FAMILIAR, ARE YOU GENERALLY FAMILIAR WITH THE INCIDENT REPORTS AND THE INCIDENTS THAT CONSTITUTE THE AVAILABLE OFFENSES? UH, GENERALLY, YES.
UM, I'M, I'M SPECIFICALLY DISCUSSING NOW INCIDENT NUMBER 1 5 8 7, I'M SORRY, 1 5 8 5 7 1, WHICH OCCURRED ON, LET ME JUST GRAB IT FOR YOU.
THAT'S ON PAGE TWO 17 OF THE CITY'S EVIDENCE.
YOU ARE AWARE THAT THE LOCATION CALLED IN WAS NOT THE PROPERTY, RIGHT? UH, GIMME
[03:15:01]
A SECOND WHILE WE PULL IT UP.SORRY, WHAT, WHAT PAGE WAS IT ON? TWO 17.
DETECTIVE MR. SINGAPORE, YOU'VE GOT, UH, APPROXIMATELY THREE MINUTES.
MAY I REQUEST FIVE ADDITIONAL MINUTES FOR THE REMAINDER OF THE PRESENTATION FOR THE BOARD? UH, WHE WHEN YOU'VE USED YOUR TIME, WE'LL SEE IF WE CAN GET UNANIMOUS WITH THAT.
ALL RIGHT, MR. CARTICK, I'M LOOKING AT THAT, AT THAT PAGE AND THE LOCATION GIVEN BY THE DISPATCHER 69 0 1.
AND THAT'S NOT THE PROPERTIES THAT THE APPELLANTS OWN.
SO IF WE LOOK AT THE LOCATION GIVEN BY THE DISPATCHER, THAT IS THE NORTH CENTRAL PATROL STATION.
SO THAT IS A WALK-IN REPORT, BUT THE NEXT LINE DOES SAY INCIDENT ADDRESS, 13,350 ESP PER ONDA ROAD ON THE INCIDENT REPORT.
CAN YOU REPEAT THAT FIRST PART AGAIN? SURE.
SO LOCATION GIVEN BY DISPATCHER, THE 6,900 BLOCK OF MCCALLUM ROAD MM-HMM.
THE NEXT LINE, THE BLACK LINE SAYS INCIDENT ADDRESS.
THE NEXT LINE UNDER THAT IS 13 3 50 ESPERANZA ROAD.
SO FROM MY EXPERIENCE IN THE DALLAS POLICE DEPARTMENT, THAT IS SOMEONE WHO WENT TO THE POLICE STATION TO DO A REPORT IN PERSON.
THE INCIDENT ADDRESS IS DOCUMENTING THE INCIDENT IN WHICH THE PERSON REPORTED THAT THE OFFENSE HAPPENED.
CAN YOU PLEASE TURN TO, TO PAGE 2 21 OF THE CITY'S EVIDENCE? OKAY.
WHAT IS THE ADDRESS LISTED UNDER LOCATION GIVEN BY DISPATCHER? THAT ONE IS 13 3 50 ESPERANZA ROAD.
AND THAT IS NOT THE PRECINCT ADDRESS, RIGHT? THAT IS NOT, NO.
NOTHING FURTHER FOR THIS WITNESS.
UM, UH, LET'S GO AHEAD AND, UH, WE WILL PROCEED WITH BOARD QUESTIONING FOR THE DETECTIVE, UH, BEGINNING WITH THE THREE MINUTE ROUND.
AND MS. AYALA, I DON'T HAVE ANY QUESTIONS.
UH, MS. WILLIS, NO QUESTIONS AT THIS TIME.
MS. TORRES? THANK YOU DETECTIVE FOR BEING HERE.
UM, WHAT IS THE PROTOCOL, UM, EITHER BY A POLICE OFFICER OR THE DEPARTMENT AFTER, LIKE AN INCIDENT HAS HAPPENED ON THE PROPERTY? DO YOU, THEY SEND A REPORT TO THE OWNER, UM, BECAUSE WE HEARD EARLIER, UM, FROM MR. JOSH WHO SEEMED TO BE UNAWARE OF 15, YOU KNOW, SPECIFICALLY, YOU KNOW, LIKE THESE INCIDENTS.
SO WHAT DO YOU HAVE TO SAY TO THAT? LIKE WHAT IS YOUR RESPONSE TO THAT? UM, I GUESS TO ANSWER YOUR QUESTION, SO WE DON'T NORMAL FORMALLY, UM, NOTIFY PROPERTIES, UM, BUT THERE ARE PROCESSES SET UP FOR HIM TO GATHER THAT INFORMATION.
THE EASIEST PROCESS IS ON, UH, ON PROPERTY CRIME WATCH MEETINGS.
UM, YOU CAN ALSO GO ONTO THE DALLAS POLICE DEPARTMENT'S PUBLIC FACING WEBSITE.
WE HAVE LIMITED, UH, INFORMATION ABOUT 9 1 1 CALLS FOR SERVICE ACTIVE CALLS, AND THEN REPORTS THAT ARE REPORTED ON THERE.
UM, YOU CAN ALSO PAY FOR THIRD PARTY, UM, ACCESS.
THEY HAVE, THEY PULL GOOGLE SEARCH, YOU CAN GO TO A COMPANY AND THEY'LL DO A GOOGLE SEARCH AND THEY'LL PULL RECORDS FROM US.
UM, BUT THE EASIEST AND THE WAY WE RECOMMEND IS MONTHLY CRIME WATCH MEETINGS WITH THE N P O OFFICERS.
AND, UM, WHAT KIND OF RESPONSES HAVE YOU GOTTEN FROM THE PROPERTY OWNERS, IF ANY, DURING THIS PA DURING THIS, YOU KNOW, SPECIFIC PERIOD OF A YEAR? SURE.
SO OWNERSHIP DOES NOT WANT TO TAKE RESPONSIBILITY OF WHAT'S HAPPENING ON THEIR PROPERTY, AND THEY'RE ALWAYS DEFLECTING IT TOWARDS THE MOTEL AND THE VALERO ACROSS THE STREET.
AND YOU MENTIONED OUT OF THE 30 TO 34 CAMERAS ON SITE ONLY FOR OUR LIVE MONITORED, WHAT DOES THAT MEAN? DOES THAT MEAN THAT THE REST ARE, JUST EXPAND ON THAT? SURE.
SO THOSE FOUR CAMERAS, FROM MY UNDERSTANDING, UM, IS THE, THE CAMERAS THAT THEY, YOU GUYS WERE DISCUSSING EARLIER, THAT ARE LIVE MONITORED BY THAT THIRD EYE PRIVATE, UH, COMPANY THAT THEY PAY FOR LIVE MONITORING SERVICE.
THE OTHER CAMERAS ARE JUST STATIONARY, RECORDING GENERAL NORMAL CAMERAS.
[03:20:01]
IS OWNERSHIP DOES NOT REVIEW THE FOOTAGE UNLESS THERE'S AN INCIDENT OR UNLESS POLICE SHOW UP AND ASK FOR THE VIDEO FOOTAGE.UH, IN YOUR OPINION IS, UM, WELL I GUESS THAT'S, THAT'S MY TIME.
THANK YOU FOR BEING HERE, DETECTIVE.
UM, THIS COMPLEX IS LOCATED WITHIN AN AREA OF TOWN SOUTH OF SPRING VALLEY ROAD AND EAST OF US 75, WHICH COUNCIL MEMBER SCHULTZ REFERS TO AS THE ESPERANZA DISTRICT, WHICH HAS AN AWFUL LOT OF CRIME PROBLEMS, I THINK EAST, EAST OR WEST OF
UM, IT'S, IT'S REALLY WEST OF 70, I GUESS 75 KIND OF GOES HERE.
SO THIS IS ADJACENT TO THE ESPERANZA DISTRICT THAT'S EAST? IT IS, IT'S IN THE ESPERANZA, UH, TASK FORCE DISTRICT THAT THE COUNCIL HAS.
SO I, I SAY EAST AND WEST OF 75
WOULD YOU SAY THIS KIND OF FALLS IN THE MIDDLE OR THE LOWER CRIME END OR THE HIGH CRIME END? UH, RELATIVE TO ALL THE COMPLEXES, I CAN'T GIVE YOU A SPECIFIC ANSWER.
I CAN TELL YOU THE DEPARTMENT INDIVIDUALS HAVE NOT REFERRED ANY OF THE OTHER COMPLEXES IN THAT AREA.
THEY'VE REFERRED THIS COMPLEX.
SO I WOULD IMAGINE FROM MY PERSPECTIVE, IT'S PROBABLY ON THE UPPER END OF THE CRIME IN THAT AREA.
UM, DOES THE POLICE DEPARTMENT TAKE ANY STANCE OR HAVE THEY DONE ANY STUDIES ON THE EFFECTIVENESS OF THIS REMOTELY MONITORED REAL TIME CAMERA SYSTEM WITH THE SIRENS AND THE NASTY WARNING TO GO AWAY? ARE YOU AWARE OF ANY ACTUAL STUDIES AS TO THE EFFECTIVENESS OF THIS PARTICULAR TECHNIQUE? NO.
I DO HAVE SOME QUESTIONS AND THANK YOU, DETECTIVE, FOR BEING HERE.
SO DETECTIVE, ON A SCALE OF ONE TO 10, ONE BEING WORST, 10 BEING BEST, WHERE WOULD YOU RATE THIS PROPERTY AND THE SCALE OF HIGH CRIME? I MEAN, I WOULD SAY ABOUT AN EIGHT.
ONE BEING THE WORST, 10 BEING THE BEST.
NEVERMIND, NEVERMIND NUMBER THEN? I WOULD SAY TWO.
SO, SO IT'S A PRETTY SERIOUS CRIME, CRIME AREA.
UM, SO WHEN YOU MET WITH OWNERSHIP, DID YOU GIVE THEM IDEAS, SOLUTIONS, UM, SUGGESTIONS OF HOW TO, UM, ABATE CRIME ON THEIR PROPERTY? SURE.
SO AT THE ACCORD MEETING, WE DID DISCUSS SOME OF THE, THE CRIME PREVENTION RECOMMENDATIONS.
IN YOUR OPINION, DID THEY IMPLEMENT ANY OF THEM? UH, THEY, SO THEY DID IMPLEMENT SOME.
ANYTHING YOU CAN ELABORATE ON? SURE.
SO THEY UPGRADED THE LIGHTING.
THAT, THAT'S ALL I WOULD SAY THAT, THAT'S FINE.
SO WITHIN THE 15 DEBATABLE OFFENSES, WOULD YOU SAY THE VAST MAJORITY OF THEM ARE VERY SERIOUS CRIMES? I WOULD SAY THAT, YES.
AND SO MOVING ON OF THE, THEY HAVE 34 CAMERAS.
I KNOW IT'S BEEN DISCUSSED, BUT I WANNA ASK IT DIFFERENTLY.
SO OF THE 34 CAMERAS, THEY HAVE ONLY FOUR MONITORED, ARE THEY IN THE FRONT, THE BACK, SOME FRONT, SOME BACK.
SO FROM MY UNDERSTANDING OF THE PROPERTY, IT WOULD BE ON THE FRONT SIDE, SO THE NORTHWEST SIDE OF PHASE ONE, WHERE THE CONSTRUCTION AREA IS.
SO YET, BUT, BUT THE, THE, THE PATE IS SAYING THAT MOST OF THE CRIME HAPPENS ON THE BACKSIDE.
SO THESE CAMERAS REALLY AREN'T A DETERRENT, ARE THEY? YES.
I WOULD AGREE THAT THEY'RE NOT A DETERRENT.
SO, SO WHEN A SWAT TEAM WAS CALLED OUT TO A, A PROPERTY, WOULD YOU SAY THAT'S A REALLY SERIOUS CRIME? YES.
AND, AND HOW OFTEN ARE SWAT TEAMS CALLED TO APARTMENT COMPLEXES? I MEAN, IT'S NOT FREQUENT, BUT NOT ABNORMAL.
I, I KNOW THAT WAS KIND OF AN OBTUSE QUESTION, BUT I I, I WANTED TO GET IT OUT THERE.
SO IT'S NOT IN THE NORM THAT THE SWAT TEAM COMES OUT UNLIKE A, A CRUISER
[03:25:01]
OR, OR A PATROL PERSON, RIGHT? NO, IT'S NOT NORMAL.WOULD YOU CHARACTERIZE THIS PROPERTY TO BE WIDE OPEN? YES.
SO, SO LASTLY, UM, HAD THE, THE APPELLATE DONE THEIR DUE DILIGENCE TO ASK FOR, UM, UH, EXCEPTIONS TO THE, UH, EASEMENTS, UM, WOULD IT BE IN YOUR OPINION THAT THEY COULD HAVE PUT UP A FENCE? YES, IT'S MY OPINION THAT THEY CAN PROVE A FALSE.
I JUST HAVE ONE QUESTION AND HOPEFULLY IT, EXCUSE ME.
UH, FIRST THANK YOU FOR BEING HERE, DETECTIVE.
UM, DURING YOUR INVESTIGATION, I THINK I MISSED THIS.
DID YOU SPEAK WITH THE N P O ASSIGNED TO THAT AREA? SO I DID, YES.
AND CAN YOU ELABORATE ON WHAT THAT ENTAILED? I CAN, BUT IT'S PROBABLY BETTER IF IT CAME FROM HIM.
UH, GOOD AFTERNOON, DETECTIVE.
AND, UH, I AM VERY THANKFUL FOR YOUR TIME.
UM, SO, UH, THE, THE PROPERTY OWNERS MAY A BIG ISSUE OF THE PROPERTY.
UM, WHEN YOU TELL US THERE ARE 34 CAMERAS ON THE PROPERTY, IS THAT ALL FOUR ADDRESSES OR IS THAT ONLY ON PHASE ONE? THOSE CAMERAS ARE ONLY ON PHASE ONE, THE 13 3 50 ESPER.
HOW MANY CAMERAS ARE ON THE REMAINDER OF WHAT YOU'RE CALLING THE PROPERTY? FROM MY UNDERSTANDING, THE OTHER THREE ADDRESSES HAVE ZERO CAMERAS.
UM, BUT WHEN YOU REFER TO THE NUMBER OF CALLOUTS YOU WERE TALKING ABOUT, THAT'S ALL FOUR? ALL FOUR, YES.
NOW, THE, THE LETTER THAT WAS SENT, THE H C P INITIAL DESIGNATION LETTER LISTS FOUR SEPARATE ADMIN, CORRECT? CORRECT.
AND THERE ARE FOUR SEPARATE COSS? I WOULD ASSUME SO, YES.
AND DEC AD LISTS THIS AS FOUR SEPARATE PARCELS? CORRECT.
UM, FROM WHAT DID YOU CONCLUDE THAT ALL OF THESE, UH, BUILDINGS, PREMISES ARE ONE PROPERTY? SURE.
SO IN THE ACCORD MEETING, THEY, THEY REPRESENTED, UH, V B A APARTMENTS AS ONE BUSINESS.
UM, THEY REPRESENT IT AS ONE BUSINESS TO THE CITY, TO THE, TO RESIDENTS AND TO THE COMMUNITY.
SO IF I WANT TO RENT AN APARTMENT TOWN HOME FROM THE OTHER THREE ADDRESSES, I STILL HAVE TO GO TO THE OFFICE OF ESPERANZA.
I PAY RENT TO THE OFFICE IN ESPERANZA.
AND THERE'S ONLY ONE APARTMENT MANAGER, AND IT'S AT THAT OFFICE OF ESPERANZA.
IT'S ALL BEING REPRESENTED AS ONE SINGULAR BUSINESS.
I I KNOW IT'S OUTSIDE OF YOUR AREA, BUT ARE YOU FAMILIAR WITH THE VILLAGE APARTMENTS? UH, DOWN HERE NEAR SS M U NO.
I'M NOT, I'M NOT PERSONALLY AWARE OF IT, BUT OKAY.
UM, UH, AND THIS IS JUST A QUESTION I NEED YOU TO POINT TO ME.
'CAUSE THERE'S BEEN TALK OF THE AGGRAVATED KIDNAPPING.
WHEN DID THAT TAKE PLACE? UM, REFERENCE THAT TO, SO EXHIBIT TAB OR EXHIBIT ONE, TAB SIX, PAGE 5 53.
SO WE CAN 4 5 53 I IS THAT, SORRY, I, I I HAVE LIMITED TIME, BUT IS THAT LISTED ON THE LETTER ON THE HABITUAL CRIMINAL PROPERTY NOTICE? YEAH.
SO IT'S, UH, INCIDENT 10, UH, 11 6 20 22.
CASE NUMBER 2 0 1 5 2 0 20 22.
WHICH IS LISTED THERE AS AN AGGRAVATED ASSAULT WITH THE YES.
THIS ONE IS LISTED HERE AS AGGRAVATED ASSAULT DEADLY WEAPON.
UM, THEY'VE ALSO CLASSIFIED AS AGGRAVATED KIDNAPPING AND THEN ANOTHER AGGRAVATED ASSAULT.
BUT, SO FROM THIS NOTICE, THE PROPERTY OWNER WOULD HAVE NO WAY OF GOING THAT WAS A KIDNAPPING FROM THIS LETTER ITSELF? NO, BUT IN THE ACCORD MEETING WE DID DISCUSS IT.
I'VE GOT A COUPLE MORE QUESTIONS, BUT I WILL SAY HIM FOR THE NEXT ROUND.
UH, MS. AYALA, DO YOU HAVE ANY QUESTIONS? NO, I DON'T.
[03:30:04]
NOT AT THIS TIME.UH, JUST OKAY, JUST TO FOLLOW UP, DETECTIVE, UM, AND I JUST WANNA MAKE THIS LOUD AND CLEAR.
'CAUSE ONE OF THE BIGGEST, UM, ISSUES IS THE FACT THAT, UM, MR. JOSH IS SAYING THAT NONE OF THESE INCIDENTS HAPPENED ON HIS PROPERTY.
YOU'RE, YOU ARE SAYING THAT IN ORDER TO VERIFY THE INCIDENT PROPERTY ADDRESS, YOU GUYS USE VIDEO.
VIDEO, THE ACTUAL INCIDENT REPORT AND OFFICER TESTIMONY.
SO THERE'S A THREE PRONG LIKE TESTS THAT YOU'RE DOING TO ASSOCIATE THIS INCIDENT WITH THIS SPECIFIC PROPERTY? YES.
UM, I JUST WANTED TO CONFIRM THAT THAT'S ALL I HAVE.
UM, UH, FIRST OF ALL, I WANNA CLARIFY MY EARLIER REMARKS ON THAT WEST OF COY, NOT WEST OF SEVEN FIVE.
HOW WOULD YOU CHARACTERIZE THE LEVEL OF GANG ACTIVITY AT HIS ADDRESS? I HAVE NO EVIDENCE.
UH, AS OF THIS TIME OF GANG ACTIVITY, I'M NOT SAYING THAT THERE ISN'T.
IT JUST HAS NOT BEEN DOCUMENTED.
UH, MR. QUINN? NO QUESTION, SIR.
UM, DETECTIVE, UM, DO, DOES THE PROPERTY OWNER DID THE, I WANT TO TALK SPECIFICALLY ABOUT THIS, THIS PHASE ONE, THE CAMERAS IN THE LIGHTING, DO THEY KEEP THEM IN GOOD WORKING ORDER? I WOULDN'T SAY NO.
THE LIGHTING AS, UH, WE SUBMITTED PICTURES OF THE LIGHTING THAT WAS DERELICT AND NOT MAINTAINED, SO I WOULD SAY NO TO THAT.
THE CAMERAS, I DON'T HAVE AN ISSUE WITH THE CAMERAS.
UM, AND YOU HAD, UH, SAID PREVIOUSLY THAT ONE OF THE THINGS THEY COULD ADD WOULD BE SEMI-ANNUAL, UH, INSPECTIONS OF THE UNITS.
HOW WOULD THOSE INSPECTIONS DIFFER FROM THE QUARTER INSPECTIONS? UM, SO I, I DON'T KNOW IF THERE WAS A DIFFERENCE.
THEY, THEY ELECTED TO DO IT QUARTERLY.
UM, THAT'S KIND OF OUR, JUST KIND OF OUR BARE MINIMUM.
THEY ELECTED TO DO QUARTERLY INSPECTION, SO I DON'T, I WOULDN'T IMAGINE THERE'D BE ANY DIFFERENCE.
UM, AND THEN YOU HAD ALSO SAID THAT ONE OF THE OTHER THINGS THEY COULD DO WOULD HAVE, BE, HAVE, WOULD BE TO HAVE ONSITE SECURITY, UM, HOW MANY HOURS A WEEK AND HOW MANY OFFICERS
GIVEN THE REPUTATION OF THIS PROPERTY, UM, IF THEY EXPANDED THE 24 7 MONITORING OF THE CAMERAS OR CAMERAS, WOULD THAT DO YOU THINK BE AN EQUIVALENT OF BETTER SUBSTITUTE FOR OFFICERS ON SITE AND STILL NO, I WOULD SAY NO BECAUSE IF, IF, IF WE LOOK BACK, THEY HAD THESE CAMERAS ON SITE THROUGH THE 15 DEBATABLE OFFENSES AND IT DID NOT DETER THE 15 DEBATABLE.
SO ADDING MORE CAMERAS, I BELIEVE NOT SUFFICIENT.
AND OF THESE 15 AVAILABLES, CAN YOU TELL US HOW MANY OF THESE ACTUALLY TOOK PLACE ON THAT PAGE PROPERTY? I DON'T HAVE THAT BROKEN DOWN RIGHT HERE AT THIS TIME.
UH, I CAN TELL YOU THE MAJORITY OF THEM OCCURRED ON THE PHASE ONE PROPERTY.
UH, I BELIEVE MR. SINGAPORE SAID IT WAS SIX.
YOU THINK THAT THAT'S PROBABLY ACCURATE? UH, I THINK IT'S CLOSE, YES.
MS.
SO I THINK HIS SIX WAS HIM ELIMINATING SOME OF THEM.
UM, I JUST WANNA CLARIFY THAT.
SO IF WE BREAK THIS DOWN INTO FOUR PROPERTIES, UM, DO YOU BELIEVE ON THIS LIST THERE ARE MORE THAN FIVE? I MEAN, THERE CAN'T BE MORE THAN FIVE ON EACH PROPERTY FOLKS.
WHICH OF THOSE FOUR PROPERTIES DO YOU BELIEVE THERE ARE ABOVE THAN FIVE? AT THIS TIME OR AT THE TIME OF THE EVALUATION? THERE WAS MORE THAN FIVE ON PHASE ONE.
BUT YOU CAN'T SAY THE OTHER ONES DIDN'T HAVE MORE THAN FIVE.
[03:35:04]
SO THE CITY'S GOT SIX MINUTES REMAINING.YOU HAVE ANOTHER WITNESS? YES.
THE CITY CALLS CORPORAL OFFICER JOSHUA BROOKS.
UH, PLEASE INTRODUCE YOURSELF TO THE BOARD.
JOSHUA BROOKS, SENIOR CORPORAL WITH THE DALLAS POLICE DEPARTMENT AND THE N P O UNIT, THE NEIGHBORHOOD POLICE OFFICER UNIT AT NORTH CENTRAL DIVISION.
HOW LONG HAVE YOU WORKED FOR THE DALLAS POLICE DEPARTMENT? IT'LL BE 18 YEARS AND ABOUT A WEEK.
AND HOW LONG HAVE YOU BEEN ASSIGNED TO THE NEIGHBORHOOD POLICE OFFICER UNIT? AND I'VE BEEN IN THE N P O UNIT FOR APPROXIMATELY FOUR YEARS.
AND YOUR ENTIRE TIME, UM, WITH D P D, YOU'VE BEEN ASSIGNED TO THE NORTH CENTRAL DIVISION? THAT IS CORRECT.
AND ARE YOU ALSO, UM, FROM THE NORTH CENTRAL DIVISION, LIKE YOU GREW UP THERE? I GREW UP HERE, YES.
I I ACTUALLY GREW UP IN THAT AREA NEAR ESPERANZA.
ARE YOU FAMILIAR WITH THE VISTA BUENA APARTMENT? YES, MA'AM.
HAS IT N P O OFF OFFICER AS A PATROL OFFICER.
AND JUST 'CAUSE YOU'RE FROM THERE, YOU'RE FAMILIAR WITH THE, WITH THIS LOCATION? YES, I'M FAMILIAR, YES.
AND ARE YOU AWARE THAT THIS PROPERTY IS A GRID PROPERTY, UM, OFFENDER FOCUS WITHIN CHIEF GARCIA'S VIOLENT CRIME INITIATIVE UNDER THE WRIST TERRAIN MODEL? YES.
AND DOES BEING A GRID PROPERTY REQUIRE ADDITIONAL ATTENTION FROM YOU? YES, MA'AM, IT DOES.
WILL YOU DESCRIBE THAT, UH, THE ADDITIONAL THINGS YOU DO WITH THIS PROPERTY? WHEN A PROPERTY IS DESIGNATED AS A GRID LOCATION, IT'S A HUNDRED METERS BY A HUNDRED METERS.
AND, UH, THAT'S DETERMINED BY THE AMOUNT OF VIOLENT CRIME THAT HAPPENS WITHIN THAT GRID.
AND IT REQUIRES EXTRA PATROLS, NOT ONLY FROM PATROL AND FROM US, BUT ALSO FROM, UM, LIKE OUR C R T TEAMS, THE CRIME RESPONSE TEAM, AND OUR DEPLOYMENT TEAMS, THE UNDERCOVER TEAMS. SO IT, IT GETS QUITE A BIT OF EXTRA ATTENTION.
ARE YOU AWARE THAT THIS PROPERTY IS ALSO DESIGNATED A HABITUAL CRIMINAL PROPERTY? YES, MA'AM.
AND BASED ON YOUR EXPERIENCE, IS THIS PROPERTY A PLACE WHERE PERSONS HAVE HISTORICALLY COMMITTED A BEATABLE CRIME? YES, MA'AM.
AT THE NORTH CENTRAL PATROL STATION, WHAT'S THE REPUTATION FOR THIS PROPERTY? UH, I WOULD SAY DANGEROUS.
UH, IT'S WHERE A LOT OF 9 1 1 CALLS FOR VARIOUS OFFENSES COME OUTTA.
AND AS YOUR, UM, PART OF YOUR ROLE AS THE NEIGHBOR, UH, THE, UM, NEIGHBORHOOD POLICE OFFICER, YOU TALKED ABOUT MAKING CONTACT WITH THE MANAGER OF THE PROPERTY OWNERS.
DID YOU DO THAT FOR THIS PROPERTY, MAKE CONTACT? YES, MA'AM, I DID.
AND WILL YOU TELL US THE REASONABLE CRIME PREVENTION MEASURES YOU PERSONALLY RECOMMENDED TO THIS PROPERTY MANAGEMENT OR THE PROPERTY OWNER TO IMPLEMENT? SO WHAT I RECOMMENDED WAS, UH, IN ADDITION TO EXTRA CAMERAS, BECAUSE THEIR CAMERAS ONLY COVER PHASE ONE, IT WOULD BE HELPFUL NOT NECESSARILY TO DETER CRIME, BUT TO BE ABLE TO HELP REPORT CRIME ON PHASES TWO, THREE, AND FOUR TO HAVE CAMERAS OUT THERE AS WELL AS ON ONSITE SECURITY, UH, 24 7.
UM, AND DURING YOUR TIME AS AN NM P O OFFICER, HOW MANY ARE YOU AWARE OF HOW MANY CRIME WATCH MEETINGS HAVE OCCURRED ON THIS PROPERTY? UH, TO MY KNOWLEDGE, UH, SINCE I'VE BEEN ASSIGNED TO THE SIX FORTIES, WHICH ESPANZA FALLS UNDER, UH, I'VE ONLY HOST, UH, BEEN AT ONE CRIME WATCH MEETING ON THE PROPERTY IN THE LAST TWO YEARS.
CAN YOU TELL THE BOARD, UM, THAT YOU HAVE, OR CAN YOU CONFIRM THAT YOU HAVE INFORMED THE PROPERTY MANAGEMENT OR THE PROPERTY OWNER THAT TESTIFIED EARLIER ABOUT THE ONGOING CRIME AT THE PROPERTY? I'M SORRY, CAN, CAN YOU REPHRASE OR SAY IT AGAIN? I'M SORRY.
I JUST WANNA KNOW, UH, CAN YOU TELL THE BOARD THAT YOU HAVE BEEN IN CONTACT WITH EITHER THE PROPERTY MANAGER OR THE PROPERTY OWNER IN THIS CASE ABOUT THE ONGOING, UH, CRIME? YES, MA'AM.
WOULD YOU AGREE? OKAY, THANK YOU.
WOULD YOU AGREE THAT THE, UM, OWNERSHIP OR THE MANAGEMENT OF THIS, THIS PROPERTY HAS KNOWINGLY TOLERATED THE AVAILABLE CRIME BY FAILING TO TAKE REASONABLE STEPS TO ADDRESS THE CRIMINAL ACTIVITY? UNFORTUNATELY, YES, MA'AM.
AND OF YOUR EXPERIENCE IN YOUR TRAINING, UM, WOULD YOU, HAS THIS PROPERTY DONE ENOUGH TO ADDRESS OR ABATE THE CRIME OF THE PROPERTY? NO, MA'AM.
TO YOUR KNOWLEDGE, WHAT, IF ANY, REASONABLE STEPS HAS
[03:40:01]
THE PROPERTY OWNERSHIP OR MANAGEMENT TAKEN TO ADDRESS THE CRIME? UH, OTHER THAN THE LIGHTING? UH, NONE THAT I'M AWARE OF, MA'AM.AND, UM, LASTLY, ARE YOU FAMILIAR WITH THE FIRE INCIDENT THAT OCCURRED AT THE PROPERTY? YES, MA'AM.
UH, IT, I BELIEVE IT HAPPENED IN MAY OF 2019.
AND IN YOUR EXPERIENCE, YOU KNOW, BEING AT THE PROPERTY, THIS BEING YOUR AREA, HAVE YOU NOTICED ANY REPAIRS TO THIS BURNED OUT STRUCTURE? UH, IT'S, TO ME IT'S LOOKED THE SAME.
I, I PERSONALLY HAVEN'T NOTICED MUCH OF A DIFFERENCE FROM THE OUTSIDE.
UM, WHEN CRIME IS REPORTED AT THIS PROPERTY, ARE YOU AWARE LIKE WHAT ADDRESS GETS CALLED IN OR LIKE DO THEY JUST, THEY TYPICALLY GIVE LIKE THE SAME ADDRESS OR DO THEY INDIVIDUALLY BREAK IT DOWN BY THE, WHICH BUILDING IT OCCURRED IN? IT DEPENDS ON THE 9 1 1 CALLER AND IF THEY KNOW WHERE THEY'RE CALLING FROM.
BUT, UH, FOR THE FOUR DIFFERENT PHASES, IT, SOMETIMES THE ADDRESSES DO GET MIXED UP AND SOMETIMES WE END UP, REGARDLESS WHEN WE SHOW UP, WE, WE DO ENSURE THAT WE GET THE CORRECT LOCATION WHERE THE ACTUAL CRIME OCCURRED.
UM, MR. SS, EXCUSE ME, MR. SINGAPORE, YOU'VE GOT A FEW MINUTES.
UH, IF YOU HAVE ANY QUESTIONS FOR, UH, CORPORAL BOOK.
UM, YEAH, JUST BRIEFLY, UM, WE TALKED A LITTLE BIT ABOUT THE FIRE INCIDENT IN MAY OF 2019 AND THE REBUILD THAT'S GOING ON AT THE PROPERTY.
UM, CORPORAL, HOW MANY OF THE DEBATABLE OFFENSES OCCURRED IN OR AROUND OR ASSOCIATED WITH THE PORTION OF THE PROPERTY THAT IS BEING REBUILT FROM THE FIRE? I'M NOT SURE.
I'D, I'D HAVE TO LOOK AT IT AT ALL THE DIFFERENT REPORTS TO FIND THAT OUT.
BASED ON YOUR REVIEW OF THOSE REPORTS AND YOUR FAMILIARITY WITH THE INCIDENTS ON THE PROPERTY, CAN YOU RECALL IT? NO, I CANNOT.
NOW, HAVE YOU REVIEWED THE CITY'S EVIDENCE THAT'S BEEN SUBMITTED IN SUPPORT OF, UH, KEEPING THE H T P DESIGNATION? I HAVE NOT HAD TIME TO LOOK AT ALL THE EVIDENCE, SO NO.
HAVE YOU LOOKED AT THE PHOTOGRAPHS? I'VE LOOKED, I LOOKED AT SOME OF THE PHOTOGRAPHS.
I DON'T KNOW IF IT WAS ALL OF 'EM OR NOT.
AND YOU WOULD AGREE THAT EACH ONE OF THESE PHOTOGRAPHS ARE DATED AFTER THE RELEVANT TIME PERIOD THAT YOUR COUNSEL MADE CLEAR AT THE OPENING OF HER PRESENTATION, WHICH IS MARCH, 2023? I DIDN'T LOOK AT THE DATE.
THE LAST QUESTION I HAVE FOR YOU, CORPORAL, IS, UM, THE REASONABLE STEP, I BELIEVE YOU IDENTIFIED THAT HADN'T BEEN TAKEN BUT HAD BEEN RECOMMENDED WAS ON ONSITE SECURITY 24 7? YES, SIR.
AND HOW MANY ONSITE SECURITY OFFICERS? UH, I RECOMMENDED AT LEAST ONE.
NOW, WHICH ONES OF THE INCIDENTS THAT CONSTITUTE THE AVAILABLE OFFENSES WOULD'VE BEEN PRESUMABLY AVAILABLE OR PROHIBITED OR PREVENTED WITH THE PRESENCE OF ONE SECURITY OFFICER AT THE PREMISES? I CAN'T SAY THAT WITH CERTAINTY.
AND YOU'RE AWARE THAT ON SEVERAL OF THE INCIDENT REPORTS, IT'S REPORTED THAT THE TRESPASSER THEN FLED BACK INTO THE ENCAMPMENT UNDER 75 US 75, RIGHT.
I'M SORRY, WITH, I'M NOT SURE WHICH OFFENSE THAT IS.
YOU KNOW WHAT, UH, I WILL RESERVE THE REMAINDER OF MY TIME FOR A VERY BRIEF CLOSING.
UM, THAT'S EVERYBODY'S TIME, IN FACT.
UH, SO WE'LL NOW GO TO, UH, BOARD QUESTIONING, UH, CORPORAL BROOKS BEGINNING WITH, UH, MS. AALA.
UH, YEAH, I JUST HAVE ONE QUESTION.
WHEN YOU SUGGESTED THE SECURITY TO THE MANAGEMENT PROPERTY, WHAT WAS THEIR RESPONSE OR REASONING BEHIND THAT? GETTING SECURITY? I DON'T REMEMBER THEIR EXACT RESPONSE, BUT IT WAS, I, IF I HAD TO RECALL, I WOULD, I THINK IT HAD SOMETHING TO DO WITH THE
[03:45:01]
FACT THAT THEY ALREADY HAD THE MONITORED CAMERAS.UM, THANK YOU, UH, MS. WILLIS, ANY QUESTIONS? HI, YES.
UM, OFFICER BROOKS, SO ONLY QUESTION IS AS FAR AS RESIDENTS REPORTING, UM, ANY CRIMINAL ACTIVITY ON THE PROPERTY, DO YOU HAVE A, A NUMBER ON THAT? HOW MANY RESIDENTS THAT LIVE AT THE APARTMENT SITE? I DON'T HAVE THOSE STATISTICS WITH ME.
UM, THANK YOU SENIOR CORPORAL BROOKS.
UM, I DO HAVE SOME QUESTIONS REGARDING THE CRIME WATCH MEETINGS.
UM, SO IF, IF THEY'RE GOING TO HAPPEN, THEN YOU WOULD BE THE ONE IN THESE MEETINGS, RIGHT? WITH THE, UM, APARTMENT COMPLEX? I'M SORRY, I'M SORRY.
THERE WAS A, A VACUUM IN THE BACKGROUND.
COULD YOU SAY IT AGAIN? I'M SORRY.
SO, UM, REGARDING THE CRIME WATCH MEETINGS, WOULD YOU BE THE ONE GOING TO THESE MEETINGS WITH THE APARTMENT COMPLEX IN QUESTION TODAY? YES, MA'AM.
AND DID YOU MENTION THAT WITHIN THE PAST TWO YEARS, YOU'VE ONLY BEEN TO ONE? YES, MA'AM.
SO DOES THAT MEAN THAT ONLY ONE WAS SCHEDULED IF, IF THEY HOSTED THEIR OWN CRIME WATCH MEETING? UH, THAT'S ENTIRELY POSSIBLE.
I'M, I'M NOT HERE ALL THE TIME, SO, SO THE TIME SOMETIMES, UH, THAT'S THE ONLY ONE I'M AWARE OF.
AND WHAT WOULD BE IN THIS TYPE OF, UH, COMPLEX, REALLY NEEDED, HOW MANY MEETINGS DO YOU THINK WOULD BE, WOULD BE A GOOD NUMBER? IT, I WOULD SAY AT LEAST TWO MEETINGS A YEAR.
UH, APARTMENT COMPLEX MANAGERS ARE REQUIRED TO DO FOUR A YEAR.
UM, AND THEY CAN DO APARTMENT MANAGERS MEETINGS, WHICH WE HOST SEVERAL TIMES A YEAR FOR ALL THE MANAGERS TO COME TO ONE LOCATION.
AND THAT COUNTS AS ONE OF THEIR MEETINGS.
AND THEN WE TRY TO ENCOURAGE THEM TO AT LEAST TWO MEETINGS ON THEIR PROPERTY, UH, IN ADDITION TO THE MEETINGS, UH, THAT THEY COME TO FOR THE APARTMENT MANAGER'S MEETINGS.
AND IN YOUR, WITH YOUR LEVEL OF EXPERIENCE, DO YOU THINK THAT CAMERAS ARE ENOUGH TO KEEP, UM, THIS PROPERTY SAFE? I DO NOT BELIEVE THAT CAMERAS DETER CRIME.
AND WHEN, WHAT IS YOUR EXPERIENCE WITH THE LEADERSHIP SPECIFICALLY IN THIS A APARTMENT COMPLEX? LIKE HOW MUCH CONTACT DO YOU HAVE WITH THEM? WITH THE MANAGER? YEAH, WITH THE MANAGER.
LIKE THERE'S SOMEONE ON SITE AND THEN THERE'S ALSO, UM, ANOTHER MANAGER.
BUT DO YOU HAVE MUCH CONTACT WITH THEM IN GENERAL? I, I HAVE CONTACT WITH THE ONSITE MANAGER, UH, MARIA AND WE C**K CONTACT EVERY FEW MONTHS ABOUT DIFFERENT ISSUES.
I HAVE JUST A COUPLE QUICK QUESTIONS.
SO, CORPORAL BROOKS, UM, YOU MENTIONED THAT THIS IS CONSIDERED A GRID LOCATION A HUNDRED METERS BY A HUNDRED METERS.
IF I HEARD YOU CORRECTLY, UM, HOW MANY GRID LOCATIONS ARE IN THE AREA? UH, CURRENTLY I'M, UM, UM, I WOULD, I WOULD HAVE TO LOOK AT SOMETIMES THE, IT, IT VARIES EVERY FEW MONTHS, SO IT, IT MOVES DEPENDING ON THE CRIME.
SOMETIMES THERE'S TWO IN THE AREA, SOMETIMES ONE.
SO, SO, SO NOT MANY AT ALL, SO TO SPEAK.
SO WHEN YOU'RE DESIGNATED A GRID LOCATION, IT'S REALLY BAD.
SO WITH THAT BEING SAID, UM, ONE LAST QUESTION.
UM, IN, IN, IN YOUR OPINION, DO YOU THINK OWNERSHIP IS REALLY TAKING SERIOUSLY TO ABATE THE CRIME AND MAKE THIS, UH, A SAFE PLACE TO LIVE? UNFORTUNATELY NOT.
[03:50:02]
BROOKS.FIRST I WANNA SAY THANK YOU FOR YOUR YEARS OF SERVICE TO THE CITY AND TO THIS NEIGHBORHOOD IN PARTICULAR.
UM, MY ONLY QUESTION FOR YOU IS, UM, IN YOUR EXPERIENCE AND BEING AN N P O OFFICER IN, IN THIS AREA, UM, HOW WOULD YOU CLASSIFY THE LEVEL OF PARTICIPATION FROM THIS PROPERTY MANAGER? IS IT IN LINE WITH OTHER PROPERTY MANAGERS, OR IS IT LACKING IN COMPARISON? UH, THE PROPERTY MANAGER, UH, MARIA, SHE'S, SHE'S, UH, SHE'S REALLY GOOD.
SHE'S GOOD AT, UH, REACHING OUT TO ME AND, UM, LETTING ME KNOW WHEN SHE NEEDS SOMETHING.
UH, UH, THANK YOU FOR YOUR TIME AND YOUR PATIENCE TODAY, UH, WITH US.
UM, I DON'T THINK THIS QUESTION WAS ASKED, BUT, UH, THE, THE PROPERTY MANAGER, OR HE TESTIFIED EARLIER, SAID THAT THERE WAS A CRIME WATCH MEETING TAKING PLACE TODAY.
WOULD YOU BE ATTENDING THAT? YES, I WILL BE.
UM, YOU HAD SAID, UH, YOU DO NOT BELIEVE THE CAMERAS DETER CRIME.
THAT IS NOT THE OPINION OF CHIEF GARCIA OR D P D, IS IT? SO USUALLY CAMERAS ARE REACTIVE, MORE THAN PROACTIVE.
UM, THAT THERE ARE CAMERAS THAT LIKE, UH, THE FLOCK CAMERAS, WHICH READ LICENSE PLATES AND SEND ALERTS TO, UM, TO ALL THE POLICE OFFICERS IN THE AREA, LETTING 'EM KNOW THAT THERE'S A STOLEN VEHICLE OR A VEHICLE WITH SOME KIND OF, UH, UH, HIGH CRIME HIT, LIKE MAYBE A, A A MURDER WARRANT OR SOMETHING OF THAT NATURE, AND THAT, THAT CAN BE PROACTIVE.
BUT THAT'S, THAT'S VERY SPECIFIC TO THAT TYPE OF CAMERA THAT SENDS OUT ALERTS TO US.
SO, D P D HAS A NETWORK OF CAMERAS DOWNTOWN THAT ARE VERY CONSPICUOUS ON BUILDINGS, AND D P D HAS PORTABLE CAMERAS ON MASKS OR ON THOSE TOWERS THAT PUTS IN PARKING LOTS WITH THE FLASHING LIGHTS ON THEM.
DO YOU NOT BELIEVE THAT THOSE ARE INTENDED TO BE DETERRENT? SO THE, THE WHITE DOME CAMERAS WITH THE BADGE ON THE SIDE, UH, I, I BELIEVE THAT THOSE, DEPENDING ON THE LOCATION HAVE, UH, LOWERED CRIME BECAUSE WHENEVER A CRIME OCCURRED NEAR THOSE CAMERAS, WHOEVER WAS MONITORING THAT CAMERA WAS ABLE TO CALL, WAS ABLE TO DISPATCH OFFICERS DIRECTLY THERE.
SO, UH, THAT LOCATION WOULD THEN BE KNOWN AS A LOCATION WHERE WE WERE ACTIVELY WATCHING.
SO IT, IT CAN BE, IT, IT CAN BE HELPFUL AND, UH, IN A PROACTIVE MANNER, IT CAN BE.
BUT, UH, OVERALL, FROM WHAT I'VE SEEN, CAMERAS, JUST CAMERAS THAT JUST RECORD AND AREN'T ACTIVELY MONITORED AND NOT, AND ARE NOT ACTIVELY SENDING INFORMATION TO OFFICERS ON DUTY.
UH, YOU KNOW, THOSE TYPES OF CAMERAS AREN'T GONNA NECESSARILY DETER CRIME THEMSELVES.
UM, ARE THE, ARE THE MASK CAMS THAT D P D OFFERS THE BUSINESS OWNERS TO PUT IN PARKING LOTS? ARE THOSE CONSTANTLY MONITORED? I CAN'T SAY FOR CERTAIN IF, IF THOSE CAMERAS ARE OR NOT.
BUT OTHER MEMBERS OF D P D AND POSSIBLY CHIEF GARCIA DO APPARENTLY DISAGREE WITH YOU THAT CAMERAS CANNOT BE.
SO TYPICALLY, UH, IT CAN DEPEND ON, AGAIN, WHETHER OR NOT THOSE CAMERAS ARE MONITORED AND OFFICERS RESPOND TO THOSE LOCATIONS BASED ON THE MONITORING.
UM, I CAN'T SAY FOR CERTAIN, UM, IF THE CAMERA TOWERS THAT WE PUT OUT FOR BUSINESSES ARE MONITORED, AND IF THAT SENDS OUT RESPONSES, I CAN'T SAY FOR CERTAIN IF, IF THAT'S THE CASE OR NOT.
UM, SECOND ROUND, UH, MS. AYALA, DO YOU HAVE ANY QUESTIONS IN THE SECOND ROUND? NO, I DON'T.
[03:55:01]
YOU HEAR ME NOW? AM I NOT CLOSE ENOUGH? CAN YOU HEAR ME NOW? I THINK IT'S YOUUH, MS. TORRES, NO QUESTIONS AT THIS TIME.
CHAIR, MR. HAYES? NO QUESTION MR. QUINN? NO, SIR.
I GUESS MY TURN AGAIN, UM, I, I, I HAD ASKED, UH, THE DETECTIVE THIS, BUT, UH, YOU MIGHT BE MORE FAMILIAR WITH, UH, WHETHER THEY KEEP THE CAMERAS AND THE LIGHTING AND WORKING CONDITION AT THIS PROPERTY GENERALLY.
I'M, I'M SORRY, WHAT WAS THE QUESTION AGAIN? ARE, ARE, ARE YOU FAMILIAR WITH WHETHER THEY GENERALLY KEEP THE, THE CAMERAS AND THE LIGHTING IN WORKING CONDITION? YES, THE CA THE CAMERAS, UH, FROM WHAT I'VE SEEN, THE CAMERAS DO STAY IN WORKING CONDITION ON JUST THE PHASE ONE.
AND, AND, AND WAS IT, WAS IT ACCURATE, WE HEARD EARLIER THAT WHEN OFFICERS RESPOND AND REQUEST FOOTAGE THERE, THE PROPERTY IS ABLE TO PROVIDE THEM WITH GOOD FOOTAGE.
AND, UH, WITH THAT, UH, WE'LL MOVE ON TO CLOSING STATEMENTS, BEGINNING WITH, UH, THE APPELLANT.
THANK YOU VERY MUCH, AND I'LL MAKE IT BRIEF.
WE APPRECIATE THE BOARD'S TIME AND PATIENCE THROUGHOUT THE DAY.
UM, AS WE STARTED OUT OUR PRESENTATION, I THINK THE PRINCIPLE POINT THAT WE'D LIKE TO EMPHASIZE TO THE BOARD IS THE SAME POINT THAT WAS EMPHASIZED BY THE CITY AT THE BEGINNING, WHICH IS ADHERING TO THE CHAPTER 27 TERMS AND PROVISIONS AS IT PERTAINS TO A REBUTTABLE PRESUMPTION OR WHETHER THE PRESUMPTION EXISTS AT ALL.
WHILE I UNDERSTAND THAT MANAGEMENT MAY TAKE TENANTS OR POTENTIAL LEASES OR APPLICANTS AT ONE LOCATION FOR OTHER LOCAL PARCELS THAT CONSTITUTE THIS APARTMENT COMPLEX, THE CODE IS WRITTEN IN THE MANNER IN WHICH THE CODE IS WRITTEN.
THAT IS A DOMAIN THAT IS RESERVED FOR CITY COUNCIL TO AMEND AT SOME POINT IF PROPOSED AND APPROVED.
BUT UNTIL SUCH TIME, EACH PROPERTY THAT IS PARCELED SEPARATELY IS CONSIDERED A PROPERTY WITHIN THE CONTEXT OF CHAPTER 27, AND MUST HAVE FIVE AVAILABLE CRIMES ON EACH ONE OF THOSE IN ORDER TO CONSTITUTE AND EVEN MEET THE PRESUMPTION OF A HABITUAL CRIME PROPERTY.
AND AGAIN, THE CITY, AS WE PRESENTED IN OUR EVIDENCE, HAS ASSESSED FOUR FINES, MAKING A PARALLEL INTERPRETATION OF WHAT WE ARE PRESENTING AS WHAT SHOULD BE A PROPERTY FOR H C P PURPOSES.
SECONDARILY, AS IT RELATES TO REBUTTING THE PRESUMPTION THAT EXISTS ON PHASE ONE, THE KEY INQUIRY FOR THE BOARD IS WHAT REASONABLE MEASURES COULD HAVE BEEN TAKEN TO ABATE AGAINST THOSE CRIMES GIVING RISE TO THE DESIGNATION ITSELF.
IT DOESN'T APPEAR TO BE DISPUTED AMONGST THE PARTICIPANTS TODAY.
UM, BOTH FROM THE CITY SIDE WHOM WE APPRECIATE AS WELL AS OWNERSHIP SIDE, THAT THESE ARE OFFENSES BEING, UH, THESE OFFENSES ARE BEING COMMITTED BY ON FOOT TRESPASSERS COMING ONTO THE PROPERTY SECURITY OR ONSITE SECURITY AS MR. CRAVEN TESTIFIED TO, HAS ALREADY BEEN ATTEMPTED BY THE PROPERTY OWNERSHIP TO WITHOUT SUCCESS.
THE PROPERTY OWNERSHIP HAS PUT UP THE LIGHTS, THE CAMERAS, THE 24 7 MONITORING, THE LEASE VIOLATION ENFORCEMENTS, AND THE PARKING AND THE TOWING.
AND THE QUESTION IS, WHAT ELSE IS A REASONABLE MEASURE THAT'S EVEN POSSIBLE FOR THE PROPERTY OWNER TO IMPLEMENT? AND YOU HEARD MR. CRAVEN AT THE OUTSET, WE DON'T DISAGREE THAT CRIMINAL TRESPASSES AN ISSUE AT THE PROPERTY, BUT FROM AN OWNERSHIP STANDPOINT, AND AS A PRIVATE PROPERTY OWNER, THIS PROPERTY OWNER HAS TAKEN THE STEPS THAT ARE AVAILABLE TO ABATE AGAINST THE SPECIFIC CRIMES OCCURRING, WHICH IS ON FOOT TRESPASSERS COMING ONTO THE PROPERTY AND COMMITTING CRIMES TO EITHER PROPERTY OF TENANTS, PROPERTY OF OWNERSHIP, OR THE TENANTS THEMSELVES, NONE OF WHICH IS CONDONED, WANTED OR DESIRED BY PROPERTY OWNERSHIP.
BUT FROM AN OWNERSHIP AND A PRIVATE PROPERTY OWNER STANDPOINT, OWNERSHIP HAS DONE WHAT IS REASONABLE TO ABATE AGAINST THE SPECIFIC ON FOOT TRESPASSERS THAT ARE COMING ONTO THE PROPERTY AND SUBJECT OF THE INCIDENTS THAT GIVE RISE TO THE H C P DESIGNATION.
SEVERAL OF THEM, AS OUTLINED IN THE INCIDENT REPORT, EMANATE FROM THE BRIDGE UNDER 75, WHICH
[04:00:01]
IS CITY PROPERTY.THERE ARE NO LESS THAN 10 DIFFERENT APARTMENTS AND PEOPLE THAT WOULD NEED TO SIGN OFF ON SOME SORT OF PERIMETER FENCING FOR THAT TO EVEN BE A LEGAL POSSIBILITY.
WHETHER THAT'S A REASONABLE STEP OR MEASURE TO TAKE IS ANOTHER QUESTION.
BUT AT BASE, A LEGAL POSSIBILITY TO ENCLOSE THE ENTIRE PROPERTY, WHICH I THINK SOUNDS, AND I DON'T THINK ANYBODY WOULD DISAGREE, WOULD BE THE GREATEST OR BEST DETERRENT FOR ON FOOT TRESPASSERS.
OWNERSHIP HAS IMPLEMENTED AND PUT INTO PLACE THE MEASURES THAT ARE REASONABLE, AVAILABLE AND EVEN POSSIBLE TO ABATE AGAINST THE SIX AVAILABLE CRIMES THAT HAVE OCCURRED ON PHASE ONE IN A 365 DAY PERIOD.
THERE'S BEEN TESTIMONY THAT IS CONFLICTING BETWEEN THE DETECTIVE AND MR. CRAVEN AS IT PERTAINS TO THE OPERABILITY OF THE CAMERAS AND LIGHTS.
AND I WOULD NOTE TO THE BOARD THAT THE EVIDENCE SUBMITTED BY THE CITY IN SUPPORT OF THE LIGHTS NOT BEING MAINTAINED IS OUTSIDE THE VERY TIME PERIOD THE CITY EMPHASIZED WAS RELEVANT TO THE BOARD'S INQUIRY, WHICH ENDS IN MARCH OF 2023.
ACCORDINGLY, WE DON'T BELIEVE THE PRESUMPTION EVER EXISTED FOR ANY OF THE FOUR PARCELS OUTSIDE OF PHASE ONE.
AND AS IT PERTAINS TO PHASE ONE, THE PREDOMINANT ISSUE OF ON FOOT TRESPASSERS, THE PROPERTY OWNERSHIP HAS DONE WHAT THEY CAN WITHIN THEIR LEGAL ABILITY, THEIR LEGAL RIGHTS, AND AS A PRIVATE PROPERTY OWNER, MEASURES IN PLACE TO ABATE AGAINST THOSE CRIMES.
SO WE WOULD ASK THE BOARD TO OVERTURN THE UNDERLYING H C P PRESUMPTION HERE AT THIS APPEAL.
UH, I'M GONNA CLOSE FOR THE CITY.
SO I WOULD LIKE TO, UH, JUST FOCUS BACK ON, UM, WHY WE'RE HERE.
THE REQUIREMENT IS TO SHOW WHAT REASONABLE MEASURES WERE TAKEN TO PREVENT CRIME PRIOR TO MARCH, 2023.
SO I KNOW WE'VE REVIEWED AVAN OFFER A LOT OF INFORMATION HERE, AND, UM, QUITE FRANKLY, LET'S GO BACK TO AGAIN, THE FEW MEASURES THAT WERE TAKEN PRIOR TO MARCH, 2023.
THE CAMERAS THAT WERE MENTIONED, THE 34 CAMERAS THAT WERE MENTIONED THAT WERE ON ONE PHASE, UH, OF THOSE ONLY FOUR WERE MONITORED, NOT ON SITE.
UM, AND SO EVEN THOUGH THEY WERE AWARE THAT CRIME WAS TAKING PLACE, THEY DID ABSOLUTELY NOTHING TO PREVENT IT.
THOSE 34 CAMERAS WERE IN PLACE FOR A MEASURE OF, OR I'M SORRY, A PERIOD OF WHAT, FOUR YEARS IF NOT LONGER.
AND THEY REFUSED OR FAILED TO PUT ANYTHING ELSE IN PLACE TO PREVENT CRIME.
UM, THEY PROVIDED INFORMATION JUST TO SHOW THAT THEY CHECKED AN EMAIL AND NOTHING MORE.
UM, THEY SAID THAT THEY PERFORMED CRIMINAL BACKGROUND CHECKS ON LEASE HOLDERS ONLY, BUT DID NOT, UH, CHECK ANY ROOMMATES.
DID NOT DO ANY INSPECTIONS TO SEE IF ANY ADDITIONAL PEOPLE MOVED INTO THE APARTMENTS AND FAILED TO DO REGULAR INSPECTIONS ASIDE FROM PEST CONTROL, UM, AND HAD NO IDEA WHO WAS ON THEIR PROPERTY AT ANY POINT IN TIME.
NOW, I KNOW OPPOSING COUNSEL KEEPS TALKING ABOUT TRESPASSERS, BUT OUT OF THE POLICE REPORTS, IT'S NOT ALL ABOUT TRESPASSERS.
UM, THERE'S A RED HERRING HERE THAT HE KEEPS THROWING OUT ABOUT EASEMENTS.
HE FAILED TO SHOW ANY DEEDED RESTRICTIONS WHATSOEVER.
JUST BECAUSE AN EASEMENT IS SOMEWHERE DOES NOT MEAN THAT A PERSON DOES NOT HAVE THE POWER OR THE ABILITY TO BUILD A FENCE.
IT IS NOT D P D'S RESPONSIBILITY TO GO TO EVERY DEPARTMENT, EVERY COMPANY OR ANYONE WHO HAS AN EASEMENT TO FIGURE OUT WHETHER OR NOT A FENCE CAN BE CONSTRUCTED THAT IS ON THE RESPONSIBILITY OF THE PROPERTY OWNER.
THEY KNEW CRIME WAS TAKEN PLACE.
THEY CLAIM THEY KNEW THAT IT WAS THE TRESPASSERS AND THEY FAILED TO DO ANYTHING ABOUT IT.
WHAT THIS BOILS DOWN TO IS CRIME WAS HAPPENING, CRIME WAS HAPPENING AGAINST THE RESIDENTS.
THE RESIDENTS DON'T HAVE TO BE THE PEOPLE PERPETRATING THE CRIME.
EVEN IF IT WERE, THEY WOULDN'T KNOW.
THEY WEREN'T DOING CRIMINAL BACKGROUND CHECKS, THEY WEREN'T PAYING ATTENTION, THEY DIDN'T CARE.
AND SO, UM, SWAT WAS ON THEIR PROPERTY NOVEMBER, 2022.
AGAIN, THEY STILL DIDN'T CARE.
AND, UM, THEY CONTINUED TO ALLOW CRIME TO, TO OCCUR AND FAILED MISERABLY TO IMPLEMENT ANY KIND OF REASONABLE MEASURES ON THEIR PROPERTY.
THEY DIDN'T CHECK TO SEE IF THEY COULD PUT IN GATES, IF THEY COULD, UH, CONSTRUCT ANY, UH, FENCES ON THEIR PROPERTY.
[04:05:01]
THEY SAID THAT THEY DID HAVE FOOT PATROL AT ONE POINT IN TIME, I BELIEVE SEVERAL YEARS AGO.THEY FAILED TO SAY WHY THAT DID NOT WORK.
BUT PATROL IS SEVER, IS, UH, DIFFERENT FROM HAVING SECURITY IN A CAR.
UM, THEY HAVE SIMPLY FAILED TO DO ANYTHING OTHER THAN THROW SOME KIND OF LEGAL IDEAS HERE AND THERE AND GET YOU OFF THE TRAIL OF WHAT YOU'RE REALLY SUPPOSED TO BE LOOKING AT.
AND AGAIN, WHAT YOU'RE SUPPOSED TO BE LOOKING AT, AND WHAT WE'RE SUPPOSED TO BE FOCUSED ON IS WHAT REASONABLE MEASURES THEY ACTUALLY PUT IN PLACE TO PREVENT CRIME.
UM, THE CRIME WATCH MEETINGS THAT THEY CLAIM TO HAVE HAD, IT'S BEEN TESTIFIED THEY ONLY HAD ONE PRIOR TO MARCH, 2023.
UM, AGAIN, WITH THE, UH, THE PROPERTY ARGUMENT, THEY HELD THEMSELVES OUT TO BE ONE PROPERTY, UM, ONE BUSINESS.
UM, THEY TESTIFIED THEMSELVES THAT THE PROPERTY IS NOT SAFE.
HE TESTIFIED HIMSELF AFTER HESITATING FOR I BELIEVE, FIVE SECONDS, THAT HE HIMSELF WOULD NOT MOVE OR LIVE ON THE PROPERTY.
UM, THEY TESTIFIED THEMSELVES THAT THE CAMERAS, AGAIN, OF THE 34 THAT THEY HAD, 30 OF THEM ARE KIND OF, SORT OF MAYBE MONITORED.
UM, REALLY, LET'S BE HONEST, THE ONLY REASON THEY'RE HERE IS BECAUSE MONEY.
THEY GOT THE FEES FROM THE H C P AND THEY THOUGHT, I DON'T WANNA PAY THIS MUCH.
IT'S NOT EVEN THE OWNER, IT'S NOT EVEN THE PROPERTY MANAGER.
IT WAS THE ASSET MANAGER THAT SHOWED UP.
LET'S LOOK AT THE CAMERAS THAT ARE MONITORING.
THEY'RE NOT MONITORING THE, UM, THE BACK WHERE THE SUPPOSED TRESPASSERS COME ALONG.
THEY'RE LOOKING AT THE CONSTRUCTION.
WHY? BECAUSE THAT'S WHERE THE VALUE IS, RIGHT? THAT'S WHERE THEY HAVE, UH, TOOLS.
THAT'S WHERE THEY HAVE CONSTRUCTION MATERIALS THAT MIGHT BE STOLEN.
THAT'S WHERE THEY'RE CONCERNED ABOUT.
THEY'RE CONCERNED ABOUT THEIR DOLLARS.
SO IN THE END, WE BELIEVE THAT THE H C P DESIGNATION SHOULD STAND.
UM, THAT WILL BRING US TO THE CLOSE OF THE PARTIES PRESENTATIONS.
UM, I HAVE A QUESTION FOR COUNSEL.
UM, IT'S PRETTY OBVIOUS TO ME THAT THESE ARE FOUR SEPARATE PROPERTIES.
THE CITY DESCRIBED THEM AS FOUR SEPARATE PROPERTIES.
DO WE HAVE TO TREAT THESE TOGETHER OR CAN WE TREAT THEM SEPARATELY FOR PURPOSES OF UPHOLDING THEIR DETERMINATION? I, I NEED TO ASK FOR A, A BRIEF FREE SYSTEM AND CHECK UP WITH THE, UH,
WE WILL TAKE A, UH, 10 MINUTE RECESS AND WE'LL BE BACK AT 1 28.
IT IS, UH, 1 55 AND WE'RE BACK.
SO TO RECAP, WE WILL BE DEALING WITH FOUR PROPERTIES.
THE, UH, CORRECT ADDRESSES, I BELIEVE ARE 1 3 3 5 0 ESPERANZA ROAD.
I'M GINA TAN ALLT TEXT PERMIT FROM LANE MARLAN, TEXAS, FORMALLY TEXAS BEVERAGE COMMISSION HERE TODAY TO SPEAK ON BEHALF.
MITCHELL, WHO IS APPLICATION ALL ARE IN DALLAS, TEXAS.
SEVEN FIVE PEOPLE ARE HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
UH, HE WISHES TO HAVE A TO-GO ONLY RESTAURANT AT THIS FACILITY THAT ALSO SERVES BEER AND WINE ONLY TO GO, UH, AND DO EVERYTHING IN ACCORDANCE WITH T A B C ROLES AND RECOMMENDATIONS.
HE HAS SEVERAL RESTAURANTS IN THE DALLAS FORT WORTH AREA THAT I JUST, THE FOLKS ONLINE.
THIS IS THE FIRST TIME WE'VE NEEDED TO APPLY FOR A SPECIAL LEASE PERMIT.
CHAIRMAN, GET SOME BLEED OVER FROM SOME OTHER ME MEETING.
EVERYBODY GOT THAT? WE'RE GOOD ON THE ADDRESSES.
AND SO, MR. MR. CHAIR, IF I COULD ADD ONE POINT OF CLARIFICATION? YES.
THE REASON FOR THE DIFFERENT ADDRESSES FOR THE PHASE TWO IS THAT THE D AD ADDRESS LISTED FOR PHASE TWO IS 1 3 5, 3 5.
BUT THE POSTED ADDRESS THAT'S TIED TO THE INCIDENCES AND OFFENSES IS 1 3 5 5 5, OKAY.
SO WE WILL TREAT 1 3 5, 3 5 AND 1 3 5 5 5
[04:10:02]
AS EQUIVALENT.UM, AND, UH, ARE THE LEGAL DESCRIPTIONS CORRECT IN THE LETTER? IF THOSE ARE CORRECT, THEN WE'LL REFER BACK TO THE LEGAL DESCRIPTIONS IN THE LETTER FOR THE PURPOSES OF THE WRECK.
AND SO FOR THE PURPOSES OF OUR DISCUSSION, 1 3, 3 5, 0 IS THE PROPERTY THAT HAS BEEN REFERRED TO TODAY AS PHASE ONE? YES.
KIT LANE IS THE PROPERTY THAT HAS BEEN REFERRED TO AS PHASE TWO? YES.
EMILY ROAD IS THE PROPERTY THAT'S BEEN REFERRED TO AS PHASE THREE? I HAVE DOWN THAT.
PHASE THREE IS 1, 3, 3 5, 3 EMILY ROAD.
THREE IS THE PROPERTY THAT'S BEEN REFERRED TO AS PHASE THREE.
AND THAT WOULD MEAN 1, 3, 3, 5, 4.
IS THE PROPERTY REFERRED TO AS PHASE FOUR? THAT'S CORRECT.
I HOPE EVERYBODY ELSE HAS BEEN MAKING THEIR CHIEF CHEATS TOO.
MAY I HAVE A MOTION REGARDING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY WITH RESPECT TO THE PROPERTY KNOWN AS PHASE ONE? I MOVE TO UPHOLD THE CHIEF OF POLICE'S DESIGNATION AS H C P FOR ESPER MOTION, UH, BY MS. SHIN TO UPHOLD THE DECISION OF THE CHIEF OF POLICE FINDING PHASE ONE, AKA 1 3 3 5 0 ESPERANZA ROAD.
UH, THE FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY.
SECOND BY
AND THAT THE, UM, APPELLANT DID NOT SHOW ENOUGH, UM, ACTIVITY TO ABATE THOSE OFFENSES FROM HAPPENING.
I BELIEVE THE, UM, OWNER OF THE PROPERTY HAS A RESPONSIBILITY TO ITS RESIDENCE TO KEEP THEM SAFE.
THE, UM, POLICE REPORTS SHOW THAT THE CRIMES WERE MOSTLY THE VICTIMS WERE MOSTLY RESIDENTS OF PHASE ONE.
AND, UM, THAT IS WHY I BELIEVE WE SHOULD UPHOLD THE CHIEF OF POLICE S MOTION.
UH, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THAT MOTION? OKAY.
IS THERE ANYBODY WHO WOULD LIKE TO SPEAK ON THE MOTION? YEAH, I'D LIKE TO SPEAK ON THE MOTION CHAIR.
I THINK THAT I WOULD AGREE WITH MS. SHIN ON THE FACT THAT, UM, YOU KNOW, I, I WOULD AGREE WITH YOU ALSO.
I THINK THAT THE PROPERTY OWNERS HAVE FAILED TO REALLY PROTECT THEIR TENANTS DURING THIS TIME.
SO NOT ONLY DID WE SEE THESE FIVE SPECIFIC ONES, BUT WE ALSO HAD A, IT LOOKS LIKE THERE'S A HISTORY OF, OF OTHER CRIMES AND, UM, CERTAIN ADDITIONAL MEASURES SHOULD BE TAKEN TO MAKE THIS A, A SAFER COMMUNITY.
UM, IT BEING NOT A POSSIBILITY IS JUST NOT A GOOD ENOUGH RESPONSE.
THERE HAS TO, THERE HAS TO BE A WAY.
UM, I, I, I'D LIKE TO SPEAK ON THE MOTION NEITHER FOR, NOR AGAINST, UM, 'CAUSE I'D LIKE SOMEBODY TO PERSUADE ME.
UH, THIS IS A, THIS ONE IS A TOUGH CALL FOR ME.
I AGREE THAT THEY, YOU KNOW, THEY, THEY MET THE STANDARD FOR FIVE, UM, UH, AVAILABLE CRIMINAL OFFENSES.
I DON'T THINK THERE WAS ACTUALLY A DISPUTE WITH THAT ABOUT THAT WITH RESPECT TO THIS PROPERTY.
UM, BUT AS FAR AS WHETHER THE LANDLORD TOLERATED THAT ACTIVITY OR TOOK REASONABLE MEASURES, THEY'RE DOING A LOT OF STUFF.
AND THEY'VE HAD, UM, THEY, THEY, THE TESTIMONY WAS THAT THEY HAVE HAD ARMED SECURITY IN THE PAST OR ONSITE SECURITY IN THE PAST, AND THAT IT DIDN'T HAVE A MATERIAL EFFECT.
AND THAT SEEMS TO ME THAT THAT WAS THE MAJOR POINT OF CONTENTION, UH, FROM THE CITY'S WITNESSES OF THE, THE BIG THING THAT THEY WEREN'T DOING.
AND THEY'VE, THEY SAID, AND IT, YOU KNOW, I, I MEAN, THERE WASN'T PROOF OF
[04:15:01]
IT OTHER THAN THE WITNESS'S TESTIMONY, BUT IT WAS UNREBUTTED THAT THEY'VE DONE THAT IN THE PAST AND IT ACTUALLY DIDN'T MAKE A DIFFERENCE.SO, UM, I, I'M JUST SAYING I AM UNDECIDED ON THE MOTION AND I'D REALLY WOULD LOVE FOR SOMEBODY TO PERSU.
I MEAN, RIGHT NOW, YOU KNOW, HONESTLY, THE, THE BURDEN IS ON THE APPELLANT.
SO, YOU KNOW, THAT'S WHY I WOULD FALL, UH, IN FAVOR OF UPHOLDING THE DETERMINATION, BUT, UM, ONLY ON THE BASIS OF THEM NOT HAVING, POTENTIALLY NOT HAVING CARRIED, UH, THAT PART.
SO, UH, THAT'S WHAT I HAVE TO SAY ABOUT THAT.
UH, I'D LIKE TO SPEAK ON THE MOTION AS WELL.
UH, WELL FIRST, LET'S SEE IF ANYBODY WANTS TO SPEAK IN FAVOR OF IT.
UH, IS THERE ANYBODY ELSE WHO'D LIKE TO SPEAK IN FAVOR OF IT? I'D LIKE TO SPEAK IN FAVOR OF IT.
SO YOU HAD SAID THAT, UM, AND, AND THAT THERE'S NO MATERIAL EFFECT WITH PATROL.
UM, AND YOU SAID PERSUADE YOU, UM, WE DON'T KNOW HOW LONG THE PATROL WAS THERE ON THE PROPERTY.
WERE THEY THERE ONCE AT FOUR O'CLOCK IN THE AFTERNOON? WERE THEY THERE AT 2:00 AM FOR FIVE MINUTES? SO WE REALLY DON'T HAVE A FIRM GRASP OF HOW MUCH PATROL THEY HAD, SO TO SPEAK.
UM, ONE OF THE BIGGEST FACTORS THAT, THAT I THINK IS STILL PRESSING ON ME IS THAT, UM, MR. SINGAPORE TRIED TO PAINT THE PICTURE THAT THE DETECTIVES SHOULD HAVE DONE THE DILIGENCE ON THE EASEMENTS TO PUT UP FENCING.
AND IN, IN THE REAL WORLD, THE DILIGENCE WOULD BE ON THE APPELLANT.
IT'S THEIR PROPERTY, AND THEY KNOW THIS CRIME IS GOING ON, AND THEY HAD SOME KIND OF REAL FENCING.
IT WOULD'VE BEEN SOME DETERRENT TO THE CRIMINAL ACTIVITY.
THEY WOULDN'T BE ABLE TO JUST WALK IN UNABATED.
SO I, I THINK THAT IF THEY REALLY, TRULY CARED AND, AND WANNA MAKE THAT PROPERTY REALLY SAFE, THEY WOULD'VE EXPLORED EVERY OPPORTUNITY WITH, UH, THE OWNERS OF THE EASEMENTS.
IF THEY WENT AND PAINTED THE PICTURE, THIS IS WHAT'S GOING ON, AND YOU CAN BUILD A FENCE THAT WON'T AFFECT OUR EASEMENT.
MOST EVERYBODY WANTS TO HAVE PROPERTIES THAT ARE SAFE FOR PEOPLE TO LIVE.
THEY SHOULDN'T HAVE TO FEAR, UM, LIVING ON THEIR OWN PROPERTY.
UM, ADDITIONALLY, UM, MR. CRAVEN KEPT BLAMING THE GAS STATION IN THE HOTEL FOR THE CRIMES.
THEY TAKE ABSOLUTELY ZERO RESPONSIBILITY FOR WHAT'S HAPPENED ON THEIR OWN PROPERTY.
SO FOR SOMEONE TO SAY, WELL, GEE, IT'S SOMEONE ELSE'S FAULT, YET I OWN IT MAKES ABSOLUTELY ZERO SENSE.
UM, AND THEN WHEN YOU ASKED MR. CRAVEN ABOUT DOING THINGS TO MAKE THE PROPERTY SAFE, HIS ANSWER WAS TYPICALLY IT'S NOT FEASIBLE.
WELL, WHAT'S FEASIBLE AND WHAT'S, WHAT'S REALISTIC COULD BE TWO DIFFERENT THINGS, BUT AT LEAST TRY.
UM, THEY SHOWED NO EVIDENCE OF TRYING TO AT LEAST MAKE THE PROPERTY SAFE.
SO I, I THINK AT THE END OF THE DAY, KNOWING WHAT THEY'VE SAID TODAY, THAT THE H C P SHOULD STAY DESIGNATED.
UM, BEFORE MR. HAYES SPEAKS ON THE MOTION, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THEM? OKAY.
YEAH, I WAS, AFTER READING OVER THIS LAST NIGHT AND DOING MY HOMEWORK, I KIND OF CAME IN UNDECIDED IF WHAT THE MEASURES THAT WERE TAKEN WERE REASONABLE.
UH, FIRST OF ALL, I WANT TO COMMEND MR. SINGAPORE FOR FOCUSING ON THE, ON THE PERIOD FROM APRIL OF 22 TO FEBRUARY 23.
UM, RATHER THAN GETTING OFF TO THE SIDE ABOUT STUFF THAT'S BEEN DONE SINCE, YOU KNOW, THE LAST TWO OR THREE MONTHS OR WHATEVER, I APPRECIATE THAT FOCUS.
UM, AND I ALSO APPRECIATE THAT THE OWNERS DID DO SOME THINGS DURING THAT PERIOD IN TERMS OF LEASE VIOLATIONS, LIGHTS, CAMERAS, AND GOODNESS KNOWS, THEY CERTAINLY TOWED AWAY A LOT OF VEHICLES.
UH, HOWEVER, I, I'VE BEEN PUSHED OVER TOWARDS THE UPHOLD SIDE NOW BECAUSE OF THE EASEMENT ISSUE, WHICH THEY DIDN'T MAKE LIFT A FINGER TO EVEN LOOK AT.
AND THEY SHOULD HAVE PROBABLY, IN MY OPINION, TRIED TO PUT SOME ACTIONABLE PERSONAL SECURITY OUT THERE.
MAYBE NOT TWO OFFICERS 24 7, BUT THEY COULD HAVE PINPOINTED SOME PARTICULAR TIMES TO ACTUALLY PUT SOME SECURITY OUT THERE.
UH, IS THERE, EXCUSE ME, IS THERE ANYBODY, UH, WHO WOULD LIKE TO SPEAK FOR
[04:20:01]
THE MOTION WHO'D LIKE TO SPEAK? UH, YEAH, SURE.UM, I ALSO WANNA BRING UP THAT, UH, THE EVIDENCE PRESENTED BY MR. SINGAPORE AND MR. CRAVEN, UM, SHOWED, LIKE MR. QUENT WAS SAYING, THERE'S JUST NOT A LOT OF ASSET PROTECTION GOING ON FROM THE ASSET MANAGER.
THEY'RE DOING BY THEIR EVIDENCE 10 AND CUSTOM INSPECTIONS A MONTH.
36 ARE NOT OPEN RIGHT NOW DUE TO THE FIRE THAT LEAVES 141.
IT, IT WAS, I BELIEVE IT WAS CLARIFIED THAT THAT SHEET WAS JUST AN EXAMPLE ORDINANCE CORRECT.
BUT IT EXAM, IT SHOWED AN EXAMPLE OF THREE MONTHS.
BUT I'M SAYING THAT THERE WERE OTHER SHEETS THAT SHOWED, OKAY, THOSE WEREN'T ALL THE INSPECTIONS.
THAT'S WHAT THE WITNESS SAID FOR THE YEAR, IS HOW I UNDERSTOOD IT.
NOT ALL THE INSPECTIONS FOR THE YEAR.
SO IF IT'S FOR MAY, JUNE AND JULY OF 2022 AND THEY'RE DOING 10 A MONTH, THAT'S HOW I INTERPRETED THE EVIDENCE THAT THEY'RE DOING 10 A MONTH.
AND THERE'S 141, SO IT'S NOT, THEY'RE NOT GETTING THERE ALL THE TIME.
AND ALSO AGREEING WITH MR. QUINT THAT WHEN THE CITY ATTORNEY ASKED IF THEY HAD LOOKED INTO BEING ABLE TO DO ANYTHING ON THE EASEMENTS, MR. CRAVEN HAD NO KNOWLEDGE OF WHETHER OR NOT HE COULD EVEN ASK.
AND AGAIN, HE'S THE ASSET MANAGER, SO YOU WOULD WANNA PROTECT THE ASSET AND AT MINIMUM HE'S NOT EVEN DOING THAT.
SO LET ALONE PROVIDING A, A SEMBLANCE OF SAFETY FOR THE RESIDENTS OF
IS THERE, UH, ANYBODY WHO'D LIKE TO SPEAK AGAINST THE MOTION? UH, I'LL SPEAK ON THE MOTION AGAIN IF FOR NO OTHER REASON THAN TO RESPOND TO MY, UH, MY ESTEEMED COLLEAGUES AND HEAR MYSELF TALK.
UM, BUT I, YOU KNOW, I AM VERY FAMILIAR WITH THIS PART OF TOWN, ESPECIALLY THE TRAIL.
I RIDE, YOU KNOW, HUNDREDS OF MILES ON DALLAS TRAILS AND THIS IS A, A TRAIL THAT I WON'T RIDE ON AND THAT NONE OF THE PEOPLE WHO I RIDE WITH WILL RIDE ON.
AND IT'S NOT BECAUSE OF THE ADJACENT PROPERTIES, IT'S BECAUSE OF WHAT'S GOING ON ON THE TRAIL ITSELF AND UNDER THE BRIDGES THERE.
UM, AND, AND YOU KNOW, I, I DON'T THINK THE CITY HAS DONE ENOUGH THERE.
AND WE FREQUENTLY, AND I FREQUENTLY TALK, UH, HERE ABOUT PROPERTY OWNERS THAT ARE BLAMING THE CITY FOR STUFF THAT'S GOING ON ON THEIR PROPERTY, RIGHT? AND SAYING THE CITY NEEDS TO CLEAN UP ITS MESS FIRST.
UM, BUT BEING THAT THIS IS AN AREA THAT I'M PERSONALLY FAMILIAR WITH, I, I AM, UH, YOU KNOW, AND MAYBE I SHOULDN'T ALLOW MY BIAS TO COME IN, BUT I, I DO THINK THAT THIS IS POTENTIALLY AN AREA WHERE, UM, THERE'S SOME CRIME THAT'S GOING IN THE OTHER DIRECTION, RIGHT? UM, I, I AM INCLINED TO BELIEVE THAT, BUT I ALSO AGREE THAT THE PROPERTY OWNER NEEDS TO DO ITS DUE DILIGENCE AND FIGURE OUT WHAT IT CAN DO.
UM, AND IF IT CAN'T PUT UP FENCES AND WHERE IT CAN PUT UP FENCES.
AND I THINK THERE'S PROBABLY SOME AREAS WHERE IT CAN PUT UP FENCES.
UM, BUT I STILL COME BACK TO THE ARMED PATROL REALLY SEEMS LIKE THE ONE, I MEAN THIS, LOOKING AT THE PICTURES, THIS IS NOT LIKE A RUNDOWN PROPERTY LIKE SOME OF THE ONES WE SEE.
IT DOESN'T APPEAR TO ME THAT THEY'RE, YOU KNOW, TRYING TO ATTRACT OR INDIFFERENT TO ATTRACTING A TYPE OF ELEMENT.
AND I AGREE WITH EVERYBODY WHO SAID THAT IT'S THE PROPERTY OWNER'S RESPONSIBILITY TO PROTECT THEIR TENANTS.
BUT WE'VE ALSO SEEN PROPERTIES WHERE THE CRIMINAL ELEMENT WAS WITHIN THE PROPERTY AND THE OWNER WAS INDIFFERENT TO IT.
AND I THINK THIS IS A DIFFERENT THING THAN THAT.
SO AGAIN, UM, I'M STILL KIND OF ON THE FENCE, BUT I THINK I HAVE TO COME BACK TO THE PROPERTY OWNER NOT, UH, CARRYING HIS BURDEN.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK FOR THE MOTION OR AGAINST THE MOTION ON THE MOTION? THERE'S NO FURTHER DISCUSSION.
UH, WE WILL VOTE ON THE MOTION TO AFFIRM THE DECISION OF THE CHIEF OF POLICE REGARDING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY FOR THE PROPERTY KNOWN AS PHASE ONE AT 1 3 3 5 0 ESPERAN ROAD.
UH, ALL THOSE IN FAVOR SAY AYE.
[04:25:01]
AYE.UH, NOW I, UH, WOULD ASK FOR A MOTION REGARDING THE NOTICE OF FINAL DETERMINATION OF THE HABITUAL CRIMINAL PROPERTY FOR THE PROPERTY KNOWN AS PHASE 2 1 3 5 5 5 PIT LANE.
IS THERE A MOTION I MOVE THAT WE OVERTURN THE CHIEF'S DESIGNATION AS AN HABITUAL CRIMINAL PROPERTY AT 1 3 3 5 5 EMILY LANE, UH, KIT LANE.
UH, MR. HAYES MOVES TO REVERSE THE DECISION OF THE CHIEF OF POLICE REGARDING THE NOTICE OF FINAL DETERMINATION OF THE HABITUAL CRIMINAL PROPERTY OR THE PROPERTY KNOWN AS PHASE TWO AT 1 3 5 5 5 PIT LANE.
IS THERE A SECOND? I SECOND THAT MOTION SECONDED BY MS. UH, HAY, WOULD YOU LIKE TO SPEAK IN FAVOR OF YOUR MOTION TESTIMONY?
AND IF YOU LOOK AT THEM GEOGRAPHICALLY, THEY ARE IN FACT SEPARATE PROPERTIES.
AND I DON'T THINK THERE'S SUFFICIENT GROUNDS TO UPHOLD THE DESIGNATION OF THIS PARTICULAR PROPERTY AS AN INDIVIDUAL CRIMINAL PROPERTY.
IS THERE ANYBODY WHO'D LIKE TO SPEAK AGAINST THE MOTION? I WOULD.
SO, IN AS MUCH AS, UM, THESE PROPERTIES ARE NOW, UH, BEING TREATED AS SEPARATE, IT'S VERY INTERESTING THAT THROUGHOUT THE ENTIRE, UM, TESTIMONY, THE WORD PHASES WAS USED.
AND IN MR. SINGAPORE'S FINAL CLOSING ARGUMENT, HE TOOK THE WORD PHASES OUT AND MADE USED THE WORD PARCELS.
SO HE CONVENIENTLY CHANGED THE COURSE OF THE CONVERSATION.
UM, AND WITHOUT HAVING FENCING SEPARATING, WITHOUT HAVING ANYTHING TO CREATE FOUR SEPARATE, UM, UH, PLACES, UM, WE REALLY CAN'T DEFINITIVELY SAY A HUNDRED PERCENT, WELL, NO ONE'S GONNA DO ANYTHING AT PHASE TWO.
IT'S ALL GONNA BE AT PHASE ONE WHEN MOST OF THE CRIMES ARE HAPPENING IN THE AFTERNOON AND LATE NIGHT.
YOU KNOW, WHEN THE LIGHTS GO DOWN, THINGS HAPPEN.
AND IT'S HARD TO SAY EXACTLY WHERE IT'S GONNA HAPPEN IN THE FUTURE.
NONE OF US HAVE A CRYSTAL BALL.
SO I THINK THAT IN ORDER TO MAKE THIS PROPERTY SAFE IN AS MUCH AS THEY WANT TO TREAT THIS AS FOUR SEPARATE PARCELS, AND I GET IT, WE NEED TO LOOK AT THE AGGREGATE TO MAKE SURE THAT PEOPLE IN PHASE TWO, THREE AND FOUR ARE SAFE.
UM, IS THERE ANYBODY ELSE WHO'D LIKE TO SPEAK IN FAVOR OF THE MOTION? THIS IS THE MOTION TO OVERTURN THE FINDING WITH RESPECT TO PHASE TWO, WHICH IS THE KIT LANE PROPERTY.
UM, I WOULD LIKE TO POINT OUT, UM, IN FAVOR OF THE MOTION AND TO ALSO ADDRESS WHAT MR. QUT HAS BROUGHT UP, THAT IF YOU LOOK AT THE EVIDENCE, UM, THERE IS A GOOGLE MAPS VIEW OF THE PROPERTIES AND, UM, IT ACTUALLY APPEARS THAT THERE ARE NUMEROUS APARTMENT COMPLEXES NOT IN QUESTION TODAY, IN THE MIDDLE OF THESE PHASES.
AND SO WHILE ON THE ONE MAP OR A COUPLE OF THE MAPS THAT HAVE BEEN PRESENTED, IT LOOKS LIKE THEY'RE ALL TOGETHER.
MR. QUINT, THEY ARE SEPARATED BY OTHER APARTMENT COMPLEXES AND BUSINESSES, UM, IN THIS LARGE AREA OF THE CITY.
SO IT'S ALMOST ESSENTIALLY LIKE A SMALL CITY SEPARATING PHASE TWO FROM PHASE ONE.
SO I DON'T THINK IT WOULD MATTER ABOUT FENCING.
SO I, AGAIN, I THINK THAT'S ALL EVIDENCE IN FAVOR OF OVERTURNING THE H C P DESIGN DESIGNATION FOR LIN.
UM, I'LL, I'LL SPEAK ON THE MOTION TO POINT OUT, UH, JUST A COUPLE OF THINGS.
NUMBER ONE, WE, WE, WE DO HAVE AN OPINION THAT THESE SHOULD BE TREATED, UH, SEPARATELY.
[04:30:01]
YOU KNOW, I MEAN, WE'VE STILL HEARD EVIDENCE TODAY, SO WE COULD STILL GO EITHER WAY ON, ON EACH OF THESE.UM, BUT I, I DO THINK THAT IT'S RELEVANT THAT THE CITY LISTED FOUR PROPERTIES ON THE LETTER THAT DEC AD CONSIDERS THESE FOUR SEPARATE PROPERTIES, THAT THERE ARE FOUR SEPARATE COS.
UM, AND THAT EVEN AFTER MAKING THE, THE FINAL DETERMINATION, THE CITY SENT FOUR SEPARATE INVOICES, LISTING, UH, FOUR DIFFERENT ADDRESSES, UH, FOR THE, UH, FOR THE, THE PENALTY OF THE DEFINED FOR THE H C P DESIGNATION.
AND THEN I, I AGREE THAT LOOKING AT THE MAP, YOU KNOW, AND ESPECIALLY THE SATELLITE VIEW, WHICH IS ON PAGE, UH, 5 72 OF THE CITY'S EXHIBIT, IT BECOMES VERY CLEAR TO ME THAT THESE PROPERTIES ARE REALLY RELATED ONLY BY COMMON OWNERSHIP.
UM, THEY DON'T APPEAR TO BE SIMILAR IN ARCHITECTURE OR STYLE OR, UH, ANYTHING ELSE.
AND, UH, WHILE THERE'RE, I I DON'T KNOW WHETHER THERE ARE ANY FENCES IN BETWEEN THEM, I ACTUALLY ASSUME THAT THERE ARE MULTIPLE FENCES IN BETWEEN THEM BECAUSE, YOU KNOW, BETWEEN LIKE PHASE ONE AND PHASE FOUR, IT LOOKS LIKE THERE'S PROBABLY A QUARTER OF A MILE AND AT LEAST FOUR, UH, DIFFERENT, UM, A APART, UH, ENTIRELY UNRELATED APARTMENT COMPLEXES.
SO, UM, I BELIEVE THAT THE TESTIMONY, UH, FROM, UH, THE, UH, THE DETECTIVE WAS THAT THERE IS EVIDENCE OF FIVE AVAILABLE OFFENSES WITH RESPECT TO PHASE ONE, BUT THERE WAS NOT WITH RESPECT TO THE OTHER PHASES THAT THEY WERE, UM, TREATED SEPARATELY.
SO I WOULD BE VOTING IN FAVOR OF THE MOTION.
UH, IS THERE ANYBODY WHO'D LIKE TO SPEAK AGAINST THE MOTION? ANYBODY ELSE? OKAY, ANYBODY ELSE WHO WOULD LIKE TO SPEAK IN FAVOR OF THE MOTION? ALRIGHT, UH, THEN WE, IF THERE'S NO FURTHER DISCUSSION, WE WILL VOTE.
AND THE VOTE IS ON THE MOTION TO REVERSE THE DECISION OF THE CHIEF OF POLICE REGARDING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY FOR THE PROPERTY KNOWN AS PHASE TWO, LOCATED AT 1 3 5 5 5 HIT LANE.
ALL THOSE IN FAVOR OF REVERSING THE DECISION OF THE CHIEF OF POLICE, SAY AYE.
ALL THOSE OPPOSED SAY NAYYY NAYYY? UH, WE HAVE, UH, LET'S SEE, MR. QUINT VOTING AGAINST SNICK, CHIN HAYES, TORRES, WILLIS, AND AYALA, UH, VOTING IN FAVOR, UM, ALRIGHT, ONTO THE PROPERTY KNOWN AS PHASE 3 1 3, 3 5, 3.
EMILY ROAD, UH, IS THERE A MOTION REGARDING THE FINAL DETERMINATION OF THE HABITUAL CRIMINAL PROPERTY FOR THE PROPERTY KNOWN AS PHASE THREE AT 1 3, 3, 5, 3? EMILY ROAD? DON'T BE SHY OR AGAINST, I MOVE THAT WE OVERTURN THE CHIEF OF POLICE DETERMINATION ON THAT PROPERTY AS WELL, THE ADDRESS, WHICH I DON'T HAVE IN MY HEAD.
WILL YOU REPEAT IT PLEASE? UH, MR. HAYES, UH, IS MOVING TO, UH, REVERSE THE DECISION OF THE CHIEF OF POLICE REGARDING THE FINAL DETERMINATION OF THE HABITUAL CRIMINAL PROPERTY FOR PHASE 3 1, 3, 3, 5, 3 EMILY WARE? THAT'S CORRECT.
IS THERE A SECOND? I SECOND IT.
UH, IS THERE ANY DISCUSSION? WOULD YOU LIKE TO SPEAK IN FAVOR? ANYBODY WOULD LIKE TO FEE SPEAK IN FAVOR OF MOTION? ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? ANYBODY WHO WOULD LIKE TO SPEAK ON THE MOTION? UH, ALL THOSE IN FAVOR OF REVERSING THE DECISION OF THE CHIEF OF POLICE REGARDING THE FINAL DETERMINATION OF THE HABITUAL CRIMINAL PROPERTY FOR PHASE THREE LOCATED AT 1 3, 3 5, 3, EMILY ROAD.
UH, ALL THOSE IN FAVOR SAY AYE.
UH, WE HAVE AYALA, WILLIS, FOREZ, HAYES, SHIN AND SNICK VOTING
[04:35:01]
AYE.IS THERE A MOTION FROM THE BOARD REGARDING THE CHIEF'S DETERMINATION REGARDING, UH, FOR THE CHIEF'S NOTICE REGARDING THE FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY FOR THE PROPERTY KNOWN AS PHASE FOUR, LOCATED AT 1 3 3 5 4 EMILY ROAD? MAKE A MOTION IF YOU'VE ALREADY MADE A MOTION, I MOVE TO OVERTURN THE DESIGNATION OF AN H C P AT 1 3 3 5 4 EMORY ROAD.
UH, THERE'S A MOTION BY MS. SHIN TO OVERTURN THE CHIEF OF POLICE DECISION REGARDING THE FINAL DETERMINATION OF THE HABITUAL CRIMINAL PROPERTY FOR 1 3 3 5, 4 EMILY ROAD, ALSO KNOWN AS PHASE FOUR BEFORE SECOND, SECOND, SECOND BY MR. A SHIN.
WOULD YOU LIKE TO SPEAK IN FAVOR OF YOUR MOTION? I, IT'S THE SAME REASONS AS PHASE TWO AND PHASE THREE.
UM, THEY'RE DIFFERENT PARCELS.
THE AMOUNT OF CRIME IS NOT THE SAME AS THE ESPANZA PROPERTY AND, UM, I DON'T BELIEVE THE CITY HAS MET THE
MS. HAYES, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK? APOLOGIES.
UM, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOVE? I, I WOULD.
SO, UM, I, I HAVE A POINT OF ORDER THAT I WOULD LIKE A QUESTION ASKED BEFORE I SPEAK.
UM, WHEN POLICE REPORTS ARE MADE, IS THERE FOUR SEPARATE ADDRESSES FOR THE POLICE TO USE FOR REPORTS OR DO THEY JUST USE ESPERANZA? UM, I DON'T THINK THAT THAT IS APPROPRIATE FOR A POINT OF ORDER.
UH, AND, UH, BUT I, I WILL POINT OUT THAT THE QUESTIONING OF WITNESSES IS CLOSED, SO I DON'T HAVE A WAY OF GETTING AN ANSWER FOR THAT.
I, I, I UNDERSTAND THAT, AND THAT'S WHY I WAS, UH, ASKING IS BECAUSE, UM, IN THE EARLY TESTIMONY, MR. CRAVENS VERY SUCCINCTLY SAID THE BIGGEST AREA OF CRIME IS AT THE BACK OF THE COMPLEX BY PHASE FOUR.
SO THAT'S WHY I WAS ASKING THE, THE QUESTION OF, WELL, IF WE HAVE FOUR ADDRESSES MIGHT BE A DIFFERENT STORY.
THAT'S, THAT, THAT WAS JUST MY, MY THOUGHT OF THE, THE, THE APPELLATE SAID IT'S AT THE BACK, NOT THE FRONT IS WHERE THE PROBLEMS ARE.
IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK, UH, ON THE MOTION OR, YEAH, I THINK THAT'S A GREAT POINT.
AND IT MIGHT WARRANT SOME FURTHER LOOKING INTO BY THE POLICE DEPARTMENT, BUT HOWEVER, AT THIS POINT IN TIME, I, I THINK THAT THE EVIDENCE THAT'S BEEN PRESENTED, WE HAVE TO OVERTURN THE CHIEF'S DESIGNATION.
ANYBODY ELSE WHO'D LIKE TO SPEAK ON THE MOTION? WELL, I JUST HAD A, I GUESS ANOTHER POINT OF ORDER FOLLOWING UP WITH, UM, MR. QUINT, IS THERE ANY WAY TO GET IT ON THE RECORD WHY THE DESIGNATION HAS BEEN FOR SEPARATE PARCELS VERSUS THE ONE, UH, BY THE CITY ATTORNEY? YEAH.
THE, THE, UNFORTUNATELY WE CAN'T TAKE ANY MORE.
I, I MEAN, DO YOU MEAN FROM BOARD COUNCIL? YEAH, THE BOARD COUNCIL.
LIKE, WHY, WHY ARE WE INSTRUCTED TO TAKE THIS AS FOUR VERSUS ONE? BECAUSE I DO BELIEVE THE CITY HAS TREATED IT AS ONE THE ENTIRE TIME.
AND HAD THEY KNOWN IT WAS FOUR, THEY MAY HAVE ARGUED SEPARATELY DIFFERENTLY.
I'LL PULL UP THE, UH, STATUTE.
[04:40:14]
UH, TO ANSWER YOUR QUESTION, I'LL, I'LL READ FROM THE CITY CODE.UH, THE DEFINITION OF PREMISES OR PROPERTY MEANS A LOT PLOT OR PARCEL OF LAND, INCLUDING ANY STRUCTURES ON THE LAND.
UH, AND WE TOOK THAT BECAUSE IT'S DISCUSSING PARCELS OR, UM, PLOTS AND, AND THAT'S THE WAY THE, THE LETTERS WERE SENT.
SO, SO THE ANSWER TO YOUR QUESTION IS THESE ARE LEGALLY SEPARATE PARCELS.
SO EVEN THOUGH THE CITY, CITY PROSECUTORS DID NOT TREAT THEM THAT WAY, TREAT INCOME.
DID YOU WANT, UH, SO I THINK WE'VE ADDRESSED YOUR POINT OF ORDER.
DID YOU WANT TO SPEAK ON THE MOTION AS WELL? NO.
UM, IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK AGAINST FOR OR ON THE MOTION? I'D LIKE TO SPEAK FOR THE MOTION AND ALSO POINT OF, UM, OR BRING UP SOME, I GUESS THE WAY THE APPELLANT TESTIFIED, UM, REGARDING THE BACK OF THE PROPERTY BEING THE, UH, WHERE MOST OF THE CRIME WAS HAPPENING, THE PHOTO THAT THEY WERE REFERENCING.
AND THEIR EXHIBIT WAS ONLY FOR PHASE ONE.
SO IT WAS THE BACK OF PHASE ONE, NOT THE BACK OF PHASE FOUR.
I DON'T RECALL THE EXACT VERBIAGE THAT THEY USE AND IF THEY SAID PHASE FOUR, BUT THE PHOTOGRAPH OF THEIR PROPERTY THAT THEY WERE USING WAS ONLY A MAP OF PHASE ONE.
ANY OTHER DISCUSSION ON THE MOTION? UH, SEE NO FURTHER DISCUSSION.
WE WILL VOTE ON THE MOTION TO REVERSE THE DECISION OF THE CHIEF OF POLICE REGARDING THE FINAL DETERMINATION OF A HABITUAL CRIMINAL PROPERTY FOR 1 3, 3, 5, 4 EMILY ROAD, ALSO KNOWN AS PHASE FOUR.
ALL THOSE IN FAVOR OF REVERSING THE DECISION OF THE CHIEF OF POLICE SAY AYE.
THANK ALL THOSE OPPOSED SAY NAY.
NAYYY, WE HAVE ALA WILLIS, TORE HAYES SHINNICK VOTING.
QUINT VOTING, NAYYY HAVING, UH, ADDRESSED ALL OF THE PROPERTIES PRIOR TO CONCLUDING TODAY'S HEARING.
I WOULD LIKE TO RAISE A POINT OF PERSONAL PRIVILEGE.
UH, SOME OF YOU MAY OR MAY NOT BE AWARE THAT DONNA, WHO HAS BEEN OUR TRUSTED ADVISOR AND CONSULTANT AND COORDINATOR FOR MANY YEARS, FOR A YEAR LONGER THAN I HAVE BEEN HERE, UH, HAS RECEIVED A PROMOTION AND WILL NOW BE MANAGING ALL BOARDS AND COMMITTEES.
AND SO I WOULD LIKE TO TAKE THIS, UH, TIME TO EXTEND MY THANKS AND GRATITUDE ON BEHALF OF MYSELF AND THE BOARD AND CONGRATULATE YOU.
I KNOW THAT YOU WILL DO GREAT, AND I HOPE THAT, UH, ALL OF THE BOARDS AND UH, COMMITTEES BENEFIT FROM YOUR SKILL AND EXPERTISE AND GUIDANCE AS MUCH AS
AND WITH THAT, TODAY'S HEARING IS CONCLUDED AT 2 31.
UH, ALL THE BOARD MEMBERS WHO ARE ONLINE, UH, PLEASE MAKE SURE TO CHECK YOUR EMAIL FOR, UH, THE SIGNATURE REQUEST FOR THE FINDING.