Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript


RIGHT.

GOOD MORNING LADIES AND

[00:00:01]

GENTLEMEN.

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

IT IS NOW 8 44 ON THURSDAY, MARCH 7TH, 2024.

YOU HAVE PERFECT TIMING.

WE HAVE ONE HEARING ON TODAY'S AGENDA FOR RED MOUNTAIN ASSET FUND, ONE LLC APPEALING THE NOTICE OF FINAL DESIGNATION AS A HABITUAL CRIMINAL PROPERTY.

THIS ITEM WAS HELD UNDER ADVISEMENT BY THE PERMANENT AND LICENSE APPEAL BOARD ON FEBRUARY 15TH, 2024, AND IS NOW SCHEDULED FOR CONSIDERATION, UH, TODAY, MARCH 7TH, 2024.

AT THIS TIME, I WILL DO A ROLL CALL OF THE BOARD.

IF PRESENT, PLEASE SAY, HERE, I'M PRESENT.

UH, VICE CHAIR TORRES.

PRESENT, UH, MS. ARIANO.

MS. AYALA PRESENT.

MS. WILLIS? PRESENT.

MR. JEFFERSON? YES.

MR. ILLA? PRESENT.

MR. JEFFS.

MR. HAYES? PRESENT.

MR. QUINT? PRESENT.

MS. SHIN PRESENT.

MR. VERA? SO ABSENT FROM TODAY'S HEARING ARE ARE ANO JEFFERSON, JEFF, VERA.

WE HAVE A QUORUM.

AND THE MEETING IS NOW CALLED TO ORDER.

WILL OTHER PRESIDENT AT TODAY'S HEARING, PLEASE INTRODUCE YOURSELVES BEGINNING WITH THE BOARD'S GENERAL COUNSEL.

UH, MATTHEW SAP.

THANK YOU MR. SAP.

AND FROM THE CITY SECRETARY'S OFFICE.

MAYOR LAVA MARTINEZ.

THANK YOU ALL.

AND, UH, FOR THE APPELLANT, AUSTIN GILLAND, COUNSEL FOR THE APPELLANT.

AND WITH ME IS MY CLIENT, SHAUNA PANO.

ANDREW SKINNER, CITY CITIZENS.

SORRY, WE'RE GONNA HAVE TO FIGURE THIS OUT.

WE'RE HAVING A LITTLE BIT OF AN ECHO.

YEAH.

IF, IF MR. SKINNER, IF YOU OR MR. JENKINS, I SPEAK LIKE THIS.

IS THE VOLUME GOOD? CAN ANYONE HEAR ME? YES.

YOU'RE GOOD NOW.

OKAY.

THANK YOU.

UH, ANDREW SKINNER WITH THE CITY OF DALLAS CITY ATTORNEY'S OFFICE AND WITH ME IS A WITNESS, DETECTIVE JUAN HERNANDEZ WITH THE DALLAS POLICE DEPARTMENT.

DO YOU WANNA ADD JULIE SH ON, ON BEHALF OF THE CITY ATTORNEY'S OFFICE? THANK YOU ALL.

UH, THE FIRST ITEM IS PUBLIC TESTIMONY, HOWEVER, NO SPEAKERS HAVE REGISTERED TO ADDRESS THE BOARD.

AND THE NEXT ORDER OF BUSINESS IS APPROVAL OF THE MINUTES FROM FEBRUARY 15TH, 2024.

UH, ALL OF YOU SHOULD HAVE RECEIVED THE MINUTES.

UH, IS THERE A MOTION TO APPROVE THE MEETING MINUTES FROM FEBRUARY 15TH, 2024? I MOVE TO APPROVE THE MINUTES FROM FEBRUARY, 2015, 2024.

ALL RIGHT.

VICE CHAIR TORRES MOVES TO APPROVE THE MINUTES.

IS THERE A SECOND? SECOND.

UH, I'M SORRY, I WASN'T LOOKING.

WAS THAT MR. QUINT? YES, SIR.

ALL RIGHT.

IS THERE ANY DISCUSSION, UH, SEEING NO DISCUSSION? UH, ALL THOSE IN FAVOR OF THE MOTION TO APPROVE THE MINUTES FROM FEBRUARY 15TH, 2024? SAY, AYE.

AYE.

AYE.

ALL THOSE OPPOSED SAY NAY.

ALL RIGHT.

PASSES UNANIMOUSLY.

AND I WILL LET YOU SIGN THOSE SINCE YOU PROCEEDED.

UH, MM-HMM.

SINCE YOU, UH, PRESIDED OVER THAT MEETING.

ALL RIGHT.

THAT BRINGS US TO ITEM NUMBER THREE ON OUR AGENDA, WHICH IS THE APPEAL HEARING FOR RED MOUNTAIN ASSET FUND, ONE LLC, UH, APPEALING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY UNDER SECTION 27 DASH 51 OF THE DALLAS CITY CODE.

BURDEN OF PROOF IS ON THE APPELLANT AT THIS TIME.

WILL ALL

[00:05:01]

THE WITNESSES WHO WISH TO TESTIFY, PLEASE RAISE YOUR RIGHT HAND AND BE SWORN IN BY THE CITY SECRETARY'S OFFICE.

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

YOU, NANCY.

UM, ALRIGHT.

MR. GILLIAN, HOW MUCH TIME DO YOU ANTICIPATE NEEDING TO PRESENT YOUR CASE? APPROXIMATELY 30 MINUTES.

OKAY.

UM, AND MR. SKINNER WILL 30 MINUTES WORK FOR THE CITY? 30 MINUTES WILL WORK, YES.

ALL RIGHT.

YOU SHOULD GET 30 MINUTES.

UM, AND WE HAVE, UM, FOR THE APPELLANT, WE HAVE ONE EXHIBIT, LOOKS, LOOKS LIKE 119 PAGES.

IS THAT CORRECT? YES, SIR.

OKAY.

AND FOR THE CITY, MR. SKINNER, I HAVE, UH, TWO EXHIBITS, A FIVE PAGE LETTER, AND THEN, UH, A MUCH LONGER EXHIBIT.

IS THAT CORRECT FOR YOU GUYS? THAT IS CORRECT.

I'VE REVIEWED THEM, UH, THE LINKS THAT ARE AVAILABLE AND WE ARE GOOD THIS TIME.

YEP.

ALL RIGHT.

EXCELLENT.

OKAY, THEN WE HAVE ACCEPTED THOSE INTO EVIDENCE.

UM, MR. SAP, WOULD YOU PLEASE READ THE RELEVANT ORDINANCE? THANK YOU, CHAIRMAN.

THE RELEVANT ORDINANCE IS SECTION 27 48, THE PRESUMPTIONS FOR A HABIT HABITUAL CRIMINAL PROPERTY PROPERTY IS PRESUMED A HABITUAL CRIMINAL PROPERTY.

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

THANK YOU, MR. SAPP.

UM, MR. GILLIAN, WOULD YOU LIKE TO BEGIN WITH A BRIEF OPENING STATEMENT? YES.

ALRIGHT.

YOU'RE RECOGNIZED FOR 10 MINUTES.

GOOD MORNING EVERYONE, AND THANK YOU FOR TAKING THE TIME TO APPEAR AT THIS HEARING.

AS I MENTIONED EARLIER, I REPRESENT RED MOUNTAIN ASSET FUND, WHO IS THE PROPERTY OWNER OF THE PROPERTY AS THE SUBJECT OF THIS HABITUAL CRIMINAL PROPERTY DESIGNATION.

JUST TO BRIEFLY DISCUSS THE STATUTES, THIS STATUTE IS NOT NECESSARILY ONE OF SIMPLY CRIME.

UH, THIS IS A STATUTE, STATUTE THAT RELATES TO A OWNER'S NEGLIGENCE OR FAILURE TO ACCOUNT FOR CRIME AT A PROPERTY, OR BASICALLY TO PUT THEIR HEAD IN THE SAND AND PRETEND THAT THERE'S JUST NO CRIME AND NOT DO ANYTHING ABOUT IT.

THAT'S, THAT'S WHY WE SEE THE HCP DESIGNATION, THAT'S WHY THERE'S FINES RELATED, UH, WITH BEING DESIGNATED AS AN HCP PROPERTY.

AND THAT IS WHY THE QUESTION BEFORE US TODAY IS WHETHER THERE IS EVIDENCE THAT RED MOUNTAIN ASSET FUND KNOWINGLY TOLERATED CRIMINAL ACTIVITY BY FAILING TO TAKE REASONABLE STEPS.

AND OUR POSITION IS FIRMLY THAT THERE IS PLENTY OF EVIDENCE TO SHOW THAT RED MOUNTAIN ASSET FUND, THE PROPERTY OWNER, HAS BEEN WORKING DILIGENTLY TO OVERCOME THE CRIME ISSUES THAT ARE, THAT ARE AT THIS PROPERTY AND HAS BEEN DOING SO FOR YEARS.

UM, THE EVIDENCE WILL SHOW THAT OUR CLIENT EXPENDED SIGNIFICANT FUNDS TO THE TUNE OF A QUARTER OF A MILLION DOLLARS TO ABATE THIS CRIME.

AND I, I, I, I JUST, I CAN'T WRAP MY HEAD AROUND THE FACT THAT YOU EXPEND ALL THIS MONEY, YOU PROACTIVELY UP WITH THE DPD PROACTIVELY FOLLOW UP TO GET SECURITY FOR THE PROPERTY, HOST MONTHLY CRIME MEETINGS, AND THEN YOU'LL STILL BE PRESUMED TO, OR I APOLOGIZE, NOT PRESUMED, BUT THAT STILL ISN'T SUFFICIENT EVIDENCE THAT YOU KNOWINGLY TOLERATED CRIMINAL ACTIVITY.

THIS, THIS STATUTE IS A PRESUMPTION, IT'S A PRESUMPTION BASED ON CONDUCT THAT HAPPENED.

WE'RE NOT, WE'RE NOT DENYING THAT THERE WERE DEBATABLE CRIMINAL ACTIVITIES THAT HAPPENED AT THE PROPERTY.

THAT'S, THAT'S WHY WE GOT THE PRESUMPTION NOTICE.

BUT WHAT WE'RE, WHAT WE'RE ARGUING IS THIS IS A PRESUMPTION THAT WE OVERCOME BY SHOWING WE TOOK REASONABLE STEPS.

AND THAT'S, THAT'S THE FOCUS OF TODAY'S HEARING.

AND THANKFULLY, THE STATUTE ALSO OUTLINES SOME THINGS THAT ARE DEEMED REASONABLE AND THEY'RE NON EXHAUSTIVE.

IT, IT'S NOT, YOU KNOW, NECESSARILY THAT YOU HAVE TO COMPLY WITH EACH ONE OF THEM.

UM, BUT IT'S JUST A LIST THAT'S PROVIDED FOR IN SECTION 27 DASH 49 B ONE.

UH, AND IT'S, IT'S ESSENTIALLY CERTAIN MEASURES THAT HAVE BEEN DEEMED BY THE, THE, THE LEGISLATURES, THE WRITERS OF THE STATUTE TO BE REASONABLE STEPS.

SOMETHING THAT A PROPERTY OWNER

[00:10:01]

CAN LOOK TO WHEN THEY HAVE THE DPD SAYING, IF YOU DON'T DO ALL THESE STEPS, WE'LL DESIGNATE YOU.

THIS IS ESSENTIALLY SOMETHING THE PROPERTY OWNER CAN LOOK TO AS A FIRM, AS FIRM LAW AND SAY, IF I DO THESE THINGS, I'LL BE DEEMED TO HAVE TAKEN REASONABLE STEPS.

AND IT'S, IT'S ESSENTIALLY THE ONLY FIRM LAW THAT A PROPERTY OWNER HAS TO GO OFF OF TO AVOID BEING DESIGNATED AS AN HCP.

UM, AND SO I I ALSO BELIEVE THAT TODAY WE'LL PRESENT SUFFICIENT EVIDENCE THAT WE COMPLY WITH ALMOST EVERY ONE OF THESE SEVEN REASONABLE STEPS.

THANK YOU.

ALRIGHT.

THANK YOU.

UH, AND, UM, MR. JENKINS WILL BE SHARING HIS SCREEN, UH, FOR A POWERPOINT THAT GOES ALONG WITH MY OPENING AS WELL.

OKAY.

UH, MARIO, MAKE THAT WORK.

AND, UH, MR. SKINNER, YOU'RE RECOGNIZED FOR 10 MINUTES.

ALRIGHT, THANK YOU.

UH, GOOD MORNING, HONORABLE CHAIR AND MEMBERS OF THE PERMIT LICENSE APPEAL BOARD.

WE ARE HERE TODAY TO DISCUSS THE DALLAS POLICE DEPARTMENT'S DESIGNATION OF THE PROPERTY LOCATED AT 43 43 WEST CAMP WISDOM ROAD AS HABITUAL CRIMINAL PROPERTY, OR HCP AS WE WILL CALL IT.

UH, FIRST OF ALL, I WOULD JUST LIKE TO, UH, GO OVER THE ORDINANCE, UH, THE BASIC PROCESS OF DESIGNATING A PROPERTY AS A HABITUAL CRIMINAL PROPERTY.

WHEN THE DPD OR ANOTHER CITY DEPARTMENT BECOMES AWARE OF A PROPERTY THAT THEY BELIEVE EXPERIENCES HIGH CRIME, THE PROPERTY IS REFERRED TO THE NUISANCE ABATEMENT UNIT OF THE DPD.

THE DETECTIVES IN THIS DIVISION WILL THEN EVALUATE THE PROPERTY TO, TO DETERMINE IF IT IS PRESUMED TO BE AN HCP UNDER THE DALLAS CITY ORDINANCE, WHICH I'M GONNA REVIEW MOMENTARILY.

UH, IF THE ORDINANCE REQUIREMENTS ARE MET, THE CITY NOTIFIES THE OWNER IN A LETTER OUTLINING THE CRIMES THAT OCCURRED ON THE PROPERTY AND SETTING A DATE FOR A MEETING BETWEEN DPD AND THE OWNER.

AT THIS MEETING, THE OWNER MAY PRESENT EVIDENCE THAT REASONABLE CRIME PREVENTION MEASURES WERE IN PLACE DURING THE PERIOD THAT THE CRIMES OCCURRED.

THE CITY REVIEWS THE EVIDENCE AND THEN MAKES A FINAL DETERMINATION AS TO WHETHER TO DESIGNATE THE PROPERTY AS AN HCP OR NOT.

THIS PROPERTY WAS REFERRED FOR EVALUATION, AND ON SEPTEMBER 11TH, 2023, THE DPD SENT A LETTER NOTIFYING THE OWNER THAT IT WAS PRESUMED TO BE AN HCP AND A COURT MEETING OCCURRED ON OCTOBER 3RD, AND THE OWNER PRESENTED EVIDENCE, WHICH IS INCLUDED IN THE CITY'S EVIDENCE BINDER.

AND I BELIEVE, UH, APPELLANT'S EVIDENCE BINDER, UH, DPD DETERMINED THAT THE EVIDENCE DID NOT REBUT THE PRESUMPTIONS AND SENT A LETTER DESIGNATING THE PROPERTY HCP ON NOVEMBER 1ST.

SO, BEFORE OUTLINING THE CITY'S EVIDENCE THAT YOU'LL BE HEARING TODAY, I I WOULD LIKE TO BRIEFLY REVIEW THE RELEVANT ORDINANCE.

UH, DON'T WANT TO BELABOR THE POINT, BUT I, I THINK THIS WILL BE HELPFUL.

UH, SO SECTION 27 DASH 51 C STATES THAT THE PERMIT LICENSE APPEAL BOARD IS LIMITED TO THE ISSUES OF WHETHER THE PRESUMPTIONS IN SECTION 27 DASH 48 ARE SATISFIED.

UH, WHEN LOOKING AT 27 DASH 48, YOU WILL SEE THAT THERE ARE ESSENTIALLY TWO PRESUMPTIONS.

UH, THE FIRST IS REGARDING THE PROPERTY.

A PROPERTY IS PRESUMED TO BE A HABITUAL CRIMINAL PROPERTY IF FIVE OR MORE AVAILABLE CRIMES OCCUR ON THE PROPERTY IN A 365 DAY PERIOD, AND THAT THERE IS A HISTORY OF AAT CRIME AT THE PROPERTY.

THE SECOND PRESUMPTION REGARDS THE OWNER, UH, THAT'S WHAT, UH, MY OPPOSING COUNSEL WAS, WAS REFERRING TO, AND THAT IT, THAT AN OWNER IS PRESUMED TO HAVE KNOWINGLY TOLERATED THE AVAILABLE CRIMINAL ACTIVITY BY FAILING TO TAKE REASONABLE STEPS TO ABATE THE CRIMINAL ACTIVITY.

THE ACCORD MEETING IS THE OPPORTUNITY FOR THE OWNER TO PRESENT THE EVIDENCE OF THE REASONABLE STEPS THEY HAVE TAKEN.

SO IN DETERMINING THESE TWO PRESUMPTIONS, THE BOARD REALLY ONLY NEEDS TO ANSWER THREE QUESTIONS.

DID FIVE OR MORE DEBATABLE CRIMES OCCUR AT THE PROPERTY IN A 365 DAY PERIOD? IS THERE A HISTORY OF DEBATABLE CRIME AT THE PROPERTY? AND DID THE OWNER FAIL TO IMPLEMENT THE REASONABLE CRIME PREVENTION MEASURES, WHICH ARE THE ONLY QUESTIONS BEFORE US TODAY? AND, AND I'LL COME BACK TO THEM, UH, AS WE, AS WE COVER THEM.

UH, THE OWNER MAY ARGUE THAT THE HCP DESIGNATION IS INAPPROPRIATE BECAUSE OF THE MEASURES THAT THEY IMPLEMENTED AFTER THE HCP PERIOD.

THE ORDINANCE ADDRESSES THIS SITUATION IN 27 DASH 50, WHICH STATES THAT THE DPD MAY AT ANY TIME DETERMINE THAT THE PRESUMPTIONS UNDER SECTION 27 DASH 48 ARE NO LONGER SATISFIED.

ONCE A PROPERTY OWNER BELIEVES THAT ALL REASONABLE CRIME PREVENTION MEASURES HAVE BEEN IMPLEMENTED, THE DPD MAY BE CALLED OUT TO REEVALUATE AND REMOVE THE DESIGNATION.

IF, IF THE PRESUMPTION HAS BEEN REBUTTED.

UH, HOWEVER, THE ACTIONS TAKEN AFTER THE HCP PERIOD SHOULD HAVE NO BEARING ON THE HCP DESIGNATION.

THE PURPOSE OF THIS ORDINANCE IS NOT TO ASSESS A PROPERTY OWNER'S RESPONSIVENESS TO A CITY REQUEST, BUT RATHER TO ENSURE THAT PROPERTY OWNERS ON THEIR OWN INITIATIVE PROACTIVELY TAKE REASONABLE STEPS TO PREVENT CRIMINAL ACTIVITY.

UH, IN CONCLUSION, I, I'LL RETURN TO THE THREE QUESTIONS BEFORE.

OKAY.

UH, WELL, IN, IN CONCLUSION, I'M GONNA RETURN TO THE THREE QUESTIONS BEFORE THE BOARD TODAY AND, AND, UH, GIVE YOU AN IDEA OF THE EVIDENCE THAT WILL DETERMINE IF THE TWO PRESUMPTIONS HAVE BEEN SATISFIED.

UH, THE FIRST QUESTION, DID FIVE OR MORE AAT CRIMES OCCUR

[00:15:01]

DURING ONE YEAR PRIOR TO THE CITY'S HCP DESIGNATION? UH, THE EVIDENCE WILL SHOW THAT NINE AAT CRIMES OCCURRED, UH, DURING THIS PERIOD ON THE PROPERTY.

UH, QUESTION TWO, IS THERE A HISTORY OF DEBATABLE CRIME AT THE PROPERTY? THE EVIDENCE WILL SHOW THAT 37 DEBATABLE CRIMES OCCURRED IN THE PREVIOUS FIVE YEARS, UH, INCLUDING THE HCP PERIOD.

AND FINALLY, DID THE OWNER FAIL TO IMPLEMENT REASONABLE CRIME PREVENTION MEASURES ON THE PROPERTY? THE EVIDENCE WILL SHOW THAT ALTHOUGH THE PROPERTY OWNER HAS IMPLEMENTED CERTAIN MEASURES, UH, THE PROPERTY OWNER WAS INFORMED OF, UH, THE CITY'S SUGGESTED REASONABLE CRIME PREVENTION MEASURES LONG BEFORE THE HCP PERIOD, AND STILL TO THIS DAY, HAS FAILED TO IMPLEMENT, UH, MANY OF THOSE, UH, CRUCIAL CRIME PREVENTION MEASURES THAT THE CITY'S RECOMMENDED.

AND ONCE THE CITY ESTABLISHES THE ABOVE FACTS, WE RESPECTFULLY REQUEST THAT THE BOARD AFFIRM THE DALLAS POLICE DEPARTMENT'S DESIGNATION OF THIS PROPERTY AS A HABITUAL CRIMINAL PROPERTY.

THANK YOU.

ALL RIGHT.

THANK YOU MR. SKINNER.

AND WE ARE NOW READY TO, UH, BEGIN.

UH, MR. GILLIAN, YOU HAVE, UH, 30 MINUTES, AND I JUST WANT TO REMIND YOU THAT YOUR 30 MINUTES INCLUDES THE TIME THAT YOU WILL SPEND, IF ANY, UH, QUESTIONING THE CITY'S WITNESSES, BUT IT DOES NOT INCLUDE ANY TIME OR QUESTIONS OF YOUR WITNESSES.

SO, OKAY.

UM, ALL RIGHT, PROCEED.

SO, WE WOULD JUST LIKE TO WALK THROUGH THE MEASURES THAT OUR CLIENT HAS TAKEN, UM, PRIOR TO THE DATE OF THE PRESUMPTION NOTICE, WHICH AS, UH, MR. SKINNER MENTIONED WAS SEPTEMBER 11TH, 2023, UM, BEGINNING WITH WHAT IS, UH, WHAT IS EXHIBIT THREE AND EXHIBIT 13 OF THE EVIDENCE THAT WE SUBMITTED.

UM, THIS IS AN EMAIL CHAIN FROM OUR CLIENT REQUESTING OFF-DUTY PD OFFICERS, UH, FOR THE PROPERTY.

UH, IT'S SOMETHING THAT OUR, THAT OUR CLIENT HAS BEEN DOING FOR WELL BEFORE THE, UH, THE PRESUMPTION NOTICE.

UH, IT ACTUALLY BEGAN IN ON JUNE 21ST, 2022.

UH, AND AS, AND AS YOU'LL SEE IN THE CORRESPONDENCE, OUR CLIENT HAS CONTINUALLY FOLLOWED UP, UH, AND REQUESTED ADDITIONAL OFF-DUTY PD, UH, TO BE PRESENT AT THE PROPERTY.

UH, BUT OF COURSE, THAT IS SUBJECT TO THE AVAILABILITY OF OFF-DUTY PD OFFICERS.

UM, AND IN ADDITION TO THAT, AND, AND AS, AS, UH, SHAUNA CAN, CAN TESTIFY TO, IT CAN BE DIFFICULT TO GET THESE OFFICERS TO, UH, WORK FOR A LONG PERIOD OF TIME AT THE PROPERTY.

SO BETWEEN OFFICERS, THERE'S, THERE'S QUITE A BIT OF, OF TURNOVER AS TO WHICH OFFICER MAY BE PRESENT AT THE PROPERTY.

UH, BUT NONETHELESS, AS, AS YOU'VE SEEN THROUGH THESE CORRESPONDENCES, OUR CLIENT HAS FOLLOWED UP NUMEROUS TIMES TO GET THIS JOB POSTING, UH, BACKUP ON THE DPDS WEBSITE, UH, TO GET OFF-DUTY, UM, OFF-DUTY OFFICERS AT THE PROPERTY.

UM, AND IN, IN ADDITION TO THAT, UM, OUR CLIENT HAS BEEN EMAILING WITH THE DPD TO TRY AND GET A SKYTOWER, UH, FOR THE PROPERTY.

AND, AND THAT'S LISTED ON EXHIBIT FOUR, AND THAT COMMUNICATION BEGINS AGAIN, JUNE 22ND, 2022, UH, WELL BEFORE THE PRESUMPTION NOTICE.

UM, AND EVENTUALLY OUR CLIENT, UH, AFTER BEING ON A LIST FOR A LONG TIME, WAITING TO TRY TO GET THIS SKY CAMERA, UM, OUR CLIENT EVENTUALLY JUST WENT OUT AND GOT ONE, UH, ON, ON THEIR OWN ACCORD, PURCHASED A, OR NOT PURCHASED, BUT, UH, EXECUTED A CONTRACT TO GET A SKYCAM PROVIDED BY A THIRD PARTY SERVICE, NOT BY THE DPD, UH, FOR THE SOLE REASON THAT, UH, SHAUNA HAD BEEN FOLLOWING UP, WAS ON THIS LIST AND WAS NOT GETTING THE SKYCAM, UM, THAT, THAT, THAT THE PROPERTY NEEDED, THAT SHE'D WANTED FOR THE PROPERTY.

UM, AND THAT, THAT WENT INTO EFFECT IN OCTOBER.

UH, SO OF COURSE IT WAS, IT WAS AFTER THE, THE DESIGNATION WHERE WE ACTUALLY ACQUI GOT THIS SKYCAM.

BUT PRIOR TO THAT DATE, PRIOR TO HAVING THAT SKYCAM UP, OUR CLIENT HAD BEEN FOLLOWING UP TO TRY TO GET A SKYCAM FROM THE DPD, UM, SINCE JUNE OF 2022, UH, AND HAD BEEN PROACTIVE IN DOING SO, UH, MAINLY BECAUSE AS, AS MY OPPOSING COUNSEL, I'M, I'M CERTAIN WE'LL TOUCH ON, UH, AS A PORTION OF THE PROPERTY, UM, HAS HIGHER CRIME.

AND THIS SKYCAM IS AS IT'S PLACED NOW, AND IT'S, IT'S IN, UH, IN OPPOSING COUNSEL'S EXHIBITS AS WELL, A PICTURE OF THE SKYCAM, UH, THAT SHOWS ITS LOCATION AND IT'S, IT'S LOCATED FOR THE SOLE REASON TO BE ABLE TO SHOW A PORTION OF THE PROPERTY THAT IS NOT ON OTHER SURVEILLANCE CAMERAS THAT ARE AT THE PROPERTY.

UH, SO IT'S SORT OF, UH, IT, ITS FUNCTION IS TO

[00:20:01]

PROVIDE MONITORING 24 7, UM, FOR THE WHOLE OF THE PROPERTY THAT IS NOT COVERED BY TWO OTHER CAMERAS THAT ARE ON THE PROPERTY.

AND THEN OUR EXHIBIT FIVE, I REFERENCED THE OFF-DUTY PD, BUT EXHIBIT FIVE SHOWS A PAYMENT LEDGER, UH, THAT BEGINS AUGUST 17TH, 2022, ABOUT A YEAR, UH, BEFORE THE PRESUMPTION NOTICE.

AND ESSENTIALLY EACH MONTH THEREAFTER, UH, SHOWING PAYMENT FOR OFF-DUTY PD TO BE PRESENT AT THE PROPERTY.

UH, TYPICALLY THEY'LL BE PRESENT AT THE PROPERTY FOR, UH, YOU KNOW, BETWEEN 15 AND 20 HOURS.

AND IN ADDITION TO THAT, UH, OUR CLIENT HAS HIRED A PRIVATE SECURITY SERVICE TO ALSO BE PRESENT AT THE PROPERTY, UH, DURING THE TIMES THAT THE, DURING THE TIMES THAT THE OFF-DUTY PD OFFICERS CANNOT BE PRESENT, UH, AND ALSO TO ACCOUNT FOR THE FACT THAT THE OFF-DUTY PD OFFICERS OFTEN CAN'T WORK, UH, YOU KNOW, 40 HOURS A WEEK AT THE PROPERTY.

OBVIOUSLY, THEY HAVE, UM, THEY HAVE JOBS THAT THEY NEED TO, TO GET TO AS WELL.

SO, UH, THE PRIVATE SECURITY SERVICE IS MEANT TO ESSENTIALLY FILL THAT, FILL THAT GAP, UM, AND THAT'S DEMONSTRATED ON THE, ON THE PAYMENT LEDGER.

UM, AND IT, IT, AS YOU, YOU SEE IT, IT RUNS FOR, UH, WEEKS.

AND THESE, UH, THESE OFFICERS ARE TYPICALLY PAID ABOUT $60 AN HOUR.

UH, AND SO MONTH BY MONTH, OUR CLIENT HAS BEEN PAYING BOTH OFF-DUTY, PD AND PRIVATE SECURITY TO BE PRESENT AT THE PROPERTY.

AND THE COST OF THIS ALONE, UH, JUST THESE, JUST THESE PAYMENTS, UM, BETWEEN THE DATES OF DECEMBER 30TH, 2021 AND SEPTEMBER 25TH, 2023.

SO, UH, ESSENTIALLY THE, THE TWO WEEKS AFTER THE DATE OF THE PRESUMPTION NOTICE THESE PAYMENTS TOTAL $217,663 AND 50 CENTS THAT OUR CLIENT HAS PAID TO PRIVATE SECURITY AND OFF-DUTY PD, UH, WHO ARE TYPICALLY PRESENT AT THE PROPERTY, UH, FOR AROUND 50 TO 64 HOURS PER WEEK.

NEXT IS WE HAVE EXHIBIT SIX, AND THIS IS A PAYMENT FOR A FENCE INSTALLATION.

UH, OUR CLIENT INSTALLED A BARBED WIRE FENCE IN 2021.

UM, AND IN ADDITION, IN SEPTEMBER OF 2022, UH, THE AMOUNT OF THE FENCE INSTALL, AS YOU SEE, WAS, UH, NEARLY $11,000.

IT WAS ABOUT TEN NINE FORTY FIVE.

IN ADDITION, UH, THERE WAS A BENCH THAT, UH, PEOPLE WERE, WERE LOITERING AT THE PROPERTY.

UH, AND SO OUR CLIENT TOOK PROACTIVE STEPS BY PAYING TO HAVE THE BENCH REMOVED.

UM, AND SO ON EPT ON SEPTEMBER 30TH, 2022, SO ABOUT A YEAR BEFORE THIS DESIGNATION, UH, THEY PAID TO HAVE THE ORDERING BENCH REMOVED.

UH, THE COST OF THAT WAS ABOUT $7,500.

UH, AND THEN OF COURSE, THERE ARE BEFORE AND AFTER PICTURES.

UH, ONE PICTURE SHOWS, UH, IT LOOKS LIKE A, A WOMAN AND A MAN WHO ARE SITTING ON THIS, ON THIS BENCH.

AND AS YOU CAN SEE IN THE AFTER PICTURES, UH, IT'S THE, THE COBALT REAL ESTATE MAINTENANCE.

THERE'S NO LONGER ANY BENCH FOR PEOPLE TO SIT AND LOITER.

UH, SO JUST ANOTHER PROACTIVE STEP TAKEN BY, BY OUR CLIENT BEFORE THE DATE OF THIS PRESUMPTION.

NOTICE WE MOVE TO EXHIBIT EIGHT.

YOU'LL SEE A CAMERA INSTALLATION INVOICE.

THE INVOICE IS DATED JANUARY 19TH, 2023.

SO ABOUT EIGHT MONTHS BEFORE THE DATE OF THE PRESUMPTION NOTICE, OR I APOLOGIZE, IT IS A LIGHTING ENHANCEMENT INVOICE FOR THE EXTERIOR, UH, EXTERIOR OF THE PROPERTY TO ELIMINATE DARK SPOTS.

AND SO THAT THE CAMERAS THAT WILL SOON BE PLACED AT THE PROPERTY AND THE SKY CAM CAN, CAN SEE BETTER, UH, TO GET BETTER RESOLUTION.

NOW, IF WE MOVE TO EXHIBIT NINE, IS THE CAMERA INSTALLATION CONTRACT.

AND ALSO, AND, AND TANDEM WITH THAT IS THE CAMERA MONITORING CONTRACT.

UH, AND SO THE CAMERAS WENT UP IN SEPTEMBER OF 2023, UH, THE SAME MONTH OF THE PRESUMPTION NOTICE, HOWEVER, OUR CLIENT HAD ALREADY EXECUTED CONTRACTS TO INSTALL AND IMPLEMENT THESE, THESE CAMERAS, UM, IN AUGUST.

SO THE MONTH PRIOR TO GETTING THIS PRESUMPTION NOTICE, OUR CLIENT HAD EXECUTED CONTRACTS.

UH, THE, UH, THE CAMERA INSTALLATION CONTRACT IS ABOUT $3,000.

[00:25:07]

IF WE MOVE TO WHAT IS MARKED AS OUR EXHIBIT 10.

UH, THIS IS CORRESPONDENCE FROM OUR CLIENT, UH, DATED SEPTEMBER 5TH.

SO AGAIN, BEFORE THE NOTICE, UH, REGARDING A KEYPAD INSTALLATION FOR ONE OF THE SUITES AT THE PROPERTY JUST ENHANCED, UH, ENHANCED SECURITY FOR, UH, FOR ONE OF THE, UH, FOR ONE OF THE PROPERTIES FOR ONE OF THE TENANTS.

AND IN ADDITION, WE HAVE, UH, EXHIBIT 10 DASH ONE, AND THAT IS CORRESPONDENCE RELATING TO THE ORDER OF FURNITURE FOR A POLICE REST AREA, AN AREA FOR THE PRIVATE SECURITY AND OFF-DUTY PD, UH, FOR THEM TO BE ABLE TO RELAX, UM, TAKE A MINUTE, GET COFFEE, THINGS LIKE THAT.

UM, AND THE FURNITURE TOTALED ABOUT $4,700.

UM, BUT OF COURSE, OUR, OUR CLIENT HAS PROACTIVELY, UH, TAKEN THESE STEPS.

THEY WANT THE OFF-DUTY PD, UH, TO BE COMFORTABLE.

UM, I, I BELIEVE THE INTENTION WAS, UH, TO HOPEFULLY HAVE A MORE COMFORTABLE ENVIRONMENT SO THAT WE HAD LESS TURNOVER WITH RESPECT TO OFF-DUTY PD OFFICERS, AS I MENTIONED, IT'S, IT'S DIFFICULT TO GET THEM, UH, WORKING FOR, UH, A LONG PERIOD OF TIME AT THE PROPERTY FOR LONGER THAN A WEEK OR SO.

UM, SO THIS WAS JUST ANOTHER STEP THAT OUR CLIENT TOOK, UM, IN THE HOPES TO, UH, TO BE ABLE TO GET MORE OFF-DUTY, PD, UM, AND, YOU KNOW, PERHAPS LESS TURNOVER OFFICER TO OFFICER.

AND SO, JUST THESE EXPENSES ALONE, UH, THAT I'VE DISCUSSED, THEY TOTAL $253,118 AND 19 CENTS.

SO APPROXIMATELY A QUARTER MILLION DOLLARS THAT OUR CLIENT HAS SPENT.

UH, AND OF COURSE, THESE EXPENSES DATE BACK TO, UH, DECEMBER OF, OF 2021, WITH RESPECT TO THE HIRING OF OFF DUTY, PD AND, UH, AND, AND PRIVATE SECURITY.

SO THIS IS CERTAINLY NOT SOMETHING OUR CLIENT HAS, HAS TAKEN LIGHTLY, UH, AND, YOU KNOW, HAS, HAS, UH, HAS PUT FORTH SIGNIFICANT, SIGNIFICANT EXPENSE, UH, TO ENSURE THAT THE PROPERTY IS AS SAFE AS POSSIBLE.

AND I'D LIKE TO TURN AS WELL TO, UH, THESE, THESE STEPS THAT ARE DEEMED REASONABLE BY THE ORDINANCE.

UH, AND AGAIN, THIS IS SECTION 27, 49 B ONE.

UM, THE FIRST ONE IS THAT THE OWNER HAS IMPLEMENTED CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN PRINCIPLES AT THE PROPERTY.

THIS ONE, OUR CLIENT HAS NOT DONE FOR THE SOLE REASON THAT OUR CLIENT PURCHASED THE PROPERTY WHEN IT WAS ALREADY, IT WAS ALREADY IMPROVED.

IT, IT HAD A STANDING STRUCTURE.

UM, SO OUR CLIENT DIDN'T PARTICIPATE IN THE DESIGN OF THE PROPERTY.

UM, THEY SIMPLY PURCHASED THE PROPERTY.

NUMBER TWO IS WHETHER THE OWNER HAS IMPLEMENTED MONITORING AND SURVEILLANCE SYSTEMS AT THE PROPERTY.

AND AS I DISCUSSED, WE HAD A, A CAMERA MONITORING CONTRACT EXECUTED IN AUGUST OF 2023.

WE HAVE TWO CAMERAS AT THE PROPERTY IN ADDITION TO A SKYCAM THAT OUR CLIENT HAS BEEN FOLLOWING UP ON, UM, SINCE 2022.

AND THEN EVENTUALLY, UH, BECAUSE WE WERE TIRED OF BEING ON A WAITING LIST, UH, WE SIMPLY GOT OUR OWN.

UH, SO THERE'S, THERE ARE, UH, THERE'S A SKYCAM AND TWO SEPARATE OTHER CAMERAS TO MONITOR ESSENTIALLY THE ENTIRETY OF THE PROPERTY OWNER HAS.

NUMBER THREE IS THE OWNER IS IN COMPLIANCE WITH THE REGULATIONS GOVERNING THE OWNER'S BUSINESS.

THAT'S TRUE.

YOU KNOW, THIS IS WHAT OUR OWNER, OR OUR, OUR CLIENT DOES.

THEY OPERATE, UM, OPERATE COMMERCIAL PROPERTIES, AND THEY, THEY TAKE THEIR BUSINESS VERY SERIOUSLY.

AND SO THEY ARE IN COMPLIANCE WITH REGULATIONS GOVERNING THEIR BUSINESS.

UH, THERE WAS ONE, UH, A FIRE CODE ISSUE IN 2019, WHICH OUR CLIENT QUICKLY REMEDIED.

AND SINCE THEN THERE'S BEEN, THERE'S BEEN NO ISSUE.

AND OF COURSE, THAT WAS THREE AND A HALF YEARS AGO.

NUMBER FOUR IS WHETHER THE OWNER IS ENFORCING LEASING CLAUSES AND ENFORCING TENANT SCREENING ME MEASURES AT THE PROPERTY.

AND THIS IS CERTAINLY TRUE, UH, WE SCREEN BEFORE OUR CLIENT SCREENS, UH, EACH BUSINESS THAT IS GONNA GO INTO THE PROPERTY.

UH, OUR CLIENT, AS A MATTER OF FACT, REGULARLY CONDUCTS, UH, CRIMINAL MEETINGS, UH, CRIME PREVENTION MEETINGS WITH THESE TENANTS AND INSTRUCTS THE TENANTS TO CALL 9 1 1.

AND IN FACT, THE TENANTS DO CALL 9 1 1.

I WAS READING THE REPORTS THAT, UH, THAT OPPOSING COUNSEL SUBMITTED FOR THESE INCIDENTS THAT HAVE OCCURRED AT THE PROPERTY.

AND NUMEROUS OCCASIONS, THE OWNER OF OKAY, FOODS IS LISTED ON THE INCIDENT REPORT OF HAVING SPOKEN TO THE POLICE AND SAID, HEY, I WILL, I'LL TRY TO GET YOU VIDEO SURVEILLANCE OF WHAT HAPPENED HERE.

OR THEY MIGHT BE THE ONE WHO CALLED IN, UM, CALLED IN THE, THE, UH, THE INCIDENT IN THE FIRST PLACE.

SO WE INSTRUCT TENANTS TO MAINTAIN A LOG OF, OF, YOU KNOW, INCIDENTS LIKE THIS TO CALL THE POLICE.

UM, AND,

[00:30:01]

AND SO WE, YEAH, WE'RE, WE'RE, OUR, OUR CLIENT IS CERTAINLY ENFORCING, UM, PROPERTY RULES AND, UH, AND IMPLEMENTING REGULAR, REGULAR TENANT SCREENING AND GOING ABOVE AND BEYOND THAT, BUT INSTRUCTING TENANTS, UH, HOW TO, HOW TO PROCEED IN THE EVENT OF, UH, OF CRIME OCCURRING AT THE PROPERTY.

NUMBER FIVE IS, UH, THAT THE OWNER IS COMMUNICATING CRIMINAL ACTIVITY TO THE CHIEF AND COOPERATING WITH THE CHIEF AS REQUESTED.

UH, AGAIN, OUR CLIENT IS, IS CALLING 9 1 1, UH, WHEN NECESSARY, AND IS, UH, IS LOGGING THESE, THESE CRIMINAL ACTIVITIES, UH, HAS, HAS, UH, NUMEROUS OFFICERS PRESENT AT THE PROPERTY.

UM, AND THIS HAS BEEN, THIS IS DATED BACK, YOU KNOW, ALL THE WAY, UH, UNTIL 2021, UH, THAT OUR, THAT OUR CLIENT HAS, UH, HAS BEEN REQUESTING CONTINUALLY, UH, OFF-DUTY PD OFFICERS REQUESTING SKY CAMS, UM, ESSENTIALLY GOING ABOVE AND BEYOND, UH, WHAT, WHAT IS, WHAT IS REQUIRED HERE, UM, TO ABATE CRIME AT THE PROPERTY.

NUMBER SIX IS THE OWNER CAN DEMONSTRATE TO THE DIRECTOR THAT THE OWNER IS TAKING PROACTIVE STEPS TO ABATE CODE VIOLATIONS AT THE PROPERTY.

UM, THE, THE OWNER, AS I, AS I PROBABLY SOUND LIKE A BROKEN RECORD, BUT YES, THE OWNER HAS FOR YEARS, FOR YEARS, HAS BEEN PROACTIVE WITH THIS PROPERTY.

THIS IS, THIS IS OUR CLIENT'S BUSINESS, AND OUR CLIENT HAS, HAS PAID, YOU KNOW, A QUARTER OF A MILLION DOLLARS, UH, AND HAS CONTINUALLY FOLLOWED UP WITH THE DPD, UH, RE REGARDING SKY CAMERAS REGARDING, UH, REQUESTING OFFICERS.

AND SO OUR CLIENT HAS CERTAINLY BEEN PROACTIVE, YOU KNOW, DATING BACK TO 2021, UH, WITH THIS PROPERTY.

AND THE SEVENTH IS THAT THE PROPERTY IS IN COMPLIANCE WITH THE STANDARDS SET OUT IN THIS CODE.

UM, AGAIN, THE, THE, THE PROPERTY, THE PROPERTY IS IN COMPLIANCE WITH, WITH THE ORDINANCE.

AND OUR POSITION HERE TODAY IS CERTAINLY THAT THE PROPERTY OWNER HAS NOT KNOWINGLY TOLERATED, UH, THE CRIME THAT THAT HAS OCCURRED AT THE PROPERTY.

THIS, THIS PROPERTY IS IN AN AREA THAT HAS HIGH CRIME IN AN IN AND OF ITSELF.

UM, AND IT'S, IT'S NOT NECESSARILY A REFLECTION OF, OF THE OWNER OF THE PROPERTY OWNER'S, UH, NEGLIGENCE OR, YOU KNOW, WILLINGLY TURNING A BLIND EYE TO THE THINGS THAT ARE, THAT ARE OCCURRING IN THE AREA.

THIS IS A PROPERTY OWNER WHO IS BEING EXTREMELY PROACTIVE AND, UH, AND SPARING NO EXPENSE, ESSENTIALLY TO, UH, TO ENSURE THAT THE PROPERTY IS SAFE FOR ITS TENANTS AND SAFE FOR, UH, FOR THE COMMUNITY.

THANK YOU.

ALRIGHT, THANK YOU.

AND JUST BY THE WAY, YOU'VE USED, UH, 16 MINUTES, SO YEAH, 14 REMAINING.

UM, AND, UH, OH, ACTUALLY, DO YOU HAVE QUESTIONS FOR YOUR WITNESS? YES, JUST A FEW.

OKAY.

YEAH, SEAN, I'M GONNA MOVE THIS SO HOPEFULLY EVERYONE CAN HEAR YOU AS WELL AS HEAR ME.

UH, SO WILL YOU, WILL YOU JUST WALK ME THROUGH, UM, WALK ME THROUGH SOME OF YOUR, UH, EXPERIENCE AS FAR AS HIRING OFF-DUTY PD OFFICERS FOR THE PROPERTY? UH, WHAT'S THE PROCESS FOR GETTING THESE OFF-DUTY PD OFFICERS? AND THEN, UM, YOU KNOW, PART TWO OF THAT IS, IS, UH, HOW, HOW DIFFICULT IS IT TO RETAIN THESE OFF-DUTY PD OFFICERS? OR, OR IS IT EASY, DO THEY GO TO THE PROPERTY? THEY WORK FOR WEEKS AND WEEKS ON END? IF YOU COULD JUST KIND OF WALK ME THROUGH.

SURE, SURE.

SO WE POST, UM, WITH THE CITY OF DALLAS, THEY HAVE A JUMP BOARD AND WE SEND AN EMAIL SAYING WE HAVE OPENINGS.

UM, WE HAVE TO LIST, YOU KNOW, THE, THE HOURS THAT ARE AVAILABLE.

WE LIST THE PAY RATE WE LIST, THEY WANT TO KNOW HOW OFTEN THEY GET PAID, WHICH IS WEEKLY.

UM, IT'S, WE GET, WE GET CALLS FROM THE COPS.

HALF OF THEM NEVER END UP WANTING TO, UM, WORK AT THAT PROPERTY.

IT, IT'S KIND OF A ROUGH NEIGHBORHOOD OR BECAUSE OF LOGISTICAL PURPOSES, THEY JUST CAN'T FIT IT INTO GETTING OFF OF THEIR REGULAR SHIFT.

AND THEN GOING OVER TO THAT VILLAGE, THE RED BIRD VILLAGE, UM, BASICALLY WE BRING THEM ON BOARD, WE GET THEM SIGNED UP, WE GET THEIR, YOU KNOW, THEIR, THEIR TAX ID NUMBER.

WE GET, UM, THE HOURS THAT THEY'RE AVAILABLE AND WE GIVE THEM A DOWNLOAD OF WHAT OUR EXPECTATIONS ARE AND WHAT WE EXPECT THEM TO BE DOING.

UM, WE'VE ALSO, UM, HAVE, WE RENT THROUGH THIS CITY, UH, THROUGH THE POLICE DEPARTMENT, UM, POLICE PATROL VEHICLE, SO ANY OFFICER COMING TO THE PROPERTY CAN GRAB THAT CAR WITH THEM AND TAKE IT THERE AS WELL.

UM, WE LIKE TO HAVE A PRESENCE OF THE, THE POLICE CAR THERE.

UM, SO WE, WE PAY THAT ADDITIONAL FEE AS WELL.

UM, THE OFFICERS, WE'VE

[00:35:01]

GOT A COUPLE THAT WE'VE HAD LONG TERM, BUT FOR THE MOST PART WE'LL HAVE 'EM FOR MAYBE A COUPLE OF MONTHS.

UM, WHAT I'VE BEEN FINDING IS THAT THEY'LL COME AND WANT TO WORK DURING THEIR VACATION TIME OFF FROM THEIR REGULAR SHIFTS AT PD.

AND SO WE'LL GET 'EM FOR A COUPLE OF WEEKS TO A COUPLE OF MONTHS.

UM, OFTENTIMES THEY CALL OUT, YOU KNOW, FOR VARIOUS REASONS, THEY EITHER THEIR SHIFTS HAVE CHANGED OR, YOU KNOW, WHATEVER ISSUES THAT THEY HAVE, THEY'RE NOT ABLE TO COME OUT TO THE PROPERTY.

UM, WE DO HAVE ONE THAT'S BEEN WITH US SINCE THE BEGINNING.

UM, OFFICER BRITTANY JORDAN, SHE'S WITH THE REDBIRD OUTREACH CENTER.

UM, SHE'S, SHE'S THE ONLY ONE WHO'S BEEN WITH US SINCE THE BEGINNING.

ALL THE OTHERS TEND TO, TO FLUCTUATE WITH THEIR AVAILABILITY AND THEIR SCHEDULE.

AND LIKE I SAID, WHEN WE START RUNNING OUT OF PEOPLE TO FILL THE SHIFTS, WE SEND ANOTHER EMAIL BACK TO THE CITY TO MAKE SURE THE JOB POSTING IS STILL AVAILABLE AND TO KINDA MAYBE UP IT TO THE TOP OF THE LIST.

UM, SO THAT, THAT IS, UM, THE KIND OF THE PROCESS OF HOW WE WORK THROUGH THE CITY TO GET THE OFFICERS ON THE PROPERTY.

THANK YOU, SHAUNA.

UM, AND SO BECAUSE YOU'RE, YOU'RE ESSENTIALLY SORT OF AT THE MERCY OF THE, THE DPDS, UH, A POSTING, UH, YOUR JOB POSTING ON THE BOARD, AND THEN ALSO THE AVAILABILITY OF THESE OFFICERS WHO OF COURSE WORK VERY BUSY SCHEDULES AND SCHEDULES THAT ARE SUBJECT TO CHANGE.

UM, I KNOW THAT YOU, YOU HIRED A PRIVATE SECURITY SERVICE AS WELL TO BE PRESENT AT THE PROPERTY, UM, AND ALSO HOST THESE MONTHLY, MONTHLY CRIME MEETINGS.

AND SO THAT'S, THAT'S SOMETHING THESE MEETINGS ARE A LITTLE BIT MORE INTANGIBLE.

WE DON'T HAVE, YOU KNOW, THEY'RE NOT IN OUR, OUR, OUR EXHIBITS SO TO SPEAK.

BUT, SO IF YOU COULD SPEAK A LITTLE BIT TO THESE MONTHLY CRIME MEETINGS, UM, YOU KNOW, THE, THE GENESIS OF THEM AND, UH, AND, AND HOW THEY ARE LED, WHO LEADS THEM THINGS, THINGS OF THAT NATURE.

SO THESE ARE LED AGAIN BY, UM, OFFICER BRITTANY JORDAN WITH THE BERRY OUTREACH CENTER AND THE, UM, SHE GOES AROUND, SHE HAS A RELATIONSHIP WITH EACH AND EVERY ONE OF THE TENANTS.

AND SO SHE PASSES OUT FLYERS, SHE EMAILS THEM, SHE'S GOT A LIST OF EVERYBODY'S EMAIL ADDRESS, REMINDS EVERYBODY ABOUT THE MEETINGS.

THEY'RE HELD EVERY MONTH, AND WE HOLD IT IN THE OFFICER'S LOUNGE.

UM, WE, IF, IF I AM, I TRY TO PLAN MY VISITS AROUND THESE MEETINGS SO THAT I TOO CAN BE IN ATTENDANCE.

UM, THE OTHER OFFICERS FROM THE OUTREACH CENTER LAST MEETING, WE HAD SIX OF THEM OUT THERE, SO I REALLY APPRECIATED THEIR SHOW OF SUPPORT FOR THAT, AS DID THE TENANTS.

UM, THE MEETINGS ARE TYPICALLY, THEY START WITH SHARING, UM, THE MOST RECENT DATA, CRIME DATA FOR THAT PROPERTY.

AND, UM, IT'LL BE LIKE FROM, FOR THE PRIOR 30 DAYS.

SO WE CAN SEE, FOR INSTANCE, THE JANUARY MEETING, THE CRIME IN THE AREA HAD GONE DOWN, UM, BY 7%, THEN THE PRIOR, UM, MONTHLY REPORT.

SO THAT WAS ENCOURAGING FOR THE TENANTS TO HEAR.

AGAIN, THE MEETINGS ARE ALL ABOUT, UM, ENCOURAGING THE TENANTS RECOMMENDING WHO THEY CALL TO, TO CONTINUE CALLING.

UM, SOMETIMES THE TENANTS ARE FRUSTRATED BECAUSE THEY WILL CALL THE POLICE AND NOBODY CAN, YOU KNOW, IS AVAILABLE TO COME OUT.

SO THE MEETINGS ARE A LOT OF THE TENANTS SPEAKING TO THAT, BUT ALSO WITH THE RED OUTREACH OUTREACH CENTER OFFICERS ALSO TELLING 'EM THE STEPS THAT THEY CAN TAKE AND WHAT THEY CAN DO AND TO KEEP ENCOURAGING THEM TO, TO CALL IN WHEN AN INCIDENT OCCURS.

UM, ALSO JUST TO NOTE ON THE OFFICER'S LOUNGE, IT'S ALSO AVAILABLE FOR ALL OF DALLAS PD.

WE PUT THE WORD OUT TO THE LOCAL STATIONS AND IN THE BES AROUND OUR NEIGHBORHOOD, UM, THEY ALL HAVE ACCESS TO IT 24 HOURS A DAY, THERE'S A BATHROOM, THERE'S SNACKS, COFFEE PLACE TO DO SOME WORK TO LOUNGE.

UM, IT'S OUR WAY OF KIND OF SUPPORTING THE DALLAS PD, BUT ALSO, YOU KNOW, MY, MY INTENT IS TO GET MORE VISIBLE, MORE COPS AT THE CENTER.

YOU KNOW, SOMEBODY SEES A POLICE CAR IN THE PARKING LOT AND THEY'RE GONNA GO SOMEWHERE ELSE.

THANK YOU.

THANKS VERY MUCH.

AND I DON'T HAVE ANY FURTHER QUESTIONS.

OKAY.

UH, LET'S SEE.

MR. SKINNER, OH, THERE YOU ARE.

UH, MR. SKINNER, DO YOU HAVE A, UH, ANY QUESTIONS? YEAH, I THINK I JUST HAVE, UH, ONE, MAYBE TWO QUESTIONS FOR THIS WITNESS.

ALL RIGHT.

PROCEED.

THANK YOU.

UH, MS. FIERRO.

SO I WAS JUST WONDERING HOW YOU GO ABOUT DETERMINING, UH, THE SCHEDULES FOR YOUR, FOR YOUR OFF-DUTY POLICE OFFICERS AND FOR THE OTHER SECURITY THAT YOU HAVE.

UH, I, I KNOW THAT YOU, I UNDERSTAND THE PROCESS OF POSTING AND, AND ALL THAT, BUT WHEN YOU'RE LOOKING AT, YOU KNOW, WHEN DO WE NEED THEM THERE, HOW DO YOU GO ABOUT THAT PROCESS? SO WE WILL, UM, IT'S, IT'S A MOVING TARGET.

UM, WE HAVE DIFFERENT DAYS OF

[00:40:01]

THE WEEK WHERE THE SCHEDULE WILL BE GEARED MORE TOWARDS THE AFTERNOON AND TO THE NIGHTTIME AND OTHER DAYS WHERE THE SCHEDULE IS, YOU KNOW, WE'LL HAVE OFF-DUTY PD IN THE MORNINGS.

AND THEN, UM, OUR PRIVATE SECURITY IN THE AFTERNOONS AND THE EVENINGS, IT'S, UM, WE, WE DO NOT HAVE 24 7 SECURITY.

UM, IT'S, IT'S EXTREMELY COST PROHIBITIVE TO HAVE THAT.

SO WE GEARED TOWARDS THE TIMES WHEN THE TENANTS ARE, ARE OPEN FOR BUSINESS, UM, DETERMINING THE SCHEDULE.

WE, WE TYPICALLY HAVE THE OFF-DUTY PD TELL US THE DAYS AND THE HOURS THAT THEY'RE AVAILABLE, AND THEY'RE TYPICALLY GOING TO BE A COUPLE OF HOURS A DAY.

AND THEN WE FILL IN WITH OUR PRIVATE SECURITY FORM, UM, TO PICK UP THE EXTRA HOURS.

SO WE KIND OF BUILD THE PRIVATE SECURITY FIRM HOURS AROUND THE AVAILABILITY OF THE OFF-DUTY PD.

OKAY.

AND YOU MENTIONED THAT IT IS A MOVING TARGET, SO I WAS WONDERING WHEN IS THE LAST TIME THAT YOU HAD ANY SORT OF SCHEDULE CHANGE, UH, LIKE A, A MAJOR SHIFT IN THE SCHEDULING FOR THE SECURITY? HAS IT BEEN HOW IT IS RIGHT NOW FOR A WHILE, OR IS THAT RECENTLY CHANGED? SO WE, WE LOST ONE OF OUR GOOD OFFICERS ABOUT TWO WEEKS AGO, OFFICER DARIO VINCENT, UM, HE DID TUESDAYS AND THURSDAYS FOR US.

AND SO THAT LEFT A HOLE IN THAT WHICH WE BACKFILLED WITH PRIVATE SECURITY.

UM, THE SCHEDULED CHANGES PROBABLY EVERY TWO WEEKS, UM, AGAIN, DEPENDING ON AVAILABILITY.

OKAY.

THANK YOU.

UH, NO FURTHER QUESTIONS FOR THIS WITNESS.

UH, THANK YOU MR. SKINNER.

WE WILL NOW PROCEED WITH, UM, BOARD MEMBER QUESTIONING FOR THE APPELLANT.

UH, I'M SORRY, DO YOU HAVE ANY OTHER WITNESSES? NO OTHER WITNESSES.

OKAY.

NO, SIR.

UH, THEN WE WILL NOW PROCEED WITH BOARD MEMBER QUESTIONING FOR THE APPELLANT.

UM, FIRST ROUND, EVERYBODY GETS THREE MINUTES.

UH, MS. ALA, DO YOU HAVE ANY QUESTIONS? I DON'T HAVE ANY QUESTIONS AT THE MOMENT.

ALL RIGHT.

THANK YOU MS. WILLIS.

I JUST HAVE ONE.

I WANTED TO CLARIFY WHO WAS ACTUALLY SPEAKING.

WAS THAT THE PROPERTY MANAGER OR THAT WAS JUST TESTIFYING OR, YES, IT JUST GOT, WHAT'S HER TITLE? I'M THE PROPERTY, THE SENIOR PROPERTY MANAGER FOR THIS PORTFOLIO.

OKAY.

WHAT'S YOUR NAME AGAIN? YOUR NAME? OH, SHAUNA PANO.

ALRIGHTY.

THANK YOU.

THAT'S ALL I NEEDED.

OKAY.

THANK YOU.

MS. WILLOW, UH, VICE CHAIR TORRES, I HAVE A QUESTION RECOGNIZED.

MS. PIERRE, THANK YOU FOR BEING HERE TODAY.

I HAVE A QUESTION REGARDING THAT SCHEDULE OF THE DALLAS POLICE DEPARTMENT AND YOUR OFF DUTY, I MEAN, I'M SORRY, YOUR PRIVATE SECURITY, UM, BECAUSE THERE IS AN EXHIBIT HERE WITH, UM, THE CITY OF DALLAS THAT SHOWS THE AAT CRIMES HAPPENING LITERALLY PROBABLY AFTER 9:00 PM SO YOU MENTIONED MOST OF THESE OFFICERS ARE EITHER AFTERNOON, MAYBE INTO THE NIGHT, BUT DO YOU HAVE ANYONE WORKING ON A DAILY BASIS AFTER 9:00 PM SINCE IT SEEMS LIKE A LOT OF THESE CRIMES ARE HAPPENING, PA NOT IN THE AFTERNOON, NOT IN THE LATE EVENING, BUT MAYBE VERY, VERY LATE.

YES.

UM, AGAIN, IT'S BASED ON THE DAYS OF THE WEEK, SO FRIDAY, SATURDAY, SUNDAY, WE HAVE OFFICERS THERE TILL 11:00 PM TILL 11:00 PM YEAH.

UM, WHEN IT COMES TO THE DALLAS POLICE DEPARTMENT, UM, WHAT DO YOU THINK IS THE RELATIONSHIP THAT YOU GUYS HAVE? IS IT A, IS IT A GOOD WORKING ONE? UM, I KNOW THAT YOU DEPEND ON THEM A LOT, BUT IT SOUNDS LIKE, YOU KNOW, IT MAY BE SOMETHING THAT YOU HAVE TO GO ON, YOU KNOW, FULLY PRIVATE BECAUSE OF THEIR AVAILABILITY.

RIGHT.

WE, WE HAVE A, A REALLY GOOD RELATIONSHIP WITH THESE OFFICERS THAT COME TO US AND PICK UP HOURS AT THE PROPERTY.

AND, UM, YOU KNOW, IT'S SOMETHING WHERE IT'S, THEIR IMPACT HAS BEEN REALLY POSITIVE AND IT'S BEEN BENEFICIAL TO THE CENTER.

THE TENANTS LOVE IT.

I LOVE IT.

UM, IT GETS 'EM MORE COMFORTABLE WITH POLICE DEPARTMENT.

I FEEL LIKE EVERYBODY'S BEEN MORE PROACTIVE IN CALLING THE POLICE WHEN THERE'S AN ISSUE.

UM, IT'S SOMETHING THAT WE TALK ABOUT BACK AT, AT MY HOME OFFICE OFTEN ABOUT HOW WE CAN ADJUST THE SECURITY HOURS.

UM, I REALLY FEEL LIKE HAVING THE OFFICER, THE, THE OFF-DUTY PD IS BENEFICIAL AND I, AS MUCH AS, YOU KNOW, I MEAN, IT'S DEFINITELY LESS TO DO THE PRIVATE SECURITY, BUT, UM, YEAH.

HOW MANY TENANTS DO YOU HAVE? 19.

19 TENANTS.

WHAT'S THE LATEST ANY OF THEM ARE, IS OPEN, IS ANYONE OPEN LIKE 5:00 AM 3:00 AM 2:00 AM NO, THE DENTIST.

[00:45:01]

I'M TRYING TO THINK.

I WAS JUST THERE LAST NIGHT ABOUT EIGHT O'CLOCK.

UM, EVERYBODY HAD CLOSED, THE SMOKE SHOP WAS OPEN UNTIL NINE.

THE LAUNDRYMAT WAS OPEN UNTIL NINE.

I'M NOT POSITIVE OF THE HOURS OF THE OKAY.

MARKET.

DO YOU HAVE A, A, A PARTY SALON THERE AS WELL? DID I SEE THAT? AGUILAR EVENTS? YES.

SO THEY TAKE UP ABOUT 10,000 SQUARE FEET ON OUR SECOND FLOOR.

OKAY.

AND THEY ARE TYPICALLY, THEIR EVENTS ARE GONNA BE ON THE WEEKENDS, WEDDINGS, RAS, THAT TYPE OF THING.

AND HE ACTUALLY ALSO HIRES HIS OWN PRIVATE SECURITY GUARD FOR HIS EVENTS.

SO HOW LATE ARE THEY OPEN? UM, THEY WILL, I, I'M NOT SURE.

I WOULD IMAGINE NOT PAST 11 FOR A, FOR A WEDDING? YEAH, QUINCEANERA.

YEAH.

BUT YOU CANNOT CONFIRM THAT.

I HAVE NOT SEEN ANY ACTIVITY ON THE SECURITY CAMERAS PAST 11 AT THAT PROPERTY.

OKAY.

YEAH, THAT'S YOUR TIME.

I KNOW PREVIOUSLY HE HAD HAD SOME ISSUES AND, YOU KNOW, THEY WOULD, AFTER THE EVENT WAS OVER, THEY WOULD BE, UM, WHAT WE CALL PARKING LOT PARTIES.

AND THEN THAT QUICKLY, WE QUICKLY STOPPED THAT.

UH, THANK YOU.

UH, MR. ILLA, DO YOU HAVE QUESTIONS FOR THREE MINUTES? THANK CHAIR.

I DO HAVE A FEW.

UM, I WANTED TO MAKE SURE, I GUESS THIS, I DUNNO THIS QUESTION.

I GUESS THIS IS THE QUESTION FOR THE PROPERTY MANAGER.

UM, THANK YOU FOR BEING HERE.

MY QUESTION WAS, I SEE, I DON'T KNOW IF IT WAS IN THE CITY'S EXHIBIT OR YOUR EXHIBITS THAT YOUR PROPERTY VALUE ACCORDING TO THE, UH, THIS PARTICULAR PROPERTY VALUE ACCORDING TO THE CITY OF DALLAS IS ABOUT 3.5 MILLION.

IS THAT ABOUT CORRECT? I DON'T HAVE THAT INFORMATION IN FRONT OF ME.

OKAY.

WELL, I, I WILL SAY THAT I SAW THAT IN ONE OF THE EXHIBITS.

I DON'T KNOW IF IT WAS THE CITIES OR YOURS.

SO BASED ON THAT, IT'S ABOUT 7% THAT YOU GUYS HAVE SPENT ON, UM, WHAT APPEARS TO BE SECURITY, SOME FENCING, BENCH REMOVAL.

UM, WELL MY QUESTION REALLY IS OVER ABOUT 18 MONTHS.

MY QUESTION FOR YOU IS, DO YOU GUYS HAVE, OR DO YOU PARTICIPATE IN THE BUDGETING OF HOW MUCH IS ALLOCATED FOR A PERCENTAGE BUDGET OF WHAT'S ALLOCATED FOR SECURITY FOR THIS PARTICULAR LOCATION ON AN ANNUAL BASIS? YES.

AND THEN WHAT IS THAT SET USUALLY AT, BESIDES THIS, UH, IS IT ABOUT 7% OR IS IT, IS IT HIGHER, LOWER BEFORE YOU HAD THE HABITUAL CRIMINAL, UM, DESIGNATION? SURE.

UM, PERCENTAGE WISE, I DON'T HAVE MY BUDGET IN FRONT OF ME.

UM, I KNOW WE'VE INCREASED SECURITY EXPENSES, UM, SUBSTANTIALLY OVER THE PAST FIVE YEARS.

UM, IN 2020 IT WAS 90,000.

2021, IT WAS 97,022 WAS 116,000.

LAST YEAR WE WENT, WE SPENT 148,000.

AND THIS YEAR WE'RE BUDGETED TO SPEND 168,000.

SO ROUGHLY IT'S A, IT SEEMS LIKE JUST, I JUST DID A ROUGH ESTIMATE OF 250,000 INTO THE 3.5 MILLION OF THE PROPERTY VALUE.

SO YOU'RE SPENDING ACTUALLY A LITTLE LESS THAN THAT ON A 12 MONTH BASIS.

I WOULD.

SO IS THERE ANY, I GUESS WHERE I WANTED TO FOCUS ON WAS THE BARBED WIRED FENCE.

ONE OF THE THINGS THAT WE SEE HERE IN THIS BOARD IS THAT BARBED WIRED FENCES ARE REALLY MORE OF AN ECONOMIC, UH, EFFICIENCY DECISION RATHER THAN A TRUE PREVENTATIVE MEASURE.

WAS THERE ANY INDIC, UH, ANY, DID YOU HAVE ANY INSIGHT OR ANY PART OF THAT DECISION MAKING OF MAYBE DOING SOMETHING MORE THAN A BARBED WIRED FENCE AROUND THE PROPERTY? YOU KNOW, IF I CAN BE HONEST, I'M, I'M AGAINST BARBED WIRE.

I THINK IT SENDS THE WRONG MESSAGE TO THE NEIGHBORHOOD.

I REALLY DON'T LIKE IT.

HOWEVER, IT WAS ACTUALLY A RECOMMENDATION, I BELIEVE, FROM, UH, MR. SKINNER'S PREDECESSOR.

AND SO WE INSTALLED IT AND IT DOES, THERE'S A, UH, TWO APARTMENT COMMUNITIES BEHIND US AND THERE'S A LOT OF JUMPING OF THE FENCE AND, AND THAT TYPE OF THING.

SO, UM, AND I WANNA MAKE SURE, IF I COULD, I THINK TO CUT YOU OFF, JUST 'CAUSE MY TIME.

IS IT BARBED WIRE OR CHAIN LINK? LEMME MAKE SURE WE HAVE CHAIN LINK ALONG THE PERIMETER OF THE BACK PERIMETER OF THE PROPERTY.

THAT SETS UP, SETS US, UM, NEXT TO CATFISH KING.

AND THEN ALONG THE, ABOUT FROM THE CELL TOWER BACK TO THE CORNER, UM, OF OUR, OUR PARCEL IS BARBED WIRE ON TOP OF, UM, BLOCK WALL.

HAS THERE BEEN ANY INDICATION OF MAYBE PUTTING A MORE AESTHETICALLY PLEASING PLUS, UH, MORE TALLER FENCE, ACTUALLY, OF THE BARBED WIRE? THAT'S YOUR TIME MR. CCHI FOR THE CROWN.

SORRY, CHAIR.

I HAVE IN RESPONSE TO MR. CILLA IN RESPONSE TO HIS PREVIOUS QUESTIONS.

YEAH, , UH, MR. CILLA, I JUST WANTED TO NOTE AS WELL, FOR, FOR COMMERCIAL REAL ESTATE PURPOSES, UH, SECURITY COSTS ARE TYPICALLY NOT, UH, BASED ON A PERCENTAGE OF THE OVERALL MARKET VALUE.

THE PROPERTY, UH, THEY'RE BASED ON THE NET OPERATING

[00:50:01]

INCOME OF THE PROPERTY.

UH, THE MAIN METRIC FOR COMMERCIAL REAL ESTATE, UH, IS A, IS A CAP RATE, WHICH IS ESSENTIALLY NOI OVER THE, UH, OVER THE MARKET VALUE OF THE PROPERTY.

SO, UH, TYPICALLY SECURITY WOULD BE CALCULATED BASED ON, UH, BASED ON REVENUES ON AN ANNUAL BASIS, NOT ON THE ENTIRE MARKET VALUE OF THE PROPERTY.

SO I THINK THAT THE PERCENTAGE WOULDN'T BE 7%, IT WOULD BE BASED ON THE ANNUAL REVENUES OF THE PROPERTY RATHER THAN THE MARKET VALUE.

THANK YOU.

UM, MR. HAYES, YOU JUST ANSWERED MY QUESTION, BUT I HAVE ONE MORE.

'CAUSE I WAS TRYING TO FIGURE OUT WHY WE WERE LOOKING AT ASSET VALUE INSTEAD OF REVENUES, BUT YOU JUST CLARIFIED THAT.

THANK YOU.

UM, ONE OF THE ITEMS IN THE CITY'S EXHIBIT ADDRESSES THE SUGGESTION OR REQUIREMENT THAT YOU AS THE OWNERS EVICT OR NOT EVICT, BUT SOMEHOW OR OTHER GET RID OF HOMELESS PEOPLE.

IS THAT AN ONGOING PROBLEM FOR YOU? YES.

IT'S A DAILY PROBLEM.

MM-HMM.

, YOU KNOW, IT'S, IT'S INTERESTING.

THE PERSPECTIVE HAS CHANGED A LITTLE BIT.

THE HOMELESS ARE A HUGE ISSUE EVERYWHERE ACROSS THE COUNTRY AND PARTICULARLY IN THIS NEIGHBORHOOD.

UM, MORE IMPORTANTLY THOUGH, WHAT WE'RE TRYING TO REALLY GET RID OF, UNFOCUS OUR, OUR ATTENTION ON WHAT SECURITY AND POLICE IS THE PEOPLE WHO ARE DOING THINGS ILLEGALLY.

SO THE, THE DRUG DEALING, PROSTITUTION, THAT TYPE OF THING.

UM, THAT'S KIND OF MY MAIN FOCUS.

AND, BUT YES, THE HOMELESS IS A, A REALLY BIG ISSUE THERE.

AND LAST NIGHT I, I CALLED PD AND MY SECURITY GUARD, UM, OVER AND TO HAVE TO REMOVE TWO PEOPLE SLEEPING BEHIND THE BUILDING AND ANOTHER ONE LOITERING IN THE FRONT.

SO TO SUMMARIZE, YOU ARE AWARE OF, EXCUSE ME, THAT PROBLEM AND TAKING PROACTIVE MEASURES TO THE BEST OF YOUR ABILITY, GIVEN SOME OF THE CONSTRAINTS YOU HAVE, UH, ON WHAT YOU CAN DO.

YES.

I MEAN, IN OTHER WORDS, YOU CAN'T JUST ARREST THEM FOR BEING THERE AND BEING HOMELESS, RIGHT? CORRECT.

THANK YOU.

YOU'RE WELCOME.

THANK YOU MR. HAYES.

UH, MR. QUINT, THREE MINUTES OF QUESTIONS.

YES, SIR.

CHAIR, THANK YOU SO MUCH.

UM, MS. MS. PANERO, SO YOUR, YOUR ATTORNEY MENTIONED MANY TIMES THAT Y'ALL SPEND ABOUT A QUARTER OF A MILLION DOLLARS AND I THINK I HEARD OVER FIVE YEARS.

IS THAT CORRECT? CORRECT.

SO THAT'S ABOUT $50,000 A YEAR THAT YOU'RE SPENDING, UM, SPREAD OVER, YOU KNOW, 365 DAYS.

UM, SOUNDS LIKE A LOT, BUT AT THE END OF THE DAY IT'S, IT'S REALLY NOT SO TO SPEAK.

UM, ARE THERE CAMERAS AT YOUR PROPERTY? YES.

HOW MANY CAMERAS? UH, WE'VE GOT THE SKY TOWER THAT HAS, UM, UH, TWO CAMERAS, ONE POINTS TOWARDS THE OKAY.

MARKET AND THE OTHER ONE POINTS UP THE FRONT OF THE SHOPS.

AND THEN I HAVE ANOTHER CAMERA ON THE SECOND FLOOR THAT CAN LOOK BOTH WAYS ON THE UPPER LANDING.

AND THEN I HAVE, UH, UH, THE OTHER CAMERA IS ON THE FIRST FLOOR AND IT CAN LOOK BOTH WAYS ON, ON THE FIRST FLOOR.

SO YOU HAVE A TOTAL OF FIVE CAMERAS? YES.

UM, AND THIS, THIS CENTER IS QUITE LARGE.

HOW MANY SQUARE FEET IS THIS CENTER? 90, SORRY, DON'T HAVE MY RENT ROLL WITH ME, INCLUDING PARKING LOT.

I, I'M SORRY, I DON'T HAVE MY RENT ROLL WITH ME.

IT'S, I BELIEVE THIS IS ACREAGE.

LOOKS LIKE IT IS, LOOKS LIKE IT'S 6 6 5 2 8 6, 6 0.65, TWO ACRES.

OKAY.

SO YOU'VE GOT FIVE CAMERAS FOR 6.25 ACRES.

UM, I, I FIND THAT'S QUITE INSUFFICIENT TO REALLY BE ABLE TO COVER IT.

UM, BUT THE NEXT QUESTION IS, IS IT MONITORED 24 HOURS A DAY? YES.

OKAY.

AND RECORDED.

AND RECORDED IN MAY? YES IT IS.

OKAY.

AND HOW LONG WERE THOSE RECORDINGS KEPT FOR? I'LL HAVE TO CHECK.

UM, I BELIEVE WE'RE SET FOR 30 DAYS.

OKAY.

OKAY.

SO ONE LAST THOUGHT.

YOU KNOW, WHEN WE LOOK AT, UH, YOUR GENERAL LEDGER FOR, FOR WEEKS, YOU KNOW, WITH, WITH SECURITY THERE ARE SOME WEEKS WHERE YOU HAVE OFF-DUTY POLICE OFFICERS FOR SIX HOURS FOR THE WEEK, EIGHT HOURS FOR THE WEEK.

ARE, ARE THERE ANY OTHER LAW ENFORCEMENT AGENCIES YOU CAN REACH OUT TO, SUCH AS A SHERIFF'S DEPARTMENT FOR OFF-DUTY SHERIFFS? UM, THE SHERIFF DEPARTMENT HAS NOT BEEN RECOMMENDED TO ME AND I WAS NOT AWARE THAT THAT WAS AN OPTION.

WELL, I'M JUST THINKING OUTSIDE THE BOX TOO, 'CAUSE IT SEEMS LIKE THE HOURS THAT YOU REALLY NEED SECURITY, YOU DON'T HAVE THEM THERE.

THANKS FOR THE SUGGESTION FOR THE SHERIFF'S DEPARTMENT.

ABSOLUTELY.

THANK YOU.

I'M DONE CHAIR.

ALRIGHT, THANK YOU.

MR. QUINT.

[00:55:01]

UH, MS. SHIN, THERE YOU ARE.

THANK YOU CHAIR.

AND MS. PIERRE KNOW YOU SAID THAT YOU HAVE A REALLY GOOD RELATIONSHIP WITH OFFICER JORDAN, UM, AND THAT SHE IS ALSO THE PERSON WHO LEADS YOUR CRIME WATCH MEETINGS.

UM, DOES SHE MAKE RECOMMENDATIONS TO YOU AND OR YOUR AT TENANTS AT THESE MEETINGS WHAT THEY CAN DO TO CONTINUE TO PREVENT CRIME? SHE DOES, YES.

AND WHAT ARE SOME OF THOSE RECOMMENDATIONS? CALL, CALL, CALL, CALL EVERY TIME.

I KNOW PEOPLE GET FRUSTRATED THAT THEY DON'T FEEL THEY'RE GETTING A RESPONSE OR THAT, YOU KNOW, A POLICE OFFICER ISN'T BEING DISPATCHED.

BUT, YOU KNOW, SHE, SHE SHARED WITH US THE IMPORTANCE OF GETTING IT LOCKED, THAT WE NEED TO GET THE CALLS LOGGED.

UM, AND THAT WHETHER WE THINK ANYBODY'S GONNA SHOW UP OR NOT, WE STILL NEED TO HAVE THE CALLS GOING IN.

SO THAT WAS OUR NUMBER ONE RECOMMENDATION.

THE OTHER IS TO, UM, YOU KNOW, WE WOULD BE REALLY AWARE OF WHO'S OUT THERE.

UM, KIND OF GET THEIR DESCRIPTION IN CASE THEY HAVE THE SHARE THAT INFORMATION, UM, TO UTILIZE THEIR OWN SECURITY CAMERAS TO GET DESCRIPTIONS OF PEOPLE THAT WERE DOING THINGS THEY CAN BE DOING THAT THEY, THEY COULD SHARE, UM, WITH US OR WITH THE POLICE DEPARTMENT.

UM, THEY DON'T, ONE OF THE OTHER RECOMMENDATIONS SHE HAD, AND I THINK THIS PERTAINED TO, YOU KNOW, THE SMOKE SHOP OR THE LAUNDROMAT IS FOR THOSE OWNERS TO BE MINDFUL OF PEOPLE LOITERING, ARE THEY, THEY'RE DOING LAUNDRY IF THEY'RE NOT, GET 'EM OUT OF THERE OR CALL THE POLICE IF YOU NEED ASSISTANCE WITH THAT.

UM, SO SHE'S VERY PROACTIVE IN, UM, HER RECOMMENDATIONS AND SUGGESTIONS.

OKAY.

THANK YOU.

UM, REGARDING YOUR INTERACTION WITH YOUR, YOUR TENANTS AND THEIR LEASES, UM, THERE ARE KNOWN ITEMS THAT, UM, CAN, ARE KNOWN AS PARAPHERNALIA.

MM-HMM.

YEAH.

FOR CRIME, THE ITEM THEMSELVES MAY NOT BE ILLEGAL.

CORRECT.

BUT, UM, SO DO YOU HAVE ANY CONVERSATIONS WITH YOUR TENANTS REGARDING THE SELLING OF THOSE ITEMS AND HOW THAT CAN SOMETIMES INCREASE CRIME IN YOUR AREA? RIGHT.

EARLY ON IN THIS PROCESS, UH, THEY HAD GONE OUT AND CHECKED ON THESE TENANTS AND CAME BACK WITH A LOT OF PHOTOS IN WHICH WE IMMEDIATELY NOTICED THEM, WHICH IS A, UM, UM, JUST KIND OF A DOCUMENT WE GIVE OUR LEAD, OUR TENANTS PRO, UM, THAT THEY, THEY'RE NOT ALLOWED TO BE SELLING THAT STUFF.

UM, I RECEIVED NOTIFICATION THAT ONE OF THEM STILL HAD TOUR BOYS.

THEY'RE THE LITTLE SCRUBBERS AND APPARENTLY, YOU KNOW, A SMOKE SHOP HAS NO REASON TO BE SELLING THOSE.

SO WE, AGAIN, I PUT HIM ON NOTICE AGAIN, UM, TO REMOVE THOSE.

AND AFTER THIS MEETING, I'LL BE HEADING OVER THERE TO MAKE SURE THAT HE DID.

OKAY.

SO WHEN YOU PUT SOMEONE ON NOTICE FOR THOSE ITEMS, WHAT DOES THAT PROCESS LOOK LIKE? HOW MANY TIMES DO YOU HAVE AN INITIAL SO THEIR PROCESS, IT'S BASICALLY THE LANDLORD'S NOTICE TO PERFORM CONDITIONS.

MM-HMM.

.

AND THE CONDITION IS DON'T BE DOING ANYTHING THAT COULD, UM, BE USED ILLEGALLY.

SO WE KIND OF HAVE, WE HAVE THE LEASE TO BACK US UP WITH THAT.

I HAVEN'T HAD ANYONE PUSH BACK OR CHALLENGE ME.

UM, BUT AGAIN, IT'S ABOUT KEEPING ON TOP OF THEM.

MM-HMM.

BECAUSE THEY MAY TAKE IT OUT FOR A WEEK, BUT, YOU KNOW, I HAVE TO MAKE SURE THEY'RE NOT BRINGING THEM BACK IN AGAIN.

SO HAVE YOU EVER HAD TO TERMINATE ELISE WITH ANYONE DUE TO THESE NOTIFICATIONS? NOT YET.

OKAY.

THANK YOU.

THANK YOU MS. SHIN.

UM, I DO HAVE A FEW QUESTIONS FOR YOU, AND YOU'VE BEEN DOING A GREAT JOB OF KEEPING YOUR ANSWERS BRIEF AND TO THE POINT, AND I APPRECIATE THAT.

UM, YOU HAD MENTIONED THAT, YOU KNOW, SOMETIMES OFFICERS WILL COME AND THEY, AND THEY WORK FOR A COUPLE OF DAYS OR THEY JUST TELL YOU THEY DON'T WANNA WORK AT THIS PROPERTY.

UM, DO YOU, DO YOU GUYS MANAGE OTHER PROPERTIES IN THE CITY? NOT IN DALLAS, NO.

I HAVE SAN ANTONIO WOULD BE THE CLOSEST CITY.

OKAY.

DO YOU HAVE SIMILAR ISSUES WITH OFFICERS AT YOUR OTHER PROPERTIES IN SAN ANTONIO OR IS THERE SOMETHING UNIQUE ABOUT THIS PROPERTY? UNIQUE ABOUT THIS PROPERTY? YES.

OKAY.

UM, IN SAN ANTONIO, I DON'T HAVE SECURITY.

MY BIGGEST PROBLEM THERE ON THE HOMELESS ENCAMPMENTS, UM, I HAVE A WONDERFUL PORTER SERVICE THAT IS THERE DAILY AND JUST CLEANS UP.

AND SAME WITH REDBIRD.

WE HAVE DAILY, DAILY PORTING SERVICE TO CLEAN ANYTHING UP.

UM, I THINK SOMETHING UNIQUE ABOUT THIS PROPERTY IS THE LOCATION.

I THINK THE LOCATION IS JUST, YOU KNOW, IT'S NOT GOOD.

IT'S IN A, IN A AREA WITHIN A ONE MILE RADIUS, YOU'VE GOT LOTS OF OTHER RETAIL ENTERTAINMENT, WHATEVER THAT MAY MEAN.

AND THE HOTELS ACROSS THE STREET ARE NOT DOING US ANY FAVORS RIGHT NOW EITHER.

UM, I FEEL LIKE IT'S JUST SORT OF THIS, THIS AREA THAT, UM, NEEDS A LOT MORE ATTENTION, YOU KNOW, BY THE, BY THE, UM, BY THE POLICE DEPARTMENT.

ALL RIGHT.

UM, AND, UH, UH, SHE ANTICIPATED SOME OF MY QUESTIONS.

UM, WHAT IS THE, UH, GROSS ANNUAL REVENUE JUST IN ROUND NUMBERS? REVENUE, THE PROPERTY? YEAH.

UM, I DON'T HAVE THAT INFORMATION IN FRONT OF ME.

OKAY.

I'M, I'M HAPPY TO SHARE IT.

I JUST, YEAH, I, I MEAN,

[01:00:01]

DO YOU BELIEVE SO I'VE GOT LIKE 134 PROPERTIES AT MY OWN .

YEAH.

DO, DO YOU BELIEVE THAT, THAT, UM, THE OWNERS ARE SPENDING A REASONABLE PERCENTAGE OF THAT REVENUE ON SECURITY? YES, I DO.

YES, I DO.

AND RIGHT NOW WE'VE GOT ABOUT, UH, 30% VACANT SUITES.

OKAY.

AND JUST ANTICIPATING, YOU KNOW, MAYBE SOME OF WHAT THE CITY IS GONNA TALK ABOUT, I SEE THAT IN THE CITY'S, UH, EXHIBITS, THERE WAS A PRIOR HABITUAL CRIMINAL PROPERTY, UM, AGREEMENT.

RIGHT.

UM, HAS THE OWNER COMPLIED WITH THE TERMS OF THAT SETTLEMENT AGREEMENT WITH THE CITY? SO THAT'S INTERESTING.

I WAS READING SOME OF THIS, UM, UH, EMAIL CORRESPONDENCE, UM, WITH, WITH MR. SKINNER'S, UH, PREDECESSOR.

AND, UM, THERE REALLY, THERE WASN'T AN ACTUAL DESIGNATION.

THERE WAS A PRESUMPTION AND THEN THERE WAS SOME MEETINGS AND AND WHATNOT.

UM, IT WAS, THEY, THEY DID NOT ENTER INTO AN AGREEMENT AND IN HIS PREDECESSOR'S WORDS THAT IT WOULD NOT, BY NOT ENTERING IN AN AGREEMENT, UM, FOR, YOU KNOW, FIXING THINGS OUT, CLEANING THINGS UP, IT WOULD NOT, UM, RESULT IN AN HCP DESIGNATION.

AND THE REASON WAS THAT MANAGEMENT HAD ALREADY IMPLEMENTED THE MAJORITY OF THE MEASURES INDICATED IN THE AGREEMENT, AND IT'S BEEN DOCUMENTED, UM, YOU KNOW, WITH THE ASSISTANCE OF SECURITY AND TENANTS ON THE PROPERTY.

OKAY.

YEAH.

THANK YOU.

YOU'RE WELCOME.

UM, AND THOSE, JUST TO, TO KIND OF PIGGYBACK OFF THAT WE HAVE, WE HAVE IMPLEMENTED, UM, THE ITEMS THAT WERE IN THAT ORIGINAL PROPOSED UNSIGNED AGREEMENT.

OKAY.

YEAH.

THANK YOU.

YOU'RE WELCOME.

UH, WE'LL GO THROUGH AGAIN FOR TWO MINUTE ROUND.

MS. AYALA, DO YOU HAVE ANY QUESTIONS? NO, I DON'T HAVE ANY QUESTIONS.

OKAY.

THANK YOU.

MS. WILLIS, DO YOU HAVE ANY MORE QUESTIONS? I DON'T AT THIS TIME.

ALL RIGHT.

THANK YOU.

UH, VICE CHAIR TORRES, DO YOU HAVE ANY TWO MINUTES OF QUESTIONS? NO, I HAVE A QUESTION.

UM, WHAT WOULD BE THE CONSEQUENCE? I THINK, UM, IT WOULD BE FAIR TO ASK, WHAT WOULD BE THE CONSEQUENCE OF TODAY RESULTING IN A DESIGNATION OF, UH, HABITUAL CRIMINAL CRIME? IT'D BE DEVASTATING.

UM, YOU KNOW, AS I MENTIONED, WE HAVE 30% VACANCY, RIGHT, RIGHT NOW THAT WOULD SEVERELY IMPACT OUR ABILITY TO LEASE SPACES.

UM, IT WOULD, IT WOULD JUST SORT OF SEND A MESSAGE THAT THIS IS A BAD PLACE TO BE AND THAT WOULD NOT DO MY TENANTS ANY FAVORS.

THEY NEED THE BUSINESS.

THEY NEED THE PEOPLE TO GO TO THE PROPERTY AND SHOP.

AND OUR FEAR IS THAT WITH THIS DESIGNATION, THEY WOULD GO SOMEWHERE ELSE AND PROSPECTIVE TENANTS WOULD GO SOMEWHERE ELSE.

UM, I ALSO WANNA ASK YOU, YOU TALKED ABOUT THE LANDLORD NOTICE TO PERFORM CONDITIONS.

HOW MANY TIMES HAVE YOU HAD TO ENFORCE THAT OR DEAL WITH THAT, LIKE OFFICIALLY HAVE YOU, WITH YOUR TENANTS GIVEN THIS, UH, NOTICE TO PERFORM CONDITIONS? ME PERSONALLY, I'VE DONE THREE.

YOU'VE DONE THREE SINCE.

UM, A LOT OF TIMES I'VE BEEN ABLE TO CALL 'EM ON THE PHONE, SENT 'EM AN EMAIL, TALKED TO 'EM, MY PERSON WHEN I'M OUT ON THE PROPERTY, UM, AND, AND ADJUST IT AND HAVE THEM REMEDY IT.

UM, BUT I, FOR THREE TENANTS, I'VE HAD TO GO SO FAR AS GIVING THEM A NOTICE.

OKAY.

AND HAS THAT BEEN WITHIN THE PAST YEAR? FIVE YEARS? THE PAST YEAR? THE PAST YEAR? THREE.

OKAY.

RIGHT OUT OF YOUR 19, YOU SAY 19 TENANT, 19 TENANTS.

YEAH.

ONE WAS A REPEAT.

AND THAT WOULD BE THE TENANT WITH THE SHORE VOICE? MM.

HE WAS TOLD TO TAKE HIM OUT AND I HAD TO TELL HIM TO TAKE HIM OUT AGAIN.

OKAY.

AND I THINK THAT'S IT.

EVERYBODY ASK THAT ONE TOO.

THANK YOU.

THANK YOU.

UH, MR. CILLA, YOU GOT TWO MINUTES MORE QUESTIONS? YES.

THANK YOU, CHAIR.

UM, THANKS FOR THE CORRECTION.

IN REGARD TO MARKET VALUE VERSUS NET OPERATING INCOME, I GUESS YOU STILL DON'T HAVE THAT NUMBER THOUGH, IN REGARD TO WHAT THE PERCENTAGE IS.

WHAT, MY QUESTION FOR YOU IS WITH FOLLOW UP ON THE, ON THE FENCING, WAS THERE THOUGHTS OF HAVING A HIGHER FENCE, UM, THEN WHAT IS THERE OR GETTING RID ONE THAT'S MAYBE MADE OF METAL RATHER THAN THE CHAIN LINK OR THE BARBED WIRE? UM, ACTUALLY THAT IT HAD NOT COME UP.

UM, IT, IT'S AT THE BACK OF THE PROPERTY.

I DON'T KNOW IF YOU'RE FAMILIAR WITH THE CENTER.

UM, IT'S AT THE BACK OF THE PROPERTY.

UM, THERE'S SORT OF A DRIVEWAY THAT GOES BEHIND THE, UM, PART OF IT IS, UH, CINDER BLOCK.

AND THEN THE OTHER PART IS THE CHAIN LANGUAGE WE PUT UP BECAUSE OF THE ISSUE THAT THE CATFISH KING, THEY HAD LITTLE TENT MENTS OVER THERE.

AND SO WE PUT UP EVENTS TO KIND OF KEEP THAT OUT OUR PROPERTY.

UM, WE HAD NOT THOUGHT ABOUT CUTTING UP ANYTHING OTHER THAN WHAT WE'VE DONE.

WHAT ABOUT IN REGARD TO ONE OF THE REQUESTS BACK IN, I THINK OCTOBER, 2023, IN YOUR EXHIBIT 11 TALKS ABOUT ENFORCING CRIMINAL TRESPASS LAWS,

[01:05:01]

AND IN REGARD TO, UH, ACTUALLY REPORTING CRIMINAL TRESPASS AND SHARING THOSE LOGS, DO YOU GUYS ACTUALLY INITIATE CRIMINAL TRESPASS ACTIONS? WE HAVE A CRIMINAL TRESPASS ON FILE WITH, UM, DALLAS PD.

UM, IT'S, I I DON'T KNOW WHY IT'S HARD FOR THEM TO ENFORCE.

I JUST KNOW, UM, I, I DON'T SEE THAT WE HAVE, UH, MANY ARRESTS OFF OF THE CRIMINAL TRESPASS.

UM, IT'S HOW MANY BEEN REPORT? HOW MANY HAVE BEEN REPORTED FOR CRIMINAL TRESPASS, DO YOU KNOW? IN THE LAST YEAR, LAST 12 MONTHS? WELL, A, A LOT OF TIMES THEN I WOULD HAVE TO CHECK WITH MY TENANTS AND SEE, BUT YOU KNOW, THEY'RE CALLING ABOUT THE SAME PEOPLE.

THEY'RE COMPLAINING ABOUT THE SAME PEOPLE.

AND YOU INSPECT ALL THE SUITES WEEKLY? YES.

WE HAVE OUR MAINTENANCE CREW, THEY GO INTO THE SUITES, UM, PROBABLY EVERY WEEK.

WE LIKE 'EM TO KEEP 'EM CLEAN AND DUST FREE.

SO THEY GO IN AND SWEEP 'EM OUT, MAKE SURE NOTHING'S FLOODED, MAKE SURE, YOU KNOW, EVERYTHING'S STILL OPERATIONAL.

IN THERE YOU WOULD NOTICE THE VIOLATION AT LEAST OF THE LEASE.

ARE THEY EQUIPPED OR, UH, EDUCATED IN REGARD TO WHAT TO LOOK FOR IN VIOLATION OF LEASES? YOUR MAINTENANCE PEOPLE? WE, WE IS WHO? YOUR MAINTENANCE PEOPLE.

YOU SAID WHEN THEY, WHEN THEY INSPECT THE SUITES WEEKLY, THEY, THEY INSPECT THE VACANT SUITES.

WHAT ABOUT THE, WHAT ABOUT THE FULL SUITES? THE, THE LEASE SUITES? UM, WE ONLY, WE DO ANNUAL INSPECTIONS.

WE HAVE TO LEAD OUR INSURANCE REP AND OUR MORTGAGE REP THROUGH EACH TENANT SUITES FOR THEIR ANNUAL INSPECTIONS.

WERE YOU AWARE ON OCTOBER 30TH, LEFT RECOMMENDED, MR. CCHI, THAT'S YOUR TIME.

THANK YOU.

UM, AND I, UH, APOLOGIZE MR. JEFFERSON.

UM, I DON'T HAVE A SCREEN IN FRONT OF ME, SO I WAS NOT, UH, NOBODY INFORMED ME THAT YOU HAD JOINED THE MEETING.

UM, AND SO I'VE SKIPPED YOU IN THE QUESTIONING.

HOWEVER, IF YOU HAVE ANY QUESTIONS, I'LL RECOGNIZE YOU FOR FIVE MINUTES.

DO YOU HAVE ANY QUESTIONS? NO QUESTIONS AT THIS TIME.

ALL RIGHT.

THANK YOU.

UM, MR. HAYES, JUST A LITTLE BIT OF FOLLOW UP ON THE MONETARY ISSUES.

YOU ALL CITED A NUMBER OF, I BELIEVE MR. QUINT REFERRED TO IT AS WELL AS, AS SPENDING ABOUT A QUARTER OF A MILLION DOLLARS TOWARDS REMEDYING VIOLATIONS OVER THE PAST FIVE YEARS.

HOWEVER, MS. PERINO, IF I HAVE YOUR NAME CORRECTLY, I'M SORRY IF I DON'T, UM, YOU CITED NUMBERS FOR SECURITY THAT WERE FAR IN EXCESS OF THAT.

SO MY QUESTION IS THE, IS THE TWO 50 IN ADDITION TO THE SECURITY BUDGET, , DO YOU WANNA READ THIS? I CAN.

SO SO THIS IS, THESE ARE THE MANAGED PRIVATE SECURITY RULES? YES.

THE, THE TWO 17 WAS PRIVATE SECURITY AND OFF-DUTY PD.

UM, THAT WAS 217.6.

UM, WE HAVE THE FENCING WAS 10,009, AND WE HAD THE, UM, ELIMINATION OF THE LOITERING BENCH BY PUTTING IN A BLOCK WALL.

THAT WAS 75, 77.

WE DID, UM, LIGHTING UPGRADES AND ENHANCEMENTS.

UM, THAT WAS OVER 9,000, AND THE CAMERA INSTALLATION WAS THREE 3000.

AND WE ALSO HAD, UM, THE FURNITURE FOR THE POLICE REST AREA AT 47 55.

OKAY.

SO THE, THE BULK OF THAT TWO 50 WAS IN FACT, EITHER THE PRIVATE SECURITY OR THE POLICEMAN OFF DUTY POLICEMAN.

THANK YOU.

THANK YOU, MR. HAYES.

UH, MR. TWT, YOU GOT TWO MORE MINUTES.

UH, THANK YOU CHAIR.

I JUST HAVE ONE QUICK QUESTION.

ARE THERE ANY CAMERAS ON THE BACKSIDE OF THE CENTER RIGHT NOW? THERE ARE NOT.

UH, THE LAUNDROMAT HAS A CAMERA, AND I BELIEVE THE DRIVEWAY HAS A CAMERA, BUT WE DO DON'T HAVE CAMERAS ON THE BACK SIDE.

SO I AM WONDERING HOW MUCH OF THE CRIME HAPPENS BEHIND THE CENTER VERSUS IN FRONT? UM, I DON'T KNOW THE ANSWER TO THAT.

I DO KNOW THAT, UM, BOTH DALLAS PD AND THE PRIVATE SECURITY, UM, DRIVE A WALK THAT AREA.

UM, EACH AND THE CITY HAS AN EXHIBIT TWO WITH THE WHERE.

OKAY.

ALL RIGHT.

APPRECIATE, THANK YOU SO MUCH.

THANK YOU, MR. QUINT.

UH, MS. THANK YOU CHAIR.

UM, MS. PNO, YOU SAID THAT YOU,

[01:10:01]

YOU MANAGE 134 PROPERTIES FOR THE COMPANY.

OUR COMPANY OWNS 134 PROPERTIES, 14 OF THEM ARE MINE.

14 ARE YOURS.

AND HOW MANY ARE IN THE STATE OF TEXAS? THAT, OF THE 14 IN THE STATE OF TEXAS.

UM, THREE SHOPPING CENTERS AND ABOUT FOUR SINGLE TENANT ASSETS, WHICH WOULD BE LIKE A FREESTANDING TACO CABANA THAT WE DON'T REALLY DO ANYTHING WITH.

OKAY.

YEAH.

AND YOU DO NOT LIVE IN THE STATE OF TEXAS? I, CORRECT.

OKAY.

SO HOW OFTEN DO YOU VISIT? WE OR MY ASSISTANT ARE OUT HERE EVERY MONTH.

MY LEASING TEAM IS OUT HERE EVERY MONTH.

AT DIFFERENT TIMES? YES.

LIKE WHAT? OH, DIFFERENT TIMES.

YES.

AND WE ALSO HAVE LOCAL REPRESENTATION.

WE HAVE A THIRD PARTY PROPERTY MANAGER, DAVID SIMPSON.

HE'S WITH BRADFORD COMMERCIAL REALTY, AND HE IS AT THE PROPERTY WEEKLY.

OKAY.

SO HE IS ABLE TO CHECK IN WITH YOUR TENANTS? UM, HE DOES, YES.

RIGHT.

OKAY.

YEAH, THEY'RE ALL ON A FIRST NAME BASIS.

OKAY.

UM, I THINK THAT'S IT.

THANK YOU.

UH, OOPS.

AND I JUST HAVE A COUPLE MORE QUESTIONS.

UM, THE, SO LIKE, WE DEAL WITH A LOT OF, UH, APARTMENT COMPLEXES THAT OBVIOUSLY YOU CAN RESTRICT ACCESS MM-HMM.

TO, RIGHT.

I JUST WANNA BE CLEAR, THIS IS A SHOPPING CENTER, SO IT HAS TO BE OPEN TO THE PUBLIC.

RIGHT.

SO, UM, IS THE, IS THE PURPOSE OF, YOU SAID AT THE BACK IS A MASONRY WALL THAT HAS BARBED WIRE ON TOP OF IT? IS THE PURPOSE OF THAT JUST TO SLOW DOWN PEOPLE GOING THROUGH THE PROPERTY? IT'S A, WE SEE A LOT OF MILK CRATES ON EITHER SIDE OF THAT FENCE, SO PEOPLE ARE HOPPING OVER INSTEAD OF WALKING AROUND.

UM, AND SO WE JUST, WE WANT TO PREVENT THAT, AND THAT IS TO SLOW THEM DOWN.

UM, ALTHOUGH WHEN I WAS AT THE PROPERTY LAST NIGHT, I SAW THAT ONE HAD BEEN CUT, WHICH NOW I HAVE TO GO HAVE REPAIRED AGAIN.

UM, OKAY.

YEAH.

DO, DO YOU REGULARLY HAVE THE FENCE, UH, REPAIRED AND MAINTAINED? PROBABLY THREE TIMES A YEAR.

MY CREW HAS TO GO OUT AND RERUN SOME OF THE FENCING.

OKAY.

YEAH.

UH, BUT YOU'RE LOOKING FOR THAT? ABSOLUTELY.

OKAY.

YEAH.

UM, HOW DID YOU CHOOSE THE HOURS, UH, THAT SECURITY IS GONNA BE ON THE PROPERTY, AND DO YOU EVER CHANGE UP THOSE HOURS OR REEVALUATE? SO WE REEVALUATE CONSTANTLY HOW WE CAN BETTER COVER THAT CENTER.

UM, MY, MY FIRST COMMITMENT IS TO MY TENANTS AND THEIR, THEIR SAFETY.

UM, SO THAT WAS KIND OF THE DEFINING FACTOR IN THE HOURS OF WHEN THE TENANTS ARE OPEN FOR BUSINESS AND THEY'RE ON A SHOPPING CENTER.

UM, WE LOOK AT IT ALL THE TIME.

WE GET RECOMMENDATIONS FROM OFFICER JORDAN AND THE REDBIRD OUTREACH CENTER.

UM, WE'VE MIXED IT UP A COUPLE OF TIMES, JUST THIS PAST PROBABLY 18 MONTHS, WHERE WE KIND OF HAVE THEM LEAVE THE SHIFT EARLIER ON MONDAY AND TUESDAY, BECAUSE THOSE WERE QUIETER DAYS.

AND THEN HAVE THEM STAY LATER, YOU KNOW, OVER THE WEEKEND HOURS.

OKAY.

THANK YOU.

YOU'RE WELCOME.

UM, AND YOU STILL HAVE TIME, BUT YOU'RE DONE FOR NOW.

RIGHT.

OKAY.

AND JUST SO YOU KNOW, YOU'VE USED, UH, 20 MINUTES TILL, SO YOU'VE GOT TIME REMAIN.

UH, ALL RIGHT.

UH, MR. SKINNER, UH, IT'S YOUR TURN.

ALRIGHT, LET ME READJUST HERE.

THE C'S GONNA CALL DETECTIVE JUAN HERNANDEZ, OUR WITNESS.

UH, DETECTIVE HERNANDEZ, CAN YOU JUST TELL THE BOARD A LITTLE ABOUT YOUR CURRENT POSITION, YOUR RESPONSIBILITIES, AND, UH, YOUR EXPERIENCE THAT MAKES YOU QUALIFIED TO SPEAK ON THESE MATTERS TODAY? MORNING BOARD.

MY NAME IS, UH, DETECTIVE JUAN HERNANDEZ.

I AM A, UH, 20 YEAR VETERAN WITH THE, UH, DALLAS POLICE DEPARTMENT.

UM, I AM NOW ASSIGNED TO THE NUIS ABATEMENT UNIT.

UM, I HAVE WORKED IN THE CAPACITY AT SOUTHEAST PATROL.

UM, I'VE ALSO WORKED, UH, WITHIN THE COMMUNITY AS A NEIGHBORHOOD OFFICER, ALSO TRAINED, UH, ROOKIE OFFICERS, UM, AT SOUTHEAST PATROL, UM, THAT LED ME TO WHERE I'M AT NOW, INVESTIGATING NU OF ABATEMENT UNIT, UH, PROPERTIES.

UM, THE WAY I, UH, LOOK AT PROPERTIES USUALLY IS, UH, THEY GET RECOMMENDED FROM, UH, E EITHER FROM THE COMMAND STAFF, UH, CITY COUNCIL MEMBERS, UM, OR JUST COMPLAINTS, UH, THAT WE LOOK INTO.

SO FOR THE MOST PART IS THIS ONE SPECIFICALLY, UH, WAS BROUGHT IN TO US FROM, UH, THE, UH, SOUTHWEST COMMAND STAFF, UM, DUE TO THE, UH, CALLS FOR SERVICE OUT AT THE LOCATION.

UM, AND BECAUSE OF THE, UH, SPECIFIC RESOURCES THAT WE'RE USING OUT THERE IN DIFFERENT UNITS, UM, AND THE COST OF THE LOCATION.

UM, AND THEN

[01:15:01]

THAT'S HOW I INVESTIGATE THE PROPERTIES.

UH, WHEN I LOOK AT A PROPERTY, UM, I WANT TO FILL IT, I WANT TO SEE IT, I WANT TO FIGURE OUT WHERE WE'RE, WHAT WE'RE TALKING ABOUT.

UM, I GO OUT THERE, UH, FIRST I PUT PRELIMINARY RESEARCH ON IT, UH, WHERE I SEE IF, UH, IT MEETS OUR CRITERIA TO ACCEPT IT AS A CASE.

UH, ONCE THAT HAPPENS, I DO A FULL THOROUGH RESEARCH, UM, LOOKING INTO THE, UH, OFFENSES THAT ARE, ARE GONNA BE USED FOR THE CASE.

UM, I DO RESEARCH BY LOOKING AT THE, UH, REPORTS.

I READ THE NARRATIVES.

I ALSO, UM, PULL THE, UH, BODY CAM FOOTAGE FROM THE OFFICERS, UM, AND THE CALLS AT THE LOCATION.

UM, AND I ALSO GO OUT THERE AT THE LOCATION TO SEE, UM, WHAT, WHAT THE INCIDENTS AND HOW THIS, THESE INCIDENTS HAPPEN.

UM, SO I GO OUT THERE IN A COVERT CAPACITY, UM, IN A VEHICLE THAT'S NOT NOTICEABLE, UM, AND JUST, UM, STAY OUT THERE FOR A WHILE JUST TO SEE, UM, IF THE OFFENSES ARE HAPPENING, UM, UM, FROM MY PERSPECTIVE.

THANK YOU, DETECTIVE.

UH, SO BEFORE WE GET INTO THIS SPECIFIC GOAL, UH, PRESUMPTIONS, I'D LIKE TO JUST BRIEFLY TALK ABOUT THE LAYOUT OF THE PROPERTY.

SO CAN YOU EXPLAIN WHAT WE SEE HERE ON THIS SLIDE? SO, HERE ON THE SLIDE, YOU SEE A MAP OF THE PROPERTY.

UM, IT'S, UH, A VERY, UH, BIG LOCATION.

UM, YOU'LL SEE ON THE EAST SIDE, UM, IS WHERE WE'RE TALKING ABOUT IS THE, UH, TWO STORIES.

UM, THE OKAY.

FOOD MART IS GONNA BE ON THE WEST SIDE.

UM, AND THEN IN FRONT OF, IT'S GONNA BE THE PARKING LOT, UH, WHICH IS A BROAD AREA NEXT TO A, UH, CAPTAIN D'S.

I MEAN, UH, IT'S GONNA BE ALONG ZONE SILVERS AND BEHIND IT'S GONNA BE THE CATFISH KING.

ALRIGHT, THANK YOU.

UH, SO TO STATE CHRONOLOGICAL, I'D LIKE TO JUST BRIEFLY GO BACK TO THOSE THREE QUESTIONS WE BROUGHT TO THE BOARD.

UM, TALKING ABOUT THE HISTORY OF DEBATABLE CRIME.

JUST VERY BRIEFLY, UH, IS THERE A HISTORY OF DEBATABLE CRIME ON THE PROPERTY? AND WHAT KIND OF CRIME ARE YOU SEEING IN THAT HISTORY? UH, YES.

UH, WE HAVE, UH, FOR, FOR, LIKE I SAID, FOR THE 365 DAYS, WE HAVE, UH, 9 365 HISTORY.

UH, THE HISTORY.

YES.

UM, SO WE, I'M SORRY.

NO, THAT'S, YES.

WE HAVE A TOTAL OF, UH, WE'RE LOOKING AT ABOUT 14 AVAILABLE OFFENSES, AND THEY RANGE FROM, UH, POSSESSION OF DRUGS, UH, AND, UH, DEADLY WEAPONS.

UH, WE HAVE, UH, POSSESSION OF CONTROLLED SUBSTANCE.

WE HAVE ROBBERIES, UH, CRIMINAL MISCHIEFS, UH, AGAIN, POSSESSION OF, UH, CONTROLLED SUBSTANCE.

SO THERE'S A, A LARGE ARRAY OF, UH, DIFFERENT, UH, OFFENSE HAPPENING OUT THERE.

OKAY.

AND JUST TO CLARIFY, UH, YOU SAID 14 ON THAT FIRST SLIDE, BUT 28 AVAILABLE IS OVER THIS TIME PERIOD, CORRECT? YES, YES.

OKAY.

THE SECOND SLIDE SHOWS TOTAL OF 28.

AND IS THERE A REASON WE WENT BACK TO THE 2019 DATE THERE? UM, JUST TO SHOW THE, THE HISTORY OF, UH, OF THE LOCATION.

OKAY.

AND WAS THAT ALSO THE TIME OF THE, UH, PRIOR HCP DESIGNATION? YES.

OKAY.

ALRIGHT.

SO YOU DO BELIEVE THAT THE 28 DEBATABLE CRIMES ESTABLISHED, UH, HISTORY OF DEBATABLE CRIME.

YES.

ALRIGHT, SO MOVING ON TO THE SECOND QUESTION.

UH, DID FIVE OR MORE DEBATABLE CRIMES OCCUR AT THE PROPERTY? SO DID FIVE OR MORE AAT OCCUR? CAN YOU TELL US HOW MANY OCCURRED AND, AND KIND OF THE NATURE OF THOSE CRIMES? YES, UH, SAW A TOTAL OF, UH, NINE, UM, THAT WE, WE LOOKED INTO.

UM, AND AGAIN, THEY ALL RANGE, UM, FROM, UM, UH, DRUG SALES, UH, WHAT YOU SEE UP THERE, UM, AGGRAVATED ASSAULTS, UH, POSSESSION OF MARIJUANA, UNLAWFUL CARE, AND A WEAPON.

UM, UH, WE HAVE A TOTAL, LIKE I SAID, OF NINE.

SO, UH, BEFORE WE GET INTO THE REASONABLE MEASURES DISCUSSION, WHERE I WANNA SPEND MOST OF OUR TIME, UH, WHEN YOU LOOK AT THESE KIND OF CRIMES, ARE THERE ANY SORT OF ROOT CAUSES THAT YOU'VE IDENTIFIED THAT, UH, THE, THE CAUSES OF THESE CRIMES THAT NEED TO BE ADDRESSED BY REASONABLE CRIME PREVENTION MEASURES? UH, YES.

UM, I, I THINK IT'S, UH, THE LOITERING, THE, THE HANGING OUT, THE, THE, UM, THE ENVIRONMENT THAT, UH, THE BUSINESS, UH, SETS TO THE, UH, THE CRIMINALS OUT THERE.

UM, THEY FEEL COMFORTABLE.

UM, AS YOU SAW ONE OF THE, UH, THE OFFENSES, UM, YOU KNOW, UH, SOMEBODY WAS OUT THERE, UH, SELLING DRUGS.

UM, UM, THERE'VE BEEN SEVERAL PEOPLE OUT THERE SELLING DRUGS.

UM, THERE'VE BEEN ROBBERIES, CARJACKINGS, UM, AND ASSAULTS.

I JUST THINK THAT, UH, PEOPLE JUST FEEL COMFORTABLE OUT THERE, UM, TO, TO BE ABLE TO COMMIT THESE TYPES OF CRIMES.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

SO I, UH, SO I GUESS IN CONCLUSION, YOU DO, UH, BELIEVE THAT THESE NINE AVAILABLES SATISFY THAT FIRST, UH, CONDITION FIVE AVAILABLES OCCURRED ON THE PROPERTY? YES.

ALRIGHT.

SO, UH, SO OUR LAST QUESTION, WHERE WE WANNA SPEND OUR TIME, REASONABLE MEASURES.

UH, THIS ANALYSIS IS A BIT MORE COMPLEX.

SO CAN YOU TELL THE BOARD, UH, HOW YOU DETERMINE WHAT REASONABLE MEASURES ARE APPROPRIATE FOR A SPECIFIC PROPERTY? UH, SO WHEN WE HAVE AN ACCORD MEETING, OR EVEN BEFORE THAT, UM, YOU KNOW, WE TAKE A, THE LOCATION, THE LAYOUT OF THE PROPERTY, LIKE I SAID, WHEN I GO OUT THERE, UM, I ALSO USE OTHER DETECTIVES TO GET THEIR, UH, SECOND OPINION TO SEE EXACTLY, UM, YOU KNOW, WHAT THEY SEE TO GET DIFFERENT PERSPECTIVES.

BUT IN REALITY IS JUST TO SEE WHAT IS BEING DONE, WHAT CAN BE DONE, UM, DURING THE ACCORD MEETING, THE, UH, THE OTHER, UH, THE OWNERS HAVE THE OPPORTUNITY TO BRING, UM, WHAT THEY HAVE, UH, OR WHAT THEY THINK HAS BEEN WORKING OR WHAT THEY'VE BEEN DOING.

[01:20:01]

UM, AND THEN I'LL ALSO CONFIRM WITH THAT JUST TO MAKE SURE, UM, IF IT WORKS IN THIS SITUATION, LIKE I SAID, UM, IT'S NOT ABOUT HOW MUCH WE'RE SPENDING OUT THERE, BUT JUST HOW THE RESOURCES ARE BEING ALLOCATED, UM, TO DO, UH, TO ABATE SOME OF THIS CRIME.

I THINK THAT'S THE EMPHASIS THAT WE'RE TRYING TO, UH, EMPHASIZE HERE, IS THAT THE, THE STUFF AND THAT YOU'RE GONNA SEE, UM, YOU KNOW, TO PREVENT THE CRIME, IT'S THEIR RESPONSIBILITY.

AND I THINK THE RESOURCE COULD BE ALLOCATED, UH, DIFFERENTLY.

UH, SO YOU'VE, YOU'VE EVALUATED THIS PROPERTY AND MADE SPECIFIC RECOMMENDATIONS OF REASONABLE MEASURES, CORRECT? YES.

UH, SO ONE OF THOSE RECOMMENDED MEASURES WAS THE INSTALLATION OF SURVEILLANCE CAMERAS.

WE'VE TALKED ABOUT THOSE A LOT TODAY, CORRECT? CORRECT.

ALL RIGHT.

SO DURING THE HCP PERIOD, THAT WOULD BE THE SEPTEMBER 12TH, 2022 TO SEPTEMBER 11TH, 2023, DID THE OWNER MAINTAIN ANY, UH, SURVEILLANCE CAMERAS ON THE PROPERTY? NO.

ALRIGHT.

UH, CAN YOU DESCRIBE THE MAP THAT WE SEE ON THE, UH, GO TO THE NEXT SLIDE, THE MAP THAT WE SEE HERE, UH, WHAT ARE WE LOOKING AT? SO WE'RE LOOKING AT THE LOCATION OF THE MAP, AND AGAIN, FROM EAST, WEST, NORTH TO SOUTH.

UM, THERE ON YOUR, UM, ON THE WEST SIDE TO THE LEFT IS THE OKAY.

FOOD MART.

UM, AND THEN IT ALSO SHOWS SPECIFICALLY WHERE THE ABA OFFENSE OCCURRED.

SO THOSE WOULD BE THE NINE AVAILABLE OFFENSES THAT WE, UH, IDENTIFIED IN THAT HCP PERIOD, CORRECT? CORRECT.

UH, AND JUST, UH, DO YOU, ARE YOU AWARE OF THE HOURS OF OPERATION FOR THE OKAY.

FOOD MART? UH, OKAY.

FOOD MART IS OPEN 24 HOURS.

24 HOURS.

OKAY.

THANK YOU.

UH, SO WHY DO, WHY DO YOU THINK THAT THE, UH, CRIME IS CONCENTRATED TO THIS NORTHWEST CORNER OF THE PROPERTY? FROM, UH, MY, UH, EXPERIENCE, AND AGAIN, MY KNOWLEDGE FROM, FROM WORKING SOME OF THESE PROPERTIES, UM, PARTICULARLY ON THE, UH, OKAY.

FOOD MART SIDE, UM, THE CAMERAS THAT THEY HAVE INSTALLED, UH, WHICH ARE GONNA BE THE TWO, UH, NEAR THE ELEVATORS, UM, HAVE NO CONNECTION TO THE SIDE WHERE THE OKAY.

FOOD MAR IS AT.

UM, THEY'RE OUT OF THE RANGE.

THEY'RE, UH, ON THE CORNER.

UM, SO IT GIVES THE, UH, CRIMINALS THE OPPORTUNITY TO, TO COMMIT THOSE CRIMES IN THAT AREA OR FEEL COMFORTABLE.

RIGHT.

UM, SO WHAT SORT OF, UH, EVIDENCE DID, AND SORRY, I'M GONNA GO ON PAST THIS SLIDE, I THINK JULI, UH, SO WHAT SORT OF, UM, EVIDENCE DID THE OWNERS PROVIDE AT THE ACCORD MEETING OR SINCE THEN ABOUT CAMERAS THAT THEY'VE INSTALLED? AND, AND SPECIFICALLY IF YOU CAN DIFFERENTIATE BEFORE THE HCP DESIGNATION AND AFTER, WHAT SORT OF EVIDENCE DID THEY PROVIDE? UH, SO BEFORE THEY, UH, OR DURING THE ACCORD MEETING, THEY, UM, GAVE US THE, UH, LOCATIONS OR THE CONTRACTS WHERE THEY WERE GONNA, UM, INSTALL THE, THE TWO CAMERAS.

UM, IF YOU SEE AT THE MAP THERE, THAT'S THE GREEN SPOT IS WHERE THE TWO CAMERAS ARE AT.

THERE'S A, UH, TWO LEVEL, UM, LOCATION THAT GOES UP AND DOWN.

THOSE ARE THE TWO, UM, ELEVATORS WHERE THE, THE CAMERAS ARE, ARE PUT ONE ON, UM, AT THE FAR END.

AND THEN THE, UH, SECOND ONE'S GONNA BE THE LOCATION OF THE TOWER CAMERA, UH, THAT THEY INSTALLED IN OCTOBER, 2023.

OKAY.

AND JUST TO REITERATE, THESE WERE NOT IN PLACE DURING THE HCP PERIOD, CORRECT? CORRECT.

ALL RIGHT.

UH, WE HAVE A COUPLE OF PICTURES COMING UP ON THE SCREEN.

UH, CAN YOU TELL US, OH, SORRY.

UH, WE'RE LOOKING AT A DIFFERENT LAYOUT OF THE PROPERTY.

SO CAN YOU TELL US KIND OF WHAT WE'RE SEEING BASED ON, WE JUST HAD AN OVERHEAD.

WHAT ARE WE SEEING HERE? YEAH, SO THIS IS GONNA BE THE, IF YOU LOOK AT TO THE RIGHT THAT'S GONNA BE THE EAST SIDE IS, UH, THE LOCATION OF THE CAMERAS THAT WERE INSTALLED SEPTEMBER, 2023.

UM, AND THEN ON THE FAR LEFT, IT'S GONNA BE THE WEST SIDE WHERE THE LOCATION OF OKAY.

FOOD MART IS.

OKAY.

SO MOST OF THE CRIME WAS HAPPENING DOWN AT THE OKAY.

FOOD MART.

THESE, UH, ELEVATOR CAMERAS ARE PRETTY FAR AWAY FROM THAT, CORRECT? CORRECT.

SO TELL US WHAT THESE PICTURES SHOW ON THE SCREEN.

UH, SO THIS IS GONNA BE WHERE THE CAMERAS, YOU SEE THE FIRST ONE, IT'S GONNA BE THE CAMERA ON THE TOP NEXT TO THE DOOR.

UM, THAT'S THE, UH, CAMERA THAT'S FACING SOUTHEAST SIDE.

UM, AND THEN, UM, THE PHOTO THAT YOU SEE IN THE MIDDLE, UH, IS A PERSPECTIVE OF THE, UH, CAMERA VIEW, UM, AND HOW FAR IT GOES.

IF YOU LOOK WAY DOWN THERE, UM, IT'S GONNA BE WHERE THE CORNER TURNS TOWARDS THE OKAY.

FOOD MART.

AND THAT WOULD BE WHERE MOST OF THE CRIME IS OCCURRING, CORRECT? CORRECT.

IF YOU FOLLOW, UM, ALL THE WAY DOWN, YOU MAKE A, FOR A RIGHT, YOU'LL SEE ON THE LEFT HERE THE OKAY.

FOOD MART IS WHERE IT'S AT.

OKAY.

SO YEAH, THE, DESCRIBE THIS, THIS ANGLE OF THE PROPERTY.

JUST ORIENT US AGAIN.

YEAH.

SO THEN, LIKE I SAID, THE, THE FAR RIGHT SIDE'S GONNA BE WHERE THE CAMERA'S AT, WHERE THE, THE ARROWS ARE PLACED ON THE LEFT, IT'S GONNA BE THE OKAY.

FOOD MART ENTRANCE WHERE MOST OF THE ACTIVITY OCCURS.

UM, AND THEN HERE AT THE BOTTOM RIGHT, UM, IS THE LOCATION OF THE, UH, CAMERA TOWER THAT THEY HAVE.

OKAY.

SO WE HAVE SOME PICTURES OF THE TOWER CAMERA HERE.

SO JUST TELL US A LITTLE BIT ABOUT HOW YOU VIEW THE TOWER CAMERA.

IS THIS A SUFFICIENT MEASURE FOR DOWN HERE FOR MONITORING THIS CRIME OVER AT THE OKAY.

FOOD MART? WHAT, UM, I HAVE NOT BEEN PROVIDED ANY OF THEIR FOOTAGE AND SEE EXACTLY HOW, OR, UM, HOW IT'S, UH, RECORDED OR IN WHICH DIRECTION IT FACES THE, THERE ARE SEVERAL CAMERAS, AND I'M SURE THEY DON'T, THEY DO POINT TOWARDS THE DIRECTION OF, UH, THE

[01:25:01]

FUMA, BUT I HAVE NOT BEEN PROVIDED THAT FOOTAGE.

OKAY.

DID, DID YOU REQUEST FOOTAGE? YES.

OKAY.

UM, NOW IS IT A CONCERN OF YOURS THAT THIS ISN'T, UH, TEMPORARY AND I MEAN, IT CAN BE MOVED, THEY CAN PUT IT DIFFERENT PLACES, OR IT COULD GO AWAY.

SO DOES THAT FACTOR INTO YOUR DECISION? YES, IT DOES.

UM, IT'S THE SAME CONCEPT WITH, UM, THE CAMERA, UH, TRAILER THAT, UH, WE HAVE, WE MOVE THEM PERIODICALLY, UH, WITHIN A COUPLE OF DAYS TO DIFFERENT LOCATIONS TO DETER CRIME.

BUT IT'S, IT'S A VERY, VERY, UH, SMALL, UM, UH, MEASURE, UM, TO DO IT.

UM, THIS HAS BEEN THERE FOR A WHILE, BUT AS YOU CAN SEE, IT HAS WHEELS.

IT COULD BE MOVED, SO IT CAN MOVE AROUND TO THE DIFFERENT LOCATIONS.

OKAY.

UH, SO WE'RE GONNA LOOK AT ONE FINAL ANGLE.

SO TELL US ONE LAST TIME WHAT, WHAT WE'RE SEEING HERE.

UM, HERE YOU'RE GONNA SEE THE, UH, WHICH IS GONNA BE THE NORTHWEST CORNER OF IT, UH, WHERE THE OKAY.

FOOD MARK KIND OF TURNS AROUND TO, TOWARDS BACK, UM, WHERE YOU SEE THE INDIVIDUAL THAT, UH, HANGS OUT THERE.

UM, THAT'S ALSO A LOCATION WHERE PEOPLE ARE, HAVE BEEN SEEN, UM, DRINKING AND HANGING OUT.

UM, BUT THAT'S THE FRONT OF THE OKAY.

FOOD MARKET.

OKAY.

SO GOING BACK TO OUR OVERHEAD MAP, JUST TO WRAP THIS, UH, THIS ALL UP, WHAT ARE YOUR THOUGHTS ON THE PLACEMENT AND TYPE OF CAMERAS THAT, THAT THE OWNER HAS INSTALLED AND, AND THE, THE LOCATIONS WHERE THE CRIMES OCCURRED? UM, FROM WHERE THE CRIMES HAVE OCCURRED, I THINK ADDITIONAL CAMERAS ARE NEEDED, UM, BECAUSE OF THE FACT THAT, UM, ONCE YOU HAVE, UH, EITHER SIGNAGE OR YOU HAVE, UH, CAMERAS THAT ARE INSTALLED, UM, THEY DETERS THE, THE CRIMINALS FROM GOING SOMEWHERE.

THEY DO NOT WANT TO BE RECORDED, UM, TO, TO BE PERFORMING THEIR, UM, THEIR CRIMES.

UM, BUT THEN AT THE SAME TIME, THE, THE CAMERAS THAT THEY HAVE AT THE FAR END, UM, I DON'T THINK ARE CAPABLE OF, OF ACTUALLY GETTING ANY OF THE FOOTAGE THAT'S AT THE FAR END.

OKAY.

AND WHAT, WHAT ABOUT CAMERAS ON THE REAR OF THE PROPERTY? IS THAT SOMETHING YOU THINK WOULD BE HELPFUL HERE? OF COURSE.

I KNOW WE TALKED ABOUT THE, UH, THE FENCE IN THE BACK AND HOW THAT, UH, HAS, IS, HAS A HOLE IN IT.

UM, IT'S CUT.

UM, AND THEN THAT'S WHERE, UH, PEOPLE HANG OUT, DRINK AND THE HOMELESS, UM, HANGOUT, UH, DURING THE DAY.

OKAY.

UH, SO JUST A FEW MORE QUESTIONS ABOUT CAMERAS.

UM, STATE THAT THE CAMERAS SHOULD BE MONITORED, UH, HOW ARE THESE CAMERAS MONITORED? UM, I, I DON'T KNOW.

I DON'T KNOW HOW THE CAMERAS ARE MONITORED.

I HAVEN'T VERIFIED IT.

UM, AND THEN I DO NOT HAVE ANY INFORMATION OF HOW THE, UH, THE VIDEO IS STORED, UM, AT THE LOCATION.

UM, OVER HOW MANY DAYS.

AND HAVE YOU REQUESTED THIS INFORMATION? YES, I HAVE.

OKAY.

UH, ARE THERE ANY OTHER CAMERAS ON THE PROPERTY THAT THE OWNER MAINTAINS OTHER THAN THESE THAT WE'VE DISCUSSED THAT THE OWNER MAINTAINS? NO.

OKAY.

ARE THERE OTHER CAMERAS ON THE PROPERTY? YES.

AND, AND SO WHAT ARE THOSE, AND WHY DO YOU CONSIDER THOSE DIFFERENTLY? SO, UH, AS IT'S ONE OF OUR INSPECTIONS AND SEVERAL INSPECTIONS WE'VE BEEN OUT THERE, UM, SPEAKING WITH SOME OF THE TENANTS, UM, THEY HAVE PROVIDED THEIR OWN CAMERA SYSTEM DUE TO THE LACK OF THE OWNERSHIP, UM, PROVIDING THOSE CAMERAS FOR THEM, ESPECIALLY AT THE OKAY.

FOOD MART.

UM, AND ONE OCCASION WE WENT OUT THERE SMOKE WITH THE, UH, GENERAL MANAGER OR THE MANAGER OF THE OKAY.

FOOD MART, MR. GERONIMO.

UM, HE DID SPECIFY THAT HE HAD ISSUES, UM, GOING ON IN FRONT OF HIS STORE.

UM, AND HE DID NOT ONLY PROVIDE HIS OWN CAMERA SYSTEM THAT HE COULD WATCH FROM THE INSIDE, BUT HE ALSO PROVIDED, UH, SECURITY INSIDE THE STORE TO AVOID SOME OF THE SITUATIONS THAT WERE GOING ON OUT THERE.

OKAY.

UH, IN YOUR EXPERIENCE, DO YOU THINK THAT THE CURRENT CAMERAS THAT ARE IN PLACE THERE, UM, ARE SUFFICIENT, UH, FOR A REASONABLE CRIME PREVENTION MEASURE? OR SHOULD THERE BE MORE? THERE SHOULD BE MORE.

OKAY.

AND, AND YOU LOOKING EVEN FURTHER BACK TO THE HCP PERIOD, UH, WAS THE CAMERA THE CAMERA SITUATION SUFFICIENT AT THAT TIME? NO.

OKAY.

ALRIGHT.

SO I'D ALSO, UH, I'D LIKE TO MOVE ON TO, IS THE, UH, THE OTHER THING WE'VE BEEN TALKING ABOUT TODAY, THE SECURITY, THE OFF-DUTY POLICE OFFICERS AND THE PRIVATE SECURITY.

UM, SO YOU BELIEVE THAT SECURITY WOULD ADDRESS THOSE ROOT CAUSES OF THE CRIME THAT YOU, YOU DISCUSSED EARLIER? YES.

I THINK, UM, IF YOU HIRE LICENSED SECURITY, UM, THAT'S AT THE LOCATION, AT THE APPROPRIATE HOURS, UM, DUE TO THE CRIME TRENDS AND IF, UH, THE OWNERSHIP WOULD HAVE THAT INFORMATION WOULD BE ALLOCATING THE RESOURCES TOWARDS AT TIMES.

OKAY.

AND THE OWNERSHIP DID HAVE SECURITY IN PLACE DURING THE HCP PERIOD, CORRECT? CORRECT.

OKAY.

DO YOU KNOW WHAT THE SCHEDULE, UH, HAVE YOU BEEN PROVIDED THE, WELL, WE'LL COME BACK TO THAT.

UM, HAVE YOU BEEN PROVIDED WITH THE DETAILS OF, OF THE PATROL? SO LIKE THEIR, UM, ACTIVITY LOGS, INCIDENT REPORTS, THINGS LIKE THAT? NO.

SO I USUALLY, UH, REQUEST THOSE DURING THE COURT MEETING OR AFTER, JUST TO KEEP IN CONTACT WITH THE OWNERS TO TRY TO GET A BETTER UNDERSTANDING.

AND AGAIN, JUST TO CONFIRM OF, OF THE INFORMATION THEY PROVIDED, I HAVEN'T, I HAVE, UM, THE HOURS.

UM, BUT AGAIN, TALKING TO SOME OF THE, UH, THE SECURITY COMPANY, UH, WHEN THEY PROVIDED THE CONTRACT, UM, I ASKED IF THE LOGS, ACCORDING TO THEM, THEY ONLY PROVIDE LOGS IF AN INCIDENT HAPPENS.

UM, AND I DID ASK, UH, FOR THEM, THEY DID NOT PROVIDE THOSE.

OKAY.

WE'LL COME BACK TO SOME OF THOSE OTHER, UH, ASPECTS OF WHAT THE SECURITY COMPANY KEEPS UP

[01:30:01]

WITH.

BUT RIGHT NOW I'D LIKE TO TURN TO THE SECURITY SCHEDULE.

SO, UH, WE'VE BEEN PROVIDED ONE, UH, SECURITY SCHEDULE FOR THE, THE POLICE AND THE OFF-DUTY OR, AND THE PRIVATE SECURITY, CORRECT? YES.

SO CAN YOU KIND EXPLAIN THE CHART THAT WE'RE SEEING HERE AND WHAT IT MEANS? SO THE, THE CHART HERE, UH, KIND OF SHOWS THE, THE DAYS OF THE WEEK THAT EITHER THE, UH, DPD OFFICERS ARE WORKING OFF DUTY AND THE SECURITIES ARE WORKING, UM, ALSO ON DUTY.

UM, AS YOU CAN SEE WITH THE STARS, IT KIND OF SHOWS WHERE THE, WHAT, WHAT TIME THE AVAILABLE OFFENSE OCCURRED.

UM, AND EVEN THOUGH THE SECURITY WAS THERE, IT DID OCCUR.

UM, AND THEN ON THE FAR RIGHT YOU'LL SEE WHERE IT HAPPENED AFTER THE FACT WHERE THERE WAS NO COVERAGE OF EITHER SECURITY OR A DALLAS POLICE OFFICER AT THAT TIME.

OKAY.

AND THESE, THIS IS BASED OFF OF THE SECURITY SCHEDULE PROVIDED TO US, UH, IN FEBRUARY OF THIS YEAR, CORRECT? CORRECT.

ALRIGHT.

UH, SO A COUPLE OF OTHER QUESTIONS ABOUT THE SECURITY GUARDS.

UH, IS IT IMPORTANT THAT THE SECURITY GUARDS BE LICENSED? UH, YES, OF COURSE.

OKAY.

SO ARE THE SECURITY GUARDS WORKING HERE? ARE THEY LICENSED? I WAS NOT PROVIDED WITH THAT INFORMATION.

OKAY.

HOW, UH, YOU ASKED FOR IT, HOW DID YOU GO ABOUT TRYING TO FIND THAT OUT? UH, FIRST I ASKED, UM, DURING THE ACCORD MEETING JUST TO SEND A, UM, INFORMATION OF, OF, YOU KNOW, WHO THEY, THEIR COMPANY WAS.

THEY DID PROVIDE THAT.

UM, AS I SPOKE WITH, UH, THE INFORMATION ON THE CONTRACT ON THE INDIVIDUAL I SPOKE WITH, WHICH I BELIEVE WAS THE OWNER OF THE COMPANY, UM, HE DID NOT PROVIDE AFTER SEVERAL ATTEMPTS, UM, SPEAKING WITH HIM ON OCTOBER THE 30TH, 2023, AND JANUARY THE FIFTH, 2024.

OKAY.

UH, HAVE YOU BEEN ABLE TO, UH, BE PRESENT ON THE PROPERTY AND OBSERVE THE PRIVATE SECURITY GUARDS, UH, DOING THEIR PATROLS AND SEEING WHAT THEY DO? UM, NO.

OKAY.

SO, HA HAVE YOU BEEN ON THE PROPERTY, UH, DURING THE TIMES WHEN THEY WERE SCHEDULED? YES.

AND SO WHAT DID YOU SEE REGARDING SECURITY? UM, BASICALLY FROM THE, THE SECURITY ASPECT, I DID NOT SEE THE SECURITY GUARDS DURING THAT TIME.

OKAY.

UM, HAVE YOU SPOKEN WITH THE BUSINESS OWNERS? I KNOW WE JUST TALKED ABOUT THE BUSINESS OWNERS HAVING THEIR OWN CAMERAS.

HAVE YOU SPOKEN WITH THE BUSINESS OWNERS OF THE PROPERTY ABOUT SECURITY AT THE, AT THE PROPERTY? YEAH.

DURING, UH, ONE OF MY INSPECTIONS, AND AGAIN, BECAUSE OF THE FACT THAT THEY WERE GIVING US THIS INFORMATION, AGAIN, I LIKE TO VERIFY AND CONFIRM.

UM, WE SPOKE WITH A LOT OF THE TENANTS THAT WERE OUT THERE.

WE WENT TO ALL THE TENANTS THAT WERE AVAILABLE OR OPEN DURING THE DAY, UM, AND KIND OF GET A FEEL OF WHAT THEY THOUGHT OF THE SECURITY.

A LOT OF THE CONCERNS WERE THAT, UH, THEY WERE UNABLE TO GET AHOLD OF SECURITY.

UM, WE WERE THERE DURING THE DAY.

WE DID NOT SEE THEM, WE DID NOT OBSERVE THEM.

WE, BUT AGAIN, FROM THERE ASPECT IS THAT IT'S VERY HARD OR THEY DON'T SEE THEM.

UM, AGAIN, THAT WAS ONE OF THE CONVERSATIONS.

I ALSO HAD MR. AT THE OK FOOD MART.

UH, WE ALSO TALKED TO THE, UH, DENTIST'S OFFICE, DENTIST'S OFFICE.

THEY PROVIDES, SAY THEY DID HAVE A, A, UM, A PHONE NUMBER THAT THEY COULD REACH.

UM, THEY CAN, BUT SOMETIMES THEY DON'T, UH, ANSWER.

UM, SPEAKING TO THE, UH, ATTACK SERVICES THAT WAS OUT THERE, UM, THE, UH, INDIVIDUAL THAT'S RUNNING THE ATTACK SERVICES, UM, SHE FELT THAT IT COULD BE EXTENDED.

SOMETIMES SHE DOES STAY LATE.

UM, AND SHE WAS A FEMALE, AND TO HER, UM, THAT'S IMPORTANT BECAUSE IF SHE DOESN'T WANT TO GET ROBBED OR, OR IT'S JUST A SKETCHY PLACE WHEN SHE LEAVES AT NIGHTTIME.

UM, AND AGAIN, JUST JUST TO KIND OF HAVE THAT PRESENCE AND THAT KNOWLEDGE, UH, WITH THE, UH, THE TENANTS DID THE, DID THE STORE OWNERS, DID THEY KNOW THE SECURITY GUARDS? DID THEY COME IN AND, AND TALK TO THEM OR ANYTHING LIKE THAT? DO YOU KNOW? NO, THEY, THEY DON'T, THEY DON'T COME IN.

UM, AND EVEN SPEAKING WITH, UH, ONE OF THE, UM, WHEN I SPOKE WITH THE INDIVIDUAL FROM THE SECURITY COMPANY, UM, HE DID SAY THAT, UM, THEY WERE NOT ALLOWED TO GO INSIDE, WHICH IS KIND OF ODD.

UM, I THINK IF YOU'RE GONNA HIRE A COMPANY, UM, OR A SECURITY COMPANY THAT'S GONNA PROVIDE YOU SERVICES, UM, AS A OWNER, YOU SHOULD BE ABLE TO DICTATE TO THEM WHAT YOU WANT FROM THEM.

UM, AND THE BASIS IS TO HAVE THAT KNOWLEDGE AND THAT EXPERIENCE TO SAY, HEY, LET'S GO INSIDE THERE AND, AND SEE WHAT'S GOING ON IN EACH INDIVIDUAL, UM, TENANT'S LOCATION, JUST TO, TO GET THE, TO GET FAMILIARIZED WITH THE PERSON THAT WORKS THERE.

OKAY.

SO IT'S IMPORTANT THAT THE, THE PROPERTY OWNER TAKE A, AN ACTIVE ROLE IN DIRECTING SECURITY OFF-DUTY, PD, ANYTHING LIKE THAT? IT IT'S REALLY ON THE OWNER TO, TO TELL THEM WHAT THEY NEED TO BE DOING OUT THERE.

RIGHT.

OF COURSE.

I MEAN, THEY, THEY'RE WORKING FOR, FOR THE OWNERS.

OKAY.

SO WITH THAT IN MIND, LET'S TALK A LITTLE BIT ABOUT OFF-DUTY POLICE.

WE'VE HEARD A LOT ABOUT THAT TODAY.

SO HOW, HOW DOES THE, HOW DO YOU FACTOR IN OFF-DUTY POLICE OFFICERS WORKING OUT THERE? IS THAT DIFFERENT FROM SECURITY? DO YOU KNOW? DO YOU REGARD THAT DIFFERENTLY? YEAH, I MEAN, UH, YOU HAVE OFF-DUTY OFFICERS.

UM, THEY HAVE THE OPPORTUNITY TO, UM, TO DO DIFFERENT TYPES OF STUFF THAT SECURITIES DON'T DO.

UM, I THINK THE PRESENCE, IT'S, IT'S THERE.

UM, BUT AGAIN, WHEN YOU HAVE THE SERVICES, UM, YOU WANT TO ALLOCATE 'EM TO SEE EXACTLY WHAT THEY'RE DOING.

SO AGAIN, WITH, WITH AN OFFICER THERE, UM, IF IT'S IN THE MORNING, IN THE EVENING, UH, FOR EXAMPLE, YOU WANT TO, TO HAVE THEM CRIMINAL TRESPASS PEOPLE, UM, IF YOU HAVE THE CRIMINAL TRESPASS AFFIDAVIT, YOU WANT TO USE IT, UM, WHERE IF THERE'S AN INDIVIDUALS HANGING OUT OR

[01:35:01]

LOITERING OR JUST OUT THERE, THEN THEY CAN GO AHEAD AND, UM, CRIMINAL TRESPASSING, WHICH THE FIRST TIME WOULD BE A WARNING.

THE SECOND TIME WOULD BE AN ARREST IF THEY'RE SEEN BACK ON PROPERTY.

UM, THAT AVOIDS, AND THAT PUTS THE WORD OUT THERE TO EITHER THE HOMELESS PEOPLE, UH, THE PEOPLE THAT ARE HANGING OUT OR LOITERING THAT, HEY, THEY'RE, THEY'RE DOING THEIR JOB AND, AND THEY'RE OUT HERE LOOKING FOR US.

SO.

OKAY.

UH, SO DO YOU FEEL THAT, UM, ACTUALLY SCRATCH THAT.

WE'LL, WE'LL MOVE ON.

SO I'D LIKE TO TALK ABOUT SOME OF THE OTHER REASONABLE CRIME PREVENTION MEASURES THAT YOU RECOMMENDED HERE.

SO, GOT A CHART HERE THAT HAS, UM, SOME OF THE, THE KEY ONES THAT YOU AND I IDENTIFIED.

SO IF YOU JUST VERY, VERY QUICKLY GO THROUGH THESE AND TALK ABOUT WHAT, HOW THEY'RE IMPORTANT AND WHAT'S BEEN IMPLEMENTED AND WHAT HASN'T.

SO, I KNOW WE TALKED ABOUT THE, UH, THE INSTALLATION, REGULAR MONITORING OF THE, OF THE SURVEILLANCE CAMERAS AND THE NUMBER OF SURVEILLANCE CAMERAS, WHICH I, I THINK COULD BE UPGRADED A LITTLE BIT MORE.

UH, IT NEEDS TO BE A LOT MORE SPECIFICALLY WHERE YOUR CRIME IS OCCURRING.

UM, WE DID, WE DID TALK ABOUT THE CONTROL ACCESS TO THE PROPERTY WHERE NON-CUSTOMERS ARE ROUTE TO REMAIN.

THAT KIND OF GOES BACK INTO THE LOITERING AND THE CRIMINAL TRESPASS ALSO, WHERE THAT NEEDS TO BE ENFORCED.

UM, THE LITTER, LIKE I SAID, IT'S, IT'S BEEN MAINTAINED, UM, HIGHER LICENSE SECURITY.

I SAID I, I HAVEN'T NOT BEEN PROVIDED WITH THEIR, UH, LICENSE INFORMATION, UH, FOR ME TO CONFIRM, UH, TO SERVICES.

UH, FOR ME, UM, LOOKING AT A, AT A LARGE PARKING LOT AREA, UM, YOU DO HAVE PEOPLE THAT JUST PARK AND HANG OUT.

UM, IF I'M A DRUG DEALER, IF I'M A A PERSON THAT'S OUT THERE SELLING DRUGS, I'M GONNA GO OUT THERE AND HANG AROUND FOR A WHILE.

SO IF THERE'S BUSINESSES THAT FEEL THAT THIS VERSUS SUSPICIOUS SELLING DRUGS OR WHATEVER IT IS, UM, IF, IF THEY GET OUT THERE AND THEY'RE NOT CONDUCTING ANY BUSINESSES WITH THE, WITH THE TENANTS, THEN THEY CAN BE REMOVED WITH THE TOWING SERVICE.

SO, OKAY.

AND THEN HERE'S A, A FEW MORE.

I JUST WOULDN'T PUT IT ON ONE SLIDE, SO CONTINUE ON.

NO, THAT'S FINE.

UM, AND THEN REVIEW THE POLICE REPORTS.

I THINK WHEN YOU REVIEW POLICE REPORTS THAT ARE PROVIDED ON A MONTHLY BASIS, IT GIVES YOU A VIEW OF WHERE AND WHEN YOU CAN ALLOCATE THOSE RESOURCES THAT YOU ARE PROVIDED, UH, RIGHT NOW.

SO, UM, THAT'S VERY IMPORTANT.

UH, UH, THE LEASE THAT INCLUDES CRIME PREVENTION ADDENDUM AND ENFORCING THESE VIOLATIONS.

I MEAN, WE CAN LOOK AT ENFORCING LEASE VIOLATIONS, UH, TO HELP, ESPECIALLY WHEN IT COMES TO, UH, THE DRUG PARAPHERNALIA.

LET ME ASK YOU A QUESTION RIGHT HERE.

SO, , MR. SKINNER, YOU'VE GOT FIVE MINUTES.

THANK YOU.

UH, SO REGARDING THESE, THESE TWO THAT YOU JUST SAID, UM, HAVE YOU BEEN PROVIDED, UH, THE WRITTEN LEASE OR THE POLICE, THE POLICE LOGS THAT THEY'VE KEPT FOR THIS PROPERTY? NO.

OKAY.

UH, AND THEN THERE WAS ALSO A MENTION OF, OF THE DRUG PARAPHERNALIA.

SO WHAT, WHAT DO WE SEE HERE? SO, UH, YOU'LL SEE HERE THAT, UH, IT'S A DRUG PARAPHERNALIA.

AND, AND AGAIN, IT ALL DEPENDS ON, ON THE LEASE AND, AND WHAT, UM, WE'VE, UM, ENCOURAGED AND WE'VE, UH, SPOKEN WITH THE, UH, MANAGEMENT AND OWNERSHIP.

UM, THESE ARE JUST, UH, TOOLS, UH, TOOLS FOR DRUG DEALERS.

IF YOU CAN SEE AT THE BOTTOM RIGHT THERE, UM, THERE ARE SEVERAL BAGGIES, UM, ACCORDING TO SOME OF THE BUSINESSES THAT, AND NOT PARTICULAR THIS ONE, UH, THESE ARE USED FOR, UM, WERE TECHNICALLY WERE MEANT FOR JEWELRY.

UM, BUT AS WE SEE THERE ARE DIFFERENT TYPES OF COLORS.

UH, WITH MY, UH, EXPERIENCE, EACH DIFFERENT COLOR USUALLY MEANS IT'S A DIFFERENT SIZE OF AMOUNT OF, UH, DRUGS THAT ARE BEING SOLD.

IF IT'S, UH, CRACKED METH, UM, HEROIN, WHATEVER IT IS, IT'S USUALLY A DIFFERENT COLOR AND A DIFFERENT AMOUNT ON TOP.

IT'S GONNA BE, UH, THE TAR BARRELS AND THE, UH, BOTTOM.

IT'S GONNA BE THE GLASS CONTAINERS THAT ARE USED FOR CRACKLE COCAINE, UM, THAT ARE PUT IN THERE TO, UM, AS USED AS A FILTER.

OKAY.

UH, SO IN THE INTEREST OF TIME, I'M GONNA MOVE AHEAD, UH, WE CAN GO TO THE NEXT SLIDE.

46.

UM, SO YOU WERE PROVIDED THE EVIDENCE, WE'VE, WE'VE SEEN ALL THE EVIDENCE IN THE EXHIBITS, RIGHT? SO, UM, IN YOUR OPINIONS, DID THE EVIDENCE THAT THEY PROVIDED, UH, DID IT REBUT THE HCB PRESUMPTION? DID IT, DO YOU BELIEVE THAT THEY PROVIDED SUFFICIENT EVIDENCE TO SHOW THAT ALL THE REASONABLE IMPLEMENTATION, UH, CRIME MEASURES HAD BEEN IMPLEMENTED? NO.

OKAY.

UH, AND SO ONE LAST TOPIC I'D LIKE TO DISCUSS IS THE PRIOR HCP, UH, DESIGN, WELL, PRE PRELIMINARY DESIGNATION OF THIS PROPERTY.

WERE YOU INVOLVED WITH THAT, UH, DESIGNATION AT THAT TIME? NO.

OKAY.

HAVE YOU HAD A CHANCE TO LOOK OVER THE DOCUMENTS THAT THE, THE CITY HAS? I REVIEWED A COUPLE, YES.

OKAY.

AND THERE WAS, THERE WAS ALSO A RECOMMENDATION OF CRIME PREVENTION MEASURES PRESENTED AT THAT TIME, CORRECT? CORRECT.

OKAY.

AND WERE THOSE CRIME PREVENTION MEASURES, UH, SUBSTANTIALLY SIMILAR TO THE ONES THAT YOU, YOU, UH, SUGGESTED THIS TIME? YES.

DID THEY REQUEST THAT CAMERAS BE INSTALLED? YES.

OKAY.

BUT AS WE SAW, CAMERAS WEREN'T INSTALLED UNTIL SEPTEMBER OCTOBER OF, OF LAST YEAR, CORRECT? YES.

ONLY TWO.

OKAY.

UH, SO I GUESS, UH, I'M JUST GOING TO GO ON TO THE END OF OUR, OUR PRESENTATION.

THERE ARE THE THREE QUESTIONS THAT WE PRESENT TO THE BOARD.

UM, AND, UH, DID THE OWNER OF THE PROPERTY FAIL TO IMPLEMENT REASONABLE CRIME PREVENTION MEASURES? THAT'S OUR FINAL QUESTION.

AND, UH, IN YOUR DETERMINATION, WHAT DID THEY FAIL? YES.

ALRIGHT.

UH, NO FURTHER QUESTIONS AT THIS TIME.

THANK YOU.

ALL RIGHT.

ARE YOU, MR. SKINNER, UH, DO YOU HAVE ANY QUESTIONS FOR DETECTIVE FERNANDEZ? YES.

ALL RIGHT.

AND

[01:40:01]

YOU HAVE GOT EIGHT MINUTES REMAINING.

OKAY.

DETECTIVE FERNANDEZ, YOU HAVE 10 MINUTES REMAINING.

DETECTIVE FERNANDEZ, I JUST, UH, HAD A COUPLE QUESTIONS ABOUT SOME OF YOUR, UH, SOME OF YOUR TESTIMONY.

UM, WHEN YOU, WHEN YOU'RE TALKING ABOUT HOW YOU ASSESS THE REASONABLE MEASURES FOR A PROPERTY, UM, IN CONJUNCTION WITH DOING SO, DO YOU REVIEW THE ORDINANCE OF THINGS THAT ARE, THAT ARE DEEMED TO BE REASONABLE MEASURES? AND I'M TALKING SPECIFICALLY ABOUT SECTION 27 DASH 49 B ONE.

YES, YOU DO.

YOU DO.

WE'RE WE'RE GETTING AN ECHO FROM SOMEWHERE.

UM, I DON'T KNOW IF SOMEBODY NEEDS TO MUTE.

TRY AGAIN HERE.

UM, SO YOU REVIEW THIS LIST OF SEVEN ITEMS, AND THEN I SEE THAT YOU'VE, YOU'VE COME UP WITH ESSENTIALLY YOUR OWN LIST OF THINGS THAT, THAT THE DPD SAYS ARE REASONABLE, UM, THAT ARE CERTAINLY MORE BURDENSOME THAN THE LIST HERE.

AND SO MY QUESTION IS, WHAT IS THE INTERPLAY BETWEEN THIS LIST OF THINGS THAT ARE PRESCRIBED BY ORDINANCE TO BE REASONABLE AND THE MEASURES THAT THE DPD PRESCRIBES? BECAUSE IF A PROPERTY OWNER SEES THE ORDINANCE AND COMPLIES WITH SIX OUT OF THE SEVEN ITEMS FROM THE ORDINANCE, HOW CAN THEY KNOW THAT THEY ARE IN COMPLIANCE WHEN YOU WALK OUT TO THE PROPERTY? AND IT IS A VERY SUBJECTIVE DETERMINATION.

YOU SAID QUOTE, YOU LOOK AT WHAT IS BEING DONE AND WHAT CAN BE DONE.

THAT SOUNDS PRETTY OPEN-ENDED AND CERTAINLY NOT CONDUCIVE TO A PROPERTY OWNER HAVING SOME RESOLVE THAT THEY ARE ABLE TO COMPLY WITH THIS ORDINANCE.

AND SO WHAT WE HAVE HERE, WE HAVE AN EXACT SITUATION WHERE THE PROPERTY OWNER IS COMPLYING WITH SIX OF THE SEVEN THINGS THAT ARE DEEMED REASONABLE MEASURES BY THE ORDINANCE.

AND YET YOU ARE COMING IN AND SAYING, ACTUALLY, NO, WE ARE PUSHING THAT LINE BACK AND HERE'S WHAT YOU HAVE TO DO.

SO HOW, HOW DO YOU RECONCILE THOSE TWO THINGS WHERE WE HAVE, WE HAVE A LAW THAT SAYS THESE ARE REASONABLE, AND THEN YOU COME IN AND SAY, NO, THEY'RE, THEY'RE NOT.

HERE'S WHAT I'M SAYING IS REASONABLE.

CAN YOU EXPLAIN THAT TO ME? SO YOU'RE ASKING ME HOW IS IT THAT I COME ABOUT MAKING MY DETERMINATION? IS THAT THAT WHAT YOU'RE ASKING? YES.

AS BETWEEN THOSE TWO ITEMS, HOW DO YOU RECONCILE, UH, THE THINGS THAT ARE DEEMED REASONABLE? HOW DO YOU RECONCILE A PROPERTY OWNER COMPLYING WITH SIX OF THOSE SEVEN AND YET STILL THE MEASURES THEY'RE TAKING AREN'T REASONABLE? SO I USE, UH, THE, AGAIN, THE EF TED PRINCIPLES.

I USE DIFFERENT TYPES OF, OF, OF, UH, IMPLEMENTATION, HOW TO MONITORING THE SURVEILLANCE, BUT THEN ALSO TO THE, THE EXPERIENCE THAT I HAVE WITHIN SOME OF THE OTHER, UH, CASES THAT I'VE WORKED.

UM, AND AGAIN, EACH CASE IS VERY DIFFERENT.

SO DEPENDING ON THE WAY IT'S SEIZED AND, AND THE WAY IT'S, IT'S OUT THERE, UM, YOU KNOW, ONE OF THE ONES THAT SAYS IS, UH, COMMUNICATING, UH, AVAILABLE CRIMINAL ACTIVITY.

UM, YOU KNOW, JUST HAVING THAT COMMUNICATION, THAT LINE OF COMMUNICATION, UM, YOU KNOW, ENFORCING THE LEASE CLAUSE.

UM, WE'VE TALKED ABOUT THAT AND WE'VE KIND OF ENFORCED AND, AND WE'VE HAD THESE CONVERSATIONS DURING COURT MEETINGS, UH, WHERE, UH, YOU KNOW, YOUR CLIENT THAT HAS HAD THE OPPORTUNITY TO ASK ANY QUESTIONS.

UM, BUT, YOU KNOW, THE COMMUNICATION HASN'T BEEN THERE.

SO, YOU KNOW, THAT'S, THAT'S JUST SOME OF THE STUFF THAT I DO TAKE.

UM, AND I THINK THAT'S VERY IMPORTANT, UM, FOR THE BOARD TO UNDERSTAND IS THE FACT THAT LACK OF COMMUNICATION, UH, WITH ALL THIS, UH, IS, IS WHAT ENTAILS NOT ONLY JUST WHAT, UH, YOU KNOW, IS BEING PROVIDED THERE.

I UNDERSTAND.

AND, AND SO JUST, UH, LOOKING AT THESE, THESE, THESE STEPS, I'M SORRY, WE'RE GETTING AN ECHO HERE.

WE'RE GETTING AN ECHO HERE IN THE ROOM.

HAVE THE MICROPHONES MI MR. JEFFERSON, CAN YOU MUTE? IT'S NOT MR. IT'S NOT MR. SPINNER AND MR. YES.

UM, JENKINS ARE IN THE SAME ROOM.

IS IT FROM HERE? IT'S PICKING UP VOLUME FROM EITHER MR. JENKINS' COMPUTER WHENEVER HE'S, AH, MR. JENKINS PROBABLY NEEDS TO MEET HIS COMPUTER.

OKAY.

MR. JENKINS, IF YOU CAN JUST TURN DOWN THE VOLUME OR MUTE YOUR COMPUTER.

YEAH, HE'S MUTED.

I, IF WE NEED TO PAUSE AND DO A TEST HERE, BUT I, I DON'T THINK THE ECHO'S COMING FROM OUR END 'CAUSE WE'RE NOT HEARING IT WHEN WE TALK.

IT'S JUST, IT'S JUST, IT SEEMS LIKE IT'S ONE IN THE ROOM.

IT'S, YEAH, I GET AN ECHO WHEN I'M TALKING, IT SEEMS. YEAH.

MR. JENKINS, CAN YOU JUST TURN THE VOLUME DOWN ON YOUR COMPUTER? HIS IS, HIS IS OFF.

HIS IS COMPLETELY OFF.

WE'RE NOT HEARING VOLUME OUT OF HIS JUST, OKAY.

OKAY.

SORRY.

OKAY, GO AHEAD.

I'LL, YEAH, I THINK WE'RE GOOD.

OKAY.

I'LL PROCEED THEN.

UH, AND SO DETECTIVE HERNANDEZ,

[01:45:01]

I ALSO JUST WANTED TO CHECK WITH YOU.

SO THE SKY TOWER, I KNOW IT WAS INSTALLED IN OCTOBER, 2023.

UH, BUT WERE, WERE YOU AWARE AT ALL OF, OF, UH, OUR CLIENT'S EFFORTS TO GET A SKY TOWER, UH, DATING BACK TO 2022 JULY, 2022? YES.

YES.

I KNOW THAT WAS SPOKEN ABOUT, UM, ON, ON, ON THE SKY TOWER THAT'S PROVIDED, THAT'S A FREE SERVICE THAT'S PROVIDED TO ANYBODY IN THE COMMUNITY.

UH, BUT THEN ALSO TOO, YOU, YOU GUYS HAVE TO RECOGNIZE THE FACT THAT, UM, THAT IS A, A DECISION THAT'S MADE BY THE, UH, THE CRIME STATS AND DEPENDING ON WHAT TYPE OF CRIMES ARE GOING ON IN THE LARGE AREA OF SOUTHWEST PATROL, UM, THAT'S HOW THOSE THINGS ARE ALLOCATED.

UM, AND AGAIN, I DON'T HAVE ANY CONTROL OVER THERE.

YOU GUYS DON'T HAVE ANY CONTROL OVER THAT.

SO FOR THE MOST PART, LIKE I SAID, THAT'S WHY WE TRY TO EMPHASIZE TO THE OWNERS IS THE FACT THAT YOU CANNOT RELY ON, ON STUFF FROM DPD, THE FACT THAT IT'S YOUR GUYS' RESPONSIBILITY TO HAVE THOSE, THOSE CAMERAS INSTALLED.

UM, SO YOU GUYS CAN MONITOR 'EM BECAUSE LIKE YOU, YOU JUST EXPERIENCED, I MEAN, IT TAKES A WHILE TO GET THAT, UH, COMMUNICATION OR TO GET THAT INFORMATION TO, TO HAVE THE SKY TAR PUT OUT THERE.

I UNDERSTAND.

YEAH, BECAUSE, BECAUSE OUR, OUR CLIENT FOLLOWED UP, UH, FIVE TIMES WITH THE DPD, UH, TO GET ONE OF THESE CAMERAS.

AND YOU, YOU, YOU REFERENCED THEY'RE FREE IN THEIR REGIONAL TO THIS, DID YOU SAY? I'M SORRY, SOUTHWEST OR SOUTHEAST DIVISION? UH, SO IT'S GONNA BE THE SOUTHWEST PATROL DIVISION, SOUTH SOUTHWEST PATROL.

AND SO THEY'RE ALLOCATED BASED ON, BASED ON THE NEED, BASED ON THE CRIME IN THE AREA.

AND SO PRESUMABLY AN AREA WITH HIGHER CRIME WOULD BE ALLOCATED, UH, ONE OF THESE TOWERS? WELL, THERE'S OTHER, OTHER RESOURCES.

SO LET'S SAY FOR EXAMPLE, IF THERE'S A MURDER THAT HAPPENS IN CERTAIN AREA, UM, YOU KNOW, AND THERE'S ANOTHER SHOOTING IN ANOTHER AREA.

I MEAN MM-HMM.

YOU LOOKING AT SOUTHWEST PATROL IS PRETTY LARGE.

UM, YOU KNOW, AND THERE'S ONLY SO MANY TIMES.

AND THEN THEY ALSO GO DOWN, YOU KNOW, MAINTENANCE ALSO HAS TO DO WITH IT.

SO IF THE SYSTEM FALLS OR THERE'S NOT A WAY TO TRAVEL IT TO A CERTAIN LOCATION, AND THERE'S A LOT OF DIFFERENT, UM, THINGS THAT GO AND THAT HAPPEN FOR, FOR IT TO GET OUT THERE.

SO THAT IS THE REASON THAT IT'S ONLY, YOU KNOW, ALLOCATED TO CERTAIN PLACES.

BUT AGAIN, A LOT OF THE, THE, THE LOCATIONS, UM, YOU KNOW, DO WAIT A WHILE, UM, FOR THAT SERVICE.

AND SO WOULD YOU, WOULD YOU SAY THOUGH THAT, UH, THAT THESE COMMUNICATIONS BEFORE, UH, THE DESIGNATION BEFORE THE DESIGNATION IN SEPTEMBER, UM, WOULD YOU, WOULD YOU SAY THAT YOU TYPICALLY HAVE PROPERTY OWNERS? DO YOU SAY THAT THEY TYPICALLY REQUEST SKY CAMERAS FIVE, SIX TIMES? UM, OR DO YOU HAVE, YOU KNOW, A SKY CAMERA THAT, UH, IS MAYBE REQUESTED ONCE THE OWNER FORGETS ABOUT IT? UH, WHAT DO YOU TYPICALLY SEE IN THE WAY OF PEOPLE REQUESTING THESE? AND WOULD YOU SAY THAT, UM, WOULD YOU SAY THAT IT'S, IT'S PROACTIVE TO MAKE FIVE REQUESTS SIMPLY THE REQUESTS TO, TO MAKE THAT MANY REQUESTS? THAT INFORMATION, THAT INFORMATION I WOULDN'T HAVE, UM, MM-HMM.

THAT GOES THROUGH THE NEIGHBORHOOD OFFICERS THAT ARE, THAT ARE WORKING THE LOCATION.

I THINK THAT'S WHERE YOU GUYS TRY TO HAVE THAT COMMUNICATION, UH, THROUGH EMAIL.

MM-HMM.

, UM, I KNOW THEY HAVE AN OFFICE THERE AT THE SOUTHWEST PATROL THAT YOU GUYS COULD HAVE GONE AND, AND SPOKEN WITH THEM OR, OR IF YOU ASKED ANY QUESTIONS.

AND I'M JUST TALKING ABOUT MY EXPERIENCE FROM THE, UH, NEIGHBORHOOD OFFICERS WHEN I WORKED THERE, UM, WHEN I WORKED AT THE NEIGHBORHOOD OFFICER.

THAT'S KIND OF WHAT I'M KIND OF EXPLAINING YEARS AGO THAT I USED TO DO.

AND I THINK THAT ACTUALLY IS, IS WHERE I'M COMING FROM, BUT I THINK THOSE, UH, QUESTIONS WOULD PROBABLY HAVE BEEN ANSWERED BETTER FROM MM-HMM.

THE NEIGHBORHOOD OFFICER THAT WAS ASSIGNED TO YOUR LOCATION.

SURE.

AND, UH, AND SO JUST A, A QUESTION ABOUT, UH, ABOUT KIND OF THE AREA GENERALLY AND, AND, UH, AND RESPONSE.

I KNOW THAT OUR CLIENTS AND THE TENANTS HAVE HAVE CALLED THE DPD ON NUMEROUS OCCASIONS AND ON NUMEROUS OCCASIONS, DPD HAS NOT, UH, SHOWN UP TO THE, TO THE PROPERTY.

UM, AND A LOT OF THESE, A LOT OF THESE CALLS ARE IN REGARD TO TRESPASSING, UH, THINGS OF THAT NATURE.

DO YOU, DO YOU KNOW, THE TYPICAL RESPONSE TIME, UH, TO GET AN OFFICER OUT HERE? 'CAUSE OF COURSE, AS WE SAW IN, IN THE CITY'S EXHIBIT, UM, THERE'S STILL CRIME THAT OCCURS WHETHER PEOPLE ARE, UH, WHETHER SECURITY IS ON THE PROPERTY OR NOT.

UH, WE SAW THAT THERE WAS THREE OF THE AVAILABLE CRIMINAL ACTIVITY HAPPEN WHEN WE HAD PEOPLE, UH, WORKING THE PROPERTY.

SO MY QUESTION IS, WHEN PEOPLE AREN'T AT THE PROPERTY ONLY, UH, THE SKYCAM IS, IS MONITORING OKAY, FOOD MART, UM, CAN THE OWNERS, CAN THE TENANTS BE SECURE IN KNOWING DPD IS GONNA SHOW UP? DO YOU HAVE ANY DATA AS FAR AS HOW MANY TIMES CALLS ARE PLACED AND WHAT PERCENT OF THOSE DPD ACTUALLY SHOWS UP TO THE PROPERTY? NO, I DON'T HAVE THE PARTICULAR NUMBERS.

UM, THAT WOULD BE SOMETHING THAT YOU GUYS CAN LIKE, UH, DO AN OPEN REQUEST REGARDING THE, UH, THE INFORMATION THAT, THAT YOU WANT, LIKE THE TIMES AND HOW LONG IT TAKES FOR AN OFFICER TO GET THERE.

WHAT I CAN SAY IS, UH, YOU KNOW, WORKING WITH DPD FOR ALMOST 20 YEARS NOW, MM-HMM, , UM, YOU KNOW, RESOURCES ARE ALWAYS, UM, UH, A PROBLEM.

UM, BUT THEN ALSO THE, THE TYPES OF CALLS, SO OUR, OUR SYSTEM IS A, IS

[01:50:01]

A PRIORITY SYSTEM.

SO IF YOU HAVE A CALL THAT'S A PRIORITY ONE, WHICH IS MEANING, UH, A LOSS OF LIFE OR, OR THERE'S SOMEBODY THAT, THAT REALLY NEEDS THE OFFICER, THAT'S WHERE THEY GO.

UM, SO DEPENDING ON WHERE THE CALL FALLS, UM, AND THEN YOU BRING INTO, INTO EFFECT HOW MANY PEOPLE ARE WORKING THAT NIGHT, UM, TIMES CAN CHANGE.

AND THAT'S THE ONLY INFORMATION THAT I CAN PROVIDE.

OTHER THAN THAT, LIKE I SAID, I CAN'T SPECIFY TO SPECIFICALLY WITH THESE AAT OFFENSE, HOW LONG IT TOOK 'EM AND HOW LONG, UH, YOU KNOW, HOW, HOW MUCH LONG THEY TOOK TO GET THERE.

I UNDERSTAND.

UM, AND YOU ALSO MADE, YOU MADE A COMMENT THAT IT'S, IT'S THE PROPERTY OWNERS, YOU SAID IT'S THEIR RESPONSIBILITY WITH RESPECT TO THIS CRIME.

COULD YOU, COULD YOU ELABORATE ON THAT? BECAUSE I'M, I'M OF THE UNDERSTANDING THAT THE PROPERTY OWNER HAS A RESPONSIBILITY ONLY TO TAKE THESE MEASURES, UH, THAT ARE LISTED IN THE ORDINANCE, ESSENTIALLY, THAT A PROPERTY OWNER CAN TAKE THESE MEASURES AND SAY, YOU KNOW WHAT, UM, I'VE INSTALLED CAMERAS, I HAVE, UH, I'M COMPLYING WITH REGULATIONS.

I HAVE LEASE CLAUSES, I'M ISSUING NOTICES, UM, VIOLATIONS.

I'M DOING THESE THINGS AND I WON'T GET SLAPPED WITH A DESIGNATION.

YOU'VE GOT ONE MINUTE.

AND SO, AND SO MY, MY QUESTION IS, WHAT DID YOU MEAN BY IT'S THEIR RESPONSIBILITY? DID YOU MEAN IT'S THEIR RESPONSIBILITY TO ABATE CRIME ENTIRELY AT THE PROPERTY? NO.

OR DID YOU MEAN SO, SO IT'S, IT'S BASICALLY LIKE YOU JUST SAID, UM, USING THOSE RESOURCES AND DOING THAT, UM, AND AGAIN, WE GO BACK TO THE FACT OF YOU TALKING ABOUT THE CAMERAS.

WE'RE TALKING ABOUT TWO CAMERAS FOR A PROPERTY THAT THAT IS THAT BIG.

UM, IF YOU SEE IT THERE AS YOU SAW THE PICTURE, THAT'S A PRETTY LARGE PLACE THAT HAVE TWO CAMERAS.

UM, YOU KNOW, THERE'S, THERE'S HOMES THAT HAVE FIVE OR SIX CAMERAS AROUND THEIR OWN HOME.

I MEAN, YOU HAVE TO LOOK AT THAT.

AND THEN TWO, WHEN WE TALK ABOUT LEASES, I MEAN, WE'VE TALKED ABOUT THESE LEASES AND THE FACT THAT YOU, YOU CAN'T JUST HAVE A LEASE AND NOT ENFORCE IT.

YOU HAVE TO GO WITH IT.

AND YOU HAVE TO ENFORCE THIS TO, TO CHANGE THE ENVIRONMENT, TO CHANGE THE LOCATION, UM, TO MAKE IT BETTER FOR THE COMMUNITY.

BECAUSE AT THE END OF THE DAY, THE COMMUNITY IS, IS WHAT'S, UH, USING THESE, UH, UM, YOUR, YOUR PLACE OF BUSINESS.

SO YOU WANT THE GOOD TENANTS TO COME AND TO KEEP THE, UH, THE BAD CRIMINALS OUT OF YOUR PROPERTY.

RICO, THAT'S YOUR TIME.

THANK YOU.

THANK YOU DETECTIVE.

UM, WE'VE BEEN GOING FOR ABOUT TWO HOURS, SO LET'S TAKE A, UH, FIVE MINUTE RECESS AND THEN WE'LL COME BACK AND, UH, HAVE THE BOARD ASK QUESTIONS FOR, UH, THE CITY.

RIGHT? SO IT IS NOW 10 37 AND WE'LL BE BACK AT 10 42.

[01:59:33]

HEY, ROBERT, IS THIS A SLOW SEASON FOR YOUR BUSINESS? UM, YES AND NO.

WE, UM, EVERYTHING'S ALL BOOKED NOW.

WE'RE JUST MAKING SURE IT GETS MADE AND SHIPPED.

SO YOU GOT CHRISTMAS SALES ALL LOCKED IN ALREADY OR? YEAH, EVERYTHING'S DONE.

YEP, WE'RE ALL DONE, ALL FINISHED.

UM, IT'S, IT, IT'S JUST A MATTER OF GETTING APPROVALS ON, UM, UH, LABELING, CARTON

[02:00:01]

MARKINGS, JUST, YOU KNOW, JUST CROSSING T'S AND DOTTING I'S, BUT THE FACTORIES HAVE ALL BEEN, YOU KNOW, GOING CRAZY.

UM, WE GET A LOT OF OURS IN BEFORE CHINESE NEW YEAR.

THAT WAY THEY START MAKING IT, UM, BEFORE THEY LEAVE FOR THREE WEEKS, UM, AND COME BACK AND FINISH UP A LOT OF IT, BUT YEAH.

YEAH.

SO WE ALWAYS DO THIS WHEN WE GET TO, TO NOVEMBER FOR THE NEXT YEAR.

JACK, I DON'T KNOW HOW MUCH LONGER I'M GONNA DO THIS, MAYBE ANOTHER YEAR OR TWO, WHO KNOWS.

WELL, ON THE COURSE OF THE PROBLEMS IN THE MIDDLE EAST SEEM TO HAVE RAISED SHIPPING RATES ALL OVER THE WORLD, NOT JUST THROUGH THE SUEZ CANAL.

YES, THEY HAVE.

YOU KNOW, IT'S AMAZING.

AND THE REASON WHY THEY DID IT, LIKE OUT OF ASIA, IT'S BECAUSE THEY CAN EXACTLY.

THEY CAN.

AND THE, UM, THE PANAMA CANAL IS THE WATER LEVEL'S REALLY LOW.

YEP.

SO THEY'RE HAVING TO GO AROUND THE CAPE OF SOUTH AMERICA.

OH, SO YOU GOT BOTH, YOU HAVE TO GO AROUND BOTH CAPES NOW E EXACTLY.

IT'S CRAZY WHAT'S HAPPENING, YOU KNOW, TWO, UH, THREE YEARS AGO YOU COULD MOVE A CONTAINER FOUR YEARS AGO FOR A COUPLE THOUSAND DOLLARS, THEN WHEN COVID HIT, UM, THEY WERE BETWEEN 20 AND 25,000 TO MOVE A CONTAINER.

AND IT'S, HOW DO YOU ABSORB THAT? I MEAN, IT, WE DIDN'T BECAUSE IT'S OUR CUSTOMERS, BUT STILL, AND NOW THEY'VE RISEN TO ABOUT FIVE TO SIX, SO I THINK THEY'RE GONNA GO A LITTLE HIGHER, UM, BECAUSE AS WE LOVE TO HEAR, LIKE WITH UBER, UM, THEY CALL IT PEAK PRICING.

UM, WELL, PEAK SEASON SHIPPING STARTS IN JULY AND I COULD SEE IT GOING AS MUCH AS UP TO 10.

YEP.

YEAH.

THEY, UH, I READ ABOUT THE PANAMA CANAL.

SOME OF THE LARGER SHIPS CAN'T EVEN USE IT NOW.

RIGHT.

YOU GOT IT UNTIL THE WATER LEVEL COMES BACK UP.

AND THAT WAS A, A UNBELIEVABLY GREAT SHORTCUT, BUT UNFORTUNATELY THAT SHORTCUT UNTIL IT COMES BACK UP, NOT GONNA HAPPEN.

RIGHT.

NOBODY WANTS TO GO THROUGH THE PORT OF SAN DIEGO, LOS ANGELES, LONGVIEW, WASHINGTON, YOU KNOW, IF YOU ARE FROM TEXAS TO THE EAST, YOU WANT TO TRY AND COME THROUGH THE CANAL AND GO THAT WAY.

OH, IF IT'S NOT ONE THING, IT'S ANOTHER.

YEAH.

HOW ARE THINGS WITH YOU? I CAN'T COMPLAIN EXCEPT, UH, I'M OUTTA WORK FOR A COUPLE OF WEEKS WHILE WE WAIT FOR THE IT DEPARTMENT TO GIVE US WHAT WE NEED TO START WORKING AGAIN.

BUT THAT'S NOT AN UNCOMMON PROBLEM IN CORPORATIONS EITHER.

WELL, IS THIS A PAID VACATION? NO, I'M PART-TIME NOW.

I'M RETIRED, SO.

OH, SO YOU'RE JUST DOING CONTRACT.

I ACTUALLY AM AN HOURLY EMPLOYEE.

I LOVE IT.

CONTRACT LABOR.

YEAH.

LOVE IT.

WITHOUT A DOUBT.

HOW ARE YOU RICHARD? YOU'RE MUTED.

RICHARD.

OH GOD.

YOU KNOW, HOURLY EMPLOYEES.

SO, SO ARE, ARE YOU, UH, 10 99? NO, I'M W2.

OKAY.

YEAH.

GOTCHA.

OH, I GOT YOU NOW.

SORRY, ROBERT.

I DIDN'T REALIZE I WAS MUTED.

.

IT'S ALRIGHT.

JUST CHECKING TO SEE HOW YOU'RE DOING.

I'M GOOD, I'M GOOD.

THANKS.

SO, WAIT, WHICH ALTERNATES ARE YOU IN TODAY? WHAT'S THAT? WHICH OFFICE ARE YOU IN? I'M IN CLEAVER.

SO I, I TOOK OFF ABOUT SEVEN 15 AND, UH, CAME ON UP HERE OR CAME DOWN HERE.

AND THEN, UH, YOU KNOW, THIS RUNS INTO, I'VE GOT ANOTHER CLIENT MEETING AND I HAD TO POP OUT AND GO TELL THAT CLIENT.

I'LL BE WITH 'EM IN A MINUTE.

THE GOOD THING IS ALL THE CLIENTS GET HERE EARLY.

SO MY 11, 11 O'CLOCK, THEY'RE HERE.

I KNEW THEY WERE GONNA BE OUT HERE RIGHT.

WHEN WE, WHEN UH, BEN LET US OUT FOR A MOMENT, I NEEDED TO WALK UP FRONT.

SO, YOU KNOW, I, I CAN'T, WHEN PEOPLE ARE LATE TO MEETINGS, IT SOUNDS TERRIBLE.

IT, IT, IT JUST, IT'S SO DISRESPECTFUL.

WELL, THESE GUYS ARE REALLY GOOD.

UN UNLESS I GET, SOMETIMES JUST THEY DON'T NO SHOW AT ALL.

BUT THIS IS AN, THIS IS AN ONGOING CLIENT.

YEAH.

SO, OH, WELL, IF IT'S AN ONGOING CLIENT AND THEY'RE GOOD, WONDERFUL.

ONGOING CLIENT THAT DOESN'T SHOW YEAH, THAT'S RIGHT.

YEAH.

TRUE.

YOU GOTTA FIGURE OUT DO THEY OWE YOU ANYTHING OR NOT .

YEAH.

AND IT'S LIKE, OH MY GOD.

UM, I THINK THAT THEY'RE BUSY EATING BREAKFAST.

OH, THAT'S RIGHT.

I GUESS THEY MIGHT BE IN THE BACK.

YEAH.

IN THE BACK AREA THERE.

YEAH.

SOME MUFFINS AND CROISSANTS.

YOU, YOU KNOW, WHEN THEY'RE IN THIS REAL SMALL ROOM, I JUST STAY HOME.

YEAH.

SO WHICH ROOM IS THIS? IS THIS THE ONE THAT'S OFF OF, UH, WHERE WE WERE, THE CHAMBERS OR? YEAH, IT'S ACROSS THE HALL FROM THE COUNCIL

[02:05:01]

CHAMBERS.

OKAY.

OKAY.

GOT IT.

IF YOU GO WEST, IT LOOKS LIKE IT, IT LOOKS LIKE IT'S THE SIZE OF A CRACKER JACK BOX.

I WAS ABOUT TO SAY, IF YOU LOOK AT ALL THE CHAIRS OUT, THEY'RE SET UP AND AT THE TABLE, EVERYBODY LOOKS VERY COZY.

IT'S VERY COZY.

WELL, IT WAS NICE, IT WAS NICE OF 'EM TO ENCOURAGE US NOT TO BE THERE.

RIGHT? ? YEAH.

WELL, YEAH.

WHEN I SAW, WHEN I SAW THE EMAIL, I SAID, NOPE, I'M STAYING HOME.

YEAH, I GOTCHA.

WELL, I KNEW I HAD TO GET OUT HERE AND I WAS LIKE, WELL, I'LL JUST LEAVE EARLY, GET OUT HERE AND SET UP.

SO, YEAH, I WASN'T TOO, I WASN'T TOO LATE.

I WAS ABOUT, YOU KNOW, ABOUT, I KNEW I'D BE, ALL OF A SUDDEN I LOOKED, I WAS LIKE, OOH, I'M HITTING ABOUT FIVE MINUTES AND THEN I GOTTA SET UP, IT'LL BE ABOUT 10 MINUTES, SO.

OH, HERE COME THE TROOPS.

ALRIGHT, EVERYBODY, I GUESS WE'LL, WE'LL MUTE BACK HERE.

GOOD TALKING TO YOU GUYS.

ALL.

EVERYBODY.

UH, CAN WE GET THE BOARD MEMBERS TO TURN ON YOUR CAMERAS, PLEASE? MAKE SURE WE HAVE EVERYBODY BACK.

DO MS. WILLIS, MS. ALA, MR. JEFFERSON, WHEN YOU'RE BACK CHAIR, JUST A QUICK QUESTION.

DID I, DID I RUN THROUGH ALL OF MY TIME OR DO I HAVE ANY LEFT FOR A BRIEF REDIRECT? UH, LEMME DO SOME MATH HERE.

MR. SKINNER, YOU HAVE TWO MINUTES REMAINING.

OKAY.

WOULD YOU LIKE, DO I, WOULD YOU LIKE ME TO GO BEFORE THE BOARD QUESTIONS OR AFTER? KEEP THE, UH, YEAH, IF YOU WANT, IF YOU WANT A QUESTION, HAVE ADDITIONAL QUESTIONS FOR THE DETECTIVE, THEN YOU CAN GO, UH, BEFORE THE BOARD.

OKAY.

I'LL, I'LL JUST, UH, ASK A COUPLE MORE.

OKAY.

UH, GIMME A SEC.

UH, WE DO HAVE A QUORUM.

UH, THERE'S MR. JEFFERSON AS WELL.

AND MS. WILLIS, IF YOU'RE THERE, IF YOU COULD TURN YOUR CAMERA BACK ON.

THERE WE GO.

AWESOME.

WE HAVE EVERYBODY.

IT IS NOW 10 51 AND, UH, THE MEETING IS RESUMED.

AND MR. SKINNER, YOU HAVE, UH, TWO MINUTES.

ALL RIGHT.

THANK YOU.

UH, DETECTIVE HERNANDEZ, JUST WANTED TO TALK ABOUT THOSE, UH, SEVEN PROVISIONS IN SECTION 27 49, B ONE.

UM, SO REGARDING ONE AND TWO STED PRINCIPLES, MONITORING SURVEILLANCE, UM, SO THEY HAVE HAVE TOLD US THEY HAVE IMPLEMENTED THESE THINGS, BUT, UH, IN YOUR, IN YOUR OPINION, DO THESE NEED TO BE SUFFICIENT? UH, EXPLAIN THAT A LITTLE BIT.

YEAH, I, I THINK LIKE, UH, WE SPOKE EARLIER, WE HAVE TO, WE HAVE TO, UH, ALLOCATE THE RESOURCES SPECIFICALLY, UM, TO MAKE 'EM WORK.

UM, AND I THINK, UH, WHEN YOU LOOK AT THESE THAT THEY'VE DONE, AGAIN, SPEAKING WITH THE TWO CAMERAS, YOU HAVE TWO CAMERAS.

THAT'S, THAT'S, IT'S NOT GONNA BE ADEQUATE FOR THAT.

UM, AND, YOU KNOW, THE, THE SURVEILLANCE SYSTEM TOO, WITH THE HOW MUCH FOOTAGE IS, IS, IS IT'S HAILED.

UM, AND THE SELF TECH PRINCIPLES ITSELF IS JUST KIND OF, UH, PREVENTING CRIME, UM, THROUGH ENVIRONMENTAL DESIGN.

IF IT'S BY FENCE, IF IT'S BY, UM, HOLES IN THE FENCE OR FIXING IT, UM, YOU KNOW, THAT'S SOME OF THE STUFF THAT, THAT GOES INTO OFFENSE, UHHUH.

OKAY.

AND, UH, SO, UH, YOU'D SAY THESE AREN'T JUST A CHECKBOX.

IF THERE'S SOME MONITORING, THEN THIS HAS BEEN DONE, BUT IT'S AN EVALUATION OF WHETHER IT'S EFFECTIVE? YES.

IT'S A, IT'S AN EVALUATION IN THE EFFECTIVENESS OF, OF WHAT IS, IS, UH, IS IT WORKING, IS IT NOT? OKAY.

UM, THAT'S WHAT I DO.

AND SO, ONE FINAL QUESTION JUST REGARDING THE SKY TOWERS AND THE REQUEST FOR DPD, UH, IS THAT, IS IS SOMETHING THAT DPD COMES IN AND IMPLEMENTS, UH, EITHER UNDER THEIR OWN POWER OR UPON REQUEST, IS THAT SOMETHING THAT YOU'RE GONNA CONSIDER, UH, SOMETHING IMPLEMENTED BY THE OWNER? AND IS THAT A PERMANENT SOLUTION? NO, NO, NO.

WE'RE LOOKING AT PERMANENT SOLUTIONS.

WE'RE LOOKING AT THE, AT THE FUTURE, UH, WE DON'T WANNA HAVE TO COME BACK TO A PROPERTY AND, AND, AND DO THIS AGAIN AS, AS WE'VE DONE WITH THIS PROPERTY.

UM, SO I, I THINK THAT'S JUST, THAT'S JUST A, A BANDAID.

AND, AND AGAIN, THAT'S A, THAT'S A FREE BANDAID THAT'S PROVIDED, YOU KNOW, FROM FROM DPD TO, UM, THE BUSINESSES.

THANK YOU.

NO MORE QUESTIONS.

ALL RIGHT.

YOU HAVE PERFECT TIMING.

UH, WE WILL NOW PROCEED WITH BOARD MEMBER QUESTIONS FOR THE CITY.

AND, UH, DETECTIVE HERNANDEZ AND I WILL RUN DOWN THE LIST FOR THREE MINUTES.

UH, MS. AALA, I DON'T HAVE ANY QUESTIONS RIGHT NOW.

THANK YOU.

UH, MS. WILLIS? NO, I DON'T RIGHT NOW.

THANK YOU.

UH, VICE CHAIR TORRES.

YES.

THANK YOU FOR

[02:10:01]

BEING HERE, DETECTIVE.

UM, I HAD A QUESTION REGARDING, UM, YOUR QUESTIONING OF THE TENANTS.

UM, WHE WHEN WAS, WHEN DID THAT HAPPEN? UM, BECAUSE I KNOW THAT I, YOU DID THAT AND YOU TALKED TO THEM ABOUT HOW THEY FELT REGARDING SECURITY.

WAS THIS, UM, DID YOU QUESTION ALL 19 TENANTS? WHAT WAS THE SCOPE OF THAT QUESTIONING? SO WE DID A INSPECTION, UM, AT THE PROPERTY.

UM, WHEN WE DO INSPECTIONS, TYPICALLY WE GET TO SEE THE INSIDE TO SEE IF THERE'S ANY CODE VIOLATION AT THAT TIME.

UM, YOU KNOW, THE, THE TENANTS ARE VERY, UM, UH, QUESTIONABLE OF WHAT'S GOING ON.

SO WE TALK TO 'EM, WE GET THAT FEEL FOR THEM OF, OF HOW THEY FEEL, LET'S SAY FOR EXAMPLE, ON THIS THAT THEY SAID THEY, THEY HAD SECURITY.

UM, HOW IS THE SECURITY WORKING? IS IT BENEFICIAL? YOU KNOW, SOME OF THAT STUFF TO GET THE FEEL, ESPECIALLY THE LOCATION OF THE TENANTS AND WHERE THEY'RE AT.

UM, BUT WE WENT IN THERE, UM, WE DID A, A DAY, UH, WHICH WE WENT DURING A DAY TO SEE WHICH TENANTS WERE OPEN DURING THE DAY AND THEN IN THE EVENING.

UM, THAT JUST KIND OF SHOWS, UH, TWO DIFFERENT PERSPECTIVES OF, OF WHERE AND, AND HOW THE, THE ISSUES ARE HAPPENING.

UM, AND THEN JUST TO SEE THE PERSPECTIVE OF, OF THE BUSINESSES TO, TO THE TYPE OF PEOPLE THAT ARE COMING, UM, AT DIFFERENT TIMES OF THE DAY.

UM, BUT AGAIN, YOU KNOW, SOMETIMES LIKE THE STORE, UM, IS OPEN THE LATEST, SO THAT WAS ONE OF THE ONES WE SPENT A LOT OF TIME WITH, UH, SPEAKING, NOT ONLY WITH THE MANAGER, UM, BUT THE, UH, THE PEOPLE THAT WORK IN THERE.

UM, SO, YOU KNOW, THAT WAS THAT.

AND THEN WE SPOKE TO EVERYBODY THAT WAS THERE, UM, THAT HAD ANYTHING TO SAY TO US.

SO, UH, FOR THE MOST PART, YES, IS ALL THE PROPERTIES.

I THINK THE ONLY PLACE WE DID NOT, UH, WERE ABLE TO TALK TO WAS THE UPSTAIRS LOCATION WHERE, UM, THEY RENT OUT THAT BALLROOM.

IT'S ONE OF THE PLACES THAT'S ALWAYS BEEN, UH, CLOSED WHEN WE, WE GO OUT THERE.

OKAY.

THANK YOU.

AND THEN, DO WE KNOW, UM, THE HOURS OF OPERATION OF THAT BALLROOM? UM, I THINK THEY SAID IT WAS OPEN, UM, ON CERTAIN WEEKENDS, THE PAINTING, I GUESS WHEN THEY BOOK IT.

UM, SO, BUT I, WITH THE TIME THAT I'VE BEEN OUT THERE, I, I HADN'T SEEN IT, SO.

OKAY.

UM, YOU, DID YOU FEEL LIKE THE TENANTS FELT COMFORTABLE ADDRESSING SOME OF THE ISSUES THEY TALKED TO YOU ABOUT WITH MANAGEMENT? UM, FROM MY PERSPECTIVE, NO.

AND THEN YOU HAD THE ONES, LIKE I SAID, LIKE THE OKAY.

FOOD MARKET THAT RELATE TO US, THAT THEY HAVE RELAYED TO THAT INFORMATION TO THE OWNERS, UM, AND TO THE MANAGER GROUP.

AND, UM, THEIR VOICES HAVE BEEN HEARD.

UM, SO THEY TOOK THEIR STEPS IN, IN DOING THEIR OWN, UM, TYPES OF, UH, MEASURES TO, TO HELP THEIR BUSINESS OUT.

UM, AND, AND AGAIN, YOU KNOW, EVERY BUSINESS IS DIFFERENT.

UM, YOU KNOW, THE WAS, UH, YOU KNOW, WE WENT IN THERE, UM, IT'S JUST A LOT OF ACTIVITY, UM, YOU KNOW, DURING THE, THE EVENING HOURS.

SO, UM, YOU KNOW, THEY HAVE ONE PERSON WORKING IN THERE.

UM, IT, IT DID LOOK LIKE THERE WAS A LOT OF LOADING INSIDE THE, THE, THE PLACE.

UM, SO LIKE, AGAIN, THAT'S JUST FROM MY EXPERIENCE AND THE, AND THE PERSPECTIVE THAT I WAS LOOKING AT.

OKAY.

THANK YOU.

AND THEN REGARDING THE SEC, THAT'S YOUR TIME.

I'M SORRY.

I GO, YOU'LL GET MORE.

UM, MR. AKIA, THREE MINUTES CHAIR.

DETECTIVE, THANKS FOR BEING HERE.

QUESTION WAS REGARDING SPECIFICALLY THE PHOTOS WHEN YOU WERE DOING THAT, UM, CALL IT AUDIT, INSPECTION OF CODE VIOLATIONS.

YOU, I SAW PHOTOS OF THE CONVENIENCE STORE, AND YOU SHOWED THE DIFFERENT TOOLS OR INSTRUMENTS USED TO AT LEAST FOR EITHER FOR THE PIPES AND THE, THE ILLA PINES.

AND THAT SORT WAS CURIOUS OF WHEN WAS THAT TAKEN? I MISSED THE DATE ON THE PHOTOS.

UM, I DON'T KNOW IF THEY HAD THE, THE DATE.

I THINK THE EXHIBIT SHOULD SHOW THOSE.

UM, THEY WEREN'T ALL AT THE SAME TIME, BUT I'LL TRY TO VERIFY THAT FOR YOU.

LET ME ASK YOU THIS, UH, DETECTIVE, MORE IMPORTANTLY WAS, WERE THOSE TAKEN YOU THINK THIS YEAR, 2024, BEFORE THIS HEARING, OR WERE THEY TAKEN LAST YEAR? I KNOW THAT THAT WAS THIS YEAR.

UM, SO YEAH.

SO BOTH.

YEAH, BOTH.

BOTH.

SO IF YOU SEE, UM, UH, THEY WERE DONE BOTH, UM, IF WE, WHEN WE WENT IN THERE, I THINK THE FIRST INITIAL INSPECTION, UM, THEY WERE KIND OF, UH, TOLD AND, AND EXPLAINED, I THINK.

AND THEN THEY WERE BROUGHT BACK.

UM, AND THEN THAT WAS SOME OF THE PICTURES THAT WE TOOK, UM, ON THE OTHER INSPECTIONS THAT WE'VE BEEN OUT THERE.

ONE OF THE THINGS YOU TESTIFIED TO WAS, WHAT I, I INTERPRETED WAS THERE WAS A MISMATCH OF SECURITY PERSONNEL VERSUS WHEN THERE'S HIGH CRIME TIME.

WAS THAT A CORRECT INTERPRETATION OF ONE OF THE THINGS YOU WERE SAYING WAS A ROOT CAUSE? YES.

AND IN REGARD TO THE SECURITY PERSONNEL, WERE YOU, YOU SAID YOU DIDN'T SEE ANY WHEN YOU GUYS WERE WALKING AROUND DURING THE DAY.

IS IT YOUR UNDERSTANDING, IS THERE ANY PERSONNEL, SECURITY PERSONNEL AFTER 11:00 PM

[02:15:03]

TILL SAY THE MORNING TIME OF 8:00 AM UH, NO.

UH, FROM WHAT WE WERE PROVIDED WITH THE, THE TIMES THAT YOU SAW ON THE, UH, ON THE SLIDE, UH, NO.

NOBODY'S THERE AFTER THAT.

AND ONE OF THE QUESTIONS I'VE ASKED ABOUT IS THE FENCE.

THERE'S APPARENTLY A BARBED WIRE AND CHAIN LINK.

WOULD IT SERVE BETTER TO HAVE A HIGHER FENCE, MAYBE MADE OF, MADE OF SOME STILL ROD OR, OR METAL? OH, YES, SIR.

YOU KNOW, LIKE, LIKE, UH, SOMEBODY I THINK, UH, EXPLAINED, UH, YOU KNOW, IF YOU SEE THE FENCE THAT'S OUT THERE NOW AND HAS A HOLE IN IT, LIKE SHE EXPLAINED, UM, THAT COULD BE BROUGHT DOWN, TURNED DOWN, YOU KNOW, JUMPED OVER, CUT THROUGH, UM, WHEN YOU HAVE A TALLER FENCE TO PREVENT, UM, PEOPLE JUMPING OVER, UM, IT KEEPS PEOPLE OUT.

UM, YOU WANNA, YOU DON'T WANT TO HAVE TO GO THROUGH A FENCE, ESPECIALLY IF IT'S A BRICK OR A HIGH FENCE.

SO, UM, THAT REALLY PUSHES PEOPLE TO GO AROUND.

THANK YOU, DETECTIVE.

THOSE ARE MY QUESTIONS, UH, CHAIR.

THANK YOU.

THANK YOU, MR. CCIA.

UH, MR. HAYES? THREE MINUTES.

OKAY.

THANK YOU, DETECTIVE, FOR BEING HERE AND FOR YOUR SERVICE.

UH, HAVE YOU LOOKED AT THE LOGS SUBSEQUENT TO AUGUST OF 23? AND HOW MANY ABBA OFFENSES HAVE OCCURRED IN THE SIX MONTHS SINCE THEN? UH, YES.

SO WE HAVE, UH, TWO HAVE HAPPENED.

UM, ONE WAS ON THE, UH, FOURTH OF, UH, NOVEMBER, WHICH WAS A INDIVIDUAL ROBBERY.

UM, AND THEN THE, UH, MOST RECENT ONE WAS THE 19TH OF, UH, THIS OF FEBRUARY, WHICH WAS A, UM, AN ARREST FOR A POSSESSION CONTROL SUBSTANCE, UH, POSSESSION OF MARIJUANA.

AND THE INDIVIDUAL HAD A WARRANT.

OKAY.

THANK YOU.

UM, PAGES TWO.

I'M SORRY.

I THINK THERE WAS, UH, ALSO TWO OTHER ASSAULTS, AT LEAST ONE, ONE ASSAULT IN OCTOBER.

SO AT LEAST THREE THEN? YES.

OKAY.

UH, PAGES 2 72 TO 2 78 OF THE CITY'S EXHIBIT ARE AN AGREEMENT THAT IF I RE-INTERPRET IT CORRECTLY, HAD THE TENANTS, HAD THE OWNERS SIGN THAT AGREEMENT, THERE WOULD'VE BEEN LIKE A PAUSE ON THE HCP PROCESS, AND THEY HAD AGREED, WOULD HAD TO HAVE AGREED TO WITHDRAW THEIR APPEAL, BUT AS DOESN'T LOOK LIKE THAT WAS EVER EXECUTED.

DO YOU KNOW WHY THAT WAS NOT EXECUTED AND YOU ARE ONE OF THE SIGNATORIES TO THAT AGREEMENT, OR WOULD'VE BEEN? YES.

SO WE, UM, AND IN CONJUNCTION WITH THE, WHEN WE LABEL THE PROPERTY A CP, WE'RE ALWAYS WILLING TO WORK WITH THE PROPERTY, UM, TO SEE IF WE CAN COME TO AN AGREEMENT.

AND THAT'S ONE OF THE PROPOSED AGREEMENTS THAT WE SEND OUT THERE, UH, WHERE IT COULD BE WORKED OUT.

UM, WE UNDERSTAND THE FACT THAT, YOU KNOW, COMMUNICATION IS KEY, ESPECIALLY WHEN, UH, WHEN IT COMES TO A LOT OF THESE PROPERTIES.

UM, WE, WE SENT THIS OUT, UM, DECEMBER THE 21ST, UH, WHICH IS 2023.

UM, AND WE DID NOT GET ANY RESPONSE, UM, FROM, UM, ANYBODY AFTER LAST YEAR, UM, WHAT IS IT? AFTER THE LAST YEAR? OKAY.

AFTER THE LAST YEAR, SO, YEAH, NO, SO YEAH.

SO SINCE THEN UNTIL NOW, UM, WE WERE, WE OFFERED THEM AT LEAST TO COME TO THE TABLE TO TALK ABOUT SOME OF THE, THESE, UM, THINGS THAT WE WANTED TO, TO IMPLEMENT AND SEE IF WE CAN COME TO AN AGREEMENT, UM, TO GIVE 'EM THE OPPORTUNITY TO, TO, YOU KNOW, TO WORK TOGETHER.

OKAY.

UH, DO YOU SPEAK FROM TIME TO TIME WITH THE, UH, OFFICER THAT THE OWNER'S REPRESENTED, WHO'S FROM REDBIRD, WHO THEY SAY THEY HAVE A GOOD WORKING RELATIONSHIP WITH? DO YOU, HAVE YOU BEEN IN COMMUNICATION WITH THAT OFFICER? UH, NO, I HAVEN'T.

OKAY.

WELL, AT ONE POINT, YOU, WELL, NEVERMIND, UM, THAT'S, THAT'S YOUR TIME, MR. HAYES.

OKAY.

I'LL DO 'EM ON MY TWO MINUTE FOLLOW UP THEN.

THANK YOU.

ALL RIGHT.

UH, MR. CLINT, THREE MINUTES.

UH, THANK YOU, CHAIR.

THANK YOU, UH, DETECTIVE FOR BEING HERE TODAY.

SO MY, MY FIRST QUESTION IS, UM, OVERALL, HOW MANY CALLS HAVE THERE BEEN TO THE POLICE FOR THIS PROPERTY FOR THAT YEAR? WE'RE GONNA PULL UP SOME INFORMATION.

IF YOU HAVE A, A FOLLOW UP QUESTION WE'LL HAVE, WE CAN ANSWER THAT IN JUST A SECOND, BUT I DON'T WANNA WASTE YOUR TIME.

I, I DO, I DO.

I DO.

SO, UM, WHEN THE APPELLATE, UM, GAVE THEIR TESTIMONY, THEY FOCUSED MOSTLY ON, WHAT I WAS HEARING WAS TRESPASSING AND LOITERING.

HOWEVER, WHEN WE REALLY LOOK AT THE DEBATABLE OFFENSES, AGGRAVATED ROBBERY, AGGRAVATED ASSAULT, DEADLY CONDUCT, AGGRAVATED ASSAULT, THE DEADLY WEAPON,

[02:20:01]

AND SINCE THE HCP LETTER WENT OUT, THERE'S BEEN A ROBBERY AND AN ASSAULT, UH, DETECTIVE, WOULD YOU CONSIDER THIS PROPERTY A DANGEROUS PROPERTY? UH, YEAH, OF COURSE.

I MEAN, IT'S A, IT'S A PLACE WHERE THE, THE OPPORTUNITY IS THERE FOR A CRIMINAL TO, TO, YOU KNOW, CAUSE CRIME, UH, HARM TO PEOPLE.

BUT, BUT WITH THOSE SPECIFIC CRIMES, WOULD YOU CONSIDER A, A VERY D UH, DANGEROUS PROPERTY? I MEAN, YEAH, I, I WOULD.

OKAY.

SO DID WE FIND THE NUMBER OF TIMES THAT Y'ALL HAVE BEEN CALLED? YES, 114.

114 A CP PERIOD FROM THE A CP PERIOD, AND THEN HAS BEEN UPDATED SINCE THEN TO, SORRY, UH, I THINK 114 FROM THE A CP PERIOD IS WHAT WE, YEAH, SO 114 FOR THE, FOR THE A CP PERIOD.

SO THAT'S QUITE A FEW CALLS FOR, FOR THAT PERIOD.

UM, SO THE CITY HAD ASKED BACK IN 2019 FOR CAMERAS AND UNTIL THE HCP WAS SENT OUT, UM, THEY, THEY DID NOT INSTALL CAMERAS.

WOULD YOU SAY THAT WAS A FAILURE ON THE OWNER'S PART TO DO PREVENTATIVE MEASURES? YES.

OKAY.

AND FOR A PROPERTY THAT'S SIX AND A HALF ACRES, UM, THERE ARE FIVE CAMERAS ENOUGH? NO, I, I DON'T THINK SO.

AND A LOT OF TIMES I, UH, WHEN I SPEAK WITH THE OWNERS, UM, YOU KNOW WHAT, WHOEVER THEY DECIDE TO GO WITH TO, UH, YOU KNOW, CONTRACT TO, TO PUT THEIR CAMERAS UP, UM, THEY USUALLY GIVE THEM A SECURITY SURVEY OR SOME SORT WHERE THEY, AS A PROFESSIONAL CAMERA INSTALLER, WOULD KIND OF PINPOINT EXACTLY WHERE AND HOW MANY CAMERAS THEY WOULD NEED.

UM, YOU KNOW, THAT THAT'S THE OPPORTUNITY FOR THEM TO SEE, HEY, WHERE ARE MY BLIND SPOTS AND WHERE, WHERE DO I NEED THE CAMERAS LOCATED AT? SO IN YOUR OPINION, THE CAMERAS ARE NOT IN THE RIGHT SPOTS WHERE THEY SHOULD BE? NO.

OKAY.

SO JUST A COUPLE MORE QUICK QUESTIONS FOR YOU.

SO I NOTICED ON THE CHART, THE OFF-DUTY POLICE OFFICERS WERE THERE IN THE EARLY AM ROUND.

WERE ROUND NUMBERS 7:00 AM TO AT 11:00 AM YOU KNOW, SOME DAYS WE DON'T KNOW WHICH ONES.

WOULD YOU SAY THEY'RE ALLOCATING THE POLICE OFFICER'S TIME AT THE WRONG TIME? YES.

AND SO MOST OF THE TIME, UH, THAT'S YOUR TIME.

I'LL FOLLOW UP WITH MY TEAM.

THANK YOU, SIR.

ALL RIGHT.

THANK YOU, MR. QUINT.

UH, THREE MINUTES FOR MS. SHIN.

THANK YOU, CHAIR.

I DON'T HAVE ANY QUESTIONS, MR. QUENTIN, MR. HAYES HAD ASKED, WELL, THANKS TO THE THREE OF YOU.

UM, I DO HAVE SOME QUESTIONS.

AND, UH, FIRST DETECTIVE, THANK YOU, UH, FOR BEING HERE.

WE DO APPRECIATE YOUR TIME, UH, AND SINCE MY TIME IS LIMITED, I DO APPRECIATE YOU KEEPING YOUR ANSWERS, UH, BRIEF.

BUT I JUST WANNA CLARIFY A COUPLE OF THINGS.

FROM YOUR, YOUR TESTIMONY, WOULD YOU CONSIDER THIS TO BE A HIGH CRIME AREA OF TOWN? UH, YES.

AND, UM, HOW WOULD YOU RATE, UH, THIS PROPERTY IN COMPARISON TO THE SURROUNDING PROPERTIES AS FAR AS CRIME RATE? UM, IT, IT, IT'D BE UP THERE.

I MEAN, IT'S, IT'S, IT'S GONNA BE ONE OF THE, THE TOP AREAS, UM, BECAUSE OF THE FACT THAT, OF JUST THE NUMBER OF CRIMES THAT HAVE HAPPENED OUT THERE.

I, IS IT, IS IT WORSE THAN THE AVERAGE FOR THIS AREA? YEAH, SO MUCH THAT IT'S BEEN ALLOCATED.

ONE OF, UH, CHIEF GARCIA'S, UH, HOT BEAT AREAS, UH, WHICH IS HOW THEY TAKE THEIR NUMBERS TO, UM, YOU KNOW, TO EMPHASIZE THE RESOURCES AND WHERE FROM DP D'S SIDE, UM, THEY NEED TO BE ALLOCATED TO, UM, SPECIFICALLY MARKING OUT, UM, AT CERTAIN TIMES OF THE DAY, UM, WITHIN THE AREA.

OKAY.

UM, AND, UH, SORRY.

IT LOOKS LIKE PRETTY MUCH ALL OF THE CRIME HAPPENS AT THAT LITTLE FOOD MART.

AND YOU SAID THAT FOOD MART DOES HAVE ADDITIONAL SECURITY AND CAMERAS, SO THEY, THEY DON'T HAVE THE SECURITY ANYMORE, BUT THEY DO HAVE THE CAMERAS.

LIKE I SAID, THE LAST TIME I TALKED TO MR. GERONIMO, UM, HE SHOWED ME, UM, HIS, UH, FOOTAGE THAT HE HAS INSIDE, AND THEN HE, UH, POINTED OUT THE CAMERAS THAT WERE INSTALLED, UM, OUTSIDE.

UH, OKAY.

SO THERE ARE CAMERAS THERE AND THEY'RE RECORDING AND THEY'RE BEING MONITORED.

THEY'RE JUST NOT OWNED BY THE PROPERTY OWNER? YEAH, IT WAS, IT WAS AT, AT THE, AT BASICALLY FROM THE OWNER.

I MEAN, THE MANAGER OF THE STORE AND THE OWNERS, UM, HAVING TO DO IT ON THEIR OWN AND PUTTING THEIR MON OWN MONEY OUT THERE.

OKAY.

BUT IT IS BEING DONE AND THE CRIME IS STILL HAPPENING? YES.

OKAY.

UM, WHEN YOU TOOK THE PHOTOGRAPHS OF THE INDIVIDUALS ENGAGING IN CRIMINAL ACTIVITY, UH, IN FRONT OF THE FOOD MART, DID YOU MAKE ANY ARRESTS? NO.

DID YOU CALL UNIFORMED OFFICERS TO COME ARREST THOSE PEOPLE? NO.

SO I WAS OUT THERE IN COVERT CAPACITY, YEAH.

JUST TRYING TO OBSERVE THE, THE LOCATION.

OKAY.

UM, DID I UNDERSTAND YOU CORRECTLY THAT YOU WERE SAYING THEY SHOULD HAVE DRUG DEALERS, CARS

[02:25:01]

TOWED WHILE THE DRUG DEALERS ARE ON THE PROPERTY? WELL, NO.

TYPICALLY, A DRUG DEALER WILL, UM, LEAVE A CAR, OR IF THEY'RE THERE, UM, THEY'LL, THEY'LL STA THEIR DRUGS IN THE, IN THE CARS, UM, WHEN OFFICERS SHOW UP OR IF THERE'S A SECURITY OR WHOEVER'S THERE, UM, THEY FEEL THAT, YOU KNOW, THEY'RE ON THEM, THEY WILL LEAVE THEIR CARS THERE, UH, FOR A PERIOD OF TIME BECAUSE THEIR DRUGS ARE BEING HELD AT THE CAR, AT THE LOCATION IN THE CAR.

SO, UM, FOR ME, THAT WOULD BE AN OPPORTUNITY IF THERE IS A SUSPICIOUS VEHICLE THAT WOULD BE THERE FOR A WHILE, UM, TO HAVE A TOW TRUCK SERVICE TO, TO TOW THE VEHICLE, UH, ESPECIALLY IF THEY'RE NOT GONNA BUSINESSES AND JUST HANGING OUT IF THE PEOPLE ARE JUST HANGING OUT.

WELL, YEAH, EITHER THAT, OR I MEAN, IT, IT'S UP TO THE, THE PERSON THAT CALLS IT IN, OR THE TENANT OR THE MANAGER, WHEREVER IT IS, IS, HEY, THIS CAR'S BEEN HERE TOO LONG.

THEY'RE JUST, THIS IS THE CAR JUST SITTING THERE.

OKAY.

UH, THAT'S MY TIME FOR THIS ROUND.

THANK YOU, DETECTIVE.

UM, ALL RIGHT.

WE'LL GO THROUGH AGAIN FOR TWO MINUTE ROUND.

UH, MS. AYALA, NO QUESTIONS.

UH, MS. WILLIS, I THINK I HAVE ONE.

AND THAT WOULD BE, UM, I GUESS OF ALL OF THE SUGGESTIONS THAT YOU ALL HAVE MADE OR RECOMMENDATIONS THAT YOU ALL HAVE MADE, UM, WHAT IS SOMETHING THAT THE, UM, THE, THE BUSINESS OR THE COMPANY HASN'T DONE THAT YOU THINK SHOULD BE A TOP PRIORITY? I HEARD THE, UM, ABOUT THE CAMERAS, BUT OTHER THAN THAT, IS THERE, WHAT ELSE IS THERE SHOULD BE, LIKE, WHAT IS SOMETHING THAT'S A TOP PRIORITY THAT THEY HAVE NOT DONE? WELL, I JUST THINK, UM, THE, THEY, YOU KNOW, LIKE WE WE'RE NOT SAYING THAT THEY HADN'T DONE ANYTHING.

WHAT WE'RE SAYING IS THAT THE, THE RESOURCES THAT THEY HAVE THAT THEY'RE ALLOCATING ARE NOT, ARE NOT PUT TO, TO BE EFFECTIVE.

UM, SO IF YOU DON'T HAVE AN EFFECTIVE, UH, WAY OF TRY TO COMBAT THIS CRIME OR TRY TO HELP YOU ABATE THE CRIME, THEN UM, THERE'S NO POINT TO HAVE THEM BECAUSE THEY'RE BEING USED INCORRECTLY.

UH, BECAUSE AS YOU SAW, MOST OF THE STUFF'S HAPPENING AT NIGHTTIME.

SO IF YOU WOULD JUST CHANGE EITHER THE OFF-DUTY OFFICERS TO THE NIGHTTIME OR EVEN THE SECURITY TO EXTEND 'EM MORE TO, TO WHAT IT IS, BUT YOU HAVE A STORE THAT'S OPEN 24 HOURS, AND AS YOU SAW MOST OF THE STUFF'S HAPPENING THERE.

UM, SO 24 HOURS WHERE PEOPLE ARE JUST HANGING OUT AND JUST PARTYING AND, AND DOING ALL KINDS OF STUFF, UM, THAT HAS A, AN ATTRACTION TO PEOPLE TO COMMIT CRIMES.

OKAY.

THANK YOU.

THANK YOU, MS. WILLIS.

UH, VICE CHAIR TORRES, TWO MINUTES.

UM, THANK YOU.

DETECTIVE.

QUESTION REGARDING, UM, THE TENANTS.

DO YOU BELIEVE IF CERTAIN TENANTS WERE RELEASED FROM THEIR LEASE, YOU KNOW, THAT COULD HELP AS WELL? YEAH, IT, IT WOULD HELP.

BUT THEN ALSO TOO, JUST, UH, ENFORCING SOME OF THEIR LEASE, UH, AGREEMENTS THAT THEY HAVE WITH THEM.

UM, AND, YOU KNOW, FOR EXAMPLE, THE DRUG PARAPHERNALIA, UM, SOME OF THE STUFF THAT THEY SEE THAT IS CAUSING AN ISSUE IS TO ADDRESS IT.

UM, BUT I, I THINK THAT WOULD ALSO HELP TOO.

YES.

YES.

AND THEN THE APPELLANTS BELIEVE THEY HAVE MET THE STANDARD OF, OF REASONABLE, BUT THEY ALSO PUSH BACK ON THE ADDITIONAL ITEMS, YOU KNOW, PRESENTED THAT THEY SHOULD BE DOING.

UM, WHAT DO YOU HAVE TO SAY TO THAT? DO YOU, DO YOU, UM, DO YOU THINK IT, WHAT THEY'VE DONE IS REASONABLE? IS THAT IS REASONABLE ENOUGH? NO, NOT REASONABLE ENOUGH.

OKAY.

THANK YOU.

THANK YOU TORRES.

AND, UH, MR. CCIA, YOU HAVE TWO MINUTES PASS CHAIR.

THANK YOU.

OKAY.

SURPRISE ME, MR. HAYES.

YOU HAVE TWO MINUTES.

UM, DETECTIVE, YOU MENTIONED YOU OR THE ATTORNEY MENTIONED THAT THERE WERE 114 CALLS FOR POLICE ASSISTANCE OVER A CERTAIN PERIOD OF TIME.

I THINK IT WAS THE ABATEMENT, THE PERIOD THAT WHICH YOU GUYS LOOKED AT.

DO A, A LARGE PROPORTION OF THOSE COME FROM THE TENANTS OR THE PRIVATE SECURITY SYSTEM, OR WHERE ARE THEY ORIGINATING? ? YEAH, OUT OF THE 114, AS I CAN SEE FROM JUST THE, UH, WHEREVER THE, THE CALLS IS, IS GIVEN.

UM, I HAVE ONE, TWO,

[02:30:11]

UH, SIX WERE FROM SECURITY.

THE OTHER ONES ARE FROM, UM, DIFFERENT INDIVIDUALS WITH DIFFERENT NAMES.

AND THEN, UH, ANONYMOUS PEOPLE THAT WERE CALLING IN, UM, TO 9 1 1.

UM, HAVE YOU EVER MET THE CONTRACTED ONSITE PROPERTY MANAGER YOURSELF? DAVID SIMPSON? YEAH.

DAVID SIMPSON? YES.

WE'VE MET, UH, FREQUENTLY OR JUST ONCE OR TWICE? OR HOW IS YOUR DIALOGUE? I'LL SAY TWICE I'VE MET HIM, BUT I WOULDN'T, I WOULD NOT CALL THAT A DIALOGUE.

THANK YOU.

I'M DONE.

UH, MR. UH, SORRY, MR. JEFFERSON, I SKIPPED YOU AGAIN ON THE FIRST ROUND, SO YOU HAVE FIVE MINUTES IF YOU HAVE ANY QUESTIONS.

WELL, UH, FORTUNATELY OR UNFORTUNATELY, MOST OF MY QUESTIONS HAVE BEEN ANSWERED.

UH, SO AT THIS TIME I DON'T HAVE ANY FURTHER QUESTIONS.

ALRIGHT.

I'LL SAY THAT'S FORTUNATE.

I MEAN, NOT 'CAUSE I DON'T WANT TO HEAR YOU ASK QUESTIONS, BUT THAT YOU GOT THEM ANSWERED.

UH, MR. QUINT, YOU HAVE TWO MINUTES? YES, SIR.

I HAVE JUST A COUPLE FOLLOW UP QUESTIONS.

SO, WE HAD ESTABLISHED THAT THE OFF-DUTY POLICE OFFICERS WERE AT TOTALLY THE WRONG TIMES, AND MOST OF THE CRIMES ARE BEING COMMITTED AFTER NINE O'CLOCK WHEN THE SECURITY TEAM IS, IS GONE.

UM, WOULD YOU SAY THAT AGAIN, THEY'RE SPENDING THEIR SECURITY MONEY AT THE WRONG TIME? YES.

AND HOW LATE WOULD YOU SUGGEST THAT THEY HAVE SECURITY STAY AT THIS, UH, PROPERTY? UM, WELL, DEPENDING ON THE, THE STORE.

SO AGAIN, THE, THE, WHERE YOU'RE MOST OF YOUR CRIMES HAPPEN, IT'S 24 HOURS.

UM, IT COULD JUST BE EXTENDED TO MAYBE, YOU KNOW, HALF AND HALF.

'CAUSE YOU HAVE THE OFF-DUTY OFFICERS COMING IN EARLY.

UM, IF YOU JUST PLAY WITH THE TIME OF, OF THE SECURITY, AND EVEN, EVEN THOUGH YOU COULD CHANGE IT TO DIFFERENT DAYS OF THE WEEK, JUST DEPENDING ON WHEN THE ACTUAL CRIMES ARE HAPPENING, UM, ESPECIALLY THE ACTIVITY, IF THERE'S ACTIVITY ON THE WEEKENDS, UM, YOU CAN DO THAT AND YOU CAN CHANGE THE TIME.

SO, OKAY.

SO, SO COUPLE QUICK, YOU KNOW, SHORT ONES.

SO WOULD YOU IN ESSENCE SAY THAT THEIR SECURITY HAS BEEN SUBSTANDARD FOR WHAT THEY NEED? YES.

ALL RIGHT.

AND THE LAST QUESTION I, I WANNA MAKE SURE I HEARD THIS CORRECTLY.

UM, THE PROPERTY ITSELF, DID YOU SAY IT IS ONE OF THE MOST DANGEROUS ONES IN THAT PARTICULAR NEIGHBORHOOD? UH, BASED ON THE AREA? UM, THERE'S SEVERAL, BUT I'M NOT GONNA SAY SPECIFICALLY THAT, HEY, THIS IS THE, THE WORST OF THEM.

WOULD IT BE TOP THREE? YES.

ALL RIGHT.

THANK YOU, SIR.

APPRECIATE IT.

ALL RIGHT.

THANK YOU.

MR. QUINT.

UH, MS. SHIN, UH, YOU ACTUALLY HAVE FIVE MINUTES IF YOU'D LIKE.

I WON'T TAKE ALL THAT TIME.

THANK YOU, CHAIR.

UM, DETECTIVE HERNANDEZ, THANK YOU FOR YOUR SERVICE, UM, IN YOUR, UH, VISITS OUT TO THE PROPERTY.

AND I APOLOGIZE IF THIS HAS BEEN ASKED AND ANSWERED PREVIOUSLY.

UM, I DID NOT HEAR IT.

HAVE YOU W HAVE YOU SEEN ANY SIGNAGE REGARDING TOWING TRESPASS OR LOITERING? THAT'S PRETTY STANDARD ON RETAIL BUSINESSES? YEAH.

UH, NO TOWING.

UM, I THINK WE SAW A COUPLE THAT WERE, UH, TRESPASSING.

OKAY.

THANK YOU, CHAIR.

THAT'S ALL MY, ALL OF MY QUESTIONS.

ALL RIGHT.

THANK YOU, MS. SHIN.

UH, I'VE GOT A FEW MORE, UH, JUST QUICK ONES, HOPEFULLY.

UM, SO DETECTIVE, WE SAW THAT, UM, THAT THE CRIME IS NOT HAPPENING WHEN THE SECURITY IS THERE.

UH, AND THAT HAS BEEN INTERPRETED AS THE SECURITY IS THERE AT THE WRONG TIME.

ISN'T ANOTHER WAY OF LOOKING AT THAT, THAT THE SECURITY IS EFFECTIVE, UM, BECAUSE THERE'S NOT CRIME OCCURRING WHILE THEY'RE THERE? I MEAN, IT COULD BE.

IT JUST, IT, IT'S JUST ONE OF THOSE WHERE, UH, AGAIN, WE, WE, WE DON'T KNOW BECAUSE WE'RE JUST LOOKING AT WHEN THE CRIME IS HAPPENING.

OKAY.

ARE YOU FAMILIAR WITH THE CONCEPT OF SURVIVORSHIP BIAS? NO.

OKAY.

UM, YOU HAD SAID THAT THE PROPERTY OWNER IS DOING A LOT, AND OBVIOUSLY THE PROPERTY OWNER HAS TESTIFIED THAT THEY'RE SPENDING A LOT OF MONEY, BUT YOU, SO DO YOU BELIEVE THAT THEY ARE ALLOCATING SUFFICIENT RESOURCES AND POTENTIALLY JUST LOCATING THEM? YEAH, I THINK THAT'S ONE OF THE THINGS WE TALKED ABOUT IS THAT, I MEAN, THEY'RE, THEY'RE NOT ALLOCATING IT CORRECTLY.

OKAY.

THANK YOU.

UM, ARE THERE ANY CODE ISSUES WITH THE

[02:35:01]

PROPERTY CURRENTLY? I, I CAN SPEAK BRIEFLY TO THAT, BUT CODE IS NOT A CONCERN FOR, UH, THE CITY WITH THIS PROPERTY? NO.

OKAY.

THANK YOU.

THERE ARE A HANDFUL.

I WON'T SAY NO, BUT, UH, NOTHING THAT IS OF CONCERN.

OKAY.

ALSO, UH, DETECTIVE, YOU HAD MENTIONED THAT, UH, DPD PRIORITIZES CERTAIN TYPES OF, UH, CRIMES, UH, YOU KNOW, FOR, FOR RESPONSE, UH, TIME OR RESPONSE AT ALL.

DO YOU THINK IT IS APPROPRIATE TO HAVE PRIORITIES LIKE THAT? YEAH.

UM, BECAUSE OF THE FACT THAT, YOU KNOW, JUST AS WORKING IN PATROL, UM, YOU KNOW, CERTAIN AREAS OF DALLAS ARE, ARE SUPER BUSY.

I MEAN, IN, IN A TYPICAL SHIFT, YOU CAN GET, YOU HAVE TWO OR THREE SHOOTINGS, UM, YOU KNOW, AT ONE TIME IN THE EVENING OR AT NIGHTTIME, AND YOUR RESOURCES ARE ALLOCATED THERE.

UM, YOU KNOW, SO YOU CAN ONLY SEND YOUR, YOUR PEOPLE THAT YOU HAVE TO THE MOST IMPORTANT CALLS.

UM, BUT AGAIN, THAT'S OUTTA MY PAY GRADE.

AND AT THE END OF THE DAY, IT'S, IT'S WHAT WE'VE BEEN DOING FOR YEARS.

ALL RIGHT.

THANK YOU, DETECTIVE.

UM, I BELIEVE THAT IS IT FOR THE BOARD QUESTIONING.

UH, AND SO WE WILL NOW PROCEED WITH, UH, CLOSING STATEMENTS.

EACH SIDE WILL GET 10 MINUTES, AND WE WILL BEGIN WITH THE APPELLANT, IF YOU'RE READY.

YES.

PROCEED.

IN CLOSING, WE WOULD JUST LIKE TO, UH, BRIEFLY DISCUSS, UM, SOME OF THE, SOME OF THE MEASURES.

I KNOW THAT WE'VE, WE'VE, UH, HEARD DETECTIVE FERNANDEZ'S TESTIMONY, OF COURSE, YOU'VE HEARD, UM, OUR CLIENT'S REPRESENTATIVE SHAUNA'S TESTIMONY ON THIS.

UH, I, I, I STILL BELIEVE THAT IT IS, UH, IT IS IRRE IRREFUTABLE THAT, UH, OUR CLIENT HAS NOT KNOWINGLY TOLERATED THESE, THESE CRIMINAL ACTIVITIES.

AND TO BRING US BACK TO THE ORIGINAL QUESTION, UH, THAT'S, THAT'S THE QUESTION BEFORE THE BOARD TODAY.

IT'S, IT'S, IT'S NOT WHETHER WE HAVE, UH, ALLOCATED OUR RESOURCES IN THE EXACT MANNER, UH, THAT THE DPD SUGGESTS.

IT'S NOT IF WE HAVE DONE EVERY SINGLE MEASURE THAT THE DPD HAS REQUESTED.

THIS IS A PRESUMPTION THAT WE ARE HERE TO OVERCOME TODAY.

AND IT'S A PRESUMPTION THAT THE PROPERTY OWNER HAS KNOWINGLY TOLERATED CRIME, AAT CRIME AT THE PROPERTY.

AND I THINK OUR EVIDENCE DEMONSTRATES THAT OUR CLIENT HAS BEEN EXTREMELY PROACTIVE IN ABATING CRIME AT THE PROPERTY.

AND IT'S VERY EASY TO LOOK FROM THE OUTSIDE IN, IN AN EXTREMELY HIGH CRIME AREA THAT, AS DETECTIVE HERNANDEZ HAS, HAS IDENTIFIED AND SAY, WELL, YOU WEREN'T DOING IT.

EXACTLY CORRECT.

AND THE DPD IS SAYING, WELL, YEAH, THERE WERE 114 CALLS PLACED, BUT NO ONE ASKED HOW MANY OF THOSE WERE ACTUALLY SERVICED BY THE DPD.

WE DON'T KNOW THOSE NUMBERS, AND I, I WOULD APPRECIATE SEEING THOSE NUMBERS, AND WE ANTICIPATE LIKELY DOING AN OPEN RECORD REQUEST TO RECEIVE THOSE.

BUT IT'S HIGHLY POSSIBLE THAT THE DPD IS NOT ALLOCATING THEIR RESOURCES EFFECTIVELY.

IF THIS IS A TOP THREE MOST DANGEROUS QUOTE, MOST DANGEROUS PROPERTY IN THIS AREA, YOU WOULD THINK THAT THE MAJORITY OF THESE CALLS WOULD BE SERVICED.

OR IF, AS MR. DETECTIVE HERNANDEZ MENTIONED, MAYBE THERE JUST AREN'T VIOLENT ENOUGH CRIMES HAPPENING HERE.

IF THERE WERE MURDERS, THEN WOULD POLICE SHOW UP.

WHAT, WHAT CRIME NEEDS TO HAPPEN AT THE PROPERTY TO GET OUR, THE SERVICE FOR THIS PROPERTY, IF IT'S ONE OF THE TOP THREE MOST DANGEROUS, WHAT NEEDS TO HAPPEN IN ORDER FOR THE DPD TO ALLOCATE RESOURCES IN A MANNER THAT ALLOWS OUR PROPERTY TO HAVE DPD ON SITE? WE, WE PAY PROPERTY TAXES JUST LIKE EVERY OTHER PROPERTY THERE.

AND THAT'S, THAT'S A SERVICE THAT GOES WITH IT.

UH, SO I JUST, I, I DON'T THINK THAT THAT THE ORDINANCE IS, UH, IS, UM, IS BEING PRESENTED IN THE, IN THE PROPER MANNER.

IT'S, WE'RE HERE TO DISCUSS WHETHER OR NOT OUR CLIENT KNOWINGLY TOLERATED THIS TO HAPPEN ON THE PROPERTY.

AND OVERWHELMINGLY, THE ANSWER TO THAT IS NO.

WE HAVE ALLOCATED HUNDREDS OF THOUSANDS OF DOLLARS AND ALLOCATED MUCH MORE THAN THAT TIME, WEEKLY MEETINGS, THINGS LIKE THAT, TO MAKE SURE THAT CRIME IS ABATED.

AND ANOTHER THING WITH, AS FAR AS THESE LEASES, IT'S NOT SO EASY AS JUST TO EVICT A COMMERCIAL TENANT.

THERE'S, IT'S GOTTA BE SPECIFIED IN THE LEASE.

WHO, WHO WOULD LEASE A PROPERTY IF WE COULD SAY, HEY, IF WE DON'T LIKE WHAT YOU'RE SELLING, WE'LL EVICT YOU.

THAT'S NOT HOW IT WORKS.

IT'S IF THEY ENGAGE IN CONDUCT THAT'S ILLEGAL, WHICH NO ONE HERE HAS SAID THAT ANY OF THOSE MATERIALS ARE ILLEGAL 'CAUSE THEY'RE NOT, BUT IT'S NOT AS EASY TO JUST EVICT A COMMERCIAL TENANT.

IF SO, THEY WOULDN'T SIGN THAT LEASE.

THAT'S JUST PART OF BUSINESS.

AND I, I, I THINK OVERWHELMING

[02:40:01]

THAT OUR, OUR CLIENT HAS SATISFIED THE MAJORITY OF THESE MEASURES THAT ARE DEEMED REASONABLE.

AND THAT'S WHAT THE ORDINANCE SAYS.

IT'S NOT WHAT THE DPD SAYS IS REASONABLE.

IT'S THE ORDINANCE.

AND OUR CLIENT HAS SATISFIED THE MAJORITY OF THOSE AND HAS DONE SO FOR SEVERAL YEARS NOW.

AND RESPECTFULLY, THE DPD DOES NOT GET TO SAY, YOU NEED SEVEN CAMERAS, YOU NEED EIGHT CAMERAS, YOU NEED 30 CAMERAS, OR WHATEVER, WHATEVER THE AMOUNT MAY BE.

IT'S, IT'S WHETHER THE PROPERTY OWNER IS BEING PROACTIVE AND IS MEETING THESE THINGS THAT ARE, THAT ARE SPECIFIED BY THE ORDINANCE AND IS, IS IN A CONTINUING EFFORT TO OBEY CRIME WEEKLY MEETING SHAUNA'S VERY, VERY FAMILIAR WITH THE CRIME RATE AT THE PROPERTY THAT'S ALREADY IN A BAD AREA.

UH, SO IN CLOSING, I WOULD JUST SAY THE QUESTION BEFORE US IS WHETHER RED MOUNTAIN ASSET FUND HAS KNOWINGLY TOLERATED THIS TO CONTINUE TO OCCUR BY FAILING TO TAKE REASONABLE STEPS.

AND IF THE ANSWER TO THAT IS YES, I WOULD BE SORELY CONFUSED, UH, GIVEN THE EVIDENCE THAT THAT WE'VE PRESENTED.

AND OF COURSE, THAT'S WHY WE'RE CONFUSED HERE TODAY THAT, UH, THAT THE DPD PREVIOUSLY DETERMINED THAT THAT WAS NOT MET.

UM, BUT ALL I WOULD SAY IS TO PULL THIS BACK TO THAT, THAT THIS IS SIMPLY A PRESUMPTION WE'RE OVER, WE'RE HERE TO OVERCOME TODAY.

UH, IT'S NOT WHETHER, WHETHER WE'VE MET EVERY SINGLE STANDARD THAT THE DPD SAYS WE SHOULD BE DOING, UH, BASED ON THEIR MISALLOCATION OR ALLOCATION OF RESOURCES TO A HIGH CRIME PROPERTY.

THANK YOU.

ALL RIGHT.

UH, AND, UM, MR. SKINNER, WILL YOU BE, UH, DELIVERING THE CLOSING? YES.

ALL RIGHT.

UH, YOU HAVE 10 MINUTES.

ALL RIGHT.

THANK YOU.

THANK YOU TO ALL THE MEMBERS OF THE BOARD FOR YOUR CONSIDERATION OF THIS MATTER TODAY.

UM, WE'VE, WE'VE PRESENTED A LOT OF EVIDENCE, BUT IT'S A REALLY SIMPLE CASE.

UM, IN, IN MANY RESPECTS, I AGREE WITH MR. GILLILAND.

THIS IS ABOUT DID THE, DID THE OWNER KNOWINGLY TOLERATE THE CRIME THAT WAS OCCURRING AT THE PROPERTY? AND, AND THE TOLERANCE IS NOT? UM, DID, DID THEY DO SOMETHING? IF YOU DO SOMETHING, YOU HAVEN'T TOLERATED IT? UM, WE, WE DON'T DISAGREE THAT MEASURES HAVE BEEN IMPLEMENTED AT THE PROPERTY.

UH, OUR OUR ISSUE COMES DOWN TO THE SUFFICIENCY OF THE MEASURES.

AS YOU'VE HEARD MANY TIMES TODAY.

UH, THERE, THERE'S NO ARGUMENT THAT THE, THAT THE 38 DEBATABLE CRIMES HAVE OCCURRED IN THE PAST FIVE YEARS.

NINE IN, IN THE YEAR OF THIS DESIGNATION PERIOD.

UH, THESE WERE, THERE WERE SOME VIOLENT CRIMES.

THERE WERE DRUG CRIMES.

UH, THEY WERE COMMITTED BY INDIVIDUALS LOITERING ON THE PROPERTY.

THE, THE LOITERING, UM, IS, IS WHAT WE SEE AS A SYMPTOM, UH, BUT NOT THE CRIME THAT'S ACTUALLY OCCURRING.

THAT THAT IS WHAT'S HAPPENING.

AND, AND THERE ARE WAYS TO ADDRESS THAT, UM, TO ADDRESS THE SURVIVORSHIP BIAS.

UM, WE HAVE, HAVE CONSIDERED THAT, OR AT LEAST I HAVE, UM, UH, BUT WE'RE STILL SEEING THE CRIME.

THE CRIME IS STILL THERE.

THE PURPOSE OF THIS ORDINANCE IS, IS THERE CRIME AND, AND WHAT WAS DONE ABOUT THAT CRIME THAT WAS OCCURRING? IF THERE'S CRIME OCCURRING OUTSIDE OF THOSE HOURS, THEN SOMETHING NEEDS TO CHANGE.

WE'RE LOOKING FOR PROACTIVE PROPERTY OWNERS TO, TO STEP UP AND, AND MAKE THE CHANGES, BE CONSTANTLY AWARE OF WHAT IS HAPPENING.

UM, SO REGARDING THE CAMERAS, UH, REAR FACE CAMERAS ON THE REAR OF THE BUILDING, I MEAN, THERE, OVER HALF OF THIS BUILDING HAS, HAS NO CAMERA, UH, SURVEILLANCE AT ALL.

UM, THESE ARE, THESE ARE AREAS WHERE PEOPLE CAN RUN AWAY TO THE, THE REAR OF THE BUILDING IS RIGHT NEXT TO THE OKAY.

FOOD MART.

AND ONCE THEY TURN THAT CORNER, UM, YOU KNOW, THAT THAT'S SOMETHING THAT WE CAN'T FOLLOW.

UM, WE'VE ALSO, WE'VE TALKED ABOUT THE SECURITY AND THE, AGAIN, IT, IT IS AN ALLOCATION OF RESOURCES, UH, ISSUE HERE.

UM, IF YOU, THE CITY IS NOT CONCERNED WITH HOW MUCH MONEY SOMEONE HAS SPENT INTO SOMETHING, WE UNDERSTAND THAT, THAT AN ASPECT OF REASONABLENESS IS THE EXPENSE OF THESE THINGS.

BUT TO, TO SHIFT THESE TIMES AND TO, TO TRY DIFFERENT THINGS, TO BE SHOWING SOME PROACTIVITY OF, OF ADDRESSING THEM INSTEAD OF PUTTING SOMETHING IN PLACE AND SAYING, THAT'S, THAT'S GOOD.

UM, I WOULD ALSO LIKE TO POINT OUT THAT ESPECIALLY REGARDING THE CAMERAS DURING THE HCP PERIOD, THERE WERE NONE.

AND AS WE'VE HEARD, WE'VE BEEN THROUGH THIS PROCESS BEFORE, IT'S SOMETHING WE'VE RECOMMENDED.

UM, THEY HAVE JUST NOW BEEN, BEEN PUT IN.

SO, TO, UH, TO THE CHAIR'S QUESTION EARLIER, UH, YOU KNOW, THERE ARE CAMERAS AT THE, OKAY, FOOD MART IS PRIME GOING DOWN.

UM, WE DON'T KNOW HOW LONG THOSE HAVE BEEN IN.

UH, WE HAVEN'T HAD TIME TO SEE HOW THESE NEWLY IMPLEMENTED MEASURES, UH, ARE, ARE AFFECTING THINGS.

BUT THEY WEREN'T IN PLACE DURING THE HCP PERIOD.

UM, THE, THE DPD, UH,

[02:45:01]

HAS MADE AN ATTEMPT IN THIS CASE AS WELL, TO, TO REDUCE THIS PERIOD TO COME TO AN AGREEMENT.

UH, WE HAVE MECHANISMS FOR THE DPD TO REEVALUATE THIS PROPERTY ONCE THESE PRESUMPTIONS HAVE BEEN MET.

SO WE WE'RE NOT LOOKING TO, UH, WE ARE LOOKING FOR A COLLABORATIVE PROCESS WHERE WE WORK WITH THE PROPERTY OWNER.

UM, AS, AS MR. HAYES, UH, QUESTIONED EARLIER, WE SENT THIS, WE DIDN'T HEAR A RESPONSE FOR OVER TWO MONTHS UNTIL AFTER THE FIRST HEARING, UH, HAD ALREADY PASSED.

UH, WHAT WE'RE LOOKING FOR IS A COLLABORATIVE RELATIONSHIP.

AND THE COLLABORATIVE RELATIONSHIP.

UH, IT, IT EXISTS OUTSIDE OF COMMUNITY PROSECUTION AND NUISANCE ABATEMENT.

THE, THE CALLS TO POLICE OFFICERS, THE DPD, UH, THE, THE CONCERNS THAT EXIST THERE.

UM, THERE, THERE IS A LOT OF ATTENTION BEING PAID TO THIS PROPERTY.

WE DON'T KNOW WHAT THE CRIME WOULD LOOK LIKE IF THE DOWS POLICE OFFICERS FOR THOSE 114 CALLS FOR HOWEVER MANY TIMES THEY CAME OUT, IF THEY WEREN'T ON THIS PROPERTY AS OFTEN, WOULD THE CRIME BE WORSE? UM, IT IS SOMETHING THAT CAME TO OUR ATTENTION BECAUSE OF HOW MUCH TIME THEY WERE HAVING TO SPEND OUT THERE AND, AND THE CRIMES THAT AREN'T COMMITTED BECAUSE THE POLICE OFFICER'S PRESENCE IS ALREADY THERE.

UM, YOU KNOW, THAT THAT IS SOMETHING THAT SHOULDN'T BE CONSIDERED BECAUSE THEY'RE THERE BECAUSE OF THE CRIME THAT IS OCCURRING.

SO, UH, WE'VE, WE'VE BEEN OVER, WE'VE BEEN OVER EVERYTHING WE, WE'VE UNDERSTAND.

IT COMES DOWN TO DID THEY KNOWINGLY TOLERATE THE CRIMINAL ACTIVITY THAT WAS ON THE PROPERTY? AND, UH, IT, IT, IT'S NOT A CHECKBOX.

IT'S NOT THEY DID SOMETHING.

IT, IT, WHAT THEY'VE DONE IS NOT ENOUGH.

AND WE, WE RESPECTFULLY REQUEST THAT THE BOARD AFFIRM THE DALLAS POLICE DEPARTMENT'S, UH, DECISION TO DESIGNATE THIS PROPERTY, HABITUAL CRIMINAL PROPERTY.

THANK YOU.

THANK YOU, MR. SKINNER.

UH, AND THAT WILL BRING A CLOSE TO THE PRESENTATIONS.

UM, IS THERE A MOTION FROM THE BOARD REGARDING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY FOR RED MOUNTAIN ASSET FUND? ONE LLC? I MOVE THAT WE UPHOLD THE CHIEF OF POLICE'S DESIGNATION AS A HABITUAL CRIMINAL PROPERTY.

MR. HAYES, UH, MOVES TO AFFIRM.

IS THERE A SECOND? SECOND, SECOND BY MR. QUINT.

ALL RIGHT.

UH, WE'LL NOW HAVE DISCUSSION ON THE MOTION.

UH, MR. HAYES, IT'S YOUR MOTION, SO YOU GET TO GO FIRST.

OKAY.

UM, THIS IS A, NOT OUR EASIEST ONE.

UH, I DO HAVE SOME SYMPATHY FOR THE PROPERTY OWNERS IN THAT OBVIOUSLY THEY'RE IN A HIGH CRIME AREA ITSELF, AND THEY HAVE NOT TOTALLY IGNORED THE PROBLEM.

THEY'VE TAKEN SOME STEPS, UH, WHICH IN THE OPINION OF THE POLICE DEPARTMENT AND ME ARE INADEQUATE.

AND I'M ALSO CONCERNED THAT DESIGNATION AS AN HCP WON'T HELP THE SITUATION AT ALL.

HOWEVER, AS A DEVOUT CAPITALIST, I'M JUST APPALLED BY THE APPARENT WASTE OF ALL THE RESOURCES THEY PUT INTO THIS.

SIMPLE THINGS LIKE WHAT'S THE TIMING OF WHEN THE SECURITY PEOPLE ARE THERE? UH, ALSO MY CRAP DETECTOR, IF YOU'RE PARDON THE EXPRESSION TELLS ME YOU'RE NOT GETTING YOUR MONEY'S WORTH OUT OF THE PRIVATE SECURITY COMPANY EITHER.

UM, AND I, I COULD JUST, IN LOOKING OVER THE EXHIBITS LAST NIGHT, WHICH WAS MY FIRST EXPOSURE TO ALL THIS, SEE THAT THOSE WERE PROBLEMS ALONG WITH CAMERAS AND THE FENCING ISSUE AS WELL.

SO WHILE THE COMPANY HAS SPENT MONEY, THEY HAVE DONE SO VERY INEFFECTIVELY.

THE TWO RED FLAGS THAT REALLY PUSHED ME OVER TO MAKE A MOTION, NOT TO OVERTURN THE DESIGNATION.

UH, ONE WAS THAT I, THAT LETTER OF DECEMBER 21ST, WHERE THE POLICE DEPARTMENT WAS OBVIOUSLY TRYING VERY HARD TO WORK WITH THE OWNERS TO GET THE SITUATION RESOLVED, WAS IGNORED FOR TWO MONTHS.

AND TWO, THE FACT THAT THE LO THE CONTRACTOR WHO IS YOUR QUOTE ON SITE PROJECT MANAGER, IS NOT EVEN HERE AT THIS HEARING, RAISES A BIG RED FLAG TO ME.

AND I THINK THAT'S ANOTHER PLACE YOU'RE WASTING MONEY.

SO THAT'S, BUT THAT'S JUST MY OWN PERSONAL OPINION.

THANK YOU.

THANK YOU, MR. HAYES.

UH, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? OKAY.

IF NOBODY ELSE WANTS TO, I'LL SPEAK AGAINST THE MOTION.

AND MR. HAYES, I PREDICT THAT WHEN I'M DONE, YOU'LL AGREE WITH ME.

UM, I DON'T THINK THIS IS AN EASY ONE, AND I WENT BACK AND FORTH ALL DAY ON IT, BUT IT WAS ACTUALLY SOMETHING THAT THE DETECTIVE

[02:50:01]

SAID, AND THAT MR. SKINNER REPEATED IN HIS CLOSING THAT CONVINCED ME, UH, THAT THIS SHOULD BE OVERTURNED.

AND THAT WAS THE DETECTIVE SAID, AND I'M PARAPHRASING NOT QUOTING, I'M NOT SAYING THAT THEY HAVEN'T DONE ANYTHING.

I'M SAYING WHAT THEY'VE DONE IS NOT EFFECTIVE.

AND IN RESPONSE TO MY QUESTION, HE SAID HE DOES NOT BELIEVE THAT, UH, THEY'RE NOT ALLOCATING SUFFICIENT RESOURCES.

UH, HE BELIEVES THAT THE RESOURCES ARE MISALLOCATE AND MR. SKINNER REPEATED SOMETHING SIMILAR.

AND MR. HAYES, YOU JUST SAID THE SAME THING.

UM, HOWEVER, TO ME, THE FACT THAT EVERYBODY AGREES THEY'RE ALLOCATING SUFFICIENT RESOURCES ACTUALLY OVERCOMES THE PRESUMPTION THAT THEY'RE KNOWINGLY TOLERATING IT.

THIS IS NOT A RESULTS-BASED, UH, ORDINANCE.

THEY ARE NOT REQUIRED TO ACTUALLY ABATE THE CRIME ON THE PROPERTY.

THE QUESTION OF WHETHER THERE'S FIVE DEBATABLE CRIMINAL OFFENSES IS MERELY A THRESHOLD ISSUE THAT GETS 'EM IN THE DOOR.

AND THEN THE REAL IMPORTANT QUESTION, WHICH I APPRECIATE BOTH OF Y'ALL'S PRESENTATIONS, I THOUGHT THEY WERE BOTH EXCELLENT.

AND I APPRECIATE Y'ALL NARROWING DOWN TO THE ISSUES THAT ARE IN DISPUTE, WHICH IS, HAS THE PROPERTY OWNER KNOWINGLY TOLERATED THE CRIME THAT IS OCCURRING? UM, AND I THINK EVERYBODY HERE AGREES THAT THEY ARE PUTTING SIGNIFICANT RESOURCES AND POSSIBLY EVEN SUFFICIENT RESOURCES IN JUST MISAL ALLOCATING THEM.

AND I DON'T THINK ANYBODY WOULD ARGUE THAT THEY'RE INTENTIONALLY LOCATING THE RESOURCES, THAT THEY'RE INTENTIONALLY HAVING SECURITY AT THE WRONG TIMES.

IF THAT'S THE CASE.

UM, I, I THINK IF ANYTHING, YOU KNOW, I I WOULD ARGUE THAT IT'S SURVIVORSHIP BIAS, MEANING THAT THE CRIME IS NOT, IT'S NOT THAT CRIME IS HAPPENING AT THE TIME AND THEY'RE HAVING SECURITY THERE AT THE WRONG TIMES.

IT'S THAT CRIME IS NOT HAPPENING WHEN THE SECURITY IS THERE, MEANING THAT THE SECURITY IS AFFECTED.

NOW, MAYBE THAT MEANS THEY NEED TO HAVE SECURITY AT DIFFERENT TIMES ON DIFFERENT DAYS AND ROTATE IT OR HAVE MORE HOURS, BUT THEY'RE EVEN HAVING SECURITY THERE FOR MORE HOURS THAN WHAT THE CITY HAS ASKED THEM TO DO.

THE CITY ONLY ASKS FOR 40 HOURS, AND THEY HAVE SECURITY THERE FOR 50 TO 60 HOURS A WEEK.

SO THERE'S NO QUESTION THAT THERE'S NO DISPUTE THAT THEY ARE ALLOCATING RESOURCES AND THEY'RE ALLOCATING SUFFICIENT RESOURCES, JUST THAT THEY'RE NOT PUTTING THEM IN EXACTLY THE, THE, UH, THE RIGHT SPOT.

AND TO ADDRESS A COUPLE OF SPECIFIC POINTS, MR. HAYES, UM, YOU KNOW, YOU MENTIONED THE AGREEMENT THAT THE CITY PROPOSED.

UM, I, AGAIN, I WE'RE 180 DEGREES OFF ON THAT AGREEMENT.

THAT AGREEMENT WOULD HAVE REQUIRED THE, THE OWNER NOT ONLY TO DROP THIS APPEAL, ACCEPT THE DESIGNATION AS A HABITUAL CRIMINAL PROPERTY, PAY THE FINES AND PUT UP SIGNS, THEY ALSO WOULD HAVE AGREED, HAD TO AGREE TO DO ALL OF THE THINGS THAT THE CITY WANTS THEM TO DO.

SO, I MEAN, THAT'S JUST AN EXAMPLE OF THE CITY TRYING TO HAVE ITS CAKE AND EAT IT TOO.

UM, THERE WAS, THERE'S, IF I WAS THE PROPERTY OWNER, I WOULD NOT HAVE ACCEPTED THAT AGREEMENT.

THERE'S ABSOLUTELY NO INCENTIVE FOR THE PROPERTY OWNER TO ACCEPT THAT AGREEMENT.

THEIR WORST CASE SCENARIO TODAY, IF THEY LOSE, IS THEY ONLY HAVE TO PAY THE FINE AND PUT UP THE SIGNS.

RIGHT? SO ACCEPTING THAT AGREEMENT, UH, FRANKLY, AS A DEVOUT, UH, CAPITALIST WOULD'VE BEEN REALLY STUPID.

UM, AND I'M NOT GONNA SAY, YOU KNOW, THAT I THINK THAT KIND OF THING IS, UH, EXTORTED, BUT FRANKLY, I DON'T THINK THAT THE CITY SHOULD BE USING THE THREAT OF SIGNS AND FINES IN ORDER TO GET MORE THAN WHAT IS REQUIRED UNDER THE ORDINANCE.

UM, SO I HAVE 30 SECONDS LEFT.

UM, THE OTHER THING I'M GONNA POINT OUT, WE HAVE SEVEN AND A HALF DEBATABLE CRIMINAL OFFENSES EACH YEAR OVER THE LAST FIVE YEARS.

THAT DOESN'T STRIKE ME AS A LOT IN WHAT EVERYBODY CONCEDES IS A HIGH CRIME AREA.

UM, IT SEEMS LIKE ALL OF THE CRIME ON THIS PROPERTY IS CONCENTRATED ON, UH, ONE BUSINESS.

AND THAT BUSINESS DOES ACTUALLY HAVE THE CAMERAS AND ADDITIONAL SECURITY.

UM, SO IF ANYTHING THAT'S POTENTIALLY EVIDENCE THAT THAT'S NOT WHAT IT'S GONNA TAKE, UM, OR AGAIN, IT'S EVIDENCE THAT THIS IS JUST THE BACKGROUND

[02:55:01]

LEVEL OF CRIME FROM BEING IN A HIGH CRIME AREA.

UH, THERE ARE CAMERAS IN THE BACK OF THE BUILDING, UH, LOOKING AT THE PICTURES.

IT'S ALL WELL LIGHTED.

UH, THEY MAINTAIN THE LIGHTING SYSTEMS, THEY GOT RID OF THE AREAS WHERE PEOPLE WERE CONGREGATING.

UM, SO I THINK THIS IS A SITUATION WHERE THE, UH, THE PROPERTY OWNER HAS IN MY MIND, DEFINITELY OVERCOME THE PRESUMPTION THAT THEY ARE TOLERANT OF THIS ACTIVITY AND MY TIME IS UP.

UH, SO, UH, UH, LET'S SEE.

UH, MR. HAYES, YOU SPOKE FOR, I SPOKE AGAINST, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK, UH, ON THE MOTION? NEITHER FOR OR AGAINST, UM, MR. CHAIRMAN, MAY I CLARIFY ONE POINT THIS, UH, I WILL COME BACK TO YOU.

OKAY.

UM, IF THERE'S NOBODY WHO'D LIKE TO SPEAK ON THE MOTION, I'D LIKE TO SPEAK FORWARD.

I'D LIKE TO SPEAK ON THE MOTION.

OKAY.

MR. CILLA, YOU'RE RECOGNIZED ON THE MOTION FOR FIVE MINUTES.

SURE.

SO MY ONLY, MY ONE PIECE I WANT TO POINT OUT THAT WAS, I CONSIDERED KNOWINGLY BECAUSE IT WAS ADMITTED BY THE SENIOR PROPERTY MANAGER, WAS THAT SHE KNOWS THAT THE CONVENIENCE STORE OR SMOKE SHOP DOES, UM, MAINTAIN.

AND THEN THERE WERE PHOTOS OF IT, OF THE DIFFERENT UTENSILS, ITEMS THAT ARE USED IN CRIMINAL ACTIVITY AS WELL AS SPECIFICALLY DRUG PARAPHERNALIA.

AND SO I'M NOT SURE FOR OR AGAINST, BUT I DON'T THINK THAT IT IS THAT THERE, I THINK THERE ARE AT LEAST ONE EXAMPLE, POSSIBLY TWO EXAMPLES.

'CAUSE WE HAVE PHOTOS PLUS THE IDEA THAT THE SENIOR PROPERTY MANAGER DOES NOT VISIT ON A WEEKLY BASIS, WHICH WAS AN EXHIBIT 11 OF THEIR OWN, UM, OF THEIR OWN, UH, PRESENTATION OF EXHIBITS.

THE APPELLANT'S POSI IS THAT IT STATED THAT ONE OF THE RECOMMENDATIONS BY THE CITY WAS INSPECT ALL SUITES WEEKLY.

AND ALL WE HEARD WAS THAT WE ONLY INSPECT THE, THE VACANT ONES.

AND SINCE SHE'S OUT OF TOWN, WHAT WE DIDN'T HAVE WAS WE HAD LACK OF EVIDENCE OF WHETHER THEY CONSIDERED ANY OF THOSE EXAMPLES OF WHAT THEY COULD DO, UM, IN ORDER TO INSPECT THESE SUITES, UM, ON A WEEKLY BASIS BY THE ACTUAL PROPERTY MANAGER THAT'S ON SITE.

AND SO I INTERESTED TO HEAR MORE FROM THE OTHER BOARD MEMBERS, BUT I DO THINK THERE IS EVIDENCE IN REGARD TO KNOWINGLY TOLERATING, UM, WHETHER, AND I CAN RESPECT, UM, COUNSEL'S ARGUMENT, MR. GILLIAN, ABOUT, UM, YOU KNOW, THE DIFFICULTY OR, OR ISSUE RELATED TO A COMMERCIAL TENANT.

HOWEVER, THAT IS WHAT LAWYERS ARE FOR.

UM, AND THAT'S WHAT THE LEGAL SYSTEMS FOR IN REGARD TO TRYING TO ENFORCE THAT IN REGARD TO THE LEASES.

UM, IT IS, WHILE I DON'T THINK IT'S DIFFICULT, IT CAN BE CHALLENGING.

AND I DO THINK THAT IT CAN BE, UM, YOU KNOW, SOMETHING THAT IS NOT IMMEDIATE, BUT IT CAN BE ENFORCED.

AND SO, UM, AGAIN, I'M EAGER TO HEAR THE REST OF THE BOARD MEMBERS IN REGARD TO THIS, BUT I DO THINK THERE IS, UH, SOME KNOWING, UM, UM, EVIDENCE OR KNOWLEDGE OF BEING TOLERANT IN REGARD TO THIS, UH, PARTICULAR ISSUE.

THANK YOU.

THANK YOU, MR. ILLA.

UH, MR. QUINT, YOU WANTED TO SPEAK.

YOU'RE THE SECOND AND YOU WANTED TO SPEAK IN FAVOR OF THE MOTION, YOU'RE RECOGNIZED.

YES.

THANK YOU, CHAIR.

SO, UM, I'M GONNA BE REALLY BRIEF.

UM, I, I TOTALLY AGREE WITH, WITH, UH, RICHARD AND JACK'S, UM, THOUGHTS, BUT WHEN WE THINK BACK THAT THIS IS DATED BACK TO 2019, WHERE THEY'VE HAD, UM, ENOUGH CRIMES, I REALIZE THAT'S JUST A THRESHOLD THAT WE'RE DEALING WITH.

BUT THEY'VE HAD ENOUGH CRIMES, BUT YET DONE VERY LITTLE UNTIL THEY GOT THE HCP NOTIFICATION, AND THEN THEY DECIDED IT WAS TIME TO TAKE, UH, ACTION TAKE MEASURES TO STOP IT.

SO THEY KNOWINGLY ALLOWED IT TO GO FROM 19 TO 23.

SO WE'VE NOW STARTED PUTTING BANDAIDS ON THE, THE, THE PROBLEM, BUT WE HAVEN'T FIXED THE PROBLEM.

SO I, I THINK THAT YES, IN ESSENCE FOR THE LAST ALMOST FIVE YEARS, THEY'VE ALLOWED IT TO HAPPEN AND DONE NOTHING TO STOP IT.

THANK YOU, SIR.

THANK YOU, MR. QUINT.

UH, ANYBODY ELSE? UH, WANT TO SPEAK AGAINST THE MOTION? OKAY, THEN I WILL RECOGNIZE MYSELF, UH, TO SPEAK AGAINST THE MOTION.

AGAIN, I WANNA ADDRESS SOMETHING THAT, UH, MR. QUINT JUST SAID.

I, I DON'T SEE ANYTHING IN HERE THAT THEY DID AFTER, UH, THEY GOT THE LETTER OF HCP, EVERYTHING THAT THEY, ALL OF THE EVIDENCE THAT THEY PREVENTED PRESENTED IS STUFF THAT THEY DID BEFORE.

[03:00:02]

UH, THE, THE ONLY THING THAT WASN'T ACTUALLY DONE, COMPLETED BEFORE WAS THE CAMERAS, BUT THEY HAD, THEY ALREADY HAD A CONTRACT TO INSTALL THE CAMERAS, AND THEY WERE INSTALLED, IT LOOKS LIKE WITHIN A MONTH OF HAVING THE HCP.

BUT THE CONTRACT WAS ALREADY IN PLACE, UH, TO INSTALL THE CAMERAS.

AND THERE WAS THE TOWER CAM, AND THEY PREVIOUSLY HAD A TOWER CAM FROM DPD PRIOR TO THE HCP LETTER.

DPD REMOVED THE TOWER CAM.

UM, WHICH, YOU KNOW, THERE ARE A LOT OF REASONS THAT THAT COULD HAVE HAPPENED, BUT I THINK THE TIMING IS A LITTLE BIT, UH, QUESTIONABLE FOR THE CITY TO MAKE A POINT OUT OF THAT WHEN THAT WAS SOMETHING THAT WAS WITHIN THE CITY'S CONTROL.

AND THEN THE PROPERTY OWNER, AFTER NOT GETTING DPD TO BRING THE TOWER BACK, GOT ITS OWN TOWER.

UM, SO I THINK, AGAIN, THAT ALL ACTUALLY IS IN THE PROPERTY OWNER'S, UH, FAVOR, IN FACT.

UM, SO THAT'S ALL I HAVE TO SAY ABOUT THAT.

UH, YES.

UH, OKAY.

UH, VICE CHAIR TORRES, YOU'RE RECOGNIZED TO SPEAK ON THE MOTION.

THANK YOU.

CHAIR.

I, TOO WAS REALLY, IT WAS A DIFFICULT CASE.

IT WAS NOT A VERY, YOU KNOW, EASY.

UM, BOTH DID A REALLY GREAT JOB OF CLOSING.

I REALLY APPRECIATE YOUR CLOSING.

IT WAS REALLY GREAT AS FAR AS TELLING US, YOU KNOW, LIKE WHERE WE REALLY SHOULD PUT SOME OF THE, I GUESS WHERE, WHERE WE SHOULD BE LOOKING AT THE SCOPE OF EVERYTHING.

BUT I THINK THIS BOARD EXISTS FOR THAT REASON, TO WHERE WE CAN TAKE INTO ACCOUNT WHAT WE ALSO, YOU KNOW, BELIEVE TO BE REASONABLE.

AND I THINK WHEN IT, I THINK WHAT DID IT FOR ME WAS JUST THE FACT THAT THERE HAD BEEN SOMETHING, YOU KNOW, THEY HAD, THIS HAD COME TO THEM IN 2019, KIND OF LIKE WHAT MR. QUENTIN WAS TALKING ABOUT.

FOR ME, THAT'S THE ONLY THING THAT DID IT.

AND UNFORTUNATELY, I FEEL LIKE THIS, THIS DESIGNATION KIND OF HAD TO COME TO THIS.

UM, IT DIDN'T HAVE TO, IT SOUNDS LIKE THEY WERE AWARE OF SOME OF THESE THINGS IN 2019, BUT I DON'T THINK, I DON'T THINK REASONABLE THINGS HAVE BEEN IMPLEMENTED BECAUSE OF THE DURATION OF THE TIME.

IT'S BEEN A VERY LONG TIME.

UM, AND I DO THINK THAT IT, IT SOUNDS LIKE SOME TENANTS ARE AN ISSUE.

I WOULD AGREE THAT POTENTIALLY, UM, IT IS DIFFICULT TO EVICT A COMMERCIAL TENANT.

UH, I'M NOT REALLY, I DON'T KNOW THAT, BUT I'M, I, I WOULDN'T DISAGREE WITH THAT, BUT I DO THINK THAT THAT MAY BE SOMETHING THAT, UM, Y'ALL CAN LOOK INTO.

BUT WHAT YOU'RE DOING IS GOOD.

I JUST DON'T THINK IT'S, I DON'T THINK IT'S ENOUGH.

CHAIR.

I HAD A QUICK, I WANTED TO ASK A QUICK QUESTION.

IS IT TOO LATE TO ASK FOR A POINT OF INFORMATION? YES, IT IS.

FOR WHAT? TO, TO ASK THE APPELLANT.

WELL, HOW LONG ARE THEY DEEMED TO BE HABITUAL, UH, CRIMINAL PROPERTY? OH, WE CAN ASK OUR BOARD COUNCIL A QUESTION LIKE THAT.

IS IT JUST FOR ONE YEAR? MY UNDERSTANDING WAS THAT IT WAS FOR ONE YEAR.

OKAY.

ONE YEAR.

OKAY.

THEN THEY GET A CHANCE TO APPEAL THE, THE, UM, THEN THE CITY WOULD HAVE TO DO IT AGAIN.

YEAH.

OKAY.

ALRIGHT.

THANK YOU.

IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK FOR THE MOTION? I'M STILL HOLDING ONTO A POINT OF CLARIFICATION WITH YOU, MR. CHAIR, WHENEVER YOU'RE READY.

OH, UH, GO AHEAD.

UM, MY, I AGREE WITH YOU THAT IT WOULD'VE BEEN FOOLISH TO SIGN THAT AGREEMENT THAT WAS PROPOSED BY THE CITY ON DECEMBER 21ST.

MY ISSUE WAS NOT THE CONTEXT OF THE AGREEMENT ITSELF.

IT WAS THAT THEY WAITED TWO MONTHS TO COME BACK WITH ANY KIND OF A RESPONSE TO WHEN THE CITY WAS AT LEAST OFFERING A LITTLE BIT OF AN OLIVE RANCH, IN MY OPINION.

SECONDLY, UH, I THINK REASONABLE EFFORTS MEANS MANAGING YOUR RESOURCES PROPERLY AS WELL.

SO THAT STUFF, THE STUFF WITH THE SECURITY HOURS, UM, FOR ONE AND, AND CERTAINLY THE FENCE AS WELL, UH, AND CAMERAS WERE ALL STUFF THAT THEY SHOULD HAVE KNOWN BETTER IN MY OPINION.

AND SO I DON'T THINK THAT THEIR EFFORTS, ALTHOUGH SOMEWHAT ABUNDANT IN TERMS OF EXPENDITURES, WERE REASONABLE IN TERMS OF USING THEM PROPERLY.

THANK YOU.

THANK YOU.

UM, I'LL GO AHEAD AND SPEAK

[03:05:01]

AGAINST AGAIN SINCE SPEAK.

OH, YOU WANNA SPEAK AGAINST? NO FOR, OKAY.

WELL THEN WE GO IN.

TURN YOU GO FIRST.

YEAH.

WELL, OH, UH, OKAY.

GO AHEAD.

MS. SHIN, YOU, YOU RECOGNIZED THIS BEFORE THE MOTION.

THANK YOU CHAIR.

AND I WANTED TO, UH, JUST POINT OUT THAT I RESPECTFULLY RECOGNIZE WHAT YOU HAVE STATED.

HOWEVER, I STILL AGREE WITH MR. HAYES BECAUSE OF MS. PANOS, UM, TESTIMONY THAT IT'S A PRIORITY OF THEIR COMPANY TO, UM, MAKE SURE THAT THEIR TENANTS FEEL SAFE DURING THEIR BUSINESS HOURS.

AND SO, UM, I THINK THAT GIVES WAY TO, UM, MR. HAYES'S, UM, WAY OF THINKING THAT THERE IS INTENTIONAL, UH, MISALLOCATION OF THEIR RESOURCES.

SO THEY ARE FOCUSING ON WHEN THE OTHER SIDE OF THEIR PROPERTY FROM OKAY, FOOD MART ISN'T, IS OPERATING AND WHEN THOSE TENANTS ARE THERE.

UM, AND SO THEY ARE NOT TAKING THE AVAILABLE CRIME DATA AND FOCUSING THEIR, UH, RESOURCES WHERE THE CRIME DATA SHOWS THAT THE CRIME IS HAPPENING ON THEIR PROPERTY.

SO THAT IS WHY, UM, I AGREE WITH MR. HAYES AND I AM FOR THE MOTION.

UM, LIKE EVERYONE ELSE THAT HAS SPOKEN, IT IS PROBABLY ONE OF THE HARDEST CASES THAT HAS BEEN BEFORE US FOR A WHILE.

UM, BECAUSE IT IS CLEAR THAT THE COMPANY IS DOING SOMETHING, THE PROPERTY OWNER IS TAKING STEPS, BUT AGAIN, IT SEEMS TO BE MISALIGNED MORE FOR THEIR BUSINESS, NOT FOR, UM, ABATING CRIME.

SO THAT'S WHY I'M FOR IT.

THANK YOU, MS. SHIN.

UH, I JUST BRIEFLY AGAIN, UH, FOR THE MOTION, I WANT TO ADDRESS THE ISSUE THAT THIS HAS BEEN GOING ON SINCE 2019.

'CAUSE THAT SEEMS IMPORTANT.

UM, AND I JUST WANT TO NOTE THAT, UH, THERE WAS APPARENTLY A PRELIMINARY DETERMINATION AND AN ACCORD MEETING IN 2019.

UH, AND, UH, THE ASSISTANT CITY ATTORNEY, UH, MR. AIKENS AT THAT TIME AFTER THE ACCORD MEETING, WROTE TO, UM, THE PROPERTY OWNER AND SAID, UH, QUOTE, AS DISCUSSED AT THIS PRESENT MOMENT, WITH CIRCUMSTANCES AS THEY ARE, I'M INCLINED TO SAY, FAILURE TO ENTER INTO AN AGREEMENT WOULD NOT RESULT IN AN HCP DESIGNATION.

AS DISCUSSED IN THE MEETING, MANAGEMENT HAS ALREADY IMPLEMENTED THE MAJORITY OF THE MEASURES INDICATED IN THE AGREEMENT, AND THE MAJORITY OF THE DOCUMENTED DEBATABLE OFFENSES HAVE, I DON'T KNOW WHAT HE MEANS HERE, HAVE OCCURRED WITH THE ASSISTANCE OF SECURITY AND TENANTS ON THE PROPERTY.

I GUESS MEANING THAT, UH, THAT THEY WERE DOCUMENTED WITH THE ASSISTANCE OF SECURITY AND TENANTS ON THE PROPERTY.

UM, SO IN 2019, UH, THE CITY DID MEET WITH THE PROPERTY OWNER AND FELT THAT THEY WERE TAKING, UH, REASONABLE MEASURES AND THERE'S, I DIDN'T SEE ANYTHING INDICATING THAT THE MEASURES HAVE GONE DOWN SINCE 2019, RATHER THAT THEY WENT IN THE OTHER DIRECTION.

SO, UH, THAT'S ALL I'M GONNA SAY ON THE TOPIC.

UM, IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK AGAINST? IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK ON THE MOTION? OKAY.

IF THERE'S NO FURTHER DISCUSSION, UH, WE WILL VOTE.

AND, UM, MR. SEP, HOW MANY VOTES DO WE NEED IN ORDER TO, UH, PASS THE MOTION? WE NEED, UH, IT WILL TAKE SIX VOTES, UH, TO PASS THE MOTION.

SO, UH, WE'LL START WITH A VOICE VOTE.

ALL THOSE IN FAVOR OF AFFIRMING THE DECISION OF THE CHIEF OF POLICE.

UH, PLEASE SAY AYE.

AYE.

AYE.

ALL THOSE OPPOSED, PLEASE SAY NAY.

NAY.

NAY.

ALL RIGHT.

SORRY.

YEAH, LET'S, WE'LL HAVE A VOICE VOTE.

UH, I VOTE AGAINST VICE CHAIR FOR THE MOTION CHAIR.

UH, MS. ORANO IS NOT HERE.

UH, MS. AYALA, ARE YOU FOR OR AGAINST? AGAINST, UH, MS. WILLIS? I'M FOR THE MOTION.

UH, MR. JEFFERSON, FOR MR. CILLA FAVOR? DID YOU SAY IN FAVOR? IN FAVOR OF THE MOTION? UH, MR. JEFF IS NOT PRESENT.

MR. HAYES,

[03:10:02]

FOR THE MOTION.

MR. QUINT FOR THE MOTION.

MS. SHIN FOR THANK YOU CHAIR, THE VOTE PASSES SEVEN TO TWO.

UH, ALL THE BOARD MEMBERS WHO ARE NOT PRESENT, PLEASE REMEMBER TO CHECK YOUR EMAIL FOR THE FINDINGS FOR YOUR SIGNATURE.

UH, THE MEETING IS NOW ADJOURNED AT 11:55 AM THANK YOU ALL.

THANK YOU.

HAVE A GOOD DAY EVERYBODY.

.