RESPONSE TO INADEQUATE SECURITY AT THE LOFTS AT NOHO COMMONS

RESPONSE TO INADEQUATE SECURITY AT THE LOFTS AT NOHO COMMONS

August 1, 2008

TO: Scott McCarter, Redwood Partners, Inc.
Scott Morrison, Legacy Partners Residential, Inc.
Mary O'Rourke, Legacy Partners Residential, Inc.
Octavio Sanchez, Legacy Partners Residential, Inc.

FROM: Families residing at The Lofts at Noho Commons

As per testimony by the residents of numerous complaints to the leasing staff, at The Lofts of Noho Commons, at 11136 Chandler Boulevard, North Hollywood, California 91601, currently under the supervision of Octavio Sanchez, regarding security, maintenance, and health and cleanliness issues, you and your staff have had knowledge of resident dissatisfaction since the introduction of Legacy Partners Residential, Inc. There has been a steady decline in all areas. In all fairness to your staff, we understand there has been some level of dissatisfaction regarding these same issues under Jodie Piccinino, while she was the community manager representing Alliance Residential Company.

Upon review of your letter posted on August 1, 2008, the obvious question one may ask, "why weren't the facts collected of the criminal activity at The Lofts of Noho Commons asked the day of the armed robbery in the parking structure months ago?" With that said, your staff has leased apartments to known drug dealers and prostitutes prior to that incident, which is common knowledge of the families residing here. In addition, numerous vehicles have been vandalized or stolen prior to the robbery, which due to the two cameras in the parking structure, provide limited coverage and to my understanding have not been useful to LAPD to provide any significant evidence of the crime occurring. The single camera in each of the stairwells only provides coverage of the street level doorways. Locks of the street level doors are often broken, propped open with rocks, or tape, as well as on different levels for weeks at a time. Lights in the common areas within the property are often dark, as well as insufficient lighting is available in the common areas outside 11135 Weddington Street, making it easy for predators to wait upon their next victims. The video feeds from the "working" cameras all go to Octavio Sanchez's office, not to a 24-HOUR ONSITE SECURITY OFFICER. The alarms on both doorways to the roof do not sound when opened, which is a fire violation, as well as the pile of boxes in the parking structure that have only recently been discarded. The electronic entry system at each entry point does not work with any consistency, as well has a "backdoor" access code one can use to gain entry the office staff denies exists. In addition, there will be more photos posted on the blog found online at http://loftsatnohocommons.blogspot.com/ of all of the common areas of The Lofts at Noho Commons in the next day or two, along with visual proof of when the photographs were taken. These photos will illustrate the size and scope of the property, as well as the lack of coverage of cameras, as well as to illustrate the problems with the lights in the common areas, and some of the other security issues described above.

The introduction of one patrolling officer between the hours of 9 PM and 6 AM is very much welcome, is far from inadequate to provide protection to the families and children residing in the 292 rental units, as well as the businesses of the 14 live/work units located on 11135 Weddington Street. With the sheer size of this property, and the number of families residing here, it is literally a city, and needs to have a law enforcement presence of one.

In addition, with the park due for construction across the street, next to The Gallery at Noho Commons, at 5416 Fair Avenue, North Hollywood, California 91601, as well as Phase 3, which includes the seven-screen Laemmle Theaters scheduled for construction on Weddington Street, The Lofts at Noho Commons literally will be in the center of an area which by design will help with the illusion of gentrification, while the neighborhood still deals with the issues of gang activity.

At a news conference on November 21st, 2006, Los Angeles Mayor Antonio Villaraigosa, City Councilman Tom LaBonge and County Supervisor Zev Yaroslavsky hailed the opening of J.H. Snyder Co.’s The Lofts at NoHo Commons for spurring the revitalization of North Hollywood.

“The NoHo Arts District is a unique and special place in Los Angeles,” said Mayor Villaraigosa. “The NoHo Commons not only embraces the unique character of the neighborhood, but it's a smart, transit-friendly development where an artist, a teacher or a firefighter can live and enjoy all that the community has to offer.”

I agree with Mayor Villaraigosa's sentiment, as well as many of our residents do as well. If this weren’t the case, all of the families would have relocated, or would never have chosen to make this their domicile. I find it hard to believe that Mr. McCarter and his investors, were ignorant of the history of this neighborhood, and yet never provided information to prospective residents, and families already residing here. You will find the review of the bidding security company will find the basic security measures offered inadequate, and not comply with local and state laws, especially due to the history of the neighborhood, as well as the history of the property. Landlords have a general common law duty to act reasonably under the circumstances or "act with due care" to keep you safe from noncriminal and criminal harm. California Judges have ruled that landlords must take reasonable precautions to protect tenants from foreseeable criminal assaults and property crimes.

The meaning of "reasonable precautions" depends on the situation. In general, if there have been prior incidents of crime on the landlord's property, and particularly if the landlord's lapse in security could have been remedied easily, the chances that the landlord will be responsible go way up. In this case, the thefts and vandalism have been happening for some time, and should have been addressed. Now with the introduction to violent crime, the landlord should have had a full security presence months ago.

We welcome the roaming officer while things are being worked out. But just has it always been illustrated by the lack of action by management, no contact information for the officer, nor the protocol for the residents on how to contact that officer has been provided. In addition, the single officer is also at risk because of not having any kind of immediate support in case of direct or indirect cause of action by any potential criminal activity.

Scott, please act quickly and appropriately. We have the lives of families and children at stake. We will be open to any positive dialogue that may offer a positive solution for everyone involved. However, there cannot be a compromise on the strength of the security presence. This is unacceptable.

With that said, please take the time to look at the petition that can be found online at http://www.ipetitions.com/petition/loftsatnohocommons-safety/ and the signatures found at http://www.ipetitions.com/petition/loftsatnohocommons-safety/signatures.html . There is also a blog posted offering additional information and photographs online at http://loftsatnohocommons.blogspot.com/ . These are not meant to be slanderous, but offered as tools to provide information for the residents to remain vigilant, as well as to help you locate some of the real problems the management team has been incompetent to rectify.

At this time, I will strongly suggest to fellow residents the solidification of a tenant association or committee. This committee will have the power to act as a unified entity to oversee the living conditions of this residency. We would work together with the management company to raise and maintain the general quality of our living experience at The Lofts at Noho Commons. This will cover all facets of The Lofts at Noho Commons. I also suggest to the residents to prepare, collect and have readily available, all relevant information, including documentation of any criminal activity known to you, including police reports if available, photographs, and any other documentation needed to solidify our position. If possible, please post relevant information onto our blog so that there is a public record of it. I ask the residents and I meet prior to your proposed meeting. Please give suggestions on time and place on the blog at http://loftsatnohocommons.blogspot.com/ .

I look forward to meeting with Mr. McCarter, and the representatives of Legacy Partners Residential, Inc. on August 6, 2008. Let us hope that we can find an amicable solution to the ever-increasing criminal activities, and THE CONSEQUENCES EVERYONE WILL BE EFFECTED BY.