1 David Yakobson
From: [email protected]
Sent: Monday, May 13, 2024 11:21 PM
To: councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock; David White; Douglas Sloan Cc: [email protected]
Subject: FOSP: City Council 5/14 item 4-C - Potential litigation - Pavilions Motel - SUPPORT! Attachments: Pavilions Motel Calls for Service - Oak Street Neighbors.pdf
EXTERNAL
May 13, 2024
To: Mayor Brock and City Council members
From: Board of Directors, Friends of Sunset Park (FOSP) RE: 5/14/24 agenda item 4-C – Potential litigation – Pavilions Motel -- SUPPORT! Agenda: https://santamonicacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1401 The Board of Directors of Friends of Sunset Park urges the City to pursue all steps necessary and available to it, including but not limited to litigation regarding public nuisance, Government Code 54956.9(d)(4), City of Santa Monica and People of the State of California v. Pavilions Motel, Inc., Saeed Farzam and Goharshad Farzam.
For many months, residents living near the Pavilions Motel at 2338 Ocean Park Blvd. (where Cloverfield Blvd. dead-ends at Ocean Park Blvd.) have complained bitterly at FOSP meetings and to the City officials attending those meetings, about how their lives and those of their children have been negatively impacted by dangerous and illegal activities at the motel.
The motel parking lot exits onto the alley behind homes on Oak Street. Some residents are afraid to open their backyard gates or their garages. Toddlers and older children are often awakened in the middle of the night by noise from the motel. Residents have been asked to videotape illegal activities at the motel, which they have done over and over again. They have also compiled an enormous list of Calls for Service at the motel. (See attachment with a partial list from 2006 to 2023.)
There have been numerous arrests at the motel involving drugs and weapons. A motel employee has been videotaped hiding drugs on the roof of the building. A motel resident has been videotaped drilling holes into car gas tanks to siphon gasoline. Last week, someone in the motel used a gun to commit suicide.
At this point, after numerous letters, complaints, service calls and arrests, the public record clearly establishes that the City is aware that the continued operation of the motel, under current circumstances, poses an immediate danger to those who reside in and around the motel. Moreover, there is ample evidence that this situation has been continuing for years, without the City taking adequate action to prevent recurrence of the dangerous conditions that persist on that site. The time has come for the City to act, once and for all, to remove this blight upon the City.
A nearby resident remembers signing a petition in 1999 to close the motel. The motel was temporarily closed after a sting operation in 2007:
Owner of Pavilion Motel Arrested -- http://santamonicapd.org/Content.aspx?id=3365 Item 4-C
May 14, 2024
Item 4-C
May 14, 2024
2 “On July 23, 2007, at 11:30 am, Narcotics Investigators from the Santa Monica Police Department served arrest and search warrants at the Pavilion Motel, located at 2338 Ocean Park Boulevard in the Sunset Park area of Santa Monica. This operation was the result of an ongoing investigation being conducted by the Santa Monica Police Department into allegations of rampant drug activity occurring at and near the motel.
The operation began with the arrest of Saeed Farzam, who is the owner of the Pavilion Motel.
Farzam was arrested after he purchased what he believed to be stolen electronic equipment during an undercover police sting. A search warrant was served upon the Santa Monica residence of Saeed Farzam where additional evidence was recovered. Farzam was booked for receiving stolen property at the Santa Monica Jail and his bail is set at $20,000.
Later the same day, Narcotics Investigators went to the Pavilion Motel and served additional arrest and search warrants. Ten persons were arrested at the motel for a variety of narcotics-related crimes and for parole and probation violations. Additional arrests are anticipated.
The City of Santa Monica’s Building and Safety Division, Code Compliance, Santa Monica Fire Department and the County Health Department conducted an inspection of the Pavilion Motel pursuant to an administrative warrant. The inspectors determined that several code violations were present and posted the structure with a “Yellow Tag” notice. The “Yellow Tag” status prohibits persons from renting rooms or staying at the motel until the violations are repaired. Tenants will be allowed to access their motel rooms in order to obtain their personal possessions. The Police Department assisted four indigent persons with finding temporary housing.” "Crime Watch: Out the Bathroom Window and Running"
2/6/2014 -- Santa Monica Daily Press
http://smdp.com/crime-watch-out-the-bathroom-window-and-running/131888 “Friday, Jan. 31, at 3:50 a.m. -- Officers responded to the Pavilions Motel at 2338 Ocean Park Blvd. regarding a report of domestic violence. When officers arrived they heard a female yelling inside of one of the rooms and a male asking her to calm down. When officers contacted the occupants they found a drunk, naked woman inside and determined that no assault had occurred. Having no crime, the officers were about to leave when the woman went inside the bathroom, closed the door, and jumped out of the bathroom window. Officers found her in the alley behind the hotel. She was halfdressed at this point, trying to stumble away, and they arrested her for being drunk in public. While in the police car, she kicked out and broke a video camera in the back seat. The suspect was identified as Shelly Nikita James, 36. She refused to provide an address. Her bail was set at $20,000. She was also charged with vandalism.” Crime Watch: Domestic Assault
3/7/2023 – Santa Monica Daily Press
https://smdp.com/2023/03/07/crime-watch-418/
“On Friday, 2/24/2023 at 8:30 a.m., officers responded to the Pavilions Motel near the 2300 block of Ocean Park Blvd for a domestic violence call. Dispatch relayed that a male victim had been hit in the head by a female suspect with a cell phone and was bleeding. The suspect, Shelley James, was located inside a unit at the motel, placed under arrest for inflicting injury on a co-habitant and assault with a deadly weapon. Fire responded to the location to treat the victim.” Little seems to have changed at the Pavilions Motel since 2007.
Again, the Board of Directors of Friends of Sunset Park urges the City to pursue all steps needed to end the well-established dangerous conditions existing at the Pavilions Motel, including but not limited to civil and criminal litigation regarding public nuisance, Government Code 54956.9(d)(4), City of Santa Monica and People of the State of California v. Pavilions Motel, Inc., Saeed Farzam and Goharshad Farzam.
The City has been put on notice, and it is your duty to not only mitigate the dangerous conditions the current situation poses to surrounding residents, but also to mitigate the potential liability of the City Item 4-C
May 14, 2024
Item 4-C
May 14, 2024
3 arising from its failure to promptly and effectively deal with the well documented dangerous conditions posed by the way the Pavilions Motel is currently being operated.
Item 4-C
May 14, 2024
Item 4-C
May 14, 2024
Oak Street Neighbors 1
Pavilions Motel Block Calls for Service:
Year # of Calls Representative issues:
2006 117 Fight, Disturbance of the Peace, Health & Safety Code Violation, Malicious Mischief, Prostitution, Lewd Activity, Petty & Grand Theft, Grand Theft Auto, Person with a Gun, Battery, Animal Related Incident, Armed Robbery, Shots Fired, Domestic Violence.
2007 262 Disturbance of the Peace, Death Investigation, Health & Safety Code Violation, Battery, Overdose, Arson, Domestic Violence, Malicious Mischief, Assault with a Deadly Weapon, Animal Related Incident, Stakeout, Receiving Stolen Property, Petty Theft, Armed Robbery, Stalking, Prowling, Fire, Disturbance at a Business, Drinking in Public, Grand Theft Auto.
2008 122 Burglary, Malicious Mischief, Health & Safety Code Violation, Disturbance of the Peace, Threats Report/Investigation, Search Warrant, Public Intoxication/Drinking in Public, Critical Missing Person, Petty Theft, Urinating/Defecating in Public, Shots Fired, Grand Theft, Person Down, Prowling, Animal Related Incident.
2009 129 Person Down, Health & Safety Code Violation, Disturbance of the Peace, Trespassing, Drinking in Public, Sexual Assault, Lewd Activity, Malicious Mischief, Animal Related Incident, Public Intoxication, Elder Abuse, Battery, Petty Theft.
2010 106 Person Down, Disturbance of the Peace, Stakeout, Health & Safety Code Violation, Petty Theft, Battery, Disturbance at a Business, Public Intoxication, Drinking in Public, Child Stealing, Indecent Exposure, Shots Fired, Grand Theft, Auto Burglary, Suspected Child Abuse, Trespass, Elder Abuse, Animal Related Incident.
2011 103 Malicious Mischief, Animal Related Incident, Disturbance at a Business, Disturbance of the Peace, Petty Theft, Public Intoxication, Threats Report, Found Property, Assault with a Deadly Weapon, Disturbance at a Business, Battery, Runaway, Missing Person, Health & Safety Code Violation, Strongarm Robbery.
2012 114 Disturbance of the Peace, Malicious Mischief, Disturbance at a Business, Found Property, Municipal Code Violation, Animal Related Incident, Trespassing, Critical Missing Person, Threats Report, Battery, Elder Abuse, Suspected Child Abuse Report, Health & Safety Code Violation, Trash Dumping.
Item 4-C
May 14, 2024
Item 4-C
May 14, 2024
Oak Street Neighbors 2
2013 132 Disturbance of the Peace, Auto Burglary, Petty Theft, Grand Theft, Municipal Code Violation, Public Intoxication, Drinking in Public, Threats Report, Fight, Trespassing, Disturbance at a Business, Domestic Violence, Malicious Mischief, Fire, Stolen Vehicle Recovered, Elder Abuse, Strongarm Robbery.
2014 113 Disturbance of the Peace, Public Intoxication, Health & Safety Code Violation, Animal Related Incident, Malicious Mischief, Person with a Gun, Battery, Disturbance at a Business, Trespassing, Domestic Violence, Stakeout, Fight.
2015 172 Disturbance at a Business, Disturbance of the Peace, Municipal Code Violation, Domestic Violence, Trespassing, Identity Theft, Battery, Petty Theft, Prowling, Person with a Gun, Violation of Restraining Order, Missing Person, Public Intoxication, Attempted Homicide, Threats Report, Trash Dumping, Drinking in Public, Burglary, Assault with a Deadly Weapon, Overdose.
2016 183 Disturbance at a Business, Disturbance of the Peace, Family Disturbance, Drinking in Public, Animal Related Incident, Fraud Report, Search Warrant, Identity Theft, Burglary, Auto Burglary, Threats Report, Death Investigation, Keep the Peace, Overdose, Indecent Exposure, Trespassing, Petty Theft, Elder Abuse, Stakeout, Fire, Health & Safety Code Violation, Malicious Mischief, Public Intoxication, Violation of Restraining Order, Prowling, Fight, Assault with a Deadly Weapon. 2017 193 Domestic Violence, Disturbance of the Peace, Petty Theft, Elder Abuse, Municipal Code Violation, Assault with a Deadly Weapon, Health & Safety Code Violation, Burglary, Disturbance at a Business, Malicious Mischief, Indecent Exposure, Battery, Fight, Family Disturbance, Fire, Trespassing, Stalking, Violation of Restraining Order, Overdose, Animal Related Incident, Suspected Child Abuse Report, Keep the Peace, Grand Theft, Stolen Vehicle, Assault, Kidnap, Grand Theft Auto, Public Intoxication. 2018 146 Disturbance at a Business, Disturbance of the Peace, Trespassing, Keep the Peace, Battery, Malicious Mischief, Elder Abuse, Animal Related Incident, Petty Theft, Auto Burglary, Missing Person, Grand Theft Auto, Assault with a Deadly Weapon, Person Down, Fire, Family Disturbance, Health & Safety Code Violation, Fight, Domestic Violence, Attempted Armed Robbery, Person with a Gun.
2019 174 Violation of a Restraining Order, Disturbance of the Peace, Elder Abuse, Trespassing, Threats Report, Auto Burglary, Person with a Gun, Grand Theft Auto, Disturbance at a Business, Animal Related Incident, Person Down, Family Disturbance, Malicious Mischief, Found Property, Fight, Item 4-C
May 14, 2024
Item 4-C
May 14, 2024
Oak Street Neighbors 3
Fire, Domestic Violence, Public Intoxication, Identify Theft, Battery, Grand Theft, Petty Theft, Suspected Child Abuse Report, Drinking in Public, Municipal Code Violation, Assault with a Deadly Weapon. 2020 138 Disturbance of the Peace, Burglary, Disturbance at a Business, Death Investigation, Violation of a Restraining Order, Assault, Missing Person, Person Down, Fire, Domestic Violence, Trespassing, Grand Theft Auto, Shots Fired, Elder Abuse, Stolen Vehicle Recovered, Petty Theft, Family Disturbance, Keep the Peace, Malicious Mischief, Municipal Code Violation, Rape Report, Prowling.
2021 123 Disturbance at a Business, Prowling, Disturbance of the Peace, Burglary, Family Disturbance, Indecent Exposure, Animal Related Incident, Shots Fired, Municipal Code Violation, Petty Theft, Grand Theft Auto, Trespassing, Public Intoxication, Death Investigation, Grand Theft, Missing Person, Petty Theft, Identity Theft.
2022 122 Family Disturbance, Disturbance of the Peace, Health & Safety Code Violation, Missing Person, Fire, Shots Fired, Petty Theft, Disturbance at a Business, Malicious Mischief, Animal Related Incident, Strongarm Robbery, Identity Theft, Burglary, Overdose, Threats Report, Grand Theft Auto, Fight, Municipal Code Violation, Grand Theft.
2023* 151 and
counting*
Disturbance of the Peace, Domestic Violence, Assault, Fire, Trespassing, Burglary, Malicious Mischief, Family Disturbance, Domestic Violence, Assault with a Deadly Weapon, Person with a Gun, Battery, Fight, Sexual Assault, Threats Report, Indecent Exposure, Animal Related Incident, Health & Safety Code Violation, Stolen Vehicle, Health & Safety Code Violation.
*2023 goes only to November 6th, the last day for which SMPD has updated its publicly-available records. That means this chart does not include the absurd list of calls between then and now. Nor does it include the 246 and counting police incidents over that same period, detailed here: https://data.santamonica.gov/dataset/police-incidents.
Mean is 144 service calls/year. High is 262; low is 103.
Note: I’ve listed a given call reason only once for any given year, but many do (and usually do) appear multiple times. I’ve also not bothered to include issues like “suspicious circumstances” or “loitering.”
Nature of the calls: Unfortunately, the nature of many service calls is often violent and otherwise dangerous, including but not limited to attempted homicide, gun offenses, assaults with a Item 4-C
May 14, 2024
Item 4-C
May 14, 2024
Oak Street Neighbors 4
deadly weapon, rape, sexual assault, fire, domestic violence, kidnapping, battery, fights, malicious mischief, and child endangerment.
Some reference points:
1) To give some context, in 2021, the median number of service calls for any given location in the city was 10, while the mode was 1. That same year, the motel generated 123 service calls.
2) The federal Department of Justice describes the most dangerous nuisance motels as those that generate more than 1 call for service per room per year. According to publicly-available records, the motel has 18 rooms, which would “allow” it 18 service calls/year before receiving that classification. The motel block, however, has never even come close to 18 service calls. In its “best” year, the block generated 103 calls, and in its “worst” year generated 262 calls, which would be 5x-14x the number of calls necessary to earn the federal government’s most dangerous classification. 3) The consistency and history of calls should also put to bed two ideas:
a) That the motel is a post-COVID, post-housing-crisis problem. If anything, this narrative unfairly blames unhoused folks who’ve been placed in a wildly dangerous environment and are more likely to be crime victims than perpetrators.
b) That getting the motel owner “back in line” is a serious solution.
Fortunately, Santa Monica recently updated its nuisance property laws to deal with exactly this kind of property, which should make a City Attorney action even easier to pursue than with the older California state statutes (Drug and/or Red Light Abatement acts, though both of those would be viable as well). Indeed, just on disturbances of the peace records alone, the City would have grounds to abate the business.
Notably, per the statute, the motel owner would pay the cost of the action, so it should not present budgetary concerns (In fact, as the data above shows, shutting the property down should free up significant police, fire, code enforcement, and other City resources.).
The statute, in relevant part:
ORDINANCE NUMBER 2758 (CCS)
...
1.08.010 Violations, penalty options.
(a)...
(b) Civil Actions. The City Attorney may bring an action in a court of competent jurisdiction to enjoin a violation of any provisions of this Code or any other ordinance of the City, or to enforce administrative penalties or fines imposed. ...
(d) Nuisance Abatement. In addition to the penalties hereinabove provided, any Item 4-C
May 14, 2024
Item 4-C
May 14, 2024
Oak Street Neighbors 5
condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this City, abated as such, and each day such condition continues shall be regarded as a new and separate offense. ...
13.02.010 Purpose.
The purpose of this Chapter is:
(a) To set forth and enforce minimum standards relating to the management of activities conducted or conditions on real property to protect the public health, safety, and welfare; and
(b) To put in place remedies which will permit the City to take effective, efficient administrative or other legal action against property owners and other responsible parties who cause, permit, or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such parties to abate the nuisance; and.
(c) The provisions of this Chapter are complementary, cumulative, supplementary, and additional to any other legal remedies available, whether found in this Code, State or Federal laws, regulations, or case law. ...
13.02.040 Responsibility for maintenance
(a)...
(b) It shall be unlawful for any owner, occupant, lessee or holder of any possessor interest of real property within the City to create or maintain a violation on such property.
13.02.050 Violations Generally.
Anything that is detrimental or injurious to health; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, sidewalk, parkway, street or highway is a violation of this Chapter.
13.02.060 Specific Violations.
It is unlawful and it is declared to be a violation of this Chapter for any person owning, renting, leasing, occupying, managing, or having charge or possession of any property within the City to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a violation within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Violations of this Chapter include the following:
(a)...
(b) It shall be unlawful for any owner, occupant, lessee or holder of any possessor interest of real property within the City to create or maintain a violation on such property.
13.02.050 Violations Generally.
Anything that is detrimental or injurious to health; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, sidewalk, parkway, street or highway is a violation of this Chapter.
...
...
Chapter 13.06 ABATEMENT OF NUISANCES
13.06.010 Purpose.
(a) The intent of this Chapter is to provide a comprehensive mechanism for the identification and abatement of public nuisances within the City.
Item 4-C
May 14, 2024
Item 4-C
May 14, 2024
Oak Street Neighbors 6
(b) The remedies provided for in this Chapter are supplemental and complementary to all of the provisions of this Code, State law, and any law cognizable at common law or in equity; and nothing herein shall be read, interpreted or construed in any manner to limit any existing right or power of the City to abate any and all public nuisances.
....
13.06.050 Public nuisances.
The following are declared to be public nuisances:
(a) Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passerby, sale of stolen goods, public urination, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), or curfew violations.
(b)...
...
13.06.190 Lien, special assessment and other remedies.\ (a) The cost of abating a public nuisance shall either be a lien on the property, a special assessment against the property, or the personal obligation of owner and/or the person responsible for creating, causing, committing, or maintaining the public nuisance.
...
...
(k) The City Council may direct the City Attorney to institute a lawsuit to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this Chapter, the City Attorney may bring any appropriate civil and criminal action for abatement of any nuisance within the City pursuant to any other provision of the law.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that the owner or possessor of a property, place or area is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner or possessor to pay treble the costs of the abatement to the City.
13.06.200 Violation.
(a)...
(b) Any person found to be in violation of this Chapter in a civil case brought by a law enforcement agency shall be ordered to reimburse, as restitution, the City and other participating law enforcement agencies their full investigative costs and costs of abatement.
Item 4-C
May 14, 2024
Item 4-C
May 14, 2024