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Salas, Diana From: Tim Johnson <tjohnson@jlkrllp.com> Sent: Tuesday, December 17, 2019 10:27 AM To: eComment Cc: Pulido, Miguel; Sarmiento, Vicente; Penaloza, David; Iglesias, Cecilia; Solorio, Jose; Bacerra, Phil; Villegas, Juan; Ridge, Kristine Subject: Item 1A- Cross Complaint (Cross Complaint) Attachments: 232- SA ANA Orange Tustin Stip to extend response date to SA Suit dtd 5..... pdf; 246- SA ANA Orange Tustin Stip to extend response date to SA Suit dtd 7..... pdf; 158- Santa Ana Cross Complaint suing other OC Cities dtd 4.26.18.pdf; 7 OC City Amicus Brief to SCOTUS on Martin v Boise.pdf Mayor, City Council, and CM Ridge ... Thank you for including the city's cross complaint in the Catholic Worker case on tonight's closed session (item 1A). With Monday's recent Supreme Court's decision to not hear the Martin vs. Boise appeal, this item will take even more importance now. As our city works towards steps that will allow our PD to enforce our ordinances, other cities will also be making determinations on how they will proceed -their decisions will have major impacts on our city I believe. I am concerned about what I believe is a major foreshadowing by the 7 South County cities that joined together in an amicus brief in the Boise case. One of the questions that they asked the court was whether a city could purchase a building in another city and operate an emergency shelter in that city, outside of their own boundaries, and satisfy the Martin requirement to have available shelter beds in order to enforce certain laws. See attached for the amicus brief where the pertinent item here is on page 6 of the brief which is on page 10 of the adobe file. I personally believe that South County cities will likely in the near future try to operate a shelter in another city, such as Santa Ana. Let that sink in for a minute ... San Clemente, Dana Point, Laguna, San Juan, Newport, Lake Forest, Mission Viejo etc... could purchase or rent a building in Santa Ana, provide transportation from their local city, and send their homeless to their own city operated shelter here in Santa Ana (or another city). When taken in consideration with San Clemente and a couple other South County cities have indicating that they will transport their homeless to the Armory here in Santa Ana, I believe that them operating a facility outside of their boundaries being a distinct and real possibility. They essentially have foreshadowed their line of thinking in the amicus brief. Please consider being pro- active in this matter. It will likely need to be a legal strategy and I urge you to get on top of it now and not wait to be reactive. Again, I feel that South County cities will look at operating a shelter outside of their own boundaries... the cities likely will work together. That means that it is very possible that they will look to operate that shelter, possibly together as a joint venture of cities, here in Santa Ana. That may be good for the homeless individuals, which I am concerned for, but we also need to be concerned for our own residents. I also urge you to work with the county on this topic. As you know, the county is working on Yale. Many residents are concerned. The county needs to show that they are not just dumping on us here in our city. Some of their own policies contribute to relocation of homeless to our city of Santa Ana. Some of these policies include: 1) Release from county jail onto the streets of Santa Ana without ensuring that the person is transported directly back to their city of origin, 2) County not returning jail released folks' items stored at the county's yard at the same time that they are released making it more likely the individual will be here on our streets, 3) The county allowing other cities to transport to the Santa Ana Armory, 4) The county only providing transportation from the Santa Ana Armory to 2 locations here in Santa Ana and not to other cities even in the Central SPA- this means that even if someone comes to the Armory from Seal Beach, they will spend the day in Santa Ana. Please work with the county to lessen the impact on our city through their own policies and procedures. As I have suggested in the past, I believe that the council is not staying true to what it voted on in April of 2018 when it chose, after public discussion, to sue the other cities in Orange County, and the county itself, over the impact of