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HomeMy WebLinkAbout25H - AGMT - CATHOLIC WORKERREQUEST FOR L COUNCIL ACTION Qt, CITY COUNCIL MEETING DATE: OCTOBER 1, 2019 TITLE: APPROVE SETTLEMENT AGREEMENT WITH THE ORANGE COUNTY CATHOLIC WORKER TO RESOLVE CLAIMS PERTAINING TO HOMELESSNESS IN UNITED STATES DISTRICT COURT CASE NO. SACV 18-0155-DOC (JDE) (STRATEGIC PLAN NO. 5 ) /s/ Kristine Ri CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2od Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager to execute a settlement agreement with the Orange County Catholic Worker, an unincorporated association to resolve claims pertaining to homelessness in United States District Court Case No. SACV 18-0155-DOC (JDE), subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 29, 2018, a federal lawsuit was filed by the Orange County Catholic Worker, a charitable group serving poor and homeless individuals, to halt efforts by the County of Orange to remove homeless encampments along the Santa Ana Riverbed, and prevent neighboring cities from citing or arresting those individuals who violated local ordinances prohibiting camping in public areas. The lawsuit named the County of Orange, as well as the cities of Anaheim, Costa Mesa, and Orange, as defendants. The court temporarily stopped these enforcement activities until the parties reached an agreement for a more orderly process of transferring individuals from the Santa Ana Riverbed, including the provision of housing and treatment options for those who desired such services. A similar process was utilized to relocate individuals from the large homeless encampment that was then situated in the Civic Center. Following these two efforts, the parties to the litigation remained under the supervision of the court with respect to their homeless populations, and were encouraged by the court to reach a voluntary settlement for a more effective solution than would be accomplished through prolonged litigation. To influence these settlements more effectively, the City of Santa Ana elected to intervene in the litigation as a defendant. Due to the City's longstanding unilateral efforts to combat homelessness without any financial reimbursement, the City also sought to achieve a more coordinated solution 25H-1 Settlement Agreement with Orange County Catholic Worker October 1, 2019 Page 2 from the County of Orange, and all other cities in the County, by filing a lawsuit of its own against those entities. During the course of the litigation, the federal appeals court for the western United States in the matter of Martin v. City of Boise concluded that municipalities could not enforce anti -camping ordinances against individuals who do not have access to shelter. Judicial guidance from the local federal court further established that cities subject to its jurisdiction would need to maintain shelter beds in order to enforce anti -camping ordinances. With these developments, the defendant cities began reaching settlement agreements with the Orange County Catholic Worker, requiring them to operate a certain number of shelter beds, which would need to be made available to homeless individuals as a condition of enforcing their anti -camping ordinances. Essentially, only if a homeless individual declined shelter placement could such an ordinance be enforced. By becoming a defendant in the litigation and filing a cross -complaint of its own, the City has played a significant role in the resolution of an issue that has long resisted a more global remedy. Not only have the original defendants settled, but several other Orange County cities (including all of the cities in the North Service Planning Area) who were not defendants in the original litigation also agreed to settlements. These settlement agreements afford the type of city -specific and regional solutions long sought by the City and promoted by the court. The City of Santa Ana has now reached its own settlement with the Orange County Catholic Worker. The proposed settlement acknowledges that the City currently operates a 200-bed shelter (known as The Link), and that the City intends to establish another shelter with 200-250 beds. There is anticipated to be some overlap period between the operation of these two shelters such that the total number of beds during this limited period will be up to 450. This will satisfy the City's bed count obligation as established by the court. The chief advantages of the settlement for the City are as follows: • Ability for enhanced enforcement of anti -camping ordinances due to increased beds; • Removes threat of continuing litigation over enforcement and bed counts; • No payment of attorney's fees; • Dismissal of lawsuit against the City; • Release of all claims against the City; • Continuing jurisdiction of the court to resolve any disputes over enforcement; • Greater housing and other opportunities for homeless individuals; and, • Balances the need for public safety with shelter for homeless individuals. The City's separate cross -complaint against the County of Orange is not subject to this settlement agreement and remains pending before the court. In any proposed resolution of that separate lawsuit, the City will endeavor to attain a further type of coordinated and collaborative solution with the County reflected by all settlements to date. 25H-2 Settlement Agreement with Orange County Catholic Worker October 1, 2019 Page 3 Staff recommends approval of the proposed settlement agreement with the Orange County Catholic Worker for the above reasons. Going forward, the settlement clarifies the City's obligations regarding its homeless population, as required by the law, while permitting the City to enforce its anti -camping ordinances with greater confidence. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability. FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. Settlement Agreement 25H-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 P-LI1 M (SBN 162700) M-29 0192702 15 Attorneys for Defendant and Cross -Claimant CITY OVF SANTA ANA UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ORANGE COUNTY CATHOLIC WORKER, an unincorporated association; Lisa Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy Schuler, Gloria Shoemake, as individuals, Plaintiffs, V. ORANGE COUNTY, the City of Anaheim, the City of Costa Mesa, the City of Orange, et al. Defendants. 1 Case No.: SACV 18-0155-DOC (JDE) 25H-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Santa Ana, Cross -Claimant, V. County of Orange, City of Aliso Viejo, City of Anaheim, City of Brea, City of Buena Park, City of Costa Mesa, City of Cypress, City of Dana Point, City of Fountain Valley, City of Fullerton, City of Garden Grove, City of Huntington Beach, City of Irvine, City of La Habra, City of La Palma, City of Laguna Beach, City of Laguna Hills, City of Laguna Niguel, City of Laguna Woods, City of Lake Forest, City of Los Alamitos, City of Mission Viejo, City of Newport Beach, City of Orange, City of Placentia, City of Rancho Santa Margarita, City of San Clemente, City of San Juan Capistrano, City of Seal Beach, City of Stanton, City of Tustin, City of Villa Park, City of Westminster and City of Yorba Linda, Cross -Defendants. This Settlement Agreement ("Agreement") is entered into by and between Defendant and Cross -Claimant City of Santa Ana ("City"), and Plaintiff Orange County Catholic Worker ("OCCW"), an unincorporated association acting by and through its designated representatives. The parties to this Agreement are referred to herein individually as a "Party" and collectively as the "Parties." F 25H-5 1 2 3 4 5 6 7, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. WHEREAS, on January 29, 2018, OCCW and certain individual plaintiffs filed an action, entitled Orange County Catholic Worker et al. v. Orange County et al., United States District Court, Central District of California, Case No. 8:18-ev-00155-DOC-KES ("OC Catholic Worker Action"), against the County of Orange ("County"), the City of Anaheim, the City of Costa Mesa, and the City of Orange. B. WHEREAS, on March 17, 2018, the City of Santa Ana intervened in the OC Catholic Worker Action as a defendant. C. WHEREAS, on April 26, 2018, the City of Santa Ana filed a cross - complaint in the OC Catholic Worker Action against the County and all other cities in the County, alleging violations of the: (1) Eighth Amendment (cruel and unusual punishment); (2) Fourteenth Amendment (equal protection); and (3) Fourteenth Amendment (due process) ("Cross -Complaint"). The Cross -Complaint was served on the County, the City of Anaheim, the City of Orange, and the City of Tustin. The Cross -Complaint remains unserved on all other cross -defendants. D. WHEREAS, on July 26, 2018, OCCW filed a First Amended Complaint ("OCCW FAC"), which, among other changes, pleaded a potential class action against the County. At the time of execution of this Agreement, the OCCW FAC is the operative complaint in the OC Catholic Worker Action. E. WHEREAS, on November 13, 2018, OCCW filed a Supplemental Complaint adding the City of Tustin as a defendant. F. WHEREAS, on June 28, 2019, OCCW filed a Supplemental Complaint adding the cities of Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Placentia, Stanton, Villa Park, and Yorba Linda as defendants ("North SPA Cities"). G. WHEREAS, the OCCW FAC as well as the Supplemental Complaints, alleges that OCCW is an unincorporated association dedicated to the 3 25H-6 1 2 3 4 .51! 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 service and care of the poor in Orange County, and that the individual OCCW plaintiffs are homeless individuals residing in Orange County. The OCCW FAC alleges, inter alia, that defendants, and each of them, have violated the OCCW plaintiffs' rights by enforcing various laws against them, including trespass, loitering, and/or anti -camping ordinances, at times when, according to the OCCW plaintiffs, there were no immediately accessible and appropriate beds available to them in Orange County. The City of Santa Ana disputes the factual allegations and legal contentions made by OCCW in the OCCW FAC. H. WHEREAS, the OCCW FAC includes the following causes of action against the City of Santa Ana as well as other defendants: (1) violation of the Eighth and Fourteenth Amendments to the U.S. Constitution, and Article VII, section 17 of the California Constitution for alleged "cruel and unusual punishment"; (2) violation of the First and Fourth Amendments to the U.S. Constitution; (3) violation of the right to due process of law under the Fourteenth Amendment to the U.S. Constitution; (4) violation of California Civil Code section 52.1; (5) violation of California Government Code section 815.6; and (6) violation of California Government Code section 11135. Defendant City of Santa Ana disputes each and every claim for relief in the OCCW FAC in its entirety and disputes OCCW's underlying legal contentions and theories. I. WHEREAS, the Cities of Anaheim, Costa Mesa, Orange, and Tustin have each entered into separate settlement agreements with OCCW, all of which have been approved by the Court. J. WHEREAS, the North SPA Cities have collectively entered into a settlement agreement with OCCW that has been approved by the Court. K. WHEREAS, the City of Santa Ana has voluntarily dismissed all those parties to the Cross -Complaint that were served such that the County remains the sole cross -defendant that has been served with the Cross -Complaint. rd 25H-7 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L. WHEREAS, without admitting any wrongdoing, liability, or legal violations on the part of the City of Santa Ana, without conceding the validity of any of the OCCW's legal theories or claims, and for the sole purpose of preemptively, economically, and efficiently resolving the OC Catholic Worker Action as to the City of Santa Ana, the Parties now desire to enter into this Agreement on the terms set forth herein. NOW, THEREFORE, for full and valuable consideration, the sufficiency of which is hereby acknowledged, and based upon the foregoing Recitals, and the terms, conditions, covenants, and agreements herein, the Parties agree as follows: 1. Order re Continnin�iction and Effective Date Following the full execution of this Agreement by all Parties, the Parties shall file with the Court in the OC Catholic Worker Action proposed orders regarding settlement and continuing jurisdiction and incorporating the terms of this Agreement. Except for the obligations of the City in Section 3, the obligations of the Parties in the remaining sections of this Agreement, and the releases contained herein, shall become effective and operative on the date(s) on which the respective order is fully executed and entered by the Court ("Effective Date"), and shall be contingent upon the Court's signing and entry of the respective order. The obligations of the City in Section 3 shall become effective and operative only upon the Court's approval of a separate settlement agreement between the City and County as to the City's Cross -Complaint, including but not limited to the subjects of a replacement site for the County -operated shelter known as the "The Courtyard" and the parties' obligations under a related Memorandum of Understanding currently in effect between them. This Agreement shall be in effect for three (3) years following the Effective Date and then shall terminate. E 25H-8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Incorporation of Recitals The representations in the above -section of this Agreement, entitled "Recitals," are hereby incorporated into and made a material part of the terms and representations of this Agreement. 3. Construction and ®aeration of Shelters 3.1 At the time of this Agreement, the City operates a temporary, low -barrier shelter in the City with a capacity of 200 beds, known as "The Link." 3.2 The City shall fund, obtain funding for, and/or coordinate third - party funding for, the construction and operation of an additional low -barrier homeless shelter at a different location within the boundaries of the City, with capacity of 200 beds, expandable to 250 beds ("Additional Shelter"). The City shall have complete discretion in determining which Additional Shelter to fund and which shelter project may be feasible, subject to any limitations set forth herein. The City's funding commitment for the Additional Shelter shall be for three (3) years, beginning on the Effective Date. 3.3 There will be an overlap period of time during which The Link and the Additional Shelter will operate concurrently such that the total number of beds during this time will be up to 450. Any remaining number of beds that may be necessary to satisfy the City's obligations under Section 3 of this Agreement shall be addressed in the context of a separate settlement agreement between the City and County as to the City's Cross -Complaint. 3.4 The City shall require that the Link and the Additional Shelter be operated on a non -religious basis, but not exclude religious organizations from operating, and in full compliance with all applicable state and federal antidiscrimination laws, including but not limited to, California Government Code section 11135 and the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq. 3 25H-9 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.5 Although the above -referenced shelters are not the exclusive means by which the City may satisfy its obligation to meet the needs of homeless individuals in the City, OCCW Plaintiffs acknowledge and agree that the creation and operation of The Link and the Additional Shelter, or a number of placements equal to The Link and the Additional Shelter, shall satisfy the City's obligations under Section 3 of the Agreement, as well as any other requirement by the Court pertaining to the number of available beds for the unsheltered individuals in the City. 4. Enforcement of Anti®Camnin� Ordinances 4.1 The City shall establish the following policies and procedures relating to the enforcement of Santa Ana Municipal Code sections 10-400 to 10- 403 and 10-550-551 ("Anti -Camping Ordinances"), curfews including park hours, or any comparable provisions of state law, or any law concerning "loitering" against homeless individuals within its jurisdictions. This shall apply to the City and its agents including but not limited to private security: 4.1.1 Absent exigent circumstances, any enforcement of the Anti -Camping Ordinances against a homeless individual (including any of the Individual OCCW Plaintiffs) will first be preceded by contacts from outreach and engagement personnel to determine an available and appropriate placement for the individual in question, per the procedures outlined herein. For purposes of this Agreement, "outreach and engagement personnel" may include County Outreach and Engagement Personnel, representatives from CityNet, City employees, the homeless liaison, police officers, and any other organizations with which the City has contracted for such outreach and engagement services (collectively, "O&E Personnel") who are trained in engaging in appropriate clinical assessments of individuals with disabilities to determine an appropriate placement. 4.1.2 In implementation of Section 4.1.1, prior to enforcement of the Anti -Camping Ordinances against any homeless individual, O&E Personnel 7 25H-10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 will locate and offer an available and appropriate placement in the City for the individual in question. 4.1.3 If the individual declines the offered placement, the City may proceed with enforcement of the Anti -Camping Ordinances in its sole discretion subject to the dispute resolution process detailed herein. 4.1.4 If the alleged violation arises from an individual's presence in a park outside of the established operational hours of the park, and if there is no appropriate and immediately available placement for that person, the City will advise the individual that they must leave the park and move to any public area outside of the park. If the person does not leave the park after receiving this warning, the City may issue a citation to the individual. 4.1.5 The requirements of this Section 4.1 shall only apply until the earlier of: (a) the date on which the case of Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018) ("Martin v. Boise") is no longer applicable law within the jurisdiction of the Ninth Circuit or (b) the date on which the Court finds that there are sufficient appropriate and immediately available placements for the unsheltered homeless population in the City. 4.2 Nothing in this Agreement constitutes an admission by the City that its current policies and procedures for enforcement of the Anti -Camping Ordinances are either: (a) different from those set forth above or (b) in any way legally inadequate, or a concession by the OCCW Plaintiffs that they are legally adequate. 4.3 Nothing in this Agreement constitutes a promise, representation, or warranty, on the part of the City, that any number of beds will be available to any particular person(s) at any time. The lack of availability of an appropriate and immediately accessible bed for any person or persons at any time, including any of the individual OCCW plaintiffs, may impact the ability of the City to punish a purported violation of the Anti -Camping Ordinances. 25H-11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.4. Absent exigent circumstances, the City shall not cite or arrest any homeless individual for violation of the law based on an alleged obstruction of public property unless that individual, either individually or in conjunction with his or her property, actually obstructs free passage of any person or vehicle on any public highway, alley, sidewalk, or crosswalk and declines to move the object(s) creating obstruction from the public right of way after being requested to do so, or actually obstructs with access to a public highway, alley, sidewalk, or crosswalk for sanitation, cleaning, or routine maintenance or repair purposes and declines to cease the obstruction after being requested to do so. 4.5 Nothing in this Agreement shall impact the authority of the City to enforce any law not based on an individual's unsheltered status against a person believed to be homeless, including issuing and arresting the person for an alleged violation of law. 5m Dispute -Resolution Process The Court shall retain jurisdiction over the OC Catholic Worker Action for a period of three years from the Effective Date for the purposes of (a) overseeing the implementation of this Agreement, and (b) implementing and presiding over the a dispute -resolution process (the "Dispute -Resolution Process") to be established by the Court and to which Plaintiffs and the City hereby consent and agree: 5.1 Except as expressly identified in this Agreement, or as may be modified by the Court or the Parties, with the Court's consent, during the three-year period of the Court's continued jurisdiction, this Dispute -Resolution Process shall apply to adjudicate any and all disputes between, on the one hand, the City, and, on the other hand, any homeless individual or individuals who consent, at the time of requesting the Dispute -Resolution Process, to be bound by the Dispute -Resolution Process and the provisions of this Agreement applicable to the OCCW Plaintiffs (including but not limited to the individual OCC W plaintiffs), relating to (a) the implementation of this Agreement, and/or (b) the enforcement of the above- M 25H-12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 identified Municipal Code sections, or other laws applied against any homeless person arising out of that individual's homeless status, including but not limited to disputes regarding the availability or adequacy of any shelter or shelter services offered to the individual pursuant to Section 4.1 of this Agreement and expressly excluding violations of law relating to conduct not arising from the individual's homeless status (examples include but are not limited to possession of illegal substances or weapons, trespass on private property, acts of violence, public intoxication, etc.) (collectively, the "Disputes," and individually, a "Dispute"). 5.2 In the event of any Dispute arising during the pendency of the Court's retained jurisdiction, the parties to that Dispute will first attempt to meet an( confer informally with the other side in an effort to resolve it. In the case of a Dispute raised by one or more homeless individuals against the City, or a Dispute raised by the City against one or more homeless individuals, including any such persons who are known to be, or the City is advised are, represented by counsel of record in the OC Catholic Worker Action, this attempt will at least involve (a) a written communication from the party initiating the Dispute to the other side's counsel describing in detail the Dispute and the requested remedy, and providing any available evidence in relation thereto, and (b) a discussion, either in person or via telephone, seeking to resolve the Dispute. In the event the City receives a complaint from a homeless individual, City employees, as well as the employees of any City shelter facility, shall give any affected individual notice of the Court's Dispute -Resolution Process and the contact information for applicable legal services organizations, including the law center associated with Plaintiffs' counsel, together with a statement that such entities may be available to assist them. 5.3 If the parties to a Dispute are unable to resolve it within two (2) court days after it is first raised informally by one of the parties to the Dispute, any party to the Dispute may request a hearing with the Court under the standards and 10 25H-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 processes to be set by the Court, and the Court will have jurisdiction to resolve that Dispute. If the Dispute involves an emergency situation that presents a threat to the immediate health and safety of an individual, the parties may seek expedited review by the Court. 5.4 The fact that a person has initiated the Dispute -Resolution Process shall not impact the City right to enforce any law against that person, including issuing citations to the person, concurrently with the Dispute -Resolution Process. However, the City agrees that no custodial arrest will be made for a violation of the anti -camping, loitering, and similar laws arising from an individual's status as homeless prior to the exhaustion of the Dispute -Resolution Process with the Court pursuant to Section 5.3 of this Agreement. In circumstances involving citation, the Court may issue an order directing the City to stay the filing of formal charges against the homeless individual until the Dispute -Resolution Process has been completed for that Dispute. The City agrees not to contest such a request for a brief stay of the filing of charges. Once the Dispute -Resolution Process has concluded regarding an issue, the City will not be required to await exhaustion of the Dispute -Resolution Process regarding the same issue and the same individual prior to a custodial arrest where the individual does not comply with a warning or leave once a citation has been issued, provided the City complies with the Court's determination of that same issue for that same individual. For purposes of the Section 5.4, "same issue" refers to an issue determined by the Court in the Dispute -Resolution Process where the individual's objections, including any claim of alleged disability, physical limitations and the offered placement are substantially similar for purposes of determining whether the individual's disability or other objection is being reasonably accommodated. 5.5 In resolving any Dispute, the Court may enforce any rights available to a party under this Agreement, subject to sufficient notice, opportunity I 25H-14 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be heard, briefing, evidence, and other due process. The Court shall not be empowered to award damages or any other monetary relief to any party as a result of any Dispute submitted to this process. Nothing in this Agreement limits the ability of any Plaintiff to seek damages in other proceedings not subject to this Agreement. 5.6 Should either party disagree with the Court's determination resulting from the Dispute -Resolution Process, nothing in this Agreement shall preclude either party from commencing litigation concerning the subject of said Dispute, and pursuing any remedies available at law; provided that in advance of initiating such action, the parties shall first engage in an in -person meet -and -confer to occur within seven (7) calendar days of a request from the other party. 6. Release and Covenant Not to Sue 6.1 In consideration for the terms of this Agreement, OCCW Plaintiffs, and each of them, and any other individual claiming rights under this Agreement (the "OCCW Releasing Parties"), hereby release and forever discharge the City of Santa Ana, as well as its present and former employees, agents, managers, officers, directors, councilmembers, insurance companies, attorneys, departments, and divisions or affiliated entities, whether previously or hereafter affiliated in any manner (the "City Released Parties"), from and against any and all claims, demands, causes of action, obligations, damages, attorney's fees, costs, and liabilities, arising from or relating to the events detailed in the lawsuit of any nature whatsoever, whether or not now known, suspected, or claimed, which the OCCW Releasing Parties, and/or any of them, have, or ever may claim to have, as against the City Released Parties, or any of them, whether directly or indirectly, relating to, or arising out of the: (a) OC Catholic Worker Action; (b) any claims raised in, or that could been raised in, the OC Catholic Worker Action; (c) the availability of homeless shelters, shelter beds, and/or other homeless accommodations in the City of Santa Ana; (d) the City's alleged obligation to provide or fund such 12 25H-15 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accommodations; and/or (e) the City's alleged inability to enforce any of the Anti - Camping Ordinances and any law that the OCCW Releasing Parties claim criminalizes a person's homeless status, against any person because of his or her homeless status (collectively, the "OCCW Released Claims"). 6.2 The releases set forth in Section 6.1 are releases of all claims, demands, causes of action, obligations, damages, and liabilities, of any nature whatsoever, and are intended to encompass all known and unknown, foreseen and unforeseen, claims that are possessed by the OCCW Releasing Parties and within the scope of the OCCW Released Claims based solely and only on the events giving rise to the OC Catholic Worker Action. To effectuate the intent of the Parties, the OCCW Releasing Parties expressly agree to waive and relinquish all rights and benefits they may have under California Civil Code Section 1542, which reads as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 6.3 The OCCW Releasing Parties warrant that they have made no assignment, and will make no assignment, of any claim, chose in action, right of action, or any right, of any kind whatsoever, within the scope of the OCCW Released Claims, and that no other person or entity of any kind had or has any interest in any of the demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorney's fees, costs, expenses, losses, or claims within the scope of the OCCW Released Claims. 7. Dismissal of the OC Catholic Worker Action Upon entry of the Court's Order re Continuing Jurisdiction and Settlement, the OCCW Plaintiffs, as to the City, will take all necessary actions and file all 13 25H-16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 necessary documents to effectuate dismissal of the OC Catholic Worker Action with prejudice. 8. Settlement Payments and Attorney's Fees All Parties to this Agreement shall bear their own costs, expenses, and attorney's fees in relation to or arising out of. (a) the OC Catholic Worker Action; (b) the resolution, negotiation, and settlement of the OC Catholic Worker Action, including the negotiation of this Agreement; and (c) the implementation of this Agreement. 9. Non -Admission of Liability By entering into this Agreement, the City does not admit any liability, and explicitly denies any liability or wrongdoing of any kind arising out of or relating to any of the claims alleged in the OC Catholic Worker Action. Nothing herein constitutes an admission by the City as to any interpretation of laws, or as to the merits, validity, or accuracy of any of the claims or legal contentions made in the OC Catholic Worker Action. The City has entered into this Agreement solely to avoid the time, expense, and risk of continued litigation. The Parties agree that an express condition of this settlement is that there has been no finding of liability on the merits, and that this settlement and any document related to this settlement, including this Agreement and any related orders, and the negotiations leading up to this settlement, shall be inadmissible in evidence and shall not be used for any purpose in this or any other proceeding, except in an action or proceeding to approve, interpret, or enforce this Agreement. 10. Knowing and Voluntary This Agreement is an important legal document that has been voluntarily and knowingly executed by the Parties. The Parties, and each of them, specifically represent that, prior to signing this Agreement: (a) they have each been provided a reasonable period of time within which to consider whether to accept this Agreement; (b) they have each carefully read and fully understand all of the 14 25H-17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provisions of this Agreement; and (c) they are voluntarily, knowingly, and without coercion entering into this Agreement based upon their own judgment. The OCCW Plaintiffs and City further specifically represent that, prior to signing this Agreement, they have conferred with counsel of their choice to the extent desired concerning the legal effect of this Agreement, and that the legal effect of this Agreement has been adequately explained to them. 11. Entire Agreement This Agreement constitutes the entire agreement by and between the OCCW Releasing Parties and the City Released Parties regarding the matters discussed herein, and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied, between the OCCW Releasing Parties and the City Released Parties relating to the subject matter hereof. The OCCW Releasing Parties and the City Released Parties each acknowledge that no representations, inducements, promises, agreements, or warranties, oral or otherwise, have been made by them, or anyone acting on their behalf, which are not embodied in this Agreement, that they have not executed this Agreement in reliance on any such representation, inducement, promise, agreement, or warranty, and that no representation, inducement, promise, agreement, or warranty not contained in this Agreement, including but not limited to, any purported supplements, modifications, waivers, or terminations of this Agreement, shall be valid or binding, unless executed in writing by all of the Parties to this Agreement. Any alteration, change, or modification of or to this Agreement shall be made by written instrument executed by each Party in order to become effective. 12. Warranty of Authority Each individual or entity that executes this Agreement represents and warrants, in his, her or its personal capacity, that he, she, or it is duly authorized 15 25H-18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and empowered to enter into this Agreement on behalf of the party it purports to represent. 13. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be considered an original but all of which shall constitute one agreement. 14. No Waiver of Terms of Agreement The failure to insist upon compliance with any term, covenant, or condition contained in this Agreement shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at other time or times. 15. Modification of Agreement The enforcement terms of this Agreement may be vacated or modified, at the request of any Party hereto, if: (a) the holding of Martin v. Boise is reversed or modified, or is otherwise no longer good law; (b) the Court determines that the number of available and appropriate shelter placements in the City warrants termination or modification of the Agreement; or (c) upon petition by the City, the Court determines that other terms of the Agreement have been met. IN WITNESS WHEREOF, this Settlement Agreement is hereby entered into and executed by the parties hereto on the dates set forth below. Dated• 2019 OC CATHOLIC WORKER 16 25H-19 I 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 M 24 25 26 27 28 /X. Carol A. S el Attorneys for Plaintiffs coy .____�_ Brooke Weitzman Attorneys for Plaintiffs Dated2019 Assist ant City Attorney Jo Funk ney FATTEST Daisy Gomez Clerk of the Council l BY I fistine Ridge City Manager 17 25H-20