HomeMy WebLinkAboutCorrespondence - Closed Session #3D
Orozco, Norma
From:Tim Johnson <tjohnson@jlkrllp.com>
Sent:Monday, September 20, 2021 4:16 PM
To:Hernandez, Johnathan; Sarmiento, Vicente; Penaloza, David; Mendoza, Nelida; Lopez,
Jessie; Bacerra, Phil; Phan, Thai; eComment
Cc:Ridge, Kristine; Carvalho, Sonia R.; Funk, John
Subject:Closed Session Item 3D
Attachments:340- SA Settlement Agreement dtd 9.23.19.pdf; 390- Carter ruling on emergency
hearing re El Centro & 450 beds in SA.pdf
Council (cc City Manager Ridge and City Attorneys Carvalho and Funk)…On Tuesday you will be discussing in closed
session item 3D (Catholic Worker Case; Case No. SA CV 18-0155-DOC (KESx)). This item is where the City is a defendant
in the Catholic Worker case (note: defendant by choice). The goal of this email is twofold:
1. Encourage the city to provide an update on the Catholic Worker case specifically regarding its compliance with
the Settlement Agreement (attached “340- SA Settlement Agreement dtd 9.23.19), and
2. To provide the residents information as to how many beds the city needs to maintain in accordance with the
Settlement Agreement in order to enforce certain laws and how many beds are actually available.
Update to the Public
Homelessness is one of the biggest, if not the biggest, concern of residents of Santa Ana. The public deserves to have an
update as to the city’s response with this case specifically with its compliance with the Settlement
Agreement. Obviously, this is a closed session item and such the information you may be required to disseminate to
the public may be limited but there is nothing stopping the city from providing an update on this matter as long as it is
not privileged information or would jeopardize a strategy of the city.
# of Beds Required
The public is hearing or reading conflicting information as to the number of beds that the Settlement Agreement
requires the city to maintain in order to enforce its Anti-Camping Ordinances. We are hearing 1 empty bed, we are
hearing 200 shelter beds regardless of capacity, while others are hearing 450 beds. This should be a very straight
forward communication per the Settlement Agreement. Please communicate to the public the city’s required number
of beds available in order to enforce its Anti-Camping Ordinances.
I will assist you here also by providing Judge Carter’s language in his Order Re Emergency Hearing filed 5/8/21 (initiated
with the El Centro case) attached. The pertinent language is highlighted below but Judge Carter clearly indicates
“Therefore, the City may not enforce until they have complied with the terms of the Settlement and have 450 bed
spaces available.” {emphasis mine} This seems pretty clear that the city needs to have 450 beds in order to enforce
straight from the Judge who is presiding over this case. Do you agree? It feels like the city does not believe that 450 is
the “the number” based on prior comments made in council and also based on the number of beds that I believe are
available (both in Santa Ana and contracted out to the shelter in Fullerton). Here is the language from the above
referenced Carter ruling:
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The language in the Settlement Agreement article 3 may be confusing due to wordsmithing, but even that seems to be
apparent that it is 200 beds from The Link plus another 250 for a total of 450 beds. Section 3.2 and 3.3 are the confusing
areas but section 3.5 seems to clarify that by referencing the number of placements equal to The Link and the Additional
Shelter (i.e. 200 plus 250).
Regardless, Judge Carter clarified this matter in his ruling in Doc 390. Can you provide information to the public stating:
1. How many qualifying shelter beds (qualify under the Settlement Agreement) the city of Santa Ana has
presently?
2. How many shelter beds are required for the City of Santa Ana to be able to enforce its Anti-Camping
Ordinances? If this number is something less than 450 beds, please provide how this is reconciled with Judge
Carter’s Order in Document 390 of this case.
3. Is the City currently enforcing its Anti-Camping Ordinances?
Conclusion:
I ask that you continue to pursue a Housing First methodology focused on true housing for those experiencing
homelessness. Housing with a lock from the inside. Housing that provides necessary services such as addiction
treatment, mental health services, job training and placements, and general life skills. Please also provide the public
information to help us understand the Settlement Agreement that was entered into almost 2-years ago to the day. By
providing this information, it would fee like everything is transparent and needed/desired information is being provided.
I know everyone works hard on this topic. I do not believe that you are turning a blind eye to those in need. Thank you
for caring and listening.
Blessing to each of you, your families, and the residents of your Ward and our City as a whole,
Tim Johnson
Ward 3 Resident
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Tim Johnson , CPA
Partner
(949) 860-9892
(714) 743-1065
tjohnson@jlkrllp.com
2601 Main Street, Suite 580, Irvine, CA 92614
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BROOKE WEITZMAN SBN 301037
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WILLIAM WISE SBN 109468
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ELDER LAW AND DISABILITY RIGHTS CENTER
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1535 E 17 Street
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Santa Ana, California 92705
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t. 714-617–5353
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e. bweitzman@eldrcenter.org
e. bwise@eldrcenter.org
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CAROL A. SOBEL SBN84483 PAUL L. HOFFMAN SBN 71244
MONIQUE ALARCON SBN 311650 CATHERINE SWEETSER SBN 271142
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LAW OFFICE OF CAROL SOBEL SCHONBRUN, SEPLOW, HARRIS &
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725 Arizona Avenue, Suite 300 & HOFFMAN
Santa Monica, California 90401 11543 W. Olympic Blvd.
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t. 310-393-3055 Los Angeles, California 90064
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e. carolsobellaw@gmail.com t. 310-396-0731
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e. Monique.alarcon8@gmail.com e. hoffpaul@aol.com
e. csweetser@sshhlaw.com
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA - SOUTHERN DIVISION
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ORANGE COUNTY CATHOLIC Case No. 8:18-cv-00155 DOC (JDE)
WORKER,
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NOTICE OF SETTLEMENT WITH
Plaintiffs, THE CROSS-DEFENDANT CITY OF
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SANTA ANA AND EXHIBIT A:
v. SETTLEMENT AGREEMENT
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ORANGE COUNTY, et al.,
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Defendants.
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Plaintiff Orange County Catholic Worker (“OCCW”) files this Notice of
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Settlement with the Cross-Defendant City of SANTA ANA. A copy of the
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Settlement Agreement signed by all parties is attached at Exhibit A.
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The Settlement is made between the parties and submitted subject to 1) Court
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approval of the terms; 2) final ratification by the Santa Ana City Council within 14
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days of the Court’s signing of the Proposed Order; 3) the condition in the Settlement
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Agreement concerning the prior MOU with the defendant County; and 4) entry of
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dismissal with prejudice as to Defendant Santa Ana only, with the Court retaining
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jurisdiction to enforce the Settlement Agreement for the period of time and pursuant
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to the conditions specified in the Agreement.
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Dated: Sept. 23, 2019 ELDER LAW & DISABILITY RIGHTS CENTER
LAW OFFICE OF CAROL A. SOBEL
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SCHONBRUN SEPLOW HARRIS & HOFFMAN
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/s/ Carol A. Sobel .
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By: CAROL A. SOBEL
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
AMENDED CIVIL MINUTES Î GENERAL
Case No. SA CV 18-00155-DOC-JDE Date: May 8, 2021
Title: ORANGE COUNTY CATHOLIC WORKER ET AL V. ORANGE COUNTY
ET AL
PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE
Terri Steele Not Present
Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR
PLAINTIFF: DEFENDANT:
None Present None Present
PROCEEDINGS (IN CHAMBERS): ORDER RE EMERGENCY
HEARING
In September 2019, the Parties entered into a settlement agreement in which the
City agreed to operate temporary shelters that would provide a total of 450 beds for its
homeless population. Settlement at 6. Plaintiffs allege that the City currently Ðhas zero of
the required 450 beds available.Ñ Dkt. 386 at 2. Pursuant to Section four under
ÐEnforcement of Anti-Camping OrdinancesÑ, the City shall Ðprior to enforcement of the
Anti-Camping Ordinances against any homeless individual, \[O&E Personnel will\] locate
and offer an available and appropriate placement in the City for the individual in
question.Ñ See Settlement at 7. ÐIf 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.Ñ Id. at 2-8.
According to Plaintiffs, despite not having the required bed space to shelter its
homeless population, the City Ðnow plans to clear an encampment of approximately 40
people at 3:00PM Saturday.Ñ Dkt. 386 at 3.
Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!4:1!!!Gjmfe!16019032!!!Qbhf!3!pg!3!!!Qbhf!JE!$;5565
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES Î GENERAL
Date: May 8, 2021
Pa
ge 2
Plaintiff first requests an Order finding City to be in violation of the settlement.
This Court does not find it appropriate to intervene in a nuisance abatement action
involving private property having been decided by the Superior Court on Friday, May 7,
2021. The State Court order does not relate to the Federal Court Consent Decree.
Accordingly, PlaintiffÓs request is DENIED.
Second, Plaintiff requests the Court to suspend City action that would displace
people pending 450 beds. Pursuant to Section four under ÐEnforcement of Anti-Camping
OrdinancesÑ, the City shall Ðprior to enforcement of the Anti-Camping Ordinances
against any homeless individual, \[O&E Personnel will\] locate and offer an available and
appropriate placement in the City for the individual in question.Ñ See Settlement at 7. ÐIf
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.Ñ Id. at 2-8. Therefore, the City may not enforce until they have
complied with the terms of the Settlement and have 450 bed spaces available. This instant
action is not enforcement of the anti-camping ordinance, but the order of abatement from
the Superior Court. The CityÓs stated position is that it will not enforce in violation of the
settlement. The City is ORDERED to file its position formally on the docket.
Finally, Plaintiff requests sanctions with attorneysÓ fees and other actions. This
request is held in abeyance pending the outcome of this dispute.
The Court ENCOURAGES that the City of Santa Ana open shelter immediately
for the benefit of the displaced homeless population and the citizens of Santa Ana.
The Clerk shall serve this minute order on the parties.
MINUTES FORM 11 Initials of Deputy Clerk: ts
CIVIL-GEN