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HomeMy WebLinkAboutCorrespondence - Closed Session #3COrozco, Norma From: Tim Johnson <tjohnson@jlkrllp.com> Sent: Monday, September 20, 2021 4:17 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 3C Attachments: RE: Public Information Request- OCSD Transport to Santa Ana; CORRESPONDENCE- 3.3.20 Closed Session.pdf, SA vs OC Docket History dtd 9.9.21.PNG Council (cc City Manager Ridge and City Attorneys Carvalho and Funk) ... On Tuesday you will be discussing in closed session item 3C. This item is where the City of Santa Ana has brought litigation against the County broadly for disproportionate impact on homelessness, transporting those experiencing homeless across Service Planning Areas (SPAS), and impact of jail policies. My goal with this email is to: 1. Encourage the city to provide an update to the residents about the status of this particular litigation. 2. Provide you information that I have gleaned from my own inquiries that may help you understand the case better and possibly provide information to your legal counsel. Update to the Public We all know that there is no requirement for the city to provide an update, but it seems that the city's handling of this homelessness crisis is always at the top of residents concerns. This is a closed session item and a legal matter. However, it is also a human issue and a resident issue. There is nothing stopping you from providing the public an update on this case. This can be done without divulging private client -attorney information or strategic plans about the case. This litigation was initiated in January 2020 after approval by council. Unfortunately, this litigation has been in "continuance" mode where settlement conferences and hearing of a motion to dismiss keeps getting pushed forward in time. The most recent continuances have been from: 1) June 9 to July 9, 2) July 9 to July 29, 3) July 29 to Aug 18, 4) Aug 18 to Sept 29. That is four continuances with no action. We will see if the conference and motion hearing for Sept 291h is had or if it is further continued. I know that some continuances are necessary logistically or strategically but at the same time the public should have an update. Please see attached a picture of the recent docket history for this case and you will see the continuances as Doc #s 81, 83, 84, 85, and 86. But more importantly, it has been over 20 months since the litigation was initiated and there has not been an update on this case. Certainly, we occasionally have an update on our city's response to those experiencing homelessness in our city but not with regards to the items of this lawsuit. The residents deserve to know what is happening here. urge you to provide an update to the residents of this case. Otherwise, I fear that this case will be similar to another that the city has entered into through its cross -complaint in Case No. SA CV 18-0155-DOC (KESx). That particular case was approved by the city council in April 2018 at which time the city did not actually serve any of the south county cities that was the true target of the litigation and it provided The County (which was served) an indefinite response timeframe to respond to the case. The County has yet to respond to the initiation of this litigation and the city council has never provided an update on this as to their decision not to initiate litigation as it was voted upon at its 4/25/18 council meeting (vote: 6-0, 1 absent). Case Information I know this is long ... attached is also information that shows that OCSD has transported folks across SPA lines for the purpose of providing shelter in violation of the Catholic Worker settlement agreement along with information that the county and cities continue to distribute to those in other SPAS who may be seeking shelter. The county has indicated that they do not keep information as it relates to transportation of homeless individuals as they indicated on page 18 of Doc 50 of the case: 2011 67. On August 17. 2020. the County produced service logs for the period 21 22 23 24 04111 26 27 28 front July 24. 2019 to July 8, 2020, which reflected nearly 300 encounters with individuals experiencing homelessness, many of whore were arrested and taken to the Intake Release Center on Santa Ana, including for minor offenses (such as public ruination) that simply reflect the reality of experiencing homelessness. 68. Notably, the OCSD-s August 17. 2020 correspondence indicated unequivocally: "The Orange County's Sheriff's Department does not keep statistics related to the transportation ofhomeless individuals.' The OCSD's -Is- OF SAN7A ANA Case 8:4-cv 00069-DOC-KES Document 50 F41ed OWIJ20 Page f9 of 37 Page ID at365 1 failure to track the number of homeless individuals it has transported is apparently 2 intentional It has now made it impossible for the County. the OCCW Plaintiffs. 3 thud -party beneficiaries of the OCCW Settlement Agreement (like Santa Ana). the 4 public, or any other interested parties to monitor the OCSD's compliance with the 5 OCCW Settlement Agreement's prohibition on the transporting of homeless 6 individuals across SPA borders. The failure to track this important information 7 makes it possible for the County to violate the Settlement Agreement and to escape 8 attention and accountability. However, the county previously provided to me information that appears it does track in their system information regarding transportation of homeless individuals. See attached email titled "RE: Public Information Request- OCSD Transport to Santa Ana". This information clearly shows that OCSD is not only tracking this information but has provided transportation to those seeking shelter across SPA lines after the Catholic Worker settlement where the county agreed to stop such action. If you have not received similar information in your queries, they are obviously withholding information or the right information is not being requested. Further, please know that the county and other South County cities continue to distribute collateral material providing information to those who are unhoused within their own jurisdictions indicating shelter locations here in Santa Ana. Despite some of these shelters no longer being in operation. Please find attached information titled "Correspondence- 3.3.20 Closed Session". This is old information but as relevant today as it was back in March of 2020. This file also contains condensed information regarding the transportations across SPA lines. Further, please know that the County continues to utilize OCSD to transport individuals for minor legal offenses, which are still violations so they should be handled, to their Intake Release Center (IRC) here in Santa Ana. They are often processed and then released... often late into the evening (i.e. 10pm, 11pm, etc...). These individuals then are pretty much forced to spend the night in Santa Ana unless they are able to secure safe transportation back to their city of violation. Further, these individuals' belongings are often not maintained at the IRC but instead off -site with not the same hours of operations as their release from processing at IRC. This further increases the odds of an individual being unhoused on the streets of Santa Ana. I urge you to continue to request that the county utilize its facility located in the South SPA (Musick) for releasing of individuals who are arrested in South county to increase the likelihood that they will return to the area that they are familiar with and have ties to instead of increasing the likelihood of them spending countless nights on the streets of Santa Ana. The county should be either releasing from Musick or they should be transporting the detainee and their belongings back to their city of detainment directly from release from the IRC. This is not only best for our city but also best for the individual who was detained as that is the city they are most familiar with and have ties to. The county will say that they offer transportation but this offer is far too often inconvenient (especially for their belongs), delayed, or otherwise not encouraged. Essentially, the county's offer is not likely to provide needed transportation for the detainee who is released. Conclusion I continue to request that the City work on a housing first approach to reducing homelessness and act with compassion to those in need. However, the city must stand strong and fight what is best for our residents. Please provide an update on this case and also push the county acknowledge its past wrong doings and take corrective action to do better going forward. Also please make sure your legal counsel is aware of the apparent discrepancies between what the county is indicating to you versus what they provided to me (I have forwarded this to them also previously). Thank you for working hard for our city. Blessing to you all! Tim Johnson Resident of Ward 3 Rosenberger Cv�Mf NeMe A[[anunt[ Proudly part of the PKFglobal family IM©® Tim Johnson, CPA Partner 0 (949)860-9892 B (714)743-1065 0 tjohnson@jlkrllp.com 2601 Main Street, Suite 580, Irvine, CA 92614 ® See our latest business news and insights by clicking here This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. JLK Rosenberger is a California Limited Liability Partnership and a member firm of PKF International Limited, a family of legally independent member firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member or correspondent firm or firms. Orozco, Norma From: Prarequests <Prarequests@ocsd.org> Sent: Tuesday, March 17, 2020 3:00 PM To: Tim Johnson Subject: RE: Public Information Request- OCSD Transport to Santa Ana Attachments: Tim Johnson.pdf; Referral Summary PRA request.xlsx Hi Tim, Please see attached responsive records to your request. Sincerely, Ve-0nuGc M"4.6Co- Staff Specialist — CPRA Unit Orange County Sheriff's Department 714-834-6449 From: Tim Johnson <tjohnson@jlkrllp.com> Sent: Friday, March 13, 20204:47 PM To: Prarequests <Prarequests@ocsd.org> Subject: RE: Public Information Request- OCSD Transport to Santa Ana Thank you ... I understand with all that is going on, I need to be flexible, so totally fine. Thanks! Tim Johnson, CPA JLK Rosenberger, LLP ® (949) 860-9892 ® (714) 743-1065 From: Prarequests <Prarequests@ocsd.org> Sent: Friday, March 13, 2020 4:28 PM To: Tim Johnson <tiohnson@ilkrllp.com> Subject: RE: Public Information Request- OCSD Transport to Santa Ana Hello Mr. Johnson; Just wanted to let you know that we will have responsive records available for release by next week. No later than Thursday, March 19, 2020. Thank you for your patience. Sincerely, VerovuCc Mw,iCo- Staff Specialist — CPRA Unit Orange County Sheriff's Department 714-834-6449 From: Prarequests Sent: Tuesday, February 11, 20201:09 PM To: Tim Johnson <tlohnson@Ilkrllp.com> Subject: RE: Public Information Request- OCSD Transport to Santa Ana Yes, I am currently consulting with another division on this. I will get back to you. Thank you, Veronica Musico From: Tim Johnson <t]ohnson@Ilkrllp.com> Sent: Tuesday, February 11, 202012:58 PM To: Prarequests <Prarequests@ocsd.orR> Subject: RE: Public Information Request- OCSD Transport to Santa Ana Are you still able to provide the item we discussed yesterday in terms of the referrals that OCSD is providing to service providers? Tim Johnson, CPA JLK Rosenberger, LLP (9 (949) 860-9892 ® (714) 743-1065 From: Prarequests <Prarequests@ocsd.orR> Sent: Tuesday, February 11, 202012:56 PM To: Tim Johnson <tlohnson@Ilkrllp.com> Subject: RE: Public Information Request- OCSD Transport to Santa Ana Hello Mr. Johnson: The letter sent to Mr. Gerda on 6/21/18 was in response to prior records kept by the Orange County Sheriff's Department. The Orange County Sheriff's Department has no responsive records to your request regarding the transportation of homeless individuals. I am currently working on the other two PRA requests you submitted. We will respond within 10 days of receipt. Sincerely, W4-&M.Ca MUST Staff Specialist — CPRA Unit Orange County Sheriff's Department 714-834-6449 From: Tim Johnson <tjohnson@ilkrllp.com> Sent: Monday, February 10, 2020 3:05 PM To: Prarequests <Prarequests@ocsd.orR> Subject: RE: Public Information Request- OCSD Transport to Santa Ana Tim Johnson, CPA JLK Rosenberger, LLP Q (949) 860-9892 19 (714) 743-1065 From: Prarequests <Prarequests@ocsd.org> Sent: Monday, February 10, 2020 2:57 PM To: Tim Johnson <tiohnson@ilkrllp.com> Subject: RE: Public Information Request- OCSD Transport to Santa Ana Hello Mr. Johnson: The Orange County Sheriff's Department has no responsive records to your request regarding the transportation of homeless individuals. We are able to provide the number of individuals booked in the Orange County Jail, however this includes all individuals. Please let me know if you have any questions. Sincerely, Ve -Ong Cc M"4+-Co- Staff Specialist — CPRA Unit Orange County Sheriff's Department 714-834-6449 From: Tim Johnson <tiohnson@ilkrllp.com> Sent: Thursday, January 30, 2020 3:16 PM To: Prarequests <Prarequests@ocsd.org> Subject: Public Information Request- OCSD Transport to Santa Ana Please accept this email as a request under the California Public Records Act (CPRA). Please provide the following information as soon as reasonably possible. 1) Number of homeless individuals transported by the Sheriff's Department from outside of the city of Santa Ana to Santa Ana for any purpose during calendar year 2019 AND during the period of January 1, 2019 through July 23, 2019. 2) Number of homeless individuals transported by the Sheriff's Department from outside of the city of Santa Ana to the County Jail facility located in Santa Ana during calendar year 2019 AND during the period of January 1, 2019 through July 23, 2019. 3) Number of homeless individuals transported by the Sherriff's Department back to the cities that they were picked up in during the same periods as above. If the date ranges above are impossible to obtain, please substitute dates most closely available. Sincerely, Rosenberger I Tim Johnson, CPA C,„n,,,,,,�,,,,. Partner Proudly part of the PKFglobal family Q (949)860-9892 Q (714) 743-1065 v tjohnson@jlkrllp.com 2601 Main Street, Suite 580, Irvine, CA 92614 This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. JLK Rosenberger is a California Limited Liability Partnership and a member firm of PKF International Limited, a family of legally independent member firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member or correspondent firm or firms. ORANGE COUNTY SHERIFF'S DEPARTMENT SHERIFF -CORONER DON BARNES March 17. 2020 Tim Johnson tiohnson@ilkrilp.com RE. Your request for records for 2018, 2019, and from January 1, 2019 through July 23, 2019, for number of individuals referred to service providers by the Orange County Sheriff's Department. Dear Mr. Johnson: This letter is in response to your above -referenced request received by the Orange County Sheriff's Records Division on Tuesday, February 11, 2020. The attached Excel spreadsheets house the records responsive to your request. Please note that these are referrals only. The "Describe services referred to" field is an optional field. When there is no information in the field, Sheriffs field personnel did not specify the services referred to. If you have any questions, please contact Staff Specialist Veronica Musico at 714-834-6449. Sincerely, Robert Beaver Senior Director OCSD Records Division KW:vm Attachment cc: Media Relations Integrity without compromise I Service above self I Professionalism in the performance of duty I Vigilance in safeguarding our community CITY ALISO VIEJO Describe services referred to City net present Hca Hospital and housing Hous by and job Housing Housing and job housing and job after release from jail Housing and job and drug treatment housing and job placement Job and housing OC links, hca, OC vets OC SSA OC4VETS Offered housing and job placement Offered shelter Public health 10-97 Public health was 10-97 Shelter Shelter and a bus pass back to MI Shelter and buss pass to Michigan Shelter and job Ssa Telecare Treehouse VA through OC4VETS ANAHEIM Baptist Church City net City net present City net was present CityNet Courtyard CPS Hca HCA and Shelter OC HCA OC health care OC health care agency OC links OC pamphlet OC Public health Orange County health care agency Telecare Tustin shelter— BUENA PARK COSTA MESA CYPRESS DANA POINT FOUNTAIN VALLEY FULLERTON GARDEN GROVE HUNTINGTON BEACH Courtyard Hca Lighthouse OC HCA OC health OC health care OC links OC Public health pamphlet Courtyard Hca Dana point mercy house Dana point outreach , mercy house Dana point outreach hotline DP mercy house Homeless outreach phone number Mercy house Courtyard OC Public health Bridges Courtyard Hca OC health care OC Public health OCHCA Shelter VA services Bridges City net City net got him housing CityNet Courtyard Hca OC health care OC Public health OCHA Shelter Courtyard Hca HCA and Housing Lighthouse IRVINE LA HABRA LAGUNA BEACH LAGUNA HILLS LAGUNA NIGUEL Mha OC health care OC Public health Hca City net Courtyard Hca HCA and Shelter HCA and Shelters Housing OC healhcare OC health care OC healthcare OC Public health Pamphlet Shelter Uses CITY NET Asked directions to Laguna Beach shelter Hca HCA, legal help Hca, rapid housing HCA/OC4VETS Mercy house Shelter South county outreach VA, HCA FAM representative Courtney met with Ronald to prov Hca Homeless Outreach Pamphlet Homeless outreach pamphlet given, no direct contact Mercy Warehouse Orange County Health Orange County health and social services Ronald was given 5-6 potential apartments/rooms for Social services Social services & Orange County Health South OC Homeless Pamphlet given South Orange County Homeless Pamphlet given Veteran Affairs Veterans Affairs Veterans Service Office / VA LAGUNA WOODS Hca LAKE FOREST LOS ALAMITOS MISSION VIEJO NEWPORT BEACH Hca, rapid housing Homeless court Mission Laguna Beach OC links Outreach Shelter services South county out reach Citi net Drug Rehab Given Resource pamphlet Hca HCA and Mercy House HCA, homeward bound HCA/Mercy House Her probation Homeward bound Mercy house Mercy House follow up Opportunity Knocks Resource Pamphlet referred to Mercy House Veterans Affairs Hca CAT Hca HCA and Mercy House Housing Mercy house Mercy house and families forward Mercy house and Oc heathcare for mental health Mercy House and VA Mercy house and working with HCA Mercy house for ID card Mercy house/ Conducted a VI SPDAT Mercy House/ Resources Pamphlet Mercy house: Families Forward Rescue mission Saddleback church food drive Services pamphlets Shelter Shelter / Mercy House Stand Up for Kids Courtyard Hca ORANGE PLACENTIA RANCHO SANTA MARGARITA SAN CLEMENTE SAN JUAN CAPISTRANO OC HCA OC health care OC Public health Bridges Courtyard OC health care OC Public health Public health Hca OC health care 'Hca Mental Health OC health care agency Pocket Guide Resource Directory Advocates City net Detox FAM FAM, Mercy House Housing Housing pending Mercy Mercy house Mercy house // homeward bound candidate Mercy house, housing, veterans assistance Mercy house, outreach and engagement Mercy house, sober living Mercy house. Housing, declined. Mercy housr Mercy hpuse Mercy. House OC health Oc health shane Serve the people Telecare VA Dana point mercy house DISABLED HOUSING Hca Ihope Mercy Mercy house SANTA ANA STANTON OC health care OC links Shelter AOT Citinet City net Courtyard Courtyard Santa Ana Does not remember Hca HCA and Shelter HCA, mental health Housing Illumination Foundation Links Mercy house/ Conducted a VI SPDAT OC health care OC links OC Public health OCHC OCHCA Pamphlet Rehab company Rock house Safe place Salvation Army in Anaheim SANTA Ana policel States he is talking to Tyler from city net UCI Medical center Working with whiteman from Public health Armory City net City net card CityNet Citynet and telecare Courtyard Hca HCA and Shelter Hot pamphlet Housing OC HCA OC health care OC Public health Pamphlet VA hospital UNINCORP NORTH OPERATIONS UNINCORP SOUTHEAST EAST VILLA PARK WESTMINSTER 1st Baptist City net in Anaheim Courtyard Fullerton Armory Hca HCA and Shelter Hospital Housing Light house Lighthouse Mha OC health care OC links OCHC Pamphlet Public health Salvation Army Shelter Sta 91 / hospital Women's shelter Mental Health Mission Hospital Laguna Beach Mercy house Rehabilitation Courtyard OC health care CAT Doris from courtyard Hca Bridges Courthouse Hca HCA offered, and mercy house HIS Picnic Mercy house OC District Attorney OC HCA OC health care OC health care agency OC Public health OCFA OCFA, Emergency Ambulance OCHCA Shelter Social services GR St. Martin cle Porres 2018 2019 6 26 1 3 1 1 5 5 4 1 1 3 4 1 1 1 1 1 1 1 1 1 1 1 1 6 1 1 4 27 1 2 1 1 1 1 4 2 11 6 3 1 1 1 1 1 1 2 1 1 7 5 94 1 7 7 4 1 2 22 6 1 1 1 1 2 163 49 1 2 1 3 1 15 2 6 2 2 1 13 2 5 1 2 2 1 2 1 3 12 1 2 1 2 2 4 7 2 1 1 1 1 30 2 4 6 4 1 1 1 1 4 4 1 1 14 4 2 2 1 2 1 1 1 1 3 1 1 1 1 63 1 10 26 2 2 1 2 1 1 2 57 1 2 3 1 1 1 20 1 1 1 1 1 2 2 1 1 5 2 14 1 1 2 1 1 1 2 4 418 1 1 26 25 1 1 1 1 1 1 17 10 1 1 1 1 5 1 15 261 15 9 5 6 3 7 7 1 1 2 1 2 11 1 5 1 1 1 1 1 1 1 1 2 15 1 6 1 1 5 7 18 1 2 2 1 1 2 11 4 1 2 76 1 1 3 5 1 30 1 1 1 1 1 1 1 4 4 37 66 1 1 1 1 1 2 3 1 1 1 1 1 1 1 77 3 6 1 1 1 1 1 2 2 3 26 130 1 1 6 17 22 1 1 22 4 3 1 2 1 1 1 19 1 7 4 1 1 1 1 2 1 1 1 5 7 1 57 1 3 20 1 1 2 1 14 1 8 41 1 1 3 1 1 24 1 1 2 4 1 6 1 1 1 1 1 1 3 1 1 1 1 1 2 1 1 5 73 1 1 1 1 1 2 1 1 7 2 10 1 1 1 1 1 1 2 6 1 2 1 1 1 4 1 1 1 January 1, 2019 through July 23, 2019 IRVINE LA HABRA LAGUNA HILLS LAGUNA NIGUEL LAGUNA WOODS LAKE FOREST LOS ALAMITOS MISSION VIEJO HCA HCA HCA, legal help Mercy house Shelter VA, HCA HCA Homeless Outreach Pamphlet Orange County Health Orange County health and social services Social services Social services & Orange County Health Veteran Affairs Veterans affairs Veterans Service Office / VA HCA Homeless court Mission Laguna Beach Outreach Shelter services South county out reach Given Resource pamphlet HCA HCA and Mercy House HCA, homeward bound Her probation Homeward bound Mercy house Veterans affairs HCA HCA and Mercy House Housing Mercy house Mercy house and families forward Mercy house and Oc heathcare for mental health Mercy House and VA Mercy house and working with HCA Mercy house for ID card Mercy house/ Conducted a VI SPDAT Mercy house: Families Forward 1 13 49 19 2 1 1 2 42 3 1 11 1 1 1 2 1 1 4 11 1 2 1 1 2 296 1 23 1 1 1 1 9 1 5 161 9 5 1 7 4 1 1 2 2 6 4 Rescue mission Saddleback church food drive Stand Up for Kids NEWPORT BEACH Courtyard ORANGE Courtyard PLACENTIA OC health care RANCHO SANTA MARGARITA OC HEALTH CARE AGENCY SAN CLEMENTE Advocates Housing Mercy Mercy house Mercy house, outreach and en Mercy. 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