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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