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Orozco, Norma From: Tim Johnson <tjohnson@jlkrllp.com> Sent: Tuesday, December 01, 2020 11:32 AM To: eComment, Pulido, Miguel; Bacerra, Phil; Villegas, Juan; Penaloza, David; Sarmiento, Vicente; Mendoza, Nelida; Solorio, Jose Cc: Funk, John; Ta, Quyen; arwen johnson@kslaw.com; Perigoe, Kelly Subject: 25K- King & Spalding Contract Attachments: CORRESPONDENCE- 3.3.20 Closed Session.pdf Council (cc Ms. QTa, Mr. J Funk, Ms. K Perigoe, Mr. AJohnson) ...When you are considering expanding the approval of the fees paid to K&S tonight, please consider the following: • The residents deserve an update from the city as to the status of the lawsuit against the county. Despite this case being a closed session item, there is no prohibition against providing a high level update to the residents showing what the city has received from K&S and what they will ultimately be providing with this additional funding. • The upcoming hearing to dismiss in January is of the utmost importance and K&S must be allowed to properly prepare for it which will take time. This hearing is a month and a half away. If the Council desires to continue with this case, the January hearing is a must win. • Assuming the case is not dismissed, discovery and ultimately a potential trial will be very time consuming for K&S to properly represent the City and its residents. In order to prevail, and potentially have the County pay attorney fees, it will take talented lawyering from K&S as well as cooperation from the city and possibly residents. For K&S to devote the time needed to potentially prevail, it appears that additional funding will be needed. • The county does not appear to be working in good faith in providing information to K&S (or the City) as evidenced by the OCSD providing records to me showing that they transported individuals across SPA lines into Santa Ana for the purpose of securing emergency shelter in Santa Ana in direct violation of the OCCW Settlement Agreement. In the County's response to the City in court, they indicated that they do not have any statistics on homeless transports to the city. In response to the 1s` Amended Complaint by the City, the County indicated "The Orange County's Sheriff's Department does not keep statistics related to the transportation of homeless individuals." (reference: Revised First Amended Complaint, Exh A, Page 18, item 68). • The county continues to have available pamphlets for the North and Southern SPAS that provide information to emergency shelters in Santa Ana (Central SPA) which also appears to be a violation, at least in spirit, of the OCCW Settlement Agreement which is producing continued disproportionate impact upon our city as compared to especially Southern OC cities. Please find attached prior correspondence showing the transports referenced above in bullet point #2 and as well as the pocket guides that are currently available on various websites. This information was previously submitted to the Santa Ana City Council in March of 2020. None of this information appears to be referenced in K&S/City's court documents, so I submit it to you again in hopes that it may be useful- note that this is for transports only from mid July 2019 through end of 2019 and does not include any potential transports to Santa Ana emergency shelters in 2020. Obviously, K&S/City has received its own information from the County through its PRA requests which may also be very helpful as shown in its court filings. Additionally, it is quite possible that even a larger burden is being put on Santa Ana through the nearly transport to the County Jail by OCSD persons struggling with housing and then subsequently being released, most likely onto the streets of Santa Ana (reference: Revised First Amended Complaint, Exh A, Pg 18, Item 67). The jail release procedures is a de facto way of transporting persons experiencing homeless, who may be violating a law no matter how small, from a South County jurisdiction without adequate shelter to Santa Ana by the OCSD- again, causing disproportionate impact upon our community.