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Orozco, Norma From: Tim Johnson <tjohnson@jlkrllp.com> Sent: Tuesday, May 18, 2021 1:40 PM To: eComment Cc: Ridge, Kristine; Carvalho, Sonia R.; Funk, John; Lopez, Jorge (SAPD); Penaloza, David; Sarmiento, Vicente; Mendoza, Nelida; Bacerra, Phil; Phan, Thai; Hernandez, Johnathan Subject: Closed Session Item (5/18/21) Attachments: 388- Santa Ana Response to El Centro Abatement Warrant intervention.pdf; 75- Order directing mandatory settlement conf on 5.5.21.pdf, 76- SA & OC Settlement Conf Minutes of 5.5.21.pdf, 390- Carter ruling on emergency hearing re El Centro & 450 beds in SA.pdf, SA City Council Close Session Minutes initiating cross complaint April 2018.pdf Mayor and Council (incl City Manager Ridge and City Attornies Carvalho and Funk) ... You will be considering three related yet separate cases in Closed Session this evening- all with regards to those who are struggling with housing in our City. Overall, please move towards providing real housing solutions to those who are struggling with housing. Not because a Judge or Court tells us to, but because it is the right thing to do for those who are struggling. I also urge you to not focus on congregate living facilities (i.e. traditional emergency shelters) being used as long-term solutions but instead focus on real housing solutions that will help folks to actually rest, recover, and recuperate in order to go on the road to self-sufficiency (whatever that may look like on a personal level). Additionally, please utilize emergency shelter to operate like the Emergency Room at the hospital... triage/assess, stop the immediate crisis, evaluate the case, and move them onto the next best level of care. Just as no one should be using the ER for long term medical attention, emergency shelter should be operating on a similar capacity but in order to do that we need available next level housing options so that emergency housing does not become the landing spot like it has traditionally for far too many in our county (i.e. reference those who stayed at the Courtyard for months and years). Anyways, please consider the following with regards to the cases tonight: City of SA vs County of Orange (8:20-cv-00069-DOC) This case is where the city is suing the county- overly generalized regarding the disproportionate impact the city has endured with regards to the county's actions and/or in -actions. There was a mandatory settlement conference on this matter on May 51h after prior conferences and re -scheduling in which our Mayor was to attend along with OCBOS Chairperson Do. I urge the city to provide the residents an update on this case. We have not heard anything with regards to this case. I also remind you that although this is a closed session item, I do not believe that there is anything prohibiting providing an update to the residents while at the same time continuing to pursue legal remedies. I also urge you to review the latest LA Judge Carter ruling wherein there are arguments made that there are civil rights violations to minority areas that have been disproportionately impacted by the housing/homeless crisis through lack of due process and equal protection. Although, it may be argued that these are not city level legal arguments (i.e. a resident may be required to assert), they are still applicable to the case at hand even while the case is being appealed and reconsidered. See attached relevant case documents #75 & #78. OCCW vs OC (8:18-cv-00155-DOC) As you surely know, the City entered into a prior settlement agreement wherein the city agreed to provide 450 shelter beds in the city for those struggling with housing in our city. There are concerns that the city is not currently abiding by that settlement by not providing the necessary number of beds to those who are in need. Obviously, during COVID, there may have been some leniency as emergency shelters had to reduce the number of people in a congregant living environment which makes abiding by the settlement very difficult. But none the less, those on the streets need housing assistance along with the services that come along. I would also urge you to consider that if people are continuing to refuse the type of housing being provided that maybe we need to reconsider the type of housing that is being