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<br />Orozco, Norma <br />From:Tim Johnson <tjohnson@jlkrllp.com> <br />Sent:Monday, September 20, 2021 4:16 PM <br />To:Hernandez, Johnathan; Sarmiento, Vicente; Penaloza, David; Mendoza, Nelida; Lopez, <br />Jessie; Bacerra, Phil; Phan, Thai; eComment <br />Cc:Ridge, Kristine; Carvalho, Sonia R.; Funk, John <br />Subject:Closed Session Item 3D <br />Attachments:340- SA Settlement Agreement dtd 9.23.19.pdf; 390- Carter ruling on emergency <br />hearing re El Centro & 450 beds in SA.pdf <br />Council (cc City Manager Ridge and City Attorneys Carvalho and Funk)…On Tuesday you will be discussing in closed <br />session item 3D (Catholic Worker Case; Case No. SA CV 18-0155-DOC (KESx)). This item is where the City is a defendant <br />in the Catholic Worker case (note: defendant by choice). The goal of this email is twofold: <br />1. Encourage the city to provide an update on the Catholic Worker case specifically regarding its compliance with <br />the Settlement Agreement (attached “340- SA Settlement Agreement dtd 9.23.19), and <br />2. To provide the residents information as to how many beds the city needs to maintain in accordance with the <br />Settlement Agreement in order to enforce certain laws and how many beds are actually available. <br /> <br />Update to the Public <br />Homelessness is one of the biggest, if not the biggest, concern of residents of Santa Ana. The public deserves to have an <br />update as to the city’s response with this case specifically with its compliance with the Settlement <br />Agreement. Obviously, this is a closed session item and such the information you may be required to disseminate to <br />the public may be limited but there is nothing stopping the city from providing an update on this matter as long as it is <br />not privileged information or would jeopardize a strategy of the city. <br /> <br /># of Beds Required <br />The public is hearing or reading conflicting information as to the number of beds that the Settlement Agreement <br />requires the city to maintain in order to enforce its Anti-Camping Ordinances. We are hearing 1 empty bed, we are <br />hearing 200 shelter beds regardless of capacity, while others are hearing 450 beds. This should be a very straight <br />forward communication per the Settlement Agreement. Please communicate to the public the city’s required number <br />of beds available in order to enforce its Anti-Camping Ordinances. <br /> <br />I will assist you here also by providing Judge Carter’s language in his Order Re Emergency Hearing filed 5/8/21 (initiated <br />with the El Centro case) attached. The pertinent language is highlighted below but Judge Carter clearly indicates <br />“Therefore, the City may not enforce until they have complied with the terms of the Settlement and have 450 bed <br />spaces available.” {emphasis mine} This seems pretty clear that the city needs to have 450 beds in order to enforce <br />straight from the Judge who is presiding over this case. Do you agree? It feels like the city does not believe that 450 is <br />the “the number” based on prior comments made in council and also based on the number of beds that I believe are <br />available (both in Santa Ana and contracted out to the shelter in Fullerton). Here is the language from the above <br />referenced Carter ruling: <br />1 <br /> <br />