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HomeMy WebLinkAboutCORRESPONDENCE - CLOSED SESSION 1BCS-16 City Council Meeting Correspondence 10/1/2019 1.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - B.City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18- 0155-DOC (KESx) Date of Name Correspondence 1011/2019 Tim Johnson *RA - Recommended Action Representative of In Favor In Opposition Comment of RA*. of RA.* Sub -total• TOTAL: Yes Tuesday, October 01, 2019 Page 1 of 1 Lopez, Kenia From: Tim Johnson < Sent: Tuesday, October 01, 2019 7:24 AM To: eComment Cc: Pulido, Miguel; Sarmiento, Vicente; Penaloza, David; Iglesias, Cecilia; Solorio, Jose; Villegas, Juan; Ridge, Kristine Subject: 1 B- Cross Complaint Attachments: 158- Santa Ana Cross Complaint suing other OC Cities dtd 4.26.18.pdf; 246- SA ANA Orange Tustin Stip to extend response date to SA Suit dtd 7..... pdf; 232- SA ANA Orange Tustin Stip to extend response date to SA Suit dtd 5..... pdf Mayor, Council, and CM Ridge ... As in each of your prior closed sessions, you have the city's cross complaint in the Catholic Worker case agendized on tonight's closed session (item 113). Obviously, with the settlement also before you on agenda item 25H, this is ultimately very important. As I have suggested in the past, I believe that the council is not staying true to what it voted on in April of 2018 when it chose, after public discussion, to sue the other cities in Orange County, and the county itself, over the impact of homelessness in our community of Santa Ana. Despite voting to proceed with litigation, the city decided only to serve 3 cities (Orange, Tustin, Anaheim) and the county. Subsequently, the cities have been released due to prior settlements in the Catholic Worker case and only the county remains. By not serving the other cities, I believe that the city is allowing South County cities to continue to do what they have been doing which is to continue to disproportionately impact our city with quality of life issues as well as fiscal obligations. It has been 15 months since the city council voted to proceed with litigation yet no service of the suite on any South County city has occurred. It is time for the council to follow through on its vote to sue or to have a public discussion in an open forum on its decision not to proceed. There likely are reasons for the council to not follow through on its prior vote ... some of those reasons may be valid while others may not be in the public's eye, but the residents and businesses have a desire to know what is going on. Additionally, the city has chosen to delay indefinitely the responses from the county in the case. So essentially, we have spent the time and resources to prepare the suit, serve 4 jurisdictions, not serve any of the South County cities, released 3 of the cities (likely rightfully so) and even chosen to allow the one jurisdictions that was served, and not released, to not even respond to the lawsuit. The timeline for these matters is as follows: • April 25, 2018: During Closed Session, city council voted unanimously (6-0, 1 absent) to file a cross complaint against all cities in Orange County and the County of Orange over the impact of homelessness in our city of Santa Ana • April 26, 2018: The filing actually happened in federal court. See attached document #158. • May 1, 2018: The county of Orange and the cities of Tustin, Anaheim, and Orange were served the lawsuit (no other cities including those in South County have been served). See attached document #232 indicating the service date of May 1, 2018. • May 17, 2018: The cities of Santa Ana, Tustin, Anaheim, Orange and the county of Orange agree to a response date of July 23, 2018 for the defendants to respond to the Santa Ana cross -complaint. See attached document #232. • July 11, 2018: The cities of Santa Ana, Tustin, Anaheim, Orange and the county of Orange agree to delay the response date indefinitely until such a time that the court issues an order that a responsive pleading must be filed. See attached document #246. Now, in another agenda item you will be discussing the settlement which also has ties to the city's cross complaint with the county in Section 3.3 of that settlement so we may actually have a lawsuit filed where the defendant does not even respond to such suit despite it being active for well over a year. I I urge the council to consider serving the suit against South County cities in order to protect the interests of Santa Ana's residents, businesses, and visitors. There may be concerns about whether Judge Carter is able to preside or whether serving the suit will allow other cities and their leaders to look down upon our city or its leadership, yet that is not what you are tasked with doing. Instead, I ask that you do what is best for the city of Santa Ana. If it is determined to be best not to pursue this course of action, you owe it to the residents to provide an explanation or at a minimum a vote to reverse action on this item because the last vote that happened was on April 25, 2018 where the then current council voted unanimously (6-0, 1 absent) to file the suit which would presumably include serving and progressing forward with litigation. The task at hand is a big one. I trust that you will do what is best for our city. Thank you for the time you devote to this topic. Blessings, Tim Johnson Case 155-DOC-JDE Document 158 Filed 04/26/18 Page 1 of 27 Page ID #:2479 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for Defendant and Cross -Claimant CITY OF SANTA ANA UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ORANGE COUNTY CATHOLIC WORKER, an unincorporated association; Lisa Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy Schuler, Gloria Shoemake, as individuals; Plaintiffs, V. ORANGE COUNTY, the City of Anaheim, the City of Costa Mesa, the City of Orange, and the City of Santa Ana, Defendants. Case No.: SA CV 18-0155-DOC (JDE) CROSS -COMPLAINT BY Cl' 1. Eighth Amendment (Cruel & Unusual Punishment) 2. fourteenth Amendment (Equal Protection) 3, Fourteenth Amendment (Due Process) Case 8: DE Document 158 Filed 04/26/18 Page 2 of 27 Page ID #:2480 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Santa Ana, Cross -Claimant, V. County of Orange, City of Aliso Viejo, City of Anaheim, City of Brea, City of Buena Park, City of Costa Mesa, City of Cypress, City of Dana Point, City of Fountain Valley, City of Fullerton, City of Garden Grove, City of Huntington Beach, City of Irvine, City of La Habra, City of La Palma, City of Laguna Beach, City of Laguna Hills, City of Laguna Niguel, City of Laguna Woods, City of Lake Forest, City of Los Alamitos, City of Mission Viejo, City of Newport Beach, City of Orange, City of Placentia, City of Rancho Santa Margarita, City of San Clemente, City of San Juan Capistrano, City of Seal Beach, City of Stanton, City of Tustin, City of Villa Park, City of Westminster and City of Yorba Linda, Cross -Defendants. For itself, and on behalf of its residents, Defendant and Cross -Claimant, City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, alleges the following: 11,611 .8 1. Across Orange County, a social crisis has unfolded whereby the number of individuals experiencing homelessness has skyrocketed to unprecedented levels. In January 2017, the Orange County Continuum of Care Case 8:N8-cv-00155-D0C-JDE Document 158 Filed 04/26/18 Page 3 of 27 Page ID #:2481 1 Point -in -Time Count and Survey found there were 4,792 homeless individuals in 2 Orange County, more than half of whom were unsheltered. 3 2. Many of these individuals struggle to meet the basic necessities of 4 life, including food, shelter, and health care. They often combat mental illness, 5 1 substance abuse issues, physical disabilities, or any combination of these 6 afflictions. A significant number are single women and veterans. 7 3. Social, mental health, and other services provided to homeless 8 individuals by the County of Orange and entities contracting with the County, 9 along with their funding levels, are woefully inadequate to address the instant and 10 ongoing crisis of homelessness. 11 4. The Orange County Board of Supervisors has publicly admitted that it 12 has failed to spend tens of millions of dollars available for homeless housing and 13 services for the homeless population in the County. 14 5. The number of homeless individuals living in Orange County rose 15 almost 8% from 2013 to 2017. (See, Exhibit "A".) Nowhere in the County was 16 there and is there, a greater concentration of homeless individuals than in the City 17 of Santa Ana. 18 6. Ultimately, Santa Ana seeks by this Cross -complaint, a fair and 19 equitable distribution of responsibilities for homeless services among the County 20 and all Orange County cities, as well as reimbursement and sustained funding by 21 the County for Santa Ana's decades long efforts to relieve homelessness in Orange 22 County. The recent actions of the County and Cross -Defendant cities show that 23 such a result is not likely to be voluntarily achieved. 24 THE PARTIES 25 7. Defendant and Cross -Claimant City of Santa Ana is and at all relevant 26 times has been a charter city and municipal corporation organized and existing 27 under the Constitution and laws of the State of California. 28 Case DE Document 158 Filed 04/26/18 Page 4 of 27 Page ID #:2482 I 8. Cross -Defendant County of Orange is and at all relevant times has 2 11 been a political and geographical subdivision of the State of California having its 3 I principal offices in the City of Santa Ana. 4 9. Cross -Defendant City of Aliso Viejo is and at all relevant times has 5 been a general law city operating under the general laws of the State of California. 6 10. Cross -Defendant City of Anaheim is and at all relevant times has been 7 a charter city and municipal corporation organized and existing under the 8 Constitution and laws of the State of California. 9 11. Cross -Defendant City of Brea is and at all relevant times has been a 10 general law city operating under the general laws of the State of California. 11 12. Cross -Defendant City of Buena Park is and at all relevant times has 12 been a charter city and municipal corporation organized and existing under the 13 Constitution and laws of the State of California. 14 13. Cross -Defendant City of Costa Mesa is and at all relevant times has 15 been a general law city operating under the general laws of the State of California. 16 14, Cross -Defendant City of Cypress is and at all relevant times has been a 17 charter city and municipal corporation organized and existing under the Constitutior IS and laws of the State of California. 19 15, Cross -Defendant City of Dana Point is and at all relevant times has 20 been a general law city operating under the general laws of the State of California. 21 16. Cross -Defendant City of Fountain Valley is and at all relevant times 22 23 24 25 26 27 28 has been a general law city operating under the general laws of the State of California. 1.7. Cross -Defendant City of Fullerton is and at all relevant times has been a general law city operating under the general laws of the State of California. 18. Cross -Defendant City of Garden Grove is and at all relevant times has been a general law city operating under the general laws of the State of California. Case 8: 1 2 3 4 5 6 7 0I 01 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 155-DOC-JDE Document 158 Filed 04/26/18 Page 5 of 27 Page ID #:2483 19. Cross -Defendant City of Huntington Beach is and at all relevant times has been a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. 20. Cross -Defendant City of Irvine is and at all relevant times has been a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, 21. Cross -Defendant City of La Habra is and at all relevant times has been a general law city operating under the general laws of the State of California. 22. Cross -Defendant City of La Palma is and at all relevant times has been a general law city operating under the general laws of the State of California. 23. Cross -Defendant City of Laguna Beach is and at all relevant times has been a general law city operating under the general laws of the State of California. 24. Cross -Defendant City of Laguna Hills is and at all relevant times has been a general law city operating under the general laws of the State of California. 25. Cross -Defendant City of Laguna Niguel is and at all relevant times has been a general law city operating under the general laws of the State of California. 26, Cross -Defendant City of Laguna Woods is and at all relevant times has been a general law city operating tinder the general laws of the State of California. 27. Cross -Defendant City of Lake Forest is and at all relevant times has been a general law city operating under the general laws of the State of California. 28. Cross -Defendant City of Los Alamitos is and at all relevant times has been a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. 29. Cross -Defendant City of Mission Viejo is and at all relevant times has been a general law city operating under the general laws of the State of California. 30. Cross -Defendant City of Newport Beach is and at all relevant times hash been a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. Case 8: DE Document 158 Filed 04/26/18 Page 6 of 27 Page ID #:2484 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. Cross -Defendant City of Orange is and at all relevant times has been a general law city operating under the general laws of the State of California. 32. Cross -Defendant City of Placentia is and at all relevant times has been a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. 33, Cross -Defendant City of Rancho Santa Margarita is and at all relevant times has been a general law city operating under the general laws of the State of California. 34. Cross -Defendant City of San Clemente is and at all relevant times has been a general law city operating under the general laws of the State of California. 35. Cross -Defendant City of San Juan Capistrano is and at all relevant times has been a general law city operating under the general laws of the State of California. 36, Cross -Defendant City of Seal Beach is and at all relevant times has been a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. 37. Cross -Defendant City of Stanton is and at all relevant times has been a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. 38. Cross -Defendant City of Tustin is and at all relevant times has been a general law city operating under the general laws of the State of California. 39, Cross -Defendant City of Villa Park is and at all relevant times has been a general law city operating under the general laws of the State of California. 40. Cross -Defendant City of Westminster is and at all relevant times has been a general law city operating under the general laws of the State of California. 41_ Cross -Defendant City of Yorba Linda is and at all relevant times has been a general law city operating under the general laws of the State of California. Case 48-cv-00155-DOC-ME Document 158 Filed 04/26/18 Page 8 of 27 Page ID #:2486 1 2 3 4 5 6 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Supervisor Do, Buena Park had the tenth highest number of unsheltered homeless individuals in the County with a reported count of 70, or 15% of Santa Ana's total. 47. On March 31, 2018, a point -in -time count in Santa Ana revealed there is at least 1,030 unsheltered individuals within city borders, 8 1 % of whom are chronically homeless (for one year or more). Combined with sheltered homeless, the number of homeless individuals in Santa Ana rises to 1,617. Santa Ana's 2018 count total is more than double the 2017 Count as reported by Supervisor Do. Santa Ana's Count established that 52% of the individuals counted came from outside Santa Ana and identified 32 Santa Ana public schools located within 1,000 feet of a homeless encampment. 48. Santa Ana is home to a low -barrier emergency shelter, a winter shelter, a home for homeless women and children, and a women's shelter. In total, Santa Ana has over 700 shelter beds or approximately 70% of the shelter beds across Orange County, IMPACTS ON SANTA ANA 49. The impact of homeless related issues on Santa Ana has been staggering. In 2017, Santa Ana estimates it spent approximately $15 million providing fire and police, security and other necessary services to address homeless related issues in and around the Civic Center and Santa Ana. 50. Santa Ana estimates it will be compelled to spend over $17 million in 2018 to address homeless issues at the expense of core services to Santa Ana residents. This figure represents approximately 7% of Santa Ana's general fund that pays for police and fire among other services. 51. Santa Ana's physical resources have been overwhelmed. Just until very recently, over 200 homeless individuals lived in the Civic Center in tents and other makeshift shelters. This encampment necessitated the leasing of temporary bathroom facilities and created issues regarding the storage of personal property left unattended in and around the Civic Center. The circumstances gave rise to the Case 8: Document 158 Filed 04/26/18 Page 9 of 27 Page ID #:2487 2 3 4 5 6 7 8 9 10 I t2 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 near -constant law enforcement presence in the Civic Center. Santa Ana police provided homeless outreach services and faced quality of life issues, a suicide attempt, physical assaults, petty crimes, and investigating a homicide, among a variety of other issues. City personnel also undertook extraordinary health and safety measures, including the collection of abandoned, used, uncapped hypodermic needles, disposal of human waste left in public areas, increased maintenance services to confront excessive trash, and the implementation of weekly power washing to minimize Hepatitis A and other health concerns — all at Santa Ana's expense. 52. Homeless individuals are intentionally or unintentionally abandoned within Santa Ana by various means. Some are transported for services to Santa Ana and left without a plan for return transportation to the city of origin. Other homeless individuals are brought to Santa Ana for shelter and essentially remain in Santa Ana if that housing solution ends. For others, it is believed they are simply transported to Santa Ana by neighboring agencies and ultimately abandoned. Regardless of the intent as to how or why homeless individuals are brought to Santa Ana, the impact is severe and burdens its residents. 53. Despite the wealth and considerable size of Orange County, the only low barrier emergency shelter is found in Santa Ana. In fact, the County placed the sole emergency shelter known as "The Courtyard" in Santa Ana and within proximity of sensitive land uses such as nearby residences, several schools, and two public libraries. The Courtyard provides shelter for upwards of 400 individuals on a nightly basis irrespective of weather. The dramatic need for shelter is exemplified by individuals camped on the sidewalk across the street from The Courtyard when it closes its doors to individuals because of overcrowding. The living conditions themselves in The Courtyard have come under severe criticism due to overcrowding, exposure to the elements, and the lack of privacy for women. 18-cv-00155-DOC-JDE Document 158 Filed 04/26/18 Page 10 of 27 Page ID #:2488 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54. Santa Ana has made multiple efforts to engage other Orange County cities in developing solutions for addressing homelessness, but with little success. In October 2016, Santa Ana reached out to the County's 33 other cities to hold a meeting to discuss potential solutions. When the group finally met eight months later on June 29, 2017, only 12 other Orange County cities sent representatives. PLAINTIFFS' ORIGINAL LITIGATION 55. On January 29, 2018, Plaintiffs in these proceedings filed the underlying civil rights action to halt the County's eviction of hundreds of homeless individuals living in or near the Santa Ana Riverbed. 56. On or about February 4, 2018, the Court stayed the County's efforts and later lifted that stay only after requiring the County to provide 30-day motel vouchers for individuals relocated from the Riverbed and concurrent assessments of those individuals to determine future shelter options and services. 57. Over 700 persons were relocated from the Riverbed, including single women and veterans. Later, approximately 200 individuals from the Santa Ana Civic Center were relocated. 58. As the motel stays for individuals were ending, the County faced significant challenges in providing adequate services and shelter beds. The Court has convened numerous bearings to resolve issues raised by Plaintiffs in this process. However, there are continued and consistent new issues arising with individuals who were removed from the Riverbed and placed in shelters or services outside of Santa Ana or in Santa Ana, who are now living on the streets of Santa Ana. 59. The Court has repeatedly implored the County and all Orange County cities to identify both short- and long-term solutions to the homeless crisis, including at the very least the placement of low -barrier emergency -type shelters. 60. The underlying litigation in these proceedings raised hopes of global participation by the County and its cities in addressing homelessness, a solution 18-cv-001.55-DOC-JDE Document 158 Filed 04/26/18 Page 11 of 27 Page ID #:2489 1 2 M 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 long sought by Santa Ana. However, those hopes were dealt a fatal blow once the County, backed away from a plan to establish low barrier homeless shelters in three I cities. THE COUNTY'S ABORTED PLAN 61. On March 17, 2018, federal district court Judge David O. Carter held a status conference in the Santa Ana City Council Chambers. He invited the mayors and city managers for all 34 cities in Orange County to attend. Judge Carter specifically stated that homeless issues should be addressed by Orange County, a place that was home to five of the twenty wealthiest cities in the entire nation. He noted that Santa Ana was overburdened compared to other cities in the County with not only the sheer number of homeless individuals, but also with the number of services located in Santa Ana. By the end of the Status Conference, Supervisor Do announced his laudable commitment to addressing homeless issues within the County. 62. To this end, on March 19, 2018, the Orange County Board of Supervisors voted to add up to 400 new emergency shelter beds on county -owned properties in the cities of Irvine, Huntington Beach, and Laguna Niguel. This plan would have located 200 homeless people in Irvine, then 100 in Huntington Beach and 100 in Laguna Niguel, if needed. The County also voted to spend about $70.5 million in unspent Mental Health Services Act funds for housing and services for homeless people with mental illnesses. 63. Within one day of the County's approval, all three cities vigorously opposed this plan and threatened to sue the County, The Huntington Beach and Laguna Niguel city councils voted to sue the County. Irvine filed a lawsuit on March 26, 2018 against the County. These actions were taken despite the fact that California law requires each city to zone for homeless shelters. 64. By March 27, 2018, the Board of Supervisors formally rescinded its approval of the three -shelter plan. DE Document 158 Filed 04/26/18 Page 12 of 27 Page ID #:2490 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65. On April 19, 2018, the South Orange County Mayors proposed Silverado Elementary School, a rural county owned property, as a potential site for a I homeless shelter, 66. On April 24, 2018, the Board of Supervisors voted to reject the Silverado Elementary School site proposal, As of the filing of this Cross -Complaint, no Orange County city has provided a location for an emergency shelter. Ufl 67. Santa Ana seeks meaningful progress toward an equitable distribution of homeless services, whether it be through resources or shelter throughout the County. Cross -Defendants must work collaboratively to resolve the current homeless crisis and to avert another. The communal goal must be a sustainable, long-term plan that is both city -specific and regional in nature. There must be a basic willingness to seriously consider, or at least not oppose, the provision of low barrier shelters and permanent supportive housing by Cross -Defendants as well as the provision of social services by city representatives or third parties, all in a dignified and humane manner. FIRST CAUSE OF ACTION Violation of Eighth Amendment (42 U.S.C. § 1983) (Against All Cross -Defendants) 68. Defendant and Cross -Complainant City of Santa Ana incorporates by reference and realleges Paragraphs 1 through 67 as if fully set forth herein. 69. Cross -Defendant cities have either opposed, refused, or rejected the siting of homeless shelters and services in their jurisdictions. Santa Ana has the densest concentration of homeless individuals in the County. Despite state requirements for each city to provide housing for homeless individuals, Cross - Defendant cities have made insubstantial progress or failed to do so entirely. 18-cv-00155-DOC-JDE Document 158 Filed 04/26/18 Page 13 of 27 Page ID #:2491 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 70. Cross -Defendant County has established homeless services almost exclusively in Santa Ana, thereby further contributing to the dense concentration I I homeless individuals therein. 71. Cross -Defendant County has failed to spend in excess of $200 million it has available for the provision of services to mitigate homelessness in Orange County. 1t has also failed to account for the interest earned on these monies. 72. As a direct and proximate result of Cross -Defendants' acts and omissions, Santa Ana has been compelled to spend millions of dollars from its general fund budget to address a myriad of health and safety concerns attributable to Santa Ana's homeless population, including until just recently the over 200 unsheltered individuals living in the Santa Ana Civic Center, Santa Ana residents (have faced: homeless encampments, the possibility of a Hepatitis A outbreak, the threat of or actual physical and verbal assault, exposure to public defecation and public urination, carelessly discarded, uncapped, used hypodermic needles, and excessive trash in the Civic Center and around Santa Ana. 73. Santa Ana would otherwise have spent these funds on the provision of core services to its residents but has been forced to divert such funds to provide homeless -related services, resulting in a deprivation of critical services that could potentially positively affect the quality of life of its residents. 74. The foregoing acts and omissions of Cross -Defendants have caused this deprivation of core services and quality of life by necessitating the expenditure of Santa Ana funds on services related to homelessness. Residents of Santa Ana are entitled to these services and by this deprivation, they have been subjected to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. 111 Ill I as 8:18-cv-00155-DOC-JDE Document 158 Filed 04/26/18 Page 14 of 27 Page ID #:24 92 1 SECOND CAUSE OF ACTION 2 Violation of Fourteenth Amendment: Equal Protection (42 U.S.C. §1983) 3 (Against All Cross -Defendants) 4 75. Defendant and Cross -Complainant City of Santa Ana incorporates by 5 reference and realleges Paragraphs 1 through 74 as if fully set forth herein. 6 76. The population of Santa Ana is approximately 341,000, 78% of which 7 is Hispanic. No other city in Orange County has a higher Hispanic population. 8 77. Santa Ana's median household income is also near the lowest of all 9 cities in Orange County, 10 78. These ethnicity and income demographics are well-known to Cross- 11 Defendants. 12 79. On account of these demographics, Cross -Defendants have either 13 established, encouraged, or been content with the provision of homeless shelters 14 and services almost exclusively within the borders of Santa Ana instead of their 15 16 17 18 19 20 21 22 23 24 25 26 27 28 own jurisdictions. 80. This practice has continued unabated for years. Santa Ana hosts the only true low barrier emergency shelter in Orange County and by far the highest measure of social and other services targeted at homeless individuals. 81. Based on Cross -Defendants' acts and omissions, Santa Ana and its residents have suffered a denial of the equal protection of the laws, as guaranteed by the Fourteenth Amendment of the United States Constitution. THIRD CAUSE OF ACTION Violation of Fourteenth Amendment: Due Process (42 U.S.C. §1983) (Against All Cross -Defendants) 82. Defendant and Cross -Complainant City of Santa Ana incorporates by reference and realleges Paragraphs 1 through 81 as if fully set forth herein. 83. Santa Ana has a significant liberty interest in administering an efficient and effective government for the benefit of its citizens. DOC-JDE Document 158 Filed 04/26/18 Page 15 of 27 Page ID #:2493 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 84. This interest has been severely compromised by Santa Ana's need to devote substantial monetary and human resources to managing and relieving the acute homelessness crisis within its borders. The diversion of such resources has been to the detriment of Santa Ana residents. 85. This crisis has been precipitated and exacerbated by the foregoing actions and omissions of Cross -Defendants, thereby depriving Santa Ana of its liberty interest without due process of law in violation of the Fourteenth Amendment of the United States Constitution, and detrimentally affecting its residents. 111 U/ 18-cv-00155-DOC-JDE Document 158 Filed 04/26/18 Page 16 of 27 Page ID #:2494 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRAYER FOR RELIEF WHEREFORE, Defendant and Cross -Claimant City of Santa Ana prays for the following: 1. As against Cross -Defendant County, monetary damages according to proof as reimbursement for the costs spent on homeless resources and necessary related services; 2. As against Cross -Defendant County, monetary damages according to proof for funding the continued provision of homeless resources and necessary related services; 3. As against all Cross -Defendants, declaratory judgment that Cross - Defendants and each of them have denied Santa Ana's rights under the Eighth and Fourteenth Amendments as alleged herein; 4. As against all Cross -Defendants, an order requiring Cross -Defendants !i and each of them to establish city -specific and regional solutions to homeless issues or comply with state law as required; 5. As against all Cross -Defendants, reasonable attorney's fees; 6. As against all Cross -Defendants, costs of suit; and 7. Such further relief as the Court may deem just and proper, Dated: Apri{L�t, 2018 By: CITY OF SANTA ANA Case 8:18-cv-00155-DOC-JDE Document 158 Filed 04/26/18 Page 17 of 27 Page ID #:2495 Ak 4NUMMEAMAMILI DIC Orange County's Point In Time (PIT) count occured on) an uary28th, 2017. The PIT count is a biennWtally of people without a home on a particular night. We countbecausewe want to understand homelessness In ourcommunity in orderto end It.This PITcountprovidesvital Informationthatguides and shapesthe waywe approach and solve homelessness in Orange County. This information is provided to the federal Department of Housing and Urban Development (HUD) and Informs the amount and type of resources Orange County receives to help end homelessness. UNSHELTERED • SHELTERED 2,584 EMERGENCY TRANSITIONAL ♦ SHELTER SHELTER 1,248 960 A Continuum of Care (CoC) is an Integrated system of care that guides her Individuals & families through a comprehensive array of services and housing de: to prevent and end homelessness. The County of Orange is the lead for Orange Co CoC, which funds 14 nonprofits across the OC CoC. SUMMARY OF KEY FINDINGS Orange County Is divided into three Service Planning Areas (SPAS) that efficiently direct resources as Individuals experiencing homelessness enter the Coordinated Entry System. 2013 2015 2017: Unsheltered Homeless people T27 2,2tl1 2,584 Sheltered Homeless People 2,261 2,208 Emergency Shelter 1,145 925 1,248 Transitional Shelter 1,428 1,326 960 Total PIT Count fi 4,251 4,452 4,782 Change Year to Year +4,73%(201) +7.6%(340) In conjunction with 2-1-1 Orange County, the OC Commission to End tbeds ssness convened an ad hoc committee to provide ance on the 2017 PIT count project. The ad hoc mmittee's direction Included a public places count with sampling methodology. This methodology was also used for the 2013 and 2015 PIT counts. During the 2017 PIT count, 86 additional maps were counted and surveyed for a total of 270 maps in comparison to 184 maps In the 2015 PIT count. Reductions in transitional shelter beds is reflective of national UD funding priorities. Increase in emergency shelter is a result of The Courtyard, a County investment. eaocation of resources to permanent housing are not reflected in the count results. HOMELESSNE INORANNTY *2017 Poin t-M-l7me Count- SU' LE 1F CA Ii 2,150 434 �I UNSHELTERED TOTAL:2 O VETERANS e County is the third largest county in California, and sixth largest In the nation with a population of more than million people. Despite our affluent reputation, we have residents who have needs you might not expect. Like many ies across the nation, we have people experiencing homelessness. The County of Orange is working diligently to de funding and resources for this vulnerable population, Here Is a look at what we've done in the last year. cuesreea The Board of SUParyNors has committed more than MILLION to providing multiple shelter options that meet a variety of needs. KRAEMER CENTER (North Anaheim) County's that year-round emergency shelter and multi -service center with on -site programs. 100 beds In phase one opening Spring 2017, 100 additional beds In phase two anticipated in late 2018. 400 BEDS THECOURTYARD (Santa Ana Civic Center) Day serviae center and low barrier, low threshold safe sleep shelter. MILLION AVAILABLE ARMORIES (Santa Ana and Fullerton) overnight cold -weather emergency shelter providing 400 beds from Decemborto April, The Board approved Issuance or the 2016 Permanent Su heoMbo Housing Notice of Funding Avdhinlity to provide up to $8 million for the acyuildon, new construction and acquisition/ rehabilitation of permanant supportive housing for Orange County's extremely low-income households that are homeless. RESTAURANT MEALS PROGRAM --- 50K PER YEAR The Board approved the Restaurant Meals Program that will enable Cafresh ollbentswho amhomeless, disabled and/or olderly to purchase meals from participating manuumes with their Coltman benefits. It Is Intended to Increase food access for those who do not have a place to store or cook two, may not be able to prepare food or lack access to a grocery store. — WHOLE PERSON CARE INITIATIVE — The Whole Person Care initiative will target services to those that are experiencing homelessness and are high utilizers of emergency rooms. $23.5 MILLION 1 $9.6MILLION PHASE ONE PHASE TWO NOVEMBER 2016 - DECEMBER 2020 TED- DECEMBER 2020 Housing Navigators 0„IT < Beds e g Support Service Coordinators 1 CRISIS STABILIZATION UNITS 23.9 MILLION N In funding from the County has Increased the number of beds available for people In a psychiatric ass,.showing Individuals to receive immediate psychiatric care as opposed to going to the enlergencyroam. Planning The County is the lead for Orange County's Continuum of Pare, which provides $2Z3 MILLION In funding to nonprofits to provide permanent housing options insipid rehousing or permanent supportive housing) to Individuals and families In our community. Provides funding for Increased 'and strategic coordination of resources targeting the most vulnerable populations. 00 Coordinated Permanent Enere Svcfam Housing — EMERGENCY SOLUTIONS GRANTS $1=1 MILLION The Board approves local nonprofitsto receive said gantfunding to provide emergency shelter and rapid rehousing servicesto individuals and families In the community, STATE COUNTY N--O"'711NNPPRRROFFIIT INDIVIDUAL Case 8:18-cv-00155-DOC-JDE Document 158 Filed 04/26/18 Page 20 of 27 Page ID #:2498 ■ 4/26/2018 Case II:18-cv-00155-DOCR,ML'd Di9 UNj'�. unigiW /�BY7g- �l,01.abf 27 Page ID #:2499 u sum total percentage point deviation of place from �0 Orange County # rank of place out of 40 by % f non-I-lispanic 2excluding black and Asian Hispanics Ifl=12p o -WhILO o �l panto o Black o Asian o M=d o Othe1 Hispanicl Population by Place 22 Percentage of the total population. Scope: population of Orange County, selected places in Orange County, and entities that contain Orange County https://statisticalaties.comfcounty/California/Orange-County/Race-and-Ethnicity 13/43 4/16/2011, Case 8:18-cv-00155-DOC83E)L'd M UrYi&MT5$"n'Fifigi o(94,TWt8-sP121Pbf 27 Page ID 0% 20% 40% 60% Cou#:2500 Santa Ana 267k 1 La Habra 36.6k 2 Anaheim 52 2% 177k 3 Stanton 47.6% 18.2k 4 Los Angeles 44.20 5.72M Tustin 39.2°I° 30.01k 5 San Juan Capistrano 8.3% 13.5k 6 Buena Park &.2°i, 31.1k 7 Orange 8.1 % 52.61< 8 California 7A% 14.1M Placentia 6.9%° 18.9k 9 Garden Grove 6,6% 63.2k 10 Costa Mesa 3 .9%° 38.7k 11 Fullerton 3 .2%° 46.8k 12 Orange 3 .6% 1,03M Pacific: 30. % 15.5M Midway City 28. % 2,677 13 'West: 28. % 20,8M Brea 26.7 a 10.6k 14 Lake Forest 23.0% 18.Ok 15 Westminster 22.5% 20.4k 16 Los Alamitos 21.4% 2,470 17 Rancho Santa Mara; 8.7% 9,036 18 Huntington Bch 8.6% 35.9k 19 Laguna Hills 8.5% 5,638 20 Cypress &.0% 8,719 21 San Clemente 7.4% 11.1k 22 United States "< 16,2% %5M La Palma 9% 2,493 23 Yorba Linda 5.7% 10.2k 24 Aliso Viejo 1 .6% 7,627 25 Fountain Vly 1 .6°% 8,702 26 Mission Viejo 1 ',5% 14.7k 27 Ladera Ranch 1 A%° 3,669 28 Las Flores 1 .3% 1 1,007 29 Dana Point 1 .7% 4,937 30 Laguna Niguel 1 .1%° 8,971 31 Seal Beach I .1% 3,422 32 North Tustin 11, `l° 3,061 33 Rossmoor 10=%, 1,175 34 Villa Park 0.6 n 565 35 Irvine 9.51,, 21.1k 36 Coto deCaza 9.1°q 1,357 37 Newport Beach &.301 7,146 38 Laguna Beach 74%� 1,690 39 Laguna Woods 4.6% 1 755 40 httpsJlstatisticalatlas.comlcountylCalifornial0range-CountyiRaco-and-Ethnicity 14143 Case 8:18-cv-00155-DOC-JDE Document 158 Filed 04/26/18 Page 23 of 27 Page ID #:2501 4/26/2018 Case 8:18-cv-00155-DOC-t9D&o'Vuetit*ewtnlbWurpilMf6*EeAS)• FMNLoaNaaf 27 Page ID #:2502 Household Income by Place in Orange County There are 40 places in Orange County. This section compares all 40 of those to each other, Orange County, and other entities that contain or substantially overlap with Orange County, Median Household Income by Place Scope: households in Orange County, selected places in Orange County, and entities that contain Orange County hBpsa/statisticalatias.com/county/California/Oranga-CountyMousehoId-Income 13/44 4/26/2018 Case 8:18-cv-00155-D0CH D9ol Page ID $Ok $50k $100k $150k %%#:,2§03 Coto de Caza Villa Park Las Flores Ladera Ranch North Tustin Yorba Linda Rossmoor Newport Beach Rancho Santa Mar... Laguna Niguel Aliso Viejo Mission Viejo Laguna Beach Lake Forest Laguna Hills Irvine San Clemente La Palma Los Alamitos Huntington Bch Fountain Vly Dana Point Brea Orange Cypress Placentia San Juan Capistrano Orange Tustin Fullerton Buena Park Costa Mesa La Habra California Los Angeles Pacific Garden Grove Anaheim West Santa Ana United States Westminster Seal Beach Stanton Midway City Laguna Woods +117%u +106% +70.1 % +64.5% +62.6% +48.8%4 +44.3% +41.0% +38.0% +32.3% +31.8%a +27.6°% +25.1 % +24.1 % +20.3% +20.1 % +19A% +13.7% +9.62% +7.91 % +7.22% +6.25% +4.91 % +4.53% +3.90% +3.73% +0.24% 0% -2.95% -10.7% -12.0% -12.7% -18.2% -19.0% -20.1 % -20.3% -20.9% -21.6% -24.2% -29.3% -29.7% -30.2% -32.1 % -36.5% -40.0% -51 A% 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 https:llstatisticalaties.com/county/California/0range•County/Household-Income 14/44 4126/2018 Case 8:18-cv-00155-DOC BelcBroom a ni6ounl-riWco* fiito- "(Pi26�af 27 Page ID #:2504 olu percentage above or below median household income of Orange County # rank of place out of 40 by median household income Six -Figure Incomes by Place Percentage of households with incomes above $100k. Scope: households in Orange County, selected places in Orange County, and entities that contain Orange County < $25k $25-50k $50-100k $100-200k $200k+ https://statisticelatias.com[county/Californ1a/Orange•County/HoLisehold-Income 15/44 4/26/2018 Case 8:18-cv-00155-DOCK3DEoIdDmuigOMnifRunFyiWc(WMORO- le".%aqjf 27 Page ID 50% 0% 50% Gou�ti2505 Villa Park Coto de Caza Laders Ranch North Tustin Las Flores Yorba Linda Newport Beach Rancho Santa Mar... Rossmoor Laguna Niguel Aliso Viejo Mission Viejo Laguna Beach Lake Forest Irvine Laguna Hills San Clemente La Palma Dana Point Huntington Bch Los Alamitos Fountain Vly Brea San Juan Capistrano Cypress Placentia Orange Orange Tustin Fullerton Costa Mesa California Buena Park Los Angeles Seal Beach Pacific La Habra Anaheim West Garden Grove Westminster United States Santa Ana Stanton Midway City Laguna Woods 1,415 3,428 4,757 5,512 1,260 12.5k 20.3k 8,712 2,048 12.2k 9,228 16.0k 5,271 12,7k 36.9k 4,703 10.9k 2,076 5,890 30.1 k 1,623 7,356 5,509 4,429 6,092 6,091 16.2k 368k 8,529 14.Ok 12.6k 3.63M 6,578 1.21 M 3,511 4.80M 4,782 25.4k 6.49M 11,5k 6,721 26.0M 14.4k 2,091 483 1,267 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 https:llstatisticalatlas.com/county/California/Orange-CountylHousehold-Income 16/44 Case 8V-cv-00155-D0C-JDE Document 246 Filed 07/11/18 Page 1 of 6 Page ID #:2694 1 WAYNE W. WINTHERS, CITY ATTY. #134659 wwinthers cityyo�forange.org 2 RYAN E. L MM, ASSIST. CITY ATTY. #286564 rlumm cityoforange.org 3 CITY O ORANGE 300 East Chapman Avenue 4 Orange, California 92866 (714)744-5580 5 Attorneys for Defendant and Cross -Defendant 6 CITY OF ORANGE 7 8 9 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ORANGE COUNTY CATHOLIC WORKER, an unincorporated association; Lisa Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy Schuler, Gloria Shoemake, as individuals; Plaintiffs, V. ORANGE COUNTY, the City of Anaheim, the City of Costa Mesa, the City of Orange, and the City of Santa Ana, Defendants. 1 Case No.: SACV 18-00155-DOC-JDE Hon. David O. Carter STIPULATION TO EXTEND TIMI TO RESPOND TO CROSS COMPLAINT FILED BY CITY OF SANTA ANA Cross Complaint served: May 1, 2018 Current response due: July 23, 2018 Indefinite per Court Order Case DE Document 246 Filed 07/11/18 Page 2 of 6 Page ID #:2695 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Santa Ana, Cross -Claimant, V. County of Orange, City of Aliso Viejo, City of Anaheim, City of Brea, City of Buena Park, City of Costa Mesa, City of Cypress, City of Dana Point, City of Fountain Valley, City of Fullerton, City of Garden Grove, City of Huntington Beach, City of Irvine, City of La Habra, City of La Palma, City of Laguna Beach, City of Laguna Hills, City of Laguna Niguel, City of Laguna Woods, City of Lake Forest, City of Los Alamitos, City of Mission Viejo, City of Newport Beach, City of Orange, City of Placentia, City of Rancho Santa Margarita, City of San Clemente, City of San Juan Capistrano, City of Seal Beach, City of Stanton, City of Tustin, City of Villa Park, City of Westminster and City of Yorba Linda, Cross -Defendants. WHEREAS, Defendant and Cross -Claimant City of Santa Ana ("City") filed a Cross Complaint within the above -captioned action on April 26, 2018; WHEREAS, the City served its Summons and Cross Complaint on Cross - Defendants County of Orange, City of Anaheim, City of Orange, and City of Tustin ("Cross -Defendants") on May 1, 2018; WHEREAS, the Court has previously granted Cross -Defendants a 60-day extension to respond to City's Cross -Complaint to July 23, 2018; and 2 Case 8: Document 246 Filed 07/11/18 Page 3 of 6 Page ID #:2696 1 2' g''', 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the parties have agreed to an open-ended extension to file a responsive pleading to follow the Court's open-ended extension for filing responsiv+ pleadings to the underlying complaint and the Cowl tentatively stated its agreement at our last court appearance. NOW, THEREFORE, by and through their respective counsel, the parties hereby stipulate and agree, subject to approval by the Court, that Cross -Defendants' time to file a responsive pleading be extended indefinitely, until the court issues an order that responsive pleadings must be filed. IT IS SO STIPULATED, Dated: July JL 2018 Dated: July 2018 July 2018 CITY OF SANTA ANA By:__ hn M.Funk Assistant City Attorney THEODORA ORINGHER PC in Kevin N. Royer Attorneys for County of Orange CITY OF ANAHEIM By: 3 Gregg M. Audet Deputy City Attorney DE Document 246 Filed 07/11/18 Page 4 of 6 Page ID #:2697 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the parties have agreed to an open-ended extension to file a responsive pleading to follow the Court's open-ended extension for filing responsiv pleadings to the underlying complaint and the Court tentatively stated its agreement at our last court appearance. NOW, THEREFORE, by and through their respective counsel, the parties hereby stipulate and agree, subject to approval by the Court, that Cross -Defendants' time to file a responsive pleading be extended indefinitely, until the court issues an order that responsive pleadings must be filed. IT IS SO STIPULATED. Dated: July , 2018 Dated: July , 2018 Dated: July , 2018 CITY OF SANTA ANA John M.Funk Assistant City Attorney THEODORA ORINGHER PC Kevin N. Royer Attorneys for County of Orange CITY OF ANAHEIM LIN 3 Gregg M. Audet Deputy City Attorney Case DOC-JDE Document 246 Filed 07/11/18 Page 5 of 6 Page ID #:2698 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the parties have agreed to an open-ended extension to file a responsive pleading to follow the Court's open-ended extension for filing responsiv pleadings to the underlying complaint and the Court tentatively stated its agreement at our last court appearance. NOW, THEREFORE, by and through their respective counsel, the parties hereby stipulate and agree, subject to approval by the Court, that Cross -Defendants' time to file a responsive pleading be extended indefinitely, until the court issues an order that responsive pleadings must be filed. IT IS SO STIPULATED. CITY OF SANTA ANA Dated: July , 2018 By: John M. Funk Assistant City Attorney THEODORA ORINGHER PC Dated: July 2018 By: Kevin N. Royer Attorneys for County of Orange CITY OF ANAHEIM Dated: July (� , 2018 By:_. 1 11V ' T--_ Gregg M. Audet Deputy City Attorney 3 Case DE Document 246 Filed 07/11/18 Page 6 of 6 Page ID #:2699 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Tuly I/ , 2018 Dated: July JL, 2018 CITY OF ORANGE By:, ne . Winthers City Attorney r' ..� 155-DOC-JDE Document 232 Filed 05/17/18 Page 1 of 5 Page ID #:2651 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8793) Attorneys ITY OF SANTA Defendant and Cross -Claimant UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ORANGE COUNTY CATHOLIC WORKER, an unincorporated association, Lisa Bell, Shawn Carroll, Melissa Fields, Larry Ford, Cameron Ralston, Kathy Schuler, Gloria Shoemake, as individuals; Plaintiffs, V. ORANGE COUNTY, the City of Anaheim, the City of Costa Mesa, the City of Orange, and the City of Santa Ana, Defendants, I Case No.: SACV 18-00155-DOC-JDE Hon. David O, Carter STIPULATION TO EXTEND TIMI TO RESPOND TO CROSS COMPLAINT FILED BY CITY OF SANTA ANA Cross Complaint served: May 1, 2018 Current response due: May 22, 2018 New response date: July 23, 2018 Case 84-cv-00155-DOC-ME Document 232 Filed 05/17/18 Page 2 of 5 Page ID #:2652 1 11 City of Santa Ana, 3 (I Cross -Claimant, V. M 5 County of Orange, City of Aliso Viejo, 6 City of Anaheim, City of Brea, City of 7 Buena Park, City of Costa Mesa, City of 8 Cypress, City of Dana Point, City of Fountain Valley, City of Fullerton, City of 9 Garden Grove, City of Huntington Beach, 10 City of Irvine, City of La Habra, City of La Palma, City of Laguna Beach, City of 11 Laguna Hills, City of Laguna Niguel, City 12 of Laguna Woods, City of Lake Forest, City of Los Alamitos, City of Mission 13 Viejo, City of Newport Beach, City of 14 Orange, City of Placentia, City of Rancho 15 Santa Margarita, City of San Clemente, City of San Juan Capistrano, City of Seal 16 Beach, City of Stanton, City of Tustin, 17 City of Villa Park, City of Westminster 18 and City of Xorba Linda, 19 11 Cross -Defendants. 20 21 22 11 WHEREAS, Defendant and Cross -Claimant City of Santa Ana ("City") filed 23 11 a Cross Complaint within the above -captioned action on April 26, 2018; 24 11 WHEREAS, the City served its Summons and Cross Complaint on Cross- 25 Defendants County of Orange, City of Anaheim, City of Orange, and City of Tustin 26 11 ("Cross -Defendants") on May 1, 2018; 27 II WHEREAS, Cross -Defendants are required to file their answer and/or 0 respond to City's Cross Complaint by May 22, 2018, or twenty-one days following service of the Summons and Cross Complaint; and 2 Case 8:18-cv-00155-DOC-JDE Document 232 Filed 05/17/18 Page 3 of 5 Page ID #:2653 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 74 25 26 27 28 WHEREAS, the parties have agreed to a sixty-day extension in light of the importance of the issues to be raised. NOW, THEREFORE, by and through their respective counsel, the parties hereby stipulate and agree, subject to approval by the Court, that Cross -Defendants' answer and/or response to the City's Cross Complaint shall be due on July 23, 2018. IT IS SO STIPULATED. Ir � CITY OF SANTA ANA By: /, T4 tl6hn M. Funk Assistant City Attorney May _, 2018 By: Kevin N. Royer Attorneys for County of Orange Dated: May �l , 2018 Gregg M. Audet Deputy City Attorney May r '2018 By: ~~ Wa e W. Winthers City Attorney P Case 8:18-cv-00155-DOC-JDE Document 232 Filed 05/17/18 Page 4 of 5 Page ID #:2654 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17, 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the parties have agreed to a sixty-day extension in light of the importance of the issues to be raised. NOW, THEREFORE, by and through their respective counsel, the parties hereby stipulate and agree, subject to approval by the Court, that Cross -Defendants' answer and/or response to the City's Cross Complaint shall be due on July 23, 2018. IT IS SO STIPULATED. Dated: May _., 2018 Dated: May 17 , 2018 Dated: May 2018 Dated: May l % 11018 CITY OF SANTA ANA John M.Funk Assistant City Attorney THEODORA ORINGHER. PC By: 4 Kevin N. oyer Attorneys for County of Orange CITY OF ANAHEIM am Gregg M. Audet Deputy City Attorney CITY OF ORANGE 9 WeFyfe W. Winthers City Attorney Case 8:1#-cv-00155-DOC-JDE Document 232 Filed 05/17/18 Page 5 of 5 Page ID #:2655 I WOODRUFF, SPRADLIN & SMART 2 3 Dated: May 17, 2018 By: J57 4 DLavid. T. enrlj 0 5 Attorneys for City of Tustin 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 EI