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HomeMy WebLinkAboutCORRESPONDENCE - 1ESalas, Diana From: Gabrielle Hoverter <Gabrielle.Hoverter@disabilityrightsca.org> Sent: Tuesday, March 03, 2020 2:21 PM To: eComment Cc: Lili Graham; Heidi Joya Subject: Letter re: Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable modifications Attachments: 2020.03.03 - MHA OC Demand Letter.pdf Good afternoon, Please see attached for letter re: Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable modifications. This letter is to be circulated to City Council for their consideration for the March 3, 2020 City Council Meeting. Best, Gabrielle Hoverter (she/her) Legal Secretary Disability Rights California 350 South Bixel Street, Suite 290 Los Angeles, CA 90017 Tel: (213)213-8123 1 Fax: (213)213-8001 i TTY: (800) 719-5798 Email: gabrielle.hoverterp_disabilityrightsca.org Intake Line: 800-776-5746 Website: www.disabilityrightsca.org I www.disabilityrightsca.org/esi)anol Disability (IrL Rights California The information in this transmittal (including attachments, if any) is privileged and confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Any inadvertent disclosure does not waive the attorney -client privilege. i The information in this transmittal (including attachments, if any) is privileged and confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Any inadvertent disclosure does not waive the attorney -client privilege. Thank you rLDisability Fights California California's protection & advocacy system March 3, 2020 Via U.S. Mail and E-mail. eComments Santa-ana org Mayor Miguel Pulido Councilmember Vicente Sarmiento Councilmember David Penaloza Councilmember Jose Solorio City Council Chamber 22 Civic Center Plaza Santa Ana, California 92701 LEGAL ADVOCACY UNIT 350 S. Bixel St., Ste. 290 Los Angeles, CA 90017 Tel: (213) 213-8000 Fax: (213) 213-8001 TTY: (800) 719-5798 Intake Line: (800) 776-5746 www.disabilityrightsca org Councilmember Phil Bacerra Councilmember Juan Villegas Councilmember Cecilia Iglesias Re: Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable modifications Dear Mayor Pulido and Councilmembers: We write on behalf of homeless individuals with disabilities, who rely on the Mental Health Association of Orange County's South Main Street Site ("MHA- OC" and "South Main Street Site" respectively) to manage the symptoms of their disabilities. The City of Santa Ana has rolled out "Homeless Programs" through multiple programs and services funded by state and federal grants to increase work with mental health providers to provide mental health treatment, health services and housing counseling to homeless individuals who reside in the City.' The South Main Street Site is a critical piece of that service 1 The homeless program and services ("Homeless Programs") offered by the City of Santa Ana include: a portion of $40 million in HUD funds to address the significant mental illness of homeless persons through its SP-60 Homelessness Strategy— 91.215(d), Homeless Evaluation Assessment Response Team (H.E.A.R.T.) which oversees homeless outreach needs, safety and security as well as addressing homeless individuals' mental health conditions, over $4 million in Homeless Emergency Aid Program from the State of California to provide connection to mental health services through its Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 2 of 11 infrastructure. And the City of Santa Ana's lawsuit against the South Main Street Site discriminates against individuals with disabilities and eliminates access to this necessary Homeless Program. The reasons alleged are wholly related to the disabilities of individuals who utilize the Site. We demand that the City halt its discriminatory practices and allow the Site to remain open. And though the closure is discriminatory as a whole, we also request that the City exempt individuals with disabilities, who utilize the South Main Street Site, from the Site's closure, as reasonable modifications under Title 11 of the Americans with Disabilities Act ("ADA"). We ask that the individuals be allowed to continue to utilize the Site until such time as the City (1) establishes a Santa Ana location that allows homeless individuals with disabilities to obtain treatment for their mental health disabilities, (2) provides a center and services to enable individuals with disabilities to maintain their symptoms and regular services for life -sustaining needs, such as nutrition, hygiene, and respite, and (3) connects individuals to permanent housing options. This request for reasonable modifications is made under Title I I of the Americans with Disabilities Act ("ADA") and all other applicable state and federal laws. Factual Background A. The City of Santa Ana's Homelessness Issue The 2018 Santa Ana Point -In -Time Count estimated that there were 1,030 unsheltered individuals living in Santa Ana, with an additional 564 individuals who were homeless.z Of the homeless individuals counted, 32.6% reported having mental health concerns and 36.9% reported having disabilities.3 The City attributes the causes of the unsheltered population to loss of job or loved Continuum of Care, and Emergency Solutions Grant ("ESG") to address rapid re -housing, emergency shelters and street outreach. Programs respectively cited and available online at: HUD programs - http://www.cl.santa-ana,ca.us/homelessness/documents/HomelessDraftPlan3-17-18.pdf at 104; H.E.A.R.T. program and services - https://www.santa-ana.org/homeless-engagement: ESG programs and services - https://www.santa-ana.org/hometess-enaaeement, 2 City of Santa Ana Paint -In -Time Count Survey Report at 3 (March 2018). Available online at: https://www.santa-ana.org/sites/default/files/Documents/Homelessi mi)actCCM040318.pdf. 9 Id. at 6. Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 3 of 11 one, fleeing domestic violence, lack of affordable housing, low wages, substance abuse or mental illness.4 The City has not provided adequate homeless services or programs to meet the needs of its residents. For example, the City allowed the 25+ years Civic Center homeless encampment to grow right outside of its City Hall, courthouse, and other government buildings. Only in April 2018 did the City, under court supervision and with the help of healthcare workers, close the Civic Center encampment by outreaching to individuals who were interested in accessing homeless services and housing — like the services provided at the South Main Street Site.5 However, the homeless population in Santa Ana continues to grow and shelters such as the Courtyard and the Link are consistently at capacity. And because the Santa Ana shelters are not accessible, many disabled homeless individuals are left on the streets.5 Without a place to maintain their disability symptoms, rest, store property, obtain food, or maintain hygiene, the death rate of homeless individuals continues to rise in Orange County.? The City recognizes that it needs to provide more resources for its homeless population, as evidenced by the funds it is obtaining to further provide housing and mental health services to homeless Individuals.' But while the City has made clear that it would prefer for other Orange County cities (particularly in the south) to increase their homeless programs, every city in Orange County needs to do so. The City cannot on the one hand receive funds to address homelessness, and, on the other, decide that those that serve homeless individuals with disabilities should be shut down. It is discriminatory. ° Why are People Homeless? Available online at: https://www.santa- ana.org/sites/default/files/Documents/HomelesslmpactCCM040318 pdf. s Civic Center plaza in Santa Ana cleared of homeless encampment, places to stay found for nearly 100, The Orange County Register (April 13, 2018), available online at: https://www ocreeister com/2018104/13/civic-center-plaza-1n-santa-ana-cleared-of-homeless encampment-p I aces-to-stay-found-for-n ea rly-100/, 6 "This Place is Slowly Killing Me."Abuse and Neglect in Orange County Emergency Shelters, ACLU of Southern California (March 14, 2019), available online at: https://www.aclusocal.org/sites/default/files/aclu socal oc shelters report pdf. 7 Orange County Draws Criticism For Over 200 Homeless Deaths This Year, The Orange County Register (December 30, 2019), available online at: https://voiceofoc.org/2019/`12 oran e-county- draws-criticism-for-over-200-homeless-deaths-this-year 8 See fn. 1. Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 4 of 11 B. MHA-QC South Main Street Site Despite the financial resources the City of Santa Ana has obtained through its Homeless Program, the City intends to worsen the living conditions for its most vulnerable residents — homeless individuals with mental health disabilities — by closing the South Main Street Site.9 This Site provides services to only homeless individuals with disabilities and referrals come from County -operated programs.10 The South Main Street Site services include: evaluation and assessment, individual and group counseling, substance use prevention and education, case management, referrals services, housing services, vocational services, and other therapeutic activities.11 The goal of the Site is to provide homeless individuals with disabilities with assistance in a safe and comfortable atmosphere for them to engage in services and address their disability.92 Facts Relating to Individuals Clients We represent the following individuals with disabilities in the City's denial of their access to the Homeless Programs and the request for reasonable modifications. L.W. is 39 years old and has mental health disabilities. These disabilities include manic depression, bipolar disorder, and dissociative identity disorder stemming from a history of severe trauma and abuse. L.W. is a client of MHA- OC and visits the South Main Street Site every day. She uses the Site's mental health services, has a caseworker, and receives assistance with housing. She has placed her name on all the available housing lists. She can shower, do laundry, receive mail, and charge her phone at the Site. The Site provides her mental health treatment and helps her manage her mental health disability through the services and safe community provided at the Site. 9 See City of Santa Ana et at. v. Orange County Association For Mental Health DBA Mental Health Association of Orange County et al., Case No. 30.2020-01124174-CU-MC-CJC, Orange County Superior Court, filed on Jan. 13, 2020. 10 Homeless Multi -Service Center, Behavioral Health, Orange County Health Care Agency. Available online at: http://www.ochealthinfo.com/bhs/homeless multi service center. 11 Id, 12 Id. Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 5 of 11 M.F. is a 55-year-old man with physical and mental health disabilities, including depression and anxiety. Although M.F. is currently employed, he cannot afford to rent an apartment on his low income, especially with rising rents. As a result, he has been homeless for three years and sleeps in shelters whenever he can. Since becoming a client of MHA-OC, M.F. has been able to access the medication he needs for his disabilities. He is also able to do laundry, get clean clothes, and shower at the Site. He is receiving housing navigation services there as well. M.F. is typically at the South Main Street Site every day and has formed friendships with other MHA-OC clients, and relies on the community of people there who understand each other and support each other. A.G. is 61 years old and has lived in Orange County since she was five. She has various mental health disabilities, including bipolar disorder and schizophrenia. Her and her husband's sole income is Supplemental Security Income (SSI). A.G. has been a client of MHA-OC since 2007 and visits their South Main Street Site at least once a month. Her husband is also a client and visits the Site more often. As one of MHA-OC's clients, A.G. receives her disability -related medications at the Site. She believes their mental health services have really helped her, especially given the fact she is experiencing homelessness. Additionally, she is able to do laundry and use the showers at the Site. R.C. is 64 years old and has various physical disabilities. She also has Post Traumatic Stress Disorder (PTSD). She has been living in Orange County for the past 20 years, but became homeless in 2012 after she lost the apartment she shared with her son and daughter-in-law. She cannot afford the cost of rent on her social security income and is on the waitlist for a Section 8 voucher with the Santa Ana Housing Authority. For the past eight years, R.C. has been accessing various services at MHA-OC's South Main Street Site on a daily basis. She utilizes the bathroom, shower, and does laundry at the Site. MHA- OC has also provided her transportation to doctors' appointments and provided housing outreach services. The Site is also a safe and comfortable place for R.C., as opposed to being out in the streets. Most importantly, R.C. has access to a weekly PTSD group and a counselor at the Site. K.P. is a 56-year-old woman with developmental and mental health disabilities. She was diagnosed with bipolar disorder and is on SSI. K.P. first became a client of MHA-OC, the South Main Street Site, about 17 years ago. Because of MHA-OC, and the team at the South Main Street Site, K.P. has been drug -free Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 6 of 11 for 17 years and housed for 15 years. But K.P. still continues to visit the center to help manage the symptoms of her disabilities and the case managers continue to help her if she needs additional services. Without the center, K.P.'s disabilities would be severely aggravated. Summary of Relevant Laws A. Violation of the Americans with Disabilities Act (ADA) Our clients are people with mental health disabilities who are longtime residents of Orange County and who are currently experiencing homelessness. As such, the South Main Street Site is a crucial resource for our clients because they can manage the symptoms of their disabilities by having access to necessary mental health treatment, including medication and therapy services, to address their disabilities. In addition, to maintain their mental health, individuals are able to have their life -sustaining needs met by the Site's services that allows individuals to store essential property, access to accessible shower facilities, laundry services, and accessible bathrooms. Without the South Main Street Site, our clients would lose access to crucial mental health services and their mental health stability would be placed at risk. Not only are the City's attempts to shut down the South Main Street Site a disservice to people with mental health disabilities in the Orange County community, but they also constitute unlawful discrimination — both through intent and effect — under federal and state laws. Specifically, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Civil Code §§51 and 54, and Government Code § 11135. These laws require that the City provide meaningful and equal access to its "services, programs, or activities" and prohibit it from engaging in discrimination on the basis of disability, whether through intent or actual effect. 42 U.S.C. § 12132; 29 U.S.C. § 794; 28 C.F.R. § 35.130(b)(1); 28 C.F.R. § 35.130(b)(8); Civ. Code § 51(f); Civ. Code § 54(a); Gov't Code § 11135. In seeking to shut down the South Main Street Site, the City is discriminating against our clients by denying them the benefits of the services provided by one of the only facilities in Orange County that is tailored to meet the needs of people with mental health disabilities. Without this critical institution, people Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 7 of 11 with mental health disabilities who are home►ess will have a significantly lower chance of accessing the services they need to live. See e.g. Bloom v. City of San Diego, 2018 WL 9539238, at *4 (S.D. Cal. 2018) (denying motion to dismiss where individuals with disabilities alleged that enforcement of anti -RV camping ordinance disproportionately harmed people with disabilities who are homeless). The Ninth Circuit has recognized that even neutrally applied nuisance ordinances can violate the Americans with Disabilities Act when they fail to accommodate people with disabilities or unduly burden people with disabilities. See e.g McGary v. City of Portland, 386 F.3d 1259, 1264-1270 (9th Cir. 2004) (find►ng that the plaintiff adequately stated a claim under Title II of the ADA because the city failed to reasonably accommodate his disability by denying him additional time to participate in the nuisance abatement program without incurring charges.) Here, the City's attempt to shut down the South Main Street Site and have it declared a nuisance, would unduly burden and disproportionately affect people with mental health disabilities because they are the ones accessing the Site's mental health programs. In order for individuals with disabilities to maintain the mental health treatment and the services to manage the symptoms of their disabilities, the City needs to encourage more services, such as the services provided at the South Main Street Site. H Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 8 of 11 B. Request for Reasonable Modifications We request the reasonable modifications because your City's Homeless Programs ensure services and care to homeless individuals with disabilities in Santa Ana.13 The closure of the South Main Street Site would directly affect all individuals with mental health disabilities and prevent individuals from treating for and maintaining their mental health disabilities. Therefore, as stated, we ask for reasonable modifications that the Site remain open until the City continues services as requested." This request for reasonable modifications is made under Title II of the Americans with Disabilities Act ("ADA") and all other applicable state and federal laws. "A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program or activity." 28 C.F.R. § 35.130(b)(7)(i). A failure to provide such modifications is an independent basis for liability under the ADA. Id.; Wis. Cmty. Servs. V. City of Milwaukee, 465 F.3d 737, 751 (7th Cir. 2006). Thus, government entities may be required to modify neutral policies if they bear more heavily on people with disabilities than on others, even if there are insufficient grounds for a disparate treatment or a disparate impact claim. See Crowder v. Kitagay, 81 F.3d 1480, 1484-1485 (9th Cir. 1996); Fry v. Saenz, 98 Cal. App. 4th 256, 264 (2002). Moreover, reasonable modifications of a policy may address the poverty and homelessness arising out of a disability, not merely the impairment itself. See Giebeler v. M & B Associates, 343 F.3d 1143, 1150-51 (9th Cir. 2003) (holding that reasonable accommodations may adjust for the practical impact of a disability, including financial limitations, not merely the immediate manifestations of the impairment giving rise to the disability). This can include the obligation to alter policies that can be barriers to nondisabled persons as well. Id. 13 See fir. 1. 14 The request for reasonable modification Is the City (1) establishes a Santa Ana location that allows homeless Indlvlduals with disabllities to obtain treatment for their mental health disabilities, (2) provides a center and services to enable individuals with disabilities to maintain their symptoms and regular services for life -sustaining needs, such as nutrition, hygiene, and respite, and (3) connects individuals to permanent housing options. Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 9 of 97 C. Violation of the Welfare and Institutions Code Section 5120 The City of Santa Ana also discriminates against people with mental health disabilities by violating Welfare and Institutions Code section 5120. Per Section 5120, the City cannot discriminate "in the enactment, enforcement, or administration of any zoning laws, ordinances, or rules and regulations between the use of property for the treatment of general hospital or nursing home patients and the use of property for the psychiatric care and treatment of patients, both inpatient and outpatient." This provision, as codified in The Lanterman-Petris-Short Act, was aimed at ending the longstanding involuntary commitment of people with disabilities by ensuring that they were provided treatment and services in the least restrictive settings and in local communities instead. Welf. & Inst. Code § 5001; Welf. & Inst. Code § 5120. Here, the City's lawsuit is directly at odds with the stated intent of the Act because it seeks to prevent MHA-OC from providing mental health treatment and services at the South Main Street Site, which is part of the local community. Notably, the City itself has long recognized that the South Main Street Site is a program that is a psychiatric treatment or mental health clinic program within the meaning and intent of Welfare and Institutions Code §5120 and the Site has written confirmation from the City of Santa Ana.15 D. The South Main Street Site Does Not Violate the City's Zoning Code The City also alleges that the South Main Street Site is a multiservice center, and as such, cannot operate in a C2 General Commercial zoning district per the zoning code embodied in the Santa Ana Municipal Code. However, the City misstates its own zoning laws and the zoning for the South Main Street Site, The South Main Street site is a center that provides mental health treatment in a clinic setting. The Site is permitted by right in a C2 zone, as C2 zone incorporates, under Sec. 41-377(a), all uses permitted in the C1 district.16 The 35 April 24, 2002 City of Santa Ana letter issue confirming the application of Welfare & Institutions Code §5120 to the South Main Street Site. Attached as Ex. A. " "Uses Permitted in the C2 district.... (a) All uses which are permitted in the C1 district pursuant to section 41-365." Section 41-377(a), C2 General Commercial of the City of Santa Ana Planning and Building Agency, Planning Division (emphasis omitted). Available online at: httos://www.santa- ana.org/sites/default/files/Documents/C2 Opddf. Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 10 of 11 C1 Community Commercial zoning district, under Sec. 41-365(h), allows for the permitted use of hospitals, clinics, and sanitariums,1' The County of Orange lists the South Main Street Site as a County -contracted, homeless resource for "psychiatrically disabled homeless adults in Orange County" that provides housing specialists to help move individuals into permanent housing.1' The County further states that this County -contracted agency provides services at the South Main Street Site that includes evaluation and assessment, individual and group counseling, and referrals to appropriate mental health services according to specific needs.19 Because of the nature of the services it offers, the South Main Street Site is in compliance with the City's zoning provisions. The City discriminates against our clients by maintaining that the Site is in violation of the City's zoning codes. Per Welfare and Institutions Code section 5120 and its own laws, the City cannot discriminate "in the enactment, enforcement, or administration of any zoning laws, ordinances, or rules and regulations between the use of property for the treatment of general hospital or nursing home patients and the use of property for the psychiatric care and treatment of patients, both inpatient and outpatient." E. Failure to Provide Notice or Warning of Public Nuisance Allegations Finally, the City violated due process as it never provided reasonable notice or warning to MHA-OC or the individuals with disabilities who rely on the South Main Street Site to manage their disabilities or their essential life -sustaining needs of the City's plans to close down the Site.20 The City cites issues of public nuisance but took no action to work with MHA-OC, the provider, on accommodations that would continue to allow homeless individuals with disabilities to access the City's Homeless Program and balance the. City's other interests. 11 "Uses permitted in the C1 district.... (h) Hospitals, clinics, and sanitariums." Section 41-365(h), C1 Community Commercial of the City of Santa Ana Planning and Building Agency, Planning Division (emphasis omitted). Available online at: https://www.santa- ana.org/sites/­`­default/­­f­iles/"DocumentsZC1. . 11 Housing Resource Guide, Orange County 2019, at 42. Available online at: santa- ana.org/sites/default/files/2019-06/HRG2019.pdf. "See fn. 11. 10 42 U.S.C, §§ 1983,1988; Fourteenth Amendment. Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities and Request for Reasonable Accommodation Page 11 of 11 Conclusion We request that homeless individuals with mental health disabilities have the continued ability to access services at the South Main Street Site, or, in the alternative, provide reasonable modifications as requested. We further request that the City establish a procedure for homeless individuals with disabilities who lack access to permanent housing and access to mental health services to apply for such modifications. For the reasons set forth above, the closure of the South Main Street Site is discriminatory against homeless individuals with disabilities who utilize the Site and discriminates based on disability in violation of the ADA. Our clients lack the income to afford housing and ability to access services offered at the South Main Street Site if it were to close. Without the Site, our clients would be denied access to the City of Santa Ana's Homeless Programs and unable to manage the symptoms of their disabilities. If the City does not allow the Site to remain open, our clients will have no choice but to pursue further action. If you would like to discuss stopping the closure of the South Main Street Site or our clients' modification request, please contact me at (619) 814-8523 or lili.grahamCaa)disabilityrightsca org no later than March 6, 2020. Sincerely, Lili Graham Heidi Joya Navneet K. Grewal Attorneys cc: City Attorney Sonia R. Carvalho Assistant City Attorney Kyle Nellesen Deputy City Attorney Jose Montoya Letter Re: Orange County Association for Mental Health v. City of Santa Ana (OCSC Case No. 02CC05569)-June 17, 2002 r Jun120 O2`11.15A f -el Health Advooaoy s f'c.+ )484-2907 p,2 FROM LATHAM &,'NATKINS 00 _. #t (MON) b 17' ui � 16:03iST.0: /N0, 061453309 p 2 aoarnN a Ru$ag4g+�� y�N. , NYW TORR CMItrAgq $.yp�'fyl[c s9.®CG®NNiii#nit NOFTN6RN YINOINIn ��t', �:�+�)•51, raAnNwpr ATTORNEY$ AT LAW gNANOE 'OUNrY a f.,• HAMBURG �.LW.CpM MONO MONO SAN OKOO ' LONDON -- VAN rRAN41UUV 1- LOS ANOELEU PILIC04 VALLSY ' �. Moscow atNOAPORC - NEW JERSEY YOAYO WASNINOTON, O C June 37,2002 VIA FA_QSM ILF ANn IJ c KAM Jose Sandpval, Esq. Senior A fRistaal City Attorney City of Santa Ana Offioc of the City Attorney P.U, Box 1988 Santa Ana, CA 92702 RU N, SdOppCCC, Ra; SSYanReCuunlXAWCial- fbrta^tA!HesMY CitVOfSeptaAn'd (OCSC Case No CC 02Di5d91 Dear Mr, Sandoval,, 'this letter confirms that the ()range County Association tar Mctttal Health ("1 RAOC") and Edward Petriz, (eollcetivcly, "Plaintiffs'), havo filed a dismissal without preudioe in the above -referenced action. You should have already received a file -endorsed copy of the distuissRI, As you are aware, Pkiintift's initiated this lawsuit in order to enforce MIA3C's tight to operate its mental With treatment program at its current location of2A10 South Main Street in Santa Ana, in a C2 zone (the"South Main Street Site") and to obtain from the City of Santa Ana (the "City") a certificate of occupancy reflecting its use of the promises for that Purposo. The action was based in part on Welfare & htslitutions Code § $120, which was enacted to prevent local govenaments from discriminating against individuals with mental disabilities through laid use and Zoning regulations, Section 5120 reflects Celifornis'e - longstanding commitment to ensuring that individuals with mental disabilities have access to care and trcatnt" in local communities by providing that psychiatric treatment facilities may be located in any zone in which hospitals and nursing homes era pemtiuml, either by right or conditional use. The Ctty has agreed utat MHAOC's program at the South Main Sircel site is a Psychiatric treatment program within the meaning of Section S 120 and is thus permitted by right in this C2 zone. 7'he City has fuf iher agreed that Mt1AOC is not required to obtain acondition tl use permit. It is the City's recognition of MHAOC% statutory right to operate at its present location that has led to Plaintiffs' dismissal of this lawsuit without prejudice. And, while we anticipate that the City will continue to comply with Section 5120 and operate in good faith with aanTgwNOcngAO aWca "OAM[a� 4UvRRA a@B@019@6 TL'IEPMONENf; mil 0aO{2p3 II A%• I1141 T45•aig0 CK;_DOCStfq] A68.1 tw+r Ue61 ,: Jun -20 02 11:160 M&-.cal Health Hdvoeacy t2•x�1464-2907 p.3 FROM LATHAM & WATKINS 00 lYI (MON) 6 17' 02 16:044T. 18:02%NO. 4861483304 P :3 to �Wavggs , a .p 5'y.�%)L Jose Sandoval June 17, 2002 Page 2 MHAOC, we have filed the dismissal without prejudice in case litigation is roquired in order to protect MRAOC's rights in the future, We 4w litigation and we look pleased a wwd to the City of Santa Ana continuing to r cognizet we Were able to resolve this matter without pthe lights of utc sal liculth tresunent programs to locate their programs wltllin the community pursuant !o Welfare & Institutions Lode § 5120. Very truly yours, ICtist�Y of LATHAM & WA'rKfNS � nt)C5U01 a66,1(Vl;o0p) •TN ? " aLiry 20 09 11 . lea, r:• •• Me.,, il Health Rdvocaa�cy FROM LATHAM & WATKINS OC #1 U�WAriaAa Jose Sandoval June 17, 2002 Page 3 bee: Robert K, Break Yjm Savage (via facsimile) '�ryslal Sims (via facsimile) Mirk Gordon (via facsimile) .1efJ'rey Thrash (via facsimile) 04.1)CK5Ke146tl 11W200al Cr,_ 1404-2907 P.4 (MON) 6. 17' 02 18:00T. '18:02,/0. 4861483304 P 4. r 0