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HomeMy WebLinkAboutCorrespondence - Closed Session #3D Orozco, Norma From:Tim Johnson <tjohnson@jlkrllp.com> Sent:Monday, September 20, 2021 4:16 PM To:Hernandez, Johnathan; Sarmiento, Vicente; Penaloza, David; Mendoza, Nelida; Lopez, Jessie; Bacerra, Phil; Phan, Thai; eComment Cc:Ridge, Kristine; Carvalho, Sonia R.; Funk, John Subject:Closed Session Item 3D Attachments:340- SA Settlement Agreement dtd 9.23.19.pdf; 390- Carter ruling on emergency hearing re El Centro & 450 beds in SA.pdf Council (cc City Manager Ridge and City Attorneys Carvalho and Funk)…On Tuesday you will be discussing in closed session item 3D (Catholic Worker Case; Case No. SA CV 18-0155-DOC (KESx)). This item is where the City is a defendant in the Catholic Worker case (note: defendant by choice). The goal of this email is twofold: 1. Encourage the city to provide an update on the Catholic Worker case specifically regarding its compliance with the Settlement Agreement (attached “340- SA Settlement Agreement dtd 9.23.19), and 2. To provide the residents information as to how many beds the city needs to maintain in accordance with the Settlement Agreement in order to enforce certain laws and how many beds are actually available. Update to the Public Homelessness is one of the biggest, if not the biggest, concern of residents of Santa Ana. The public deserves to have an update as to the city’s response with this case specifically with its compliance with the Settlement Agreement. Obviously, this is a closed session item and such the information you may be required to disseminate to the public may be limited but there is nothing stopping the city from providing an update on this matter as long as it is not privileged information or would jeopardize a strategy of the city. # of Beds Required The public is hearing or reading conflicting information as to the number of beds that the Settlement Agreement requires the city to maintain in order to enforce its Anti-Camping Ordinances. We are hearing 1 empty bed, we are hearing 200 shelter beds regardless of capacity, while others are hearing 450 beds. This should be a very straight forward communication per the Settlement Agreement. Please communicate to the public the city’s required number of beds available in order to enforce its Anti-Camping Ordinances. I will assist you here also by providing Judge Carter’s language in his Order Re Emergency Hearing filed 5/8/21 (initiated with the El Centro case) attached. The pertinent language is highlighted below but Judge Carter clearly indicates “Therefore, the City may not enforce until they have complied with the terms of the Settlement and have 450 bed spaces available.” {emphasis mine} This seems pretty clear that the city needs to have 450 beds in order to enforce straight from the Judge who is presiding over this case. Do you agree? It feels like the city does not believe that 450 is the “the number” based on prior comments made in council and also based on the number of beds that I believe are available (both in Santa Ana and contracted out to the shelter in Fullerton). Here is the language from the above referenced Carter ruling: 1 The language in the Settlement Agreement article 3 may be confusing due to wordsmithing, but even that seems to be apparent that it is 200 beds from The Link plus another 250 for a total of 450 beds. Section 3.2 and 3.3 are the confusing areas but section 3.5 seems to clarify that by referencing the number of placements equal to The Link and the Additional Shelter (i.e. 200 plus 250). Regardless, Judge Carter clarified this matter in his ruling in Doc 390. Can you provide information to the public stating: 1. How many qualifying shelter beds (qualify under the Settlement Agreement) the city of Santa Ana has presently? 2. How many shelter beds are required for the City of Santa Ana to be able to enforce its Anti-Camping Ordinances? If this number is something less than 450 beds, please provide how this is reconciled with Judge Carter’s Order in Document 390 of this case. 3. Is the City currently enforcing its Anti-Camping Ordinances? Conclusion: I ask that you continue to pursue a Housing First methodology focused on true housing for those experiencing homelessness. Housing with a lock from the inside. Housing that provides necessary services such as addiction treatment, mental health services, job training and placements, and general life skills. Please also provide the public information to help us understand the Settlement Agreement that was entered into almost 2-years ago to the day. By providing this information, it would fee like everything is transparent and needed/desired information is being provided. I know everyone works hard on this topic. I do not believe that you are turning a blind eye to those in need. Thank you for caring and listening. Blessing to each of you, your families, and the residents of your Ward and our City as a whole, Tim Johnson Ward 3 Resident 2 Tim Johnson , CPA Partner (949) 860-9892 (714) 743-1065 tjohnson@jlkrllp.com 2601 Main Street, Suite 580, Irvine, CA 92614 See our latest business news and insights by clicking here This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. JLK Rosenberger is a California Limited Liability Partnership and a member firm of PKF International Limited, a family of legally independent member firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member or correspondent firm or firms. 3 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!2!pg!31!!!Qbhf!JE!$;4861 BROOKE WEITZMAN SBN 301037 1 WILLIAM WISE SBN 109468 2 ELDER LAW AND DISABILITY RIGHTS CENTER th 1535 E 17 Street 3 Santa Ana, California 92705 4 t. 714-617–5353 5 e. bweitzman@eldrcenter.org e. bwise@eldrcenter.org 6 7 CAROL A. SOBEL SBN84483 PAUL L. HOFFMAN SBN 71244 MONIQUE ALARCON SBN 311650 CATHERINE SWEETSER SBN 271142 8 LAW OFFICE OF CAROL SOBEL SCHONBRUN, SEPLOW, HARRIS & 9 725 Arizona Avenue, Suite 300 & HOFFMAN Santa Monica, California 90401 11543 W. Olympic Blvd. 10 t. 310-393-3055 Los Angeles, California 90064 11 e. carolsobellaw@gmail.com t. 310-396-0731 12 e. Monique.alarcon8@gmail.com e. hoffpaul@aol.com e. csweetser@sshhlaw.com 13 Attorneys for Plaintiffs 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA - SOUTHERN DIVISION 16 17 ORANGE COUNTY CATHOLIC Case No. 8:18-cv-00155 DOC (JDE) WORKER, 18 NOTICE OF SETTLEMENT WITH Plaintiffs, THE CROSS-DEFENDANT CITY OF 19 SANTA ANA AND EXHIBIT A: v. SETTLEMENT AGREEMENT 20 ORANGE COUNTY, et al., 21 Defendants. 22 23 24 25 Plaintiff Orange County Catholic Worker (“OCCW”) files this Notice of 26 Settlement with the Cross-Defendant City of SANTA ANA. A copy of the 27 Settlement Agreement signed by all parties is attached at Exhibit A. 28 1 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!3!pg!31!!!Qbhf!JE!$;4862 The Settlement is made between the parties and submitted subject to 1) Court 1 approval of the terms; 2) final ratification by the Santa Ana City Council within 14 2 days of the Court’s signing of the Proposed Order; 3) the condition in the Settlement 3 Agreement concerning the prior MOU with the defendant County; and 4) entry of 4 5 dismissal with prejudice as to Defendant Santa Ana only, with the Court retaining 6 jurisdiction to enforce the Settlement Agreement for the period of time and pursuant 7 to the conditions specified in the Agreement. 8 9 Dated: Sept. 23, 2019 ELDER LAW & DISABILITY RIGHTS CENTER LAW OFFICE OF CAROL A. SOBEL 10 SCHONBRUN SEPLOW HARRIS & HOFFMAN 11 /s/ Carol A. Sobel . 12 By: CAROL A. SOBEL 13 Attorneys for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!4!pg!31!!!Qbhf!JE!$;4863 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!5!pg!31!!!Qbhf!JE!$;4864 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!6!pg!31!!!Qbhf!JE!$;4865 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!7!pg!31!!!Qbhf!JE!$;4866 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!8!pg!31!!!Qbhf!JE!$;4867 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!9!pg!31!!!Qbhf!JE!$;4868 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!:!pg!31!!!Qbhf!JE!$;4869 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!21!pg!31!!!Qbhf!JE !$;486: Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!22!pg!31!!!Qbhf!JE !$;4871 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!23!pg!31!!!Qbhf!JE !$;4872 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!24!pg!31!!!Qbhf!JE !$;4873 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!25!pg!31!!!Qbhf!JE !$;4874 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!26!pg!31!!!Qbhf!JE !$;4875 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!27!pg!31!!!Qbhf!JE !$;4876 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!28!pg!31!!!Qbhf!JE !$;4877 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!29!pg!31!!!Qbhf!JE !$;4878 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!2:!pg!31!!!Qbhf!JE !$;4879 Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!451!!!Gjmfe!1:03402:!!!Qbhf!31!pg!31!!!Qbhf!JE !$;487: Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!4:1!!!Gjmfe!16019032!!!Qbhf!2!pg!3!!!Qbhf!JE!$;5564 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA AMENDED CIVIL MINUTES Î GENERAL Case No. SA CV 18-00155-DOC-JDE Date: May 8, 2021 Title: ORANGE COUNTY CATHOLIC WORKER ET AL V. ORANGE COUNTY ET AL PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE Terri Steele Not Present Courtroom Clerk Court Reporter ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR PLAINTIFF: DEFENDANT: None Present None Present PROCEEDINGS (IN CHAMBERS): ORDER RE EMERGENCY HEARING In September 2019, the Parties entered into a settlement agreement in which the City agreed to operate temporary shelters that would provide a total of 450 beds for its homeless population. Settlement at 6. Plaintiffs allege that the City currently Ðhas zero of the required 450 beds available.Ñ Dkt. 386 at 2. Pursuant to Section four under ÐEnforcement of Anti-Camping OrdinancesÑ, the City shall Ðprior to enforcement of the Anti-Camping Ordinances against any homeless individual, \[O&E Personnel will\] locate and offer an available and appropriate placement in the City for the individual in question.Ñ See Settlement at 7. ÐIf the individual declines the offered placement, the City may proceed with enforcement of the Anti-Camping Ordinances in its sole discretion subject to the dispute resolution process detailed herein.Ñ Id. at 2-8. According to Plaintiffs, despite not having the required bed space to shelter its homeless population, the City Ðnow plans to clear an encampment of approximately 40 people at 3:00PM Saturday.Ñ Dkt. 386 at 3. Dbtf!9;29.dw.11266.EPD.KEF!!!Epdvnfou!4:1!!!Gjmfe!16019032!!!Qbhf!3!pg!3!!!Qbhf!JE!$;5565 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES Î GENERAL Date: May 8, 2021 Pa ge 2 Plaintiff first requests an Order finding City to be in violation of the settlement. This Court does not find it appropriate to intervene in a nuisance abatement action involving private property having been decided by the Superior Court on Friday, May 7, 2021. The State Court order does not relate to the Federal Court Consent Decree. Accordingly, PlaintiffÓs request is DENIED. Second, Plaintiff requests the Court to suspend City action that would displace people pending 450 beds. Pursuant to Section four under ÐEnforcement of Anti-Camping OrdinancesÑ, the City shall Ðprior to enforcement of the Anti-Camping Ordinances against any homeless individual, \[O&E Personnel will\] locate and offer an available and appropriate placement in the City for the individual in question.Ñ See Settlement at 7. ÐIf the individual declines the offered placement, the City may proceed with enforcement of the Anti-Camping Ordinances in its sole discretion subject to the dispute resolution process detailed herein.Ñ Id. at 2-8. Therefore, the City may not enforce until they have complied with the terms of the Settlement and have 450 bed spaces available. This instant action is not enforcement of the anti-camping ordinance, but the order of abatement from the Superior Court. The CityÓs stated position is that it will not enforce in violation of the settlement. The City is ORDERED to file its position formally on the docket. Finally, Plaintiff requests sanctions with attorneysÓ fees and other actions. This request is held in abeyance pending the outcome of this dispute. The Court ENCOURAGES that the City of Santa Ana open shelter immediately for the benefit of the displaced homeless population and the citizens of Santa Ana. The Clerk shall serve this minute order on the parties. MINUTES FORM 11 Initials of Deputy Clerk: ts CIVIL-GEN