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HomeMy WebLinkAboutCorrespondence - CS #1 Orozco, Norma From:Tim Johnson <tjohnson@jlkrllp.com> Sent:Monday, November 15, 2021 4:26 PM To:Ridge, Kristine; Mendoza, Steven; Eggers, Terri; Funk, John; Carvalho, Sonia R.; eComment; Hernandez, Johnathan; Mendoza, Nelida; Penaloza, David; Phan, Thai; Lopez, Jessie; Bacerra, Phil; Sarmiento, Vicente; qta@kslaw.com; arwen.johnson@kslaw.com; jdafa@lchb.com; kperigoe@kslaw.com Subject:OC BoS Mtg 11/16/21 re Santa Ana Armory (& SA City Council Closed Session Items A, B & C) Attachments:Community Message: City of Santa Ana Alleges Breach of Homeless Settlement Agreement by County of Orange Mayor, City Council, City Staff, City legal team, and others bcc’d…this email can be placed into public comments th regarding the lawsuits you will be discussing in Closed Session at the Nov 16 in addition to bringing attention to an item at the County level and how it impacts the Catholic Worker settlement in Judge Carter’s courtroom, but as important is th the discussions and vote being held at the county level on November 16 prior to that city council session. Please be aware that the OC Board of Supervisors will be discussing and voting upon reopening the cold weather emergency shelter located in Santa Ana at the Armory down by MHA. This is agenda item #16 for the county tomorrow. From the below email string, you can see that the county intends to utilize the Armory to offer shelter to all folks throughout the county at the Armory and not just those in the Central SPA. This seems like it is in violation of the settlement in the Catholic Worker Case and I would urge the city to have a presence at the Board of Supervisor’s meeting tomorrow morning in order to advocate for the residents and businesses of Santa Ana. I would also urge the city’s legal team to bring this up as it relates to the cases with the county regarding this same topic (see attached). There are many on the streets who need shelter but Santa Ana cannot do this alone. The county is continuously relocating, whether purposely or just by its own policies/procedures, those struggling with housing to Santa Ana through tactics such as this. As you likely know, the Catholic Worker settlement agreement indicated that the county would not relocate someone across SPA lines in order to seek shelter but this appears to do just that. In fact, this type of relocation is one of the prime reasons for the city filing suit against the county in case 8:20:cv-00069-DOC-KES (see attached) in addition to the lack of coordinated transport back to city of origin when released from county jail. The county below sates that “The Cold Weather Shelter will be available to individuals experiencing homelessness throughout the County, which is inline with it’s operations historically.” First, did anyone know that they were formally doing this previously? When Mr. Becht says that it is for those “throughout the County” and then indicates that it is “inline with it’s operations historically” he is confirming that this has been taking place in the past…likely an important fact that should be noted for the city’s case against the county. Someone seeking shelter should be able to receive that shelter in their local vicinity and not be relocated to Santa Ana for that assistance…that is one of the reasons that it was agreed that transportation across SPA lines would not be allowed. Is the City going to sit idle while the county allows this to happen all while not having adequate emergency and other shelter options for South County? Further, the cold weather shelter historically has had very limited pick up and drop off points…both inside the city of Santa Ana. I believe that the county would provide transportation options to Mental Health Association on S Main Street or transport to/from the Civic Center area. If this is for the entire county, then transportation should be provided throughout the county both for pick up and drop off. It should not just be a Santa Ana only issue. I do not believe that this facility should be for county wide access but even if it were restricted to the Central SPA, there should be transporation centers located in each of the Central SPA cities including Garden Grove, Westminster, Fountain Valley, Costa Mesa, etc…Our neighboring cities will talk about how they want to help those struggling with housing but will any of them step up to the plate and ask for a transportation location or will they do what they have done in the past which 1 is get them to the cold weather shelter at the Santa Ana Armory and then not have any convenient transporation back to their own city. This is not acceptable for either the individual seeking shelter to be forced to choose from spending time in their own community where they have connections or having a warm place to sleep during the winter. Again, this is not appropriate for our city to sit back while the county is disproportionately impacting our city with its own stated policies and procedures. This choice to have a County wide shelter with the only transportation options being located in Santa Ana increases the likelihood that everyone who utilizes the emergency shelter will remain in Santa Ana during the day instead of the community that they have ties and connections to. This is not only wrong but also cruel. Will anyone speak up and let the county know that this is not acceptable and work with them to make it better for our community as well as those who are struggling to find housing and the services to help them. As always, I also encourage you to work towards real housing with wrap around services instead of emergency shelter although I do believe that emergency shelter is needed but it is not the solution to homelessness. I appreciate all the hard work that you put into our city and pray that we make some movement to help everyone. Thanks! Tim Johnson Ward 3 Tim Johnson , CPA JLK Rosenberger, LLP (949) 860-9892 (714) 743-1065 JLK Rosenberger is a California Limited Liability Partnership From: Becht, Douglas <DBecht@ochca.com> Sent: Monday, November 15, 2021 2:55 PM To: Tim Johnson <tjohnson@jlkrllp.com>; Chau, Clayton <CChau@ochca.com> Cc: Ridge, Kristine <kridge@santa-ana.org>; Mendoza, Steven <SMendoza@santa-ana.org>; Sarmiento, Vince <vsarmiento@santa-ana.org>; Eggers, Terri <TEggers@santa-ana.org> Subject: RE: Santa Ana Armory CAUTION: This email originated from outside of JLK Rosenberger. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Mr. Johnson, The Cold Weather Shelter will be available to individuals experiencing homelessness throughout the County, which is inline with it’s operations historically. The pick up locations are set to be the same pick up locations we have used for several years. We are open to consider additional pick up locations if cities so request. Referrals coming from outside the pick up locations are often provided transportation by the referring agency. The Cold Weather Shelter is a specific resource in response to the colder months and provides immediate nightly respite for those who are unsheltered. VOALA will have case management staff on site to help refer each individual to more long term shelter/housing resources that fit their needs. Thanks Doug 2 Doug Becht, MSW Acting Director Office of Care Coordination th 405 W. 5 St, Suite 677, Santa Ana, CA 92701 Direct: 714-834-2323 Office of Care Coordination: 714-834-5000 From: Tim Johnson <tjohnson@jlkrllp.com> Sent: Friday, November 12, 2021 12:10 PM To: Becht, Douglas <DBecht@ochca.com>; Chau, Clayton <CChau@ochca.com> Cc: Ridge, Kristine <kridge@santa-ana.org>; Mendoza, Steven <SMendoza@santa-ana.org>; Sarmiento, Vince <vsarmiento@santa-ana.org>; Eggers, Terri <TEggers@santa-ana.org> Subject: RE: Santa Ana Armory Attention: This email originated from outside the County of Orange. Use caution when opening attachments or links. th Mr. Becht…Thanks for the below. I am aware that the item is on the calendar for the 16, that is why I am asking some questions on it which I am hoping you can address for me and the others on this email string (or maybe they know and I just don’t). The below goes into much more details, but I believe the jist of the info sought is as follows: 1. If it is the county’s intention to only allow those from the Central SPA into the Armory (as opposed to county wide or with non-Central SPA referral partners), can you state this in the agreement and the operating plan? If those are not your intentions, can you also say that please so the public knows what to expect? With regards to operations being similar to prior years, there was been some confusion in this area on who is actually allowed to participate in the Cold Weather Shelter. 2. If it is the county’s intention to have transporation locations outside of Santa Ana, can you state this in the agreement, staff report, and operating plan? If those are not your intentions, can you also say that please so the public knows what to expect? With regards to operations being similar to prior years, there was quite a bit of confusion as to why if the Cold Weather Shelter was for all of the Central SPA (or maybe now the entire county???) then why would there only be transportation points within the city of Santa Ana. Thanks so much! Hoping to receive further information prior to the Board’s meeting on Tuesday. Thanks!! Tim Johnson , CPA JLK Rosenberger, LLP (949) 860-9892 (714) 743-1065 JLK Rosenberger is a California Limited Liability Partnership From: Becht, Douglas <DBecht@ochca.com> Sent: Friday, November 12, 2021 11:34 AM To: Tim Johnson <tjohnson@jlkrllp.com>; Chau, Clayton <CChau@ochca.com> Cc: Ridge, Kristine <kridge@santa-ana.org>; Mendoza, Steven <SMendoza@santa-ana.org>; Sarmiento, Vince <vsarmiento@santa-ana.org>; Eggers, Terri <TEggers@santa-ana.org> Subject: RE: Santa Ana Armory CAUTION: This email originated from outside of JLK Rosenberger. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Mr. Johnson, 3 th Thank you for reaching out. We are bringing this action to the Board of Supervisors on Tuesday, the 16 for approval. The proposed operations and program structure of this year’s Cold Weather Shelter are very similar to previous seasons. Thanks, Doug Becht, MSW Acting Director Office of Care Coordination th 405 W. 5 St, Suite 677, Santa Ana, CA 92701 Direct: 714-834-2323 Office of Care Coordination: 714-834-5000 From: Tim Johnson <tjohnson@jlkrllp.com> Sent: Monday, November 8, 2021 8:22 PM To: Becht, Douglas <DBecht@ochca.com>; Chau, Clayton <CChau@ochca.com> Cc: Ridge, Kristine <kridge@santa-ana.org>; Mendoza, Steven <SMendoza@santa-ana.org>; Sarmiento, Vince <vsarmiento@santa-ana.org>; Eggers, Terri <TEggers@santa-ana.org> Subject: Santa Ana Armory Attention: This email originated from outside the County of Orange. Use caution when opening attachments or links. Mr. Becht and Dr. Chau (cc Santa Ana’s City Mgr Ridge, Assistant City Mgr Mendoza, Mayor Sarmiento, & Homeless Services Mgr Eggers- I am also bcc’ing a few folks also for disclosure also)….I am seeking information regarding the proposed re-opening of the Santa Ana Armory on Warner as the county’s only cold Weather Emergency Shelter which I am hoping you can provide some information. As you know, the Board will be considering this as part of agenda item th #16 at the Board’s Nov 16 meeting. Specifically, I am worried about disproportionate impact upon Santa Ana and how sometimes the actions of the county are contributing (unknowingly??) to the concentration of individuals experiencing homelessness in Santa Ana. After a quick reading, I am hoping you can assist me with: 1. Geography…the ASR indicates that the Shelter will be for the county. Historically, the cold weather shelters were restricted to the SPA regions. The Fullerton Armory proved for those in the North SPA while the Central SPA was serviced by the Santa Ana Armory. Is it the county’s intention to allow individuals from all over the county to utilize the Santa Ana shelter? For example, someone in the City of Orange…are they able to utilize the Santa Ana Armory even though they are in the North SPA? What if someone gets transportation from the City of Orange or the City of Irvine to the pick up location, are they able to utilize the Santa Ana Armory? If the intention is to abide by the Settlement Agreement in the Catholic Worker case and not assist in movement of those seeking shelter across SPA lines, can you explicitly indicate that this Shelter is for the Central SPA? 2. Transportation…The Contract with VOALA indicates that the county will work with the City where the Shelter is located to determine transportation pick up and drop off locations. Have you already coordinated this with the City of Santa Ana? Can you share the locations of the transportation points? Can the City request and the county agree to have transportation points in other cities? The inference is that there will only be a pick up/drop off location in Santa Ana and not in any other cities within the area that is to be serviced by this shelter. If the shelter is for the county as a whole, then transporation should be coordinated throughout the county and not only in Santa Ana. If the shelter is just for the Central SPA, then transporation should be coordinated throughout the Central SPA cities. If the shelter is just for Santa Ana residents (which I highly doubt), then it would be OK to have only coordination within the city of Santa Ana. By providing only one location in Santa Ana, the county is forcing those who may be most comfortable spending the days in their own community to relocate to Santa Ana due to logistical issues. If I am homeless in Garden Grove, I will likely spend my days close to the drop off location in Santa Ana. If I am homeless in San Clemente, I will most likely spend my time in Santa Ana so that I can be close to the transportation point despite having most of my ties to San Clemente. It is not right for the county to relocate homeless individuals to the City of Santa Ana through its own policies. You may not 4 explicitly be relocating individuals, but the results of policies may be doing just that. Can you clarify for me? Can you clarify this in the contract and agenda item? I am hoping that you can assist in providing information on this item since its nexus is with your department and you are the listed contacts. I look forward to a response. If anyone of those cc’d with the city would like to reply, that would be great too. Thanks! 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If suspicious content is detected, you will see a warning. 5 Orozco, Norma From:City of Santa Ana <city-of-santa-ana@emails.nixle.com> Sent:Tuesday, September 01, 2020 9:20 AM To:Tim Johnson Subject:Community Message: City of Santa Ana Alleges Breach of Homeless Settlement Agreement by County of Orange Message sent via Nixle | Go to nixle.com | Unsubscribe Tuesday September 1, 2020, 9:18 AM City of Santa Ana Downtown Orange County Community: City of Santa Ana Alleges Breach of Homeless Settlement Agreement by County of Orange Dear Nixle User, The County of Orange has breached a settlement agreement by transporting homeless individuals into Santa Ana from across Orange County and failing to do its fair share to provide homeless services, the City of Santa Ana alleges in an amended complaint filed on Monday, Aug. 31. 1 The COVID-19 pandemic has further exacerbated this crisis as the County has implemented overly restrictive admission restrictions at its shelter in Santa Ana and reduced the number of County shelter beds, leaving more homeless individuals unsheltered in the city, the complaint states. These and other actions by the County have resulted in the City of Santa Ana, which has the highest Latino population and one of the lowest median household incomes in Orange County, bearing an inequitable share of the responsibility for addressing the countywide homelessness crisis. The City has diverted millions of dollars from programs and services on which residents depend in order to address the disproportionate share of homeless people living in Santa Ana, the City alleges. After numerous attempts to seek assistance from the County in the City’s efforts to relieve homelessness, the City had no other choice but to file suit. The First Amended Complaint and writ of mandamus in Case No. 8:20-cv-00069-DOC (KESx) was filed in U.S. District Court for the Central District of California, Southern Division. The complaint names the County of Orange as defendant. The lawsuit was originally filed on Jan. 13, 2020. This legal action follows a July 23, 2019, settlement agreement between the County and Orange County Catholic Worker that required the County to adhere to certain guidelines for the operation of its shelters. It also prohibited the Orange County Sheriff’s Department from transporting individuals experiencing homelessness across the boundaries of the County’s three Service Planning Areas. Although Santa Ana is not a party to the OCCW Settlement Agreement, Santa Ana is a third- party beneficiary of the agreement and entitled to relief for breach of contract because it was intended that Santa Ana would benefit from the Settlement Agreement. Allegations in the amended complaint include: • The County has engaged in the de facto transportation of homeless individuals across Service Planning Area boundaries to Santa Ana by arresting and transporting them to the County Intake Release Center located in Santa Ana, where they are released rather than being transported to their cities of arrest. • The Orange County Sheriff’s Department has admitted that it “does not keep statistics related to the transportation of homeless individuals,” making it impossible to track OCSD’s compliance with the OCCW Settlement Agreement’s prohibition on transportation across Service Planning Area boundaries. • The Courtyard, a County shelter in Santa Ana, no longer provides sufficient access to beds, which has increased the number of unsheltered people experiencing homelessness in Santa Ana. • The County has failed to build additional shelters and has caved to pressure from wealthier, whiter cities in South County, rescinding its plans to open shelters in those communities. • Due to the disproportionate growth in the number of people experiencing homelessness in Santa Ana as compared to the county as a whole, Santa Ana has incurred millions of dollars in expenses and diverted resources. The City spent an estimated $25.4 million to address homelessness-related issues in the 2019-20 fiscal year and has increased the number of 2 police officers devoted to issues relating to homelessness from one to nine in three years. The City of Santa Ana is seeking monetary damages from the County to reimburse the City for money spent on homeless resources and related services. The City additionally is seeking an injunction and order that includes: • Prohibiting the County from transporting homeless individuals across Service Planning Area boundaries into Santa Ana and requiring the County to track the number of any homeless individuals who are transported; • Requiring that the County impose less restrictive entry requirements at The Courtyard and provide additional low-barrier emergency shelter(s) outside of Santa Ana; • Requiring that the County Intake Release Center in Santa Ana permanently institute policies providing for transportation of releasees to the city in which they were arrested; and • Requiring the County to improve access to existing shelters in Orange County and open additional shelters in parts of the county other than Santa Ana. # # # For full details, view this message on the web. Sent by City of Santa Ana 20 Civic Center Plaza, 8th Floor/ P.O. Box 1988, Santa Ana, CA 92701 To manage your email settings, click here. 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